Chapter 17.54
APPEALS1
Sections:
17.54.010 Conclusive Decision – Appeal Period.
17.54.020 Projects Appealable to the Coastal Commission.
17.54.030 Grounds for Appeal on a Coastal Development Permit.
17.54.050 Exhaustion of Local Administrative Remedies.
17.54.060 Effect of Appeal to the Coastal Commission.
17.54.070 Coastal Commission Notification of Final Action.
17.54.100 Effect of Failure to Perfect Appeal.
17.54.010 Conclusive Decision – Appeal Period.
A. The findings and actions of the City Forester shall be final and conclusive from and after the date of final action unless an appeal is filed with the Forest and Beach Commission pursuant to CMC 17.54.040(A), Appeals to the Forest and Beach Commission or the Planning Commission, or the Coastal Commission pursuant to CMC 17.54.040(D) and 17.54.050.
B. The findings and actions of the Historic Resources Board shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council or the Coastal Commission pursuant to CMC 17.54.040(C) or 17.54.040(D), 17.54.050 and the provisions in this chapter.
C. The findings and actions of the Planning Commission and the Forest and Beach Commission shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council pursuant to CMC 17.54.040(C), Appeals to the City Council, or the Coastal Commission pursuant to CMC 17.54.040(D) and 17.54.050.
D. The findings and actions of the City Council shall be final and conclusive from and after the date of final action unless an appeal is filed with the
California Coastal Commission pursuant to CMC 17.54.040(D), Appeals to the Coastal Commission.
E. The findings and actions of the Planning Director shall be final and conclusive from and after the date of final action unless an appeal is filed with the Planning Commission Secretary pursuant to CMC 17.54.040(A), Appeals to the Forest and Beach Commission or the Planning Commission, or CMC 17.54.040(B), Appeals to the Historic Resources Board, or with the Coastal Commission pursuant to CMC 17.54.040(D) and 17.54.050, or with the City Clerk pursuant to CMC 17.54.040(C), Appeals to City Council. (Ord. 2023-06 § 3, 2023; Ord. 2009-07 Att. A, 2009; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.020 Projects Appealable to the Coastal Commission.
Per Section 30603 of the Coastal Act, only the following types of development may be appealed to the Coastal Commission:
A. Developments approved by the local government 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 tideline of the sea where there is no beach, whichever is the greater distance.
B. Developments approved by the City not included within subsection (A) 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.
C. Developments approved by the City not included in subsection (A) or (B) of this section, that are located in a sensitive coastal resource area.
D. Any development which constitutes a major public works project or a major energy facility. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.030 Grounds for Appeal on a Coastal Development Permit.
The grounds for appeals pursuant to CMC 17.54.020(A) shall be limited to one or more of the following:
A. The grounds for appeal for any development approved described in CMC 17.54.020(A), (B), (C) and (D) shall be limited to an allegation that the development does not conform to the City’s certified Local Coastal Program or the public access policies set forth in the Coastal Act.
B. The grounds for an appeal of a denial of any development described in CMC 17.54.020(D) shall be limited to an allegation that the development conforms to the standards set forth in the City’s certified Local Coastal Program and the public access policies set forth in the Coastal Act. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.040 Filing Appeals.
A. Appeals to the Forest and Beach Commission or the Planning Commission. Decisions made by the City Forester may be appealed to the Forest and Beach Commission by filing a written notice of appeal in writing with the Forest and Beach Commission Secretary. Decisions made by the Planning Director may be appealed to the Planning Commission by filing a written notice of appeal with the Planning Commission Secretary. All valid appeals shall be filed within 10 calendar days of the date of action and shall include any paying the required filing fees as established by City Council resolution.
1. Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.
2. Within 10 working days after receipt of a valid appeal the applicable Commission Secretary shall set a date for public hearing at which the applicable Commission shall consider the appeal. All appeals shall be heard within 60 days of the close of the appeal period.
B. Appeals to the Historic Resources Board. Determinations of ineligibility and decisions on projects made pursuant to the procedures and standards contained in Chapter 17.32 CMC made by the Planning Director may be appealed to the Historic Resources Board by any aggrieved person by filing a written notice of appeal with the Board Secretary. All valid appeals shall be filed within 10 calendar days of the date of action and shall include any required filing fees as established by City Council resolution.
1. Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.
2. Within 10 working days after receipt of a valid appeal the secretary of the Board shall set a date for public hearing at which the Board shall consider the appeal. All appeals shall be heard within 60 days of the close of the appeal period.
C. Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in the office of the City Clerk within 10 working days following the date of action by the decision-making body and paying the required filing fee as established by City Council resolution. Notwithstanding the foregoing, decisions for projects subject to Chapter 17.46 CMC, Telecommunications and Wireless Facilities, made by the Planning Director or by the Planning Commission must be appealed within the time periods specified in CMC 17.46.070(E).
