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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. B12-96.2. Appeal.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B12-96.2. Appeal.

(a) Within 15 calendar days after the decision of the secretary of the Planning Commission on an application for an off-road motor vehicle recreational use license pursuant to a public hearing any person dissatisfied with such decision or condition(s) may appeal to the Board of Supervisors by filing an appeal application with the Central Permit Office. Such application shall be accompanied by a nonrefundable fee in an amount established by the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the secretary of the Planning Commission and the County officials investigating the application pursuant to Section B12-96(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of such hearing shall be mailed, at least ten days prior to the hearing, to the appellant and the applicant, all owners of real property located within 300 feet of the proposed location of the off-road motor vehicle recreational use, the owners of the premises if different from the applicant or appellant, and to any other person who has filed a written request for such notice.

(c) The appeal shall be heard by the Board of Supervisors within 30 days after filing of the appeal; provided that the Board of Supervisors may continue from time to time any hearing held by it.

(d) The secretary of the Planning Commission shall transmit to the Board of Supervisors all records, minutes, papers and files which constitute the record from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the license application as if no other hearing had been held, and may approve, disapprove or conditionally approve the application. The decision of the Board of Supervisors upon an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the property owners, the secretary of the Planning Commission, the Central Permit Office, the Sheriff, [and] the County officials investigating the application pursuant to Section B12-96(a) whether the appeal has been granted or denied.

(Ord. No. NS-1019.2, § 2, 10-21-86)

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