§ 35-181

1.

Held at noticed time and place. A public hearing shall be held at the date, time, and place for which notice was given.

2.

Hearing may be continued.

a.

Any public hearing may be continued from time to time without further notice; provided, the chairperson of the decision-maker announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

b.

If a public hearing on a project is continued by the local government to a time which is neither (1) previously stated in the notice nor (b) announced at a hearing as being continued to a date, time, and place to which

the hearing will be continued, notice of the further hearing(s) shall be given in compliance with Section 35181.2 (Notice of Public Hearing and Decision-Maker Action), above.

3.

Deferral of final decision. The decision-maker may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

Section 35-182. - Appeals.

(Amended by Ord. 4595,03/05/2008)

Section 35-182.1 Purpose and Intent.

The purpose of this section is to provide procedures for the acceptance and processing of appeals to the Board of Supervisors, Planning Commission and Zoning Administrator and to establish the criteria for those developments that may be appealed to the California Coastal Commission.

Section 35-182.2 General Appeal Procedures.

The decisions or determinations of the Board of Architectural Review, Director, Planning Commission, or Zoning Administrator may be appealed consistent with the following procedures. (In addition, final action on Coastal Development Permits may be appealed to the Coastal Commission, where applicable, in compliance with Section 35-182.6.)

A.

Who May Appeal. An appeal may only be filed by an applicant or any aggrieved person. An aggrieved person is defined as any person who in person, or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing or decision, informed the decision-maker of the nature of his concerns or who for good cause was unable to do either.

B.

Timing and Form of Appeal.

1.

Appeals of decisions of the Board of Architectural Review, Director, Planning Commission or Zoning Administrator.

(Amended by Ord. 4946, 12/08/2016)

a.

Filing of the appeal. An appeal, which shall be in writing and accompanying fee, of a decision or determination of the Board of Architectural Review, Director, Planning Commission or Zoning Administrator shall be filed with the Department within the 10 calendar days following the date of the decision or determination that is the subject of the appeal, except as follows:

Within 30 calendar days following the date of decision by the Director that an oil or gas lease has been abandoned in compliance with Section 35-170.11 (Processing of demolition and Reclamation Permit).

2)

Except as otherwise provided in this Article.

b.

The appellant shall use the form provided by the Department in addition to any other supporting materials the appellant may wish to furnish in compliance with Section 35-182.2.C, explaining the reasons for the appeal. An appeal shall be filed with the Director, who shall process the appeal in compliance with this section, including scheduling the matter before the appropriate decision-maker.

2.

Computation of time for appeal. The time within which the appeal shall be filed shall commence on the next calendar day following the day on which the decision was made or the determination was made. In the event the last day for filing an appeal falls on a non-business day of the County, the appeal may be timely filed on the next business day.

C.

Requirements for Contents of an Appeal.

1.

General requirements. The appellant shall specifically provide in the appeal all of the following:

a.

The identity of the appellant and her or his interest in the decision;

b.

The identity of the decision or determination appealed which may include the conditions of that decision or determination;

c.

A clear, complete, and concise statement of the reasons why the decision or determination is inconsistent with the provisions and purposes of the Coastal Land Use Plan, this Article, or other applicable law;

d.

If it is claimed that there was error or abuse of discretion on the part of the decision-maker, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the evidence presented for consideration leading to the making of the decision or determination that is being appealed, or that there is significant new evidence relevant to the decision

which could not have been presented at the time the decision was made, then these grounds shall be specifically stated.

(Amended by Ord. 4946, 12/08/2016)

2.

Additional requirements for certain appeals. The following information is required to be submitted for the appeals listed below in addition to the information required to be submitted by Section 35-182.2.C.

a.

Appeals regarding a previously approved discretionary permit. If the approval of a Land Use Permit required by a previously approved discretionary permit is appealed, the appellant shall identify:

1)

How the Land Use Permit is inconsistent with the previously approved discretionary permit, or

2)

How the discretionary permit's conditions of approval that are required to be completed prior to the approval of a Land Use Permit have not been completed, or

3)

How the approval is inconsistent with Section 35-181 (Noticing).

b.

Appeals of final decision of the Board of Architectural Review. A decision of the Board of Architectural Review to grant final approval may not be appealed to the Planning Commission unless the appellant can demonstrate that the project for which final approval was granted does not substantially conform to the project that was granted preliminary approval. If the Director determines that the appeal does not raise a substantial issue that the project for which final approval was granted does not substantially conform to the project that was granted preliminary approval, then the Director shall make that determination in writing, and the appeal shall not be processed. This decision of the Director is final and not subject to appeal.

c.