D. Appeals to the Coastal Commission. The approval of an application for a project that is appealable to the Coastal Commission shall become effective at 5:00 p.m. on the tenth working day following receipt by the Central Coast Office of the California Coastal Commission of an adequate notice of final City action by the Executive Director of the California Coastal Commission, unless an appeal to the Coastal Commission is filed during this period. The applicant or any aggrieved person shall first be required to exhaust local administrative remedies and appeals before appealing to the California Coastal Commission pursuant to CMC 17.54.040(A), (B) or (C), except as provided for in CMC 17.54.050. Any appeal to the Coastal Commission must contain the following information:
1. The name and address of the permit applicant and appellant;
2. The date of the local government action;
3. A description of the development;
4. The name of the governing body having jurisdiction of the project area;
5. The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;
6. The names and addresses of all other persons known by the appellant to have an interest in the matter on appeal;
7. The specific grounds for appeal;
8. A statement of facts upon which the appeal is based; and
9. A summary of the substantial issues raised by the appeal.
Any appeal of a final City action on a coastal development permit shall be made to the Coastal Commission’s Central District Office. The appellant shall also notify the applicant(s), any persons known to be interested in the application and the City of the filing of the appeal. In addition, the City shall be provided with a copy of the appeal by the appellant. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Coastal Commission. The Coastal Commission shall notify the City by mail and by telephone within 24 hours of the receipt of any such appeal. (Ord. 2023-06 § 3, 2023; Ord. 2009-07 Att. A, 2009; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.050 Exhaustion of Local Administrative Remedies.
A. Exhaustion of all local administrative remedies shall not be required for appeals to the Coastal Commission if any of the following occur:
1. The City requires 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.
2. An appellant was denied the right of the initial local appeal by a local ordinance other than the implementation procedures of the Certified Local Coastal Program which restricts the class of persons who may appeal a local decision.
3. 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 title.
4. The City charges an appeal fee for the filing or processing of a coastal development permit appeal.
B. Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals; provided, however, that the Coastal Commission shall transmit a “Notice of Commissioners’ Appeal” to the City Council. Upon receipt of such notice, the Coastal Commissioners’ appeal may be suspended by the City Council pending a decision on the merits of the appeal by the Council. The City Administrator or any two Council members may request a review of the appeal by notifying the City Clerk and the City Administrator shall then notify the Coastal Commission that a suspension is in effect. The council shall review the matter within 45 days of said notice to the Coastal Commission. If the decision of the City Council is to modify or reverse the previous decision the Coastal Commissioners shall be required to file, if necessary, a new appeal of that decision. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.060 Effect of Appeal to the Coastal Commission.
Upon receipt in the Coastal Commission office of a timely, valid appeal by a qualified appellant, the Executive Director of the Commission shall notify the permit applicant and the City that the operation and effect of the local coastal development permit has been stayed pending Coastal Commission action on the appeal as required by Public Resources Code Section 30623(b). Upon receipt of a notice of appeal, the City shall refrain from issuing a development permit for the proposed development and shall, within five working days, deliver to the Executive Director of the Commission all relevant documents and materials used by the local government in its consideration of the coastal development permit application. If the Coastal Commission fails to receive the documents and materials, the Commission shall set the matter for hearing and the hearing shall be left open until all relevant materials are received. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.070 Coastal Commission Notification of Final Action.
Within 10 working days of a final Coastal Commission action on an appeal from a City decision, the Coastal Commissions shall transmit notice of the action taken to the City, the applicant and the appellant. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.080 Appeals.
A. Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director (except for denials without prejudice made pursuant to CMC 17.46.060(C)), the City Forester, the Planning Commission, or the Historic Resources Board may be appealed by any aggrieved party. Coastal Commissioners may appeal these decisions pursuant to CMC 17.54.020 and 17.54.050.
B. Appeals of Final Local Decisions on Coastal Development Permits. Any aggrieved person, including the applicant, or any two members of the California Coastal Commission may file an appeal of the final City Council action on a coastal development permit consistent with the provisions of this chapter. (Ord. 2023-06 § 3, 2023; Ord. 2009-07 Att. A, 2009; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.090 Notice of Hearing.
A. After the time for hearing such appeal is set, as provided for in CMC 17.54.040, Filing Appeals, the Planning Commission Secretary or City Clerk shall thereupon provide written notification to the appellant of the time of such hearing at least 10 calendar days prior to the date thereof.
B. Notice of the public hearing shall also be posted in at least three public places in the City and/or published in one newspaper of general circulation at least 10 calendar days prior to such public hearing as required by the applicable Government Code. (Ord. 2007-06, 2007; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.54.100 Effect of Failure to Perfect Appeal.
If notice of appeal has not been filed in the time, form and manner provided in this chapter, it shall be mandatory for the Director of the Department of Community Planning and Building to issue the permit in accordance with the findings and determination of the original decision-maker. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Prior legislation: Code 1975 §§ 1342, 1343, Ords. 159 C.S., 83-25, 83-26, 85-32, 85-42, 86-3 and 92-6.