8181-9 - Appeals.

Any order, requirement, permit, determination or decision made in the administration or enforcement of this Chapter may be appealed in the manner described herein.

All appeals shall be filed with the planning division on the appropriate application forms and addressed to the decision-making authority hearing the appeal. the appropriate decision-making authorities, unless otherwise stipulated herein, are as follows:

a.

Appeals of decisions by the Planning Director shall be heard by the Planning Commission.

b.

Appeals of Planning Commission decisions shall be heard by the Board of Supervisors.

c.

An appeal relating solely to requests for waivers or modifications of policies of the Board of Supervisors need only be heard by the Board.

d.

Appeals of Board of Supervisor's decisions on developments subject to appeal shall be heard by the Coastal Commission.

(Ord. No. 4451, § 9, 12-11-2012)

The appeal period for appeals to County decision-making authorities shall end ten (10) calendar days after the decision being appealed is rendered pursuant to Section 8181-7.3, or on the following workday if the tenth day falls on a weekend or holiday.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 9, adopted December 11, 2012, amended § 8181-9.2 to read as set out herein. Previously § 8181-9.2 was titled appeal period.

Upon receipt of a completed appeal application form, the Planning Division shall establish a date, time, and place for the hearing. Notice shall be given in the same manner as required for the original request, and shall also be given to the appellant, the applicant, and the Coastal Commission.

a.

The Planning Director shall deliver all pertinent information relating to the matter on appeal to the authority hearing the appeal prior to the time of the hearing, unless otherwise directed by that authority.

b.

A matter on appeal may be referred back to the preceding decision-making authority for further report, information or study.

c.

Whenever a matter on appeal has been referred back to the preceding decision-making authority, said authority shall respond within 30 calendar days following the date of such referral, unless otherwise specified by the decision-making authority making the referral.

d.

Hearings on multiple appeals may be consolidated.

The decision-making authority shall either approve, deny, or approve with modifications the appeal request.

(a)

For developments that are subject to the appeals jurisdiction of the Coastal Commission under Section 30603 of the Public Resources Code, appeal of an action on a Permit may be filed with the Coastal Commission. Prior to filing an appeal with the Coastal Commission, all local appeals on the County's action must have been exhausted, unless the exhaustion of local appeals is not required according to Section 13573 of Title 14 of the California Code of Regulations. Accessory dwelling unit applications subject to the appeals jurisdiction of the Coastal Commission shall be appealed directly to the Coastal Commission.

(b)

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

(1)

Developments approved by the County 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)

Developments approved by the County not included within subsection (b)(1) 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)

Any development approved by the County that is not designated as the principally-permitted use under this Article.

(4)

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

(c)

The grounds of appeal for any development that is subject to appeal under subsection (b)(1) shall be limited to one (1) or more of the following:

(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 any road or from a recreation 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.

(6)

The development is not in conformity with the LCP.

(d)

The grounds of appeal for any development that is subject to appeal pursuant to subsections (b)(2), (3), and (4) shall be limited to whether the development is in conformity with the LCP.

(e)

The appeal period for decisions is based on the Coastal Commission's review of the Notice of Final Decision sent by the County pursuant to Section 8181-7.3.

(1)

Deficient Notice. If the Coastal Commission determines the notice to be deficient, the Commission shall notify the County within five (5) calendar days of receipt of said notice, and shall explain the reasons for the deficiency.

(2)

Sufficient Notice. Once the Coastal Commission determines the notice to be sufficient, it shall, within five (5) calendar days, notify the County of the appeal period expiration date, which is ten (10) working days from the date of receipt by the Coastal Commission of a sufficient Notice of Final Decision.

(Am. Ord. 4283—6/3/03; Am. Ord. 4378—1/29/08; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4520, § 5, 2-272018)