Appeals regarding accessory dwelling units and junior accessory dwelling units. The grounds for appeal of an approved or conditionally approved Coastal Development Permit are limited to the demonstration that the project is inconsistent with the applicable provisions and policies of the certified Local Coastal Program or that the development does not conform to the public access policies set forth in the Coastal Act (Public Resources Code, Division 20).

D.

Acceptance of Appeal. An appeal may be rejected by the Director under the following circumstances:

The appeal was not submitted by an applicant or an aggrieved party in compliance with Section 35182.2.A; or

2.

The appeal was not timely submitted in compliance with Section 35-182.2.B; or

3.

The appeal does not comply with the applicable requirements of Section 35-182.2.C.

The decision of the Director is final and not subject to appeal.

E.

Appeal Fees. The appellant shall pay the required filing fee, as established from time to time by resolution of the Board of Supervisors, at the time of the filing of the appeal.

F.

Effect of Filing of Appeal. The filing of the appeal shall have the effect of staying the issuance of any permit or approval provided for by the terms of this Article until such time as final action has occurred on the appeal.

G.

Notice of Public Hearing Required. Notice of the time and place of the hearing shall be given in compliance with Section 35-181 (Noticing). Notice shall be mailed to the appellant and the applicant, if different than the appellant.

H.

Special Processing Requirements. The following requirements apply to applications for Coastal Development Permits or Land Use Permits or Zoning Clearances that also require review by the Board of Architectural Review::

(Amended by Ord. 4888, 10/10/2014)

1.

If a preliminary approval by the Board of Architectural Review is appealed, then the hearing on the appeal shall be held after the approval of the Coastal Development Permit or Land Use Permit, but prior to the issuance of the Coastal Development Permit or Land Use Permit or Zoning Clearance for such project.

2.

If a preliminary approval by the Board of Architectural Review is appealed, and the approval of the Coastal Development Permit or Land Use Permit is appealed, then the appeal of the preliminary approval by the

Board of Architectural Review shall be processed concurrently with the appeal of the Coastal Development Permit or Land Use Permit.

3.

If a decision of the Board of Architectural Review to deny preliminary or final approval is appealed, then a hearing shall be held on the appeal of the decision of the Board of Architectural Review prior to:

a.

A decision to approve or conditionally approve a Coastal Development Permit, or

b.

A decision to issue Zoning Clearance.

(Ord. No. 5194, § 36, 11-7-2023)

Section 35-182.3 Appeals to the Zoning Administrator.

A.

Decisions appealed to the Zoning Administrator. The following decisions of the Director may be appealed to the Zoning Administrator:

1.

Any decision by the Director to approve, approve with conditions, or deny an application for a Coastal Development Permit or Land Use Permit for temporary use in compliance with Section 35-137 (Temporary Uses) may be appealed to the Zoning Administrator.

B.

Action on Appeal. The Zoning Administrator shall affirm, reverse, or modify the decision of the Director. The action of the Zoning Administrator is final and not subject to appeal.

Section 35-182.4 Appeals to the Planning Commission.

A.

Decisions appealed to the Planning Commission. The following decisions may be appealed to the Planning Commission provided the appeal complies with the requirements of Section 35-182.2.C. and D.

1.

Board of Architectural Review decisions. The following decisions of the Board of Architectural Review may be appealed to the Planning Commission:

a.

Any decision of the Board of Architectural Review to grant or deny preliminary approval.

b.

Any decision of the Board of Architectural Review to grant or deny final approval in compliance with Section 35-182.2.C.2.b.

2.

Director decisions. The following decisions of the Director may be appealed to the Planning Commission: (Amended by Ord. 4888, 10/10/2014)

a.

Any determination on the meaning or applicability of the provisions of this Article.

b.

Any determination that a discretionary permit application or information submitted with the application is incomplete as provided by Government Code Section 65943.

c.

Any decision of the Director to revoke an approved or issued Coastal Development Permit, Land Use Permit, or Zoning Clearance.

d.

Any decision of the Director to approve, conditionally approve, or deny an application for a Coastal Development Permit except for Coastal Development Permits approved in compliance with Section 35-137 (Temporary Uses).

e.

Any decision of the Director to approve, conditionally approve, or deny an application for a Land Use Permit.

f.

Any decision of the Director to approve, conditionally approve, or deny an application for a Development Plan.

g.

Any decision of the Director to approve, conditionally approve, or deny any other discretionary application where the Director is the designated decision-maker.

h.

Any decision of the Director as to whether or not an unauthorized mobilehome park closure is underway.

(Added by Ord. 4829, 04/10/2014)

i.

