§ 16.04.150. Appeal—Acceptance.

A.

Who May Appeal—Time of Appeal.

1.

Any person aggrieved by an act, determination, or administrative interpretation of the Director of Planning, in the exercise of the authority granted herein, shall have the right to appeal the Director's act, determination, or administrative interpretation to the Planning Commission. Such appeal shall be in writing and shall be filed with the Secretary to the Planning Commission, within (10) days after written notice of the decision has been mailed to the applicant, in accordance with the provisions of Chapters 20.88 and 21.82 of the Monterey County Code, as those provisions may be amended from time to time.

2.

An appeal may be made to the Board of Supervisors by the applicant, the Director of Planning, any public agency, or person aggrieved by a decision of the Planning Commission. Such appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors and with the appropriate authority within ten (10) days after written notice of the decision has been mailed to the applicant.

3.

Written notice of the decision shall be given promptly to the appellant and to those who have requested notice, in writing, of the hearing on the application; and no appeal shall be accepted until the notice of the decision has been given.

4.

At the time of the filing of the appeal the appellant shall pay the required filing fee as established from time to time by the Board of Supervisors to the Clerk of the Board of Supervisors. Except the Director of Building Services shall be exempt from payment of fees.

B.

Requirements for Contents of Appeal. The appellant must specifically state in the notice of appeal:

1.

The identity of the appellant and his or her interest in the decision;

2.

The identity of the decision appealed from the conditions appealed from;

3.

A clear, complete but brief, statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate because:

a.

There was lack of a fair and impartial hearing, or

b.

The findings or decision or conditions are not supported by the evidence, or

c.

The decision was contrary to law;

4.

The specific reasons the appellant disagrees with the findings of the Planning Commission if he or she disagrees;

5.

The notice of the appeal shall set forth specific facts of the matter in sufficient detail to notify interested persons of the nature of the proceedings, to place the interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The Board will not accept on appeal stated in generalities, legal or otherwise.

C.

Form. A form for giving notice of appeal may be provided. The form need not be used if the contents of the notice of appeal is complete.

D.

Acceptance of Appeal. An appeal shall not be accepted by the Board of Supervisors unless it is complete and complies with all requirements. The Secretary of the Board shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete.

(Ord. 4029, 1999; Ord. 3007 § 9, 1984; Ord. 2402 § .022, 1978)

(Ord. No. 5135, § 15, 7-7-2009)