§ 25B-12. Appeals.  


Latest version.
  • (a)

    Appeals to the Planning, Commission.

    (1)

    The decision of the director to approve or deny an application may be appealed to the planning commission by the applicant or any interested person adversely affected by such decision. The appeal, which shall be in writing, and accompanying fee shall be filed with the planning and development department within ten calendar days following the date of the director's decision.

    (2)

    The appellant shall state specifically in the appeal how:

    a.

    the director's decision is inconsistent with the provisions or purposes of this chapter or;

    b.

    there was an error or abuse of discretion by the director.

    (3)

    Prior to the appeal hearing, the planning and development department shall transmit to the planning commission copies of the application, including all attachments and related materials, and a statement setting forth the reasons for the director's decision.

    (4)

    The planning commission hearing shall be de novo and the commission shall affirm, reverse, or modify the director's decision at a public hearing. Notice of the time and place of the hearing shall be given in accordance with Santa Barbara County Code, Section 35-326.2 (Noticing) or Section 35-181.2, as appropriate. Notice shall also be mailed to the appellant.

    (b)

    Appeals to the Board of Supervisors.

    (1)

    The decision of the planning commission to approve or deny an application may be appealed to the board of supervisors by the applicant or any interested person adversely affected by such decision. The appeal, which shall be in writing, and accompanying fee shall be filed with the clerk of the board of supervisors within ten calendar days following the date of the planning commission's decision.

    (2)

    The appellant shall state specifically in the appeal how:

    a.

    the planning commission's decision is inconsistent with the provisions or purposes of this chapter; or

    b.

    there was an error or abuse of discretion by the planning commission.

    (3)

    Prior to the appeal hearing, the clerk of the board of supervisors shall notify the planning commission that an appeal has been filed. The planning commission shall then transmit to the board of supervisors copies of the application, including all attachments and related materials, and a statement of findings setting forth the reasons for the planning commission's decision.

    (4)

    The board of supervisors hearing shall be de novo and the board shall affirm, reverse, or modify the planning commission's decision at a public hearing. Notice of the time and place of the hearing shall be given in accordance with Santa Barbara County Code, Section 35-326.2 (Noticing) or Section 35-181.2, as appropriate. Notice shall also be mailed to the appellant.

(Ord. No. 4453, § 1)