(a) Except to the extent expressly provided otherwise in this title, actions and decisions of the Planning Director, Zoning Administrator, and Planning Commission shall be effective and shall be appealed in the manner provided in this section. A decision of an appeal by a subordinate body may be appealed to the Board of Supervisors in the same manner. As used in this section, “Deciding Authority” shall refer to the Planning Director, Zoning Administrator, or Planning Commission as the circumstances require.
(b) Actions or decisions of the Deciding Authority shall take effect on the sixteenth (16th) day following the action or decision, unless a notice of appeal is filed prior to the sixteenth (16th) day with the clerk of the Planning Commission in the case of Planning Director, Zoning Administrator or other County official’s decisions, or with the Clerk of the Board of Supervisors in the case of Planning Commission decisions. A timely filing of a notice of appeal shall nullify the decision of the Deciding Authority appealed from, whose decision shall serve as a recommendation to the body appealed to. An appeal shall not be considered as timely filed until it is accompanied by the fee established by the Board of Supervisors for such appeal.
(c) Within the time otherwise provided for filing appeals, and where there is a potential for an impact of Countywide importance, any member of the Board of Supervisors may file an appeal. When an appeal is filed by a member of the Board of Supervisors, the clerk with whom it is filed shall cause the matter to be placed on the agenda of the next regular meeting of the Board of Supervisors for a determination by the Board of Supervisors. If the Board determines that there is a potential for an impact of Countywide importance resulting from an action or decision, it may order the appeal to go forward. In the absence of an affirmative determination at that meeting or at a subsequent meeting to which the matter is ordered continued, the appeal shall be deemed withdrawn. No fee shall be required of any appeal taken pursuant to a notice of appeal filed by a member of the Board. A timely filing shall nullify the decision of the Deciding Authority appealed from, whose decision shall serve as a recommendation to the body appealed to.
(d) No appeal, once filed, may be withdrawn without the approval of the body appealed to. The body appealed to shall give such approval after conducting a noticed hearing at which other interested persons shall be given the opportunity to indicate their intention to file appeals in lieu of the appeal to be withdrawn. Upon the expiration of five (5) days after the approval of withdrawal of the appeal, if no other appeals are then pending and no further appeals have been filed, the decision appealed from shall take immediate effect without further order or action. If other appeals are pending or filed, the matter shall continue to be reviewed in the appeal process.
(e) An appeal shall be set for hearing at a subsequent meeting, but in no event later than sixty (60) days after the date of the filing of the notice of appeal with the County Clerk. In the event the body deciding the appeal fails to take action on or continue to a later time a matter appealed under this title, the failure to take action shall be considered a denial without prejudice of the appeal. The matter may be reconsidered upon the giving of proper notice of a new hearing.
(f) The body deciding the appeal shall conduct a public hearing on the matter, notice of which shall be given in the manner required by State planning law. The hearing may be continued from time to time provided that a decision is rendered within the time limits, if any, established by State planning law.
(g) Any appeal of a decision or action shall also serve as an appeal of all related matters decided together with the action appealed from, regardless of the grounds and issues described in the notice of appeal. The body deciding the appeal may reverse, modify or affirm the decision appealed from. In considering the appeal, the body shall consider the evidence presented at previous hearings and/or in the administrative record, and any additional evidence that may be presented at the hearing before it.
(h) Unless otherwise required by California law, the guidelines for quasi-judicial appeals adopted by the Board of Supervisors shall apply to appeals arising under this chapter that are considered by the Board of Supervisors and any subordinate body that elects to adopt its own guidelines that are based on, or generally consistent with, the guidelines adopted by the Board. Unless otherwise set forth therein, any adopted guidelines used in hearing an appeal under this chapter may be modified or waived by the Chair of the hearing body in his or her sole discretion. Such guidelines do not create any additional rights and any failure to follow the guidelines shall not affect the validity of the hearing or the decision made.
(Ord. 1445, eff. August 14, 2014; as amended by § 3, Ord. 1466, eff. March 24, 2016; as amended by § 5, Ord. 1497, eff. June 7, 2018; as amended by § 3, Ord. 1506, eff. February 28, 2019)