§ 86.08.010  Appeal of a Land Use Decision.
   Before its effective date, in compliance with § 86.06.020 (Effective Date of Permits), any land use decision made in compliance with the provisions of this Development Code by a review authority other than the Board may be appealed by the applicant or other affected party in the following manner.
   (a)   Director’s Decision to Require an EIR.  The Director’s decision to require preparation of an Environmental Impact Report is subject to appeal to the Commission for final decision.
   (b)   Commission’s Decisions.
      (1)   Land Use Decisions.  The Commission shall consider appeals regarding land use decisions made by any County agency, department, office, officer, or official.
      (2)   Decisions Exempt from Appeal to the Board Following a Commission Decision.  The Commission may refer consideration of an appeal to the Board, except for the following:
         (A)   The following matters may not be referred or appealed to the Board:
            (I)   The determination as to the completeness of an application, in compliance with Government Code § 65643;
            (II)   The determination to approve or disapprove an Accessory Wind Energy Permit;
            (III)   The determination to approve or disapprove a Home Occupation Permit;
            (IV)   The determination to approve or disapprove a Short-Term Residential Rental Permit;
            (V)   The requirement for preparation of an Environmental Impact Report;
            (VI)   Variances; or
            (VII)   The determination to approve or disapprove a reasonable accommodation request.
         (B)   In these instances the Commission’s decision shall be the final and conclusive decision.
         (C)   The Board will not accept nor consider an appeal of these Commission decisions.
   (c)   Board’s Considerations.
      (1)   The Board shall consider appeals regarding land use decisions made by the Commission, except as specified in § 86.08.010(b)(2), above.
      (2)   The Board shall only conduct hearings regarding an EIR or other environmental action in conjunction with consideration of the subject land use application and project for which the EIR was prepared or other environmental action proposed.
(Ord. 4011, passed - -2007; Am. Ord. 4169, passed - -2012; Am. Ord. 4331, passed - -2017)