§ 23.01.043. Appeals to the Coastal Commission.

Decisions by the Planning Department, Planning Commission or Board of Supervisors on developments within the Coastal Zone may be appealed to the California Coastal Commission as set forth in this section.

a.

Status of appellant.

(1)

Who may appeal. An appeal may be filed by an applicant, any aggrieved person, or two members of the Coastal Commission pursuant to California Public Resources Code (PRC) Section 30625.

(2)

Aggrieved person defined: As set forth in Public Resources Code Section 30801, an aggrieved person is: anyone who, either in person or through a representative who was explicitly identified as such, appeared at a public hearing before the Planning Director, Planning Commission or Board of Supervisors in connection with the decision or appeal of any development, or who by other appropriate means prior to a hearing, informed the county of the nature of his or her concerns, unless for good cause was unable to do either. Aggrieved person also includes the applicant for a permit.

b.

Exhaustion of local appeals required. For an action on coastal development permit applications that may be appealed to the Coastal Commission as set forth in subsection c of this section, an applicant or aggrieved party may appeal a county action on a coastal development application to the Coastal Commission only after all possible local appeals pursuant to Section 23.01.042 have been exhausted. This limitation shall not apply to any circumstance identified in Section 13573 of Title 14 of the California Code of Regulations, including:

(1)

A situation where an appellant was denied the right of appeal pursuant to Section 23.01.042 because county notice and hearing procedures for the action on the development did not comply with the provisions of Title 14, Division 5.5, Chapter 8, Subchapter 2 of the California Code pf Regulations; or

(2)

An appeal of a county decision by two members of the Coastal Commission pursuant to Public Resources Code Section 30625. Provided, however, that notice of Commissioners appeals shall be transmitted to the Board of Supervisors pursuant to Title 14 of the California Code of Regulations Section 13573(b) and the appeal to the Commission may be suspended pending a decision on the merits of the appeal by the Board of Supervisors. If the 23.01.043 decision of the Board modifies or reverses the previous decision, the Commissioners shall be required to file a new appeal from that decision.

(3)

Where the County charges a fee for the filing or processing of appeals of actions on coastal development projects.

c.

Appealable development. As set forth in Public Resources Code Section 30603(a), and this title, an action by the County on a permit application, including any Variance, Exception or Adjustment granted, for any of the following projects may be appealed to the California Coastal Commission:

(1)

Developments approved between the sea and the first public road paralleling the sea, or 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.

(2)

Approved developments not included in subsection c(1) of this section that are proposed to be located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff.

(3)

Developments approved in areas not included in subsections c(1) or c(2) that are located in a Sensitive Coastal Resource Area, which includes:

(i)

Special marine and land habitat areas, wetlands, lagoons, and estuaries mapped and designated as Environmentally Sensitive Habitats (ESHA) in the Local Coastal Plan. Does not include resource areas determined by the County to be Unmapped ESHA.

(ii)

Areas possessing significant recreational value, including any "V" (Visitor Serving designation) as shown in the Land Use Element and areas in or within 100 feet of any park or recreation area.

(iii)

Highly scenic areas which are identified as Sensitive Resource Areas by the Land Use Element.

(iv)

Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer.

(v)

Special Communities or Small-Scale Neighborhoods which are significant visitor destination areas as defined by Chapter 23.11 of this title.

(vi)

Areas that provide existing coastal housing or recreational opportunities for low-and moderate income persons.

(vii)

Areas where divisions of land could substantially impair or restrict coastal access.

The procedures established by Section 23.01.041c (Rules of Interpretation) shall be used to resolve any questions regarding the location of any land use category or combining designation boundary, or the location of a proposed public facility, road alignment or other symbol or line on the official maps, including for the purpose of determining the appealability of a development within a sensitive Resource Area.

(4)

Any approved development not listed in Coastal Table O, Part I of the Land Use Element as a Principal Permitted (P) Use.

(5)

Any development that constitutes a Major Public Works Project or Major Energy Facility. "Major Public Works Project" or "Major Energy Facility" shall mean any proposed public works project or energy facility exceeding $100,000 in estimated construction cost, pursuant to Section 13012, Title 14 of the California Administrative Code.

[Amended 2004, Ord. 3048]

d.

Grounds for appeal. As required by Section 30603 of the Public Resources Code, the grounds for appeal pursuant to 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 California Coastal Act (Section 30210 et seq. of the Public Resources Code).

The grounds for appeal of a denial of a permit pursuant to section c(5) (Major Public Works or Major Energy Facility) 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 California Coastal Act (Section 30210 et seq. of the Public Resources Code).

e.

Time for appeal to Coastal Commission. Any final action by the county on an appealable development shall become effective after the 10-working day appeal period to the Commission in accordance with the requirements of Section 23.02.039 and applicable provisions of the Coastal Act.

f.

Notice to county of appeal to Coastal Commission. An appellant shall notify the county when appealing to the Coastal Commission by providing the county a copy of the information required in Section 13111 of Title 14 of the California Code of Regulations.

[Amended 2004, Ord. 2999; Amended 2004, Ord. 3001, Amendment 2006, Ord. 3082]