§ 8181-9.5. Appeals to the Coastal Commission.

(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, 2-27-2018)