§ 8181-6.1. Determination of applicable procedures.

At the time the application for development within the coastal zone is submitted, the Planning Director shall determine whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission for purposes of notice, hearing and appeals procedures. The Planning Director shall inform the applicant of the notice and hearing requirements for that particular development. The Planning Director's determination shall be made with reference to the certified LCP, including any maps, categorical exclusions, land use designations and zoning ordinances that are adopted as part of the LCP.

If the determination is challenged by the applicant or other interested party, or by a local government, or if the County wishes to have a Coastal Commission determination as to the appropriate designation, the County shall notify the Coastal Commission by telephone of the dispute or question, and shall request an Executive Director's opinion. The Executive Director shall, within two (2) working days of the County's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission.

If the Executive Director's determination is not in agreement with the County's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the development.

(Ord. No. 4451, § 7, 12-11-2012)