Mendocino County Municipal Code Ch. 20.728 Appeals

The purpose of this Chapter is to prescribe the procedure by which an appeal may be taken from a decision of the Planning and Building Services Department, Mendocino Historical Review Board, Coastal Permit Administrator, Planning Commission, or Board of Supervisors made pursuant to the administration or enforcement of this Division.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Request for a hearing before the Planning Commission may be made by an aggrieved person from any decision, determination, or requirement of the Planning and Building Services Department by filing a notice thereof in writing with the Planning and Building Services Department within ten (10) calendar days after such decision, determination or requirement is made. Such appeal shall be accompanied by a fee payment.

(B) The Planning and Building Services Department shall prepare a written report that includes its findings which shall be forwarded to the Planning Commission for action. The action of the Planning Commission is final unless appealed to the Board of Supervisors pursuant to Section 20.728.015.

(C) Notice shall be provided pursuant to Section 20.720.040.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Request for hearing before the Board of Supervisors may be made by an aggrieved person from any final decision of the Coastal Permit Administrator, Mendocino Historical Review Board or the Planning Commission by filing a notice thereof in writing with the Clerk of the Board within ten (10) calendar days after such decision, determination or requirement is made. Such appeal shall be accompanied by a fee payment. Appeals from any decision of the Mendocino Historical Review Board also shall be accompanied by a statement supporting the grounds for the appeal as provided by Section 20.760.072.

(B) The Board of Supervisors shall hold a public hearing on the appeal, noticed in the same manner and to the same extent as initially noticed for the Coastal Permit Administrator and/or Mendocino Historical Review Board and/or Planning Commission meeting. The Board of Supervisors, after considering the notice and Planning and Building Services Department report may remand, affirm, reverse or modify any such decision, determination or requirement as it finds in compliance with this Division and the Coastal Element of the General Plan. The Board of Supervisors shall adopt findings which specify the facts relied upon in deciding the appeal, and the findings shall state the reasons for any conditions imposed. The decision of the Board of Supervisors is final unless the decision is appealable to the Coastal Commission.

(C) No permit or variance shall be issued for any use or structure related to the action of the Coastal Permit Administrator, Mendocino Historical Review Board, Planning Commission or Board of Supervisors until the applicable appeal period has expired and no appeals have been filed with the appropriate appellate body.

(D) Notice of the decision of the Board of Supervisors, together with a copy of the findings adopted shall be mailed within ten (10) calendar days following the date of the decision on appeal. Notice shall be provided by first class mail to the applicant and/or appellant, any person who specifically requested, in writing, notice of such decision, and the Coastal Commission. The notice shall include the written findings, any conditions of approval, and procedures for appeal where applicable.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.728.015 to read as set out herein. Previously § 20.728.015 was titled "Coastal Permit Administrator, Mendocino Historical Review Board and Planning Commission Appeal."

(A) An appeal of an action to approve an application for a coastal development permit may be filed with the Coastal Commission by an applicant or any aggrieved person who has exhausted local appeals as specified in Title 14, California Code of Regulations, Section 13573 and Section 20.728.020 (D), or any two (2) members of the Coastal Commission. The appeal must comply with the requirements of Title 14, California Code of Regulations, Section 13111, and the appeal must be received by the Coastal Commission on or before the 10th working day after Coastal Commission receipt of the notice of final permit action on the coastal development permit from the County.

(B) An action taken on a coastal development permit may be appealed to the Coastal Commission, pursuant to Public Resources Code Section 30603(a), for only the following types of developments:

(1) Developments approved between the sea and the first public road paralleling the sea, or within three hundred (300) feet 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) Approved development that is located on tidelands, submerged lands, public trust lands, within one hundred (100) feet of any wetland, estuary, stream, or within three hundred (300) feet of the top of the seaward face of any coastal bluff;

(3) Approved development that is not designated as the principal permitted use under the Coastal Commission-certified Town zoning ordinance or zoning district map;

(4) Any development which constitutes a major public works project or a major energy facility.

(C) The grounds for an appeal pursuant to Section 20.728.020(B) shall be limited, pursuant to Public Resources Code Section 30603(b), to (1) an allegation that the approved development does not conform to the standards set forth in the certified Town of Mendocino local coastal program or the public access policies of Chapter 3 of the Coastal Act (Public Resources Code Section 30210—30214), or (2) an allegation that any denied application for a major public works project or major energy facility development conforms to the standards set forth in the certified Town of Mendocino local coastal program and the public access policies of Chapter 3 of the Coastal Act (Public Resources Code Section 30210—30214).

(D) An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal under the Commission's regulations and be an aggrieved person where the appellant has pursued his or her appeal to the local appellate body as required by the County appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:

(1) The County required an appellant to appeal to more local appellate bodies for permits in the coastal zone than were required in the implementation section of the Local Coastal Program;

(2) An appellant was denied the right of the initial local appeal by a local ordinance which restricts who may appeal a local decision;

(3) An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this Division;

(4) The County charges an appeal fee for the filing or processing of appeal.

(E) Where a project is appealed by any two (2) members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. Provided, that (1) notice of an appeal by any two (2) members of the Coastal Commission shall be promptly transmitted to the approving authority that rendered the final decision at the County and (2) such appeal to the Coastal Commission shall be suspended pending a decision on the merits by that local appellate body. If a decision of the local appellate body modifies or reverses the previous local final decision regarding the application for the coastal development permit that two (2) Coastal Commissioners appealed, the County shall issue a new notice of final local action, receipt of which by the Coastal Commission initiates a new ten (10) working day appeal period pursuant to Public Resources Code Section 30603(c).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.728.020 to read as set out herein. Previously § 20.728.020 was titled "Coastal Commission Appeals."