SEC. 330.9. APPEAL PROCEDURES.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 111-24 , approved 6/13/2024, effective

7/14/2024, oper. conditional). The text of the section will be included below when the enacting legislation is operative. (a) All Coastal Zone Permit Applications may be appealed to the Board of Appeals as described in Section 308.2 of this Code. Local appeal of a Coastal Zone Permit is not subject to the aggrieved party provisions in Section 330.2(a) of this Code, but must comply with the appeal review procedures of Section 330.5.1(b) and Section 330.5.2 of this Code.

(b) Appeal to the California Coastal Commission is available only for approved projects in the appealable area of the Coastal Zone, as designated in Sectional Maps CZ4, CZ5 and CZ13 of the Zoning Map; under California Public Resources Code Section 30603(a)(4), for approved projects that involve a use that is not the principal permitted use

designated in Planning Code Section 330.9(c); and under California Public Resources Code Section 30603(a)(5), for approved or disapproved projects that involve a major public works project or a major energy facility, all as further described in Section 330.10.

(c) Principal Permitted Use Under the Local Coastal Program. Notwithstanding any other provisions of this Code or the City and County’s Local Coastal Program Implementation Plan that identify principal permitted, conditional, and other types of uses, the principal permitted use for the purposes of California Public Resources Code Section 30603(a)(4) shall be as described in this subsection (c). The designation of the principal permitted use for the purpose of the Local Coastal Program does not alter the uses permitted on any site under the Planning Code or applicable requirements under the Planning Code.

(A)1 Residential Districts: Residential Uses.

(B)1 Parkmerced Residential District: Residential Uses.

(C)1 Neighborhood Commercial Districts: Commercial Uses.

(D)1 Public Districts: Public Uses, where that shall be understood to mean a Public Facility, Open Recreation Area, or Passive Outdoor Recreation.

(E)1 Wawona Street and 45th Avenue Cultural Center Special Use District: Commercial Uses, as defined in Section 249.96(e).

(d) A Coastal Zone Permit decision which may be appealed to the California Coastal Commission can be appealed by filing with the California Coastal Commission within 10 working days after the California Coastal Commission receives notice of final action from the Planning Department. Appeals to the California Coastal Commission are subject to the aggrieved party provisions in Section 330.2(a).

(e) An applicant is required to exhaust local appeals before appealing to the California Coastal Commission.

(f) Major public works and energy facilities within the Coastal Zone may be appealed to the California Coastal Commission whether approved or not by the local government.

(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 111-24, File No. 240228, App. 6/13/2024, Eff. 7/14/2024, Oper. 7/11/2024)

AMENDMENT HISTORY

Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Divisions (b), (c) amended; divisions (c)- (e) redesignated as (d)(f); new divisions (c)-(c)(E) added; Ord. 111-24, Eff. 7/14/2024.

CODIFICATION NOTE

1. So in Ord. 111-24.