(A) Issuance. Absent extraordinary circumstances, the Appeal Authority shall serve on all parties a concise written decision within 28 days of the hearing or of any ordered supplemental submissions, whichever is later. If the Appeal Authority can do so, it is encouraged to issue its decision sooner.
(B) Standard of review. Except as provided in division (C), the Appeal Authority shall review the land use decision and determine only whether it is supported by substantial evidence or illegal. A land use decision is illegal if it is based on an incorrect interpretation of a land use regulation, conflicts with the authority granted by CLUDMA, or is contrary to law.
(C) Inadequate record. If at the scheduling conference the Appeal Authority determines that the grounds for the land use decision do not appear in the record provided by the County Attorney, then the Appeal Authority shall determine whether the land use decision was correct.
(D) Content. The Appeal Authority’s written decision shall set forth factual findings and legal conclusions sufficient for review. The Appeal Authority may only affirm or reverse, in whole or in part, the land use decision. If reversed entirely or in any part, the Appeal Authority shall provide the county instructions to issue a land use decision consistent with the Appeal Authority’s decision.
(E) Notification. The Appeal Authority’s decision shall set forth in bold typeface the parties’ rights to petition for judicial review, citing the appropriate statute and providing a non-binding calculation of the filing deadline.
(Ord. 2024-02, passed 1-16-2024)