§ 26C-347. Appeals.

Development pursuant to an approved coastal permit shall not commence until all applicable appeal periods expire, or, if appealed, until all appeals, including the coastal commission, have been exhausted.

Two (2) concurrent appeal periods and procedures are required due to coastal act requirements as follows:

(a)

Local appeals.

Action by the director of the permit and resource management department, board of zoning adjustments, planning commission, design review committee, or project review committee, or project review and advisory committee to approve, condition or deny any coastal permit may be appealed on or before the tenth calendar day following such action. Action by the director of the permit and resource management department shall be appealed to the board of zoning adjustments. Action by the project review and advisory committee or the design review committee may be appealed only to the board of supervisors.

Unless the appellant can demonstrate that appeal is made in accordance with Public Resources Code Section 30603 (as described below), local regulations and fees will apply.

(b)

Coastal act appeals.

Action by the director of the permit and resource management department, board of zoning adjustments, planning commission, design review committee or project review and advisory committee may be appealed without fee only for the following reasons (#1-4) on or before the tenth working day following such action. Action by the director of the permit and resource management department shall be appealed to the board of zoning adjustments. Action by the project review and advisory committee or the design review committee shall be appealed to the planning commission. Action by the board of zoning adjustments or the planning commission may be appealed only to the board of supervisors.

(1)

Developments approved by the local government between the sea and the first public road paralleling the sea or within three hundred feet (300′) of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

(2)

Developments approved by the local government not included within paragraph (1) of this section located on tidelands, submerged lands, public trust lands, within one hundred feet (100′) of any wetland, estuary, stream or within three hundred feet (300′) of the top of the seaward face of any coastal bluff.

(3)

Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinances as defined in coastal combining district.

(4)

Any development which constitutes a major public works project or a major energy facility. The phrase "major public works project or a major energy facility" shall mean any proposed public works project or energy facility as defined by the coastal act, exceeding one hundred thousand dollars ($100,000.00) in estimated cost of construction.

(c)

Coastal commission appeals.

Action by the board of supervisors on a coastal permit may be appealed for the following reasons (1-4) to the coastal commission in accordance with coastal commission regulations on or before the tenth working day following receipt by the California Coastal Commission of the notice of final action.

(1)

Developments approved by the local government between the sea and the first public road paralleling the sea or within three hundred feet (300′) of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

(2)

Developments approved by the local government not included within paragraph (1) of this section located on tidelands, submerged lands, public trust lands, within one hundred feet (100′) of any wetland, estuary, stream or within three hundred feet (300′) of the top of the seaward face of any coastal bluff.

(3)

Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinances as defined in coastal combining district.

(4)

Any development which constitutes a major public works project or a major energy facility. The phrase "major public works project or a major energy facility" shall mean any proposed public works project or energy facility as defined by the coastal act, exceeding one hundred thousand dollars ($100,000.00) in estimated cost of construction.

(d)

An appeal pursuant to Section 26C-347(b) may only be filed by the applicant for the coastal permit in question, an aggrieved person, or any two members of the coastal commission. An appeal pursuant to Section 26C-347(c) may only be filed by the applicant for the coastal permit in question, an aggrieved person who has exhausted local appeals, or any two (2) members of the coastal commission.

Where a project is appealed by any two (2) members of the coastal commission, notice of commissioner appeals shall be transmitted to the director of the permit and resource management department and the appeal to the commission shall be suspended pending a decision on the merits by the board of supervisors. If the decision of the board of supervisors modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision.

(e)

An appeal pursuant to Section 26C-347(c) shall be filed with the coastal commission.

(Ord. No. 5537 § 4(k), 2004; Ord. No. 5318 § 1, 2001.)