Chapter 17.072 — COASTAL APPEAL (CA) OVERLAY ZONE

The coastal appeal (CA) overlay zone is intended to specify the area subject to coastal appeal and the grounds for appeal of an action taken by the city on a coastal development application. The procedures for appeals of coastal development permit applications are described in Chapter 17.124. The coastal appeal overlay zone is to be used in conjunction with other overlay zones and pertinent sections of this Title.

A. The coastal appeal zone shall include the land between the sea and the first public road paralleling the sea or within three hundred 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 (PRC Sec. 30603 (A.1) or within one hundred feet of any stream, wetland, estuary or on any tidelands or public trust lands.

B. After certification of the local coastal program, an action taken by the city of Pismo Beach on a coastal development permit application may be appealed to the coastal commission for only the following types of development:

1. Developments approved by the city of Pismo Beach between the sea and the first public road paralleling the sea or within three hundred 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. Developments approved by the city of Pismo Beach not included within paragraph (1) above located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of the seaward face of any coastal bluff;

3. Developments approved by the city of Pismo Beach not included within paragraphs (1) and (2) above that are located in an environmentally sensitive habitat area;

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

• C. The grounds for appeal pursuant to paragraph (B)(1) above shall be limited to one or more of the following allegations:

1. The development fails to provide adequate physical access for public or private commercial use or interferes with such uses;

2. The development fails to protect public views from designated scenic highways or from a recreational area to, and along, the coast;

3. The development is not compatible with the established physical scale of the area;

4. The development may significantly alter existing natural landforms;

5. The development does not comply with shoreline erosion and geologic setback requirements.

• D. The grounds for an appeal pursuant to paragraph (B)(2), (B)(3) or (B)(4) of this section shall be limited to an allegation that the development does not conform to the city's certified local coastal program.

E. Any action described in subsection (B) above shall become final after the tenth working day, unless an appeal is filed within that time.