Any other action, decision or determination made by the Director as authorized by this Article where the Director is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

3.

Zoning Administrator decisions. The following decisions of the Zoning Administrator may be appealed to the Planning Commission, except that when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan, the decision of the Zoning Administrator may be appealed to the Board of Supervisors.

a.

Any decision of the Zoning Administrator to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Modification, Variance, or other discretionary application where the Zoning Administrator is the designated decision-maker.

b.

Any other action, decision or determination made by the Zoning Administrator as authorized by this Article where the Zoning Administrator is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

B.

Report to the Planning Commission. The Department shall transmit to the Planning Commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision by the Board of Architectural Review, Director or Zoning Administrator before the hearing on an appeal.

C.

Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D.

Action on Appeal. The Planning Commission shall affirm, reverse, or modify the decision of the Board of Architectural Review, Director, or Zoning Administrator.

Section 35-182.5 Appeals to the Board of Supervisors.

A.

Decisions appealed to the Board. The following decisions of the Planning Commission may be appealed to the Board of Supervisors provided the appeal complies with the requirements of Section 35-182.2.C. and D.

1.

Any final action on decisions that are appealed to the Planning Commission in compliance with Section 35.182.4. (Appeals to the Planning Commission).

2.

Any final action on decisions of the Planning Commission to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Tentative Map, Variance, or other discretionary application where the Planning Commission is the designated decision-maker.

3.

Any other action, decision or determination made by the Planning Commission as authorized by this Article where the Planning Commission is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

4.

Any decision of the Zoning Administrator to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Modification, Variance, or other discretionary application where the Zoning Administrator is the designated decision-maker when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan.

5.

Any other action, decision or determination made by the Zoning Administrator as authorized by this Article where the Zoning Administrator is the decision-maker when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan except when specifically provided that such action, decision or determination is final and not subject to appeal.

B.

Report to the Board of Supervisors. The Department shall transmit to the Board of Supervisors copies of the permit application including all maps and data and a statement setting forth the reasons for the decision by the Planning Commission before the hearing on an appeal.

C.

Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D.

Action on Appeal. The Board of Supervisors shall affirm, reverse, or modify the decision of the Planning Commission.

Section 35-182.6 Appeals to the Coastal Commission.

1.

For developments which are subject to the appeals jurisdiction of the Coastal Commission under Public Resources Code Section 30603, a final action on a Coastal Development Permit application may be appealed to the California Coastal Commission within 10 working days from the date of receipt by the Commission of the County's Notice of Final Action.

2.

Any appealable action on a Coastal Development Permit application may be appealed to the Coastal Commission by an applicant, an aggrieved person, or any two members of the Coastal Commission. Appeals must be made in writing and be received by the appropriate Coastal Commission district office by the deadline listed in the prior section. No appeal may be filed with the Coastal Commission until local appeals have been exhausted on the project permit, except that exhaustion of all local appeals shall not be required where a project is appealed by any two Commissioners or if any of the following occur:

a.

The local government or jurisdiction require an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the Local Coastal Program.

b.

An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision. For purposes of this section, a local ordinance requiring a prospective appellant to have made his/her views known in connection with the original decision prior to taking a local appeal, or otherwise to have exhausted local remedies at the local level prior to taking a local appeal, does not count as a "a local ordinance which restricts the class of persons who may appeal a local decision."

c.

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 Article.

d.

The local government jurisdiction charges an appeal fee for the filing or processing of appeals.

3.

In accordance with Public Resources Code Section 30603(a), an action taken by the County of Santa Barbara on a Coastal Development Permit application for any of the following may be appealed to the Coastal Commission.

a.

Developments approved by the County between the sea and the first public road paralleling the sea.

b.

Developments approved by the County within 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.

c.

Developments approved by the County not included within paragraphs a. or b. of this section that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.

d.

Any development approved by the County that is not designated as the principal permitted use under the zoning ordinance or zoning district map. This includes, but is not limited to, developments approved by the County that require a Conditional Use Permit.

e.

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," as used in this Article shall mean any proposed facility that meets the definition in California Code of Regulations, Title 14, Section 13012(b).

4.

Grounds of Appeal.

a.

The grounds of appeal to the Coastal Commission for any development appealable under 3. of this Section shall be limited to an allegation that the development does not conform to the standards set forth in the certified Local Coastal Program or the public access policies set forth in the Coastal Act, which is codified in Public Resources Code, Division 20, except that a denial of a permit for development included in Subsection 3.e above, shall be limited to an allegation that the development conforms to the standards set forth in the certified Local Coastal Program and the public access policies set forth in the Coastal Act and codified in Public Resources Code, Division 20.