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Appellant withdraws design‑review appeal after citing voluminous new materials; Board accepts withdrawal
Summary
An appellant asked to withdraw (or seek a 30‑day continuance of) a design‑review appeal because of newly provided materials including a 1,500‑page amendment; the applicant objected to any continuance and the Board formally accepted the appellant’s withdrawal by roll‑call vote.
A land‑use appeal concerning a design‑review matter — related to a project originally approved in 2006 — was slated for hearing but on the eve of the Board meeting the appellant asked either to withdraw the appeal or be granted a 30‑day continuance to review newly submitted materials, including a 1,500‑page amended study.
Roger Peters, representing the Valley of the Moon Alliance, explained the group had not received some amended materials and that the volume of documents made it difficult to proceed without additional time. Tina Wallace, counsel for the applicant, said the appellant had submitted a written withdrawal and the applicant objected to any continuance or further hearing that would materially prejudice the applicant.
County counsel and staff explained that a continuance within 30 days was impractical because of calendar constraints and re‑noticing requirements; the Board therefore moved to accept the written withdrawal. The Board conducted a roll‑call vote and accepted the withdrawal. Vice Chair Mercio recused herself from this item and Supervisor Rabbit was recorded absent; the remaining members voted to accept the withdrawal.
