Del Norte County Municipal Code § 21.51 California Coastal Zone Entitlement Procedures--Local Appeals

1. Finality of County Action. A county decision on an application for a development shall be deemed final when (1) the county decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and (2) when all local rights of appeal have been exhausted as set forth herein.

2. Notice of Final County Action.

   1. Notice After Final County Decision. (This section shall not apply to exempt development.) Within seven calendar days of a final county decision on an application for any development, the county shall provide notice of its action by first-class mail to the applicant, the California Coastal

Commission, and to any persons who specifically requested notice of such final action who paid a reasonable fee to receive such notice. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the California Coastal Commission.

2. Failure to Act--Notice.

   1. Notification by Applicant. If the county has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the county and the California Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

   2. Notification by the County. When the county determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the county shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to subsection B(1) of this section, that it has taken final action by operation of law pursuant to Government Code Sections 65950 through 65957.1. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the local government notice in the California Coastal Commission office. (This section shall apply equally to a county determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)

3. Effective Date of County Action.

   1. The county's final decision on an application for a project which is not appealable to the California Coastal Commission shall become effective after a ten-working-day appeal period or after the twenty-first calendar day following the final action, whichever comes first, unless an appeal is filed in accordance with Sections 21.51.20 or 21.51.30.

4. The county's final decision on an application for a project which is appealable to the California Coastal Commission shall become effective after a ten-working-day appeal period to the Commission has expired or after the twenty-first calendar day following the final county action, whichever comes first, unless any of the following occur:

   1. An appeal is filed in accordance with Sections 21.51.20 or 21.51.30.

   2. The notice of final county action does not meet requirements.

   3. The notice of final county action is not mailed to the California Coastal Commission office and/or interested parties in time to allow for the ten-working-day appeal period within the twenty-one calendar days after the local decision.

Where any of the circumstances in subsections (a) through (c) above occur, the California Coastal Commission shall, within five calendar days of receiving notice, notify the local government and applicant that the effective date of the local government action has been suspended and that a new appeal period shall be set.

3. Where an appeal is filed pursuant to Section 21.51.20 or 21.51.30 the effective date shall be the date upon which final action is taken regarding the appeal.

(Ord. 83-03 (part), 1983)

1. Any person aggrieved by an action of the building official pursuant to Section 14.06.50(A) of the Del Norte County Code may make an appeal to the planning commission by filing a letter of appeal with the planning commission secretary within ten days of the action of the building official. The commission secretary shall place the appeal upon the agenda of the next regular meeting of the planning commission and shall notify the building official of the appeal at least five days prior to the time the commission will consider the appeal.

2. The planning commission shall consider the appeal and the record upon which the action appealed was taken and may, at its own discretion, cause the matter to be set for a public hearing pursuant to Section 14.06.40(C) of the Del Norte County Code.

3. Within sixty days of the filing of the letter of appeal, the planning commission shall render its decision on the matter. Failure of the commission to render its decision on the matter within sixty days of the filing of the letter of appeal shall be a denial of the appeal and an affirmation of the action of the building official review. The decision of the planning commission upon an appeal, whether approval or denial, is final and conclusive as to all things involved in the matter.

(Ord. 83-03 (part), 1983)

1. Filing of Notice. Any person aggrieved by an action of the planning commission may take an appeal to the board of supervisors by filing a notice of appeal with the clerk of the board of supervisors and within ten days of the action of the planning commission. An appeal of an action of the commission must express all basis for appeal with sufficient information and documents supporting all grounds of appeal reasonable thereto. No additional grounds, information, or documents reasonably known or available at the time an appeal is filed will be accepted or considered by the board of supervisors after the expiration of ten days from the challenged action. The appeals process of this section is the exclusive, full and complete remedy available to a person aggrieved by an action of the planning commission. Failure to follow this appellate procedure will foreclose any aggrieved person the opportunity to file a legal challenge to the commission action complained of. Upon receipt of the planning commission records, the board of supervisors shall notify the planning commission, at least five days previous, of the time the board will consider the appeal.

2. Consideration by Board of Supervisors. The board of supervisors shall consider the appeal and the record upon which the action appealed from was taken, and may, at its own discretion, cause the matter to be set for a public hearing.

3. Public Hearing--Notice.

   1. The county shall provide notice of pending appeal which contains the following information:

      1. A statement that the development is within the coastal zone.

      2. The date of filing of the appeal and the name of the appellant.

      3. The number assigned to the application.

      4. A description of the development and its proposed location.

      5. The date(s), time and place(s) at which the application will be considered by the board of supervisors.

      6. A brief description of the general procedure of conduct of the hearing and/or appeal action.

      7. The system for Coastal Commission appeals.

   2. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   3. First-class mail to each appellant, the applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county's coastal zone and the coastal commission; and

   4. First-class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed; and

   5. Notice shall be delivered by the appellant to each dwelling unit within one hundred feet of the project. The appellant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery. Where more than one appeal is filed the first to be submitted which is accepted for hearing shall be the party responsible for delivery of notices and submittal of the affidavit; and

   6. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

4. Within sixty days of the filing of the notice of appeal, the board of supervisors shall render its decision in the matter. Failure of the board of supervisors to render its decision on the matter within sixty days of the filing of the notice of appeal shall be a denial of the appeal and an affirmation of the action of the planning commission. The decision of the board of supervisors upon an appeal is final and conclusive as to all things involved in the matter.

(Ord. 86-04 (part), 1986; (Ord. 83-03 (part), 1983)

Appeal requests shall be accompanied by a filing fee as prescribed in the current fee schedule resolution of the board of supervisors.

(Ord. 83-03 (part))

For the purposes of this title, an "aggrieved person" means any person who, in person or through a representative, appeared at a public hearing or review of the building official, planning or harbor commission, or board of supervisors in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the building official, commission, or board of the nature of his or her concerns, or who for good cause was unable to do either. "Aggrieved person" includes the applicant for a permit.

(Ord. 83-03 (part))