Home > 21 > 52

Title: 21 - Coastal Zoning

Chapter: 52 - California Coastal Zone Entitlement Procedures--California Coastal

Section: 10 - Exhaustion of local appeals

A.  An appellant shall be deemed to have exhausted local appeals for purposes of this section and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the local appellate body as required by Chapter 21.51 except that exhaustion of all local appeals shall not be required if any of the following occur:

         1.  The county requires an appellant to appeal to more local appellate bodies than have been certified as appellant 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 county ordinance which restricts the class of persons who may appeal a local decision

         3.  An appellant was denied the right of local appeal because county notice and hearing procedures for the development did not comply with the provisions of the adopted Local Coastal Program procedures

         4.  The county charges an appeal fee for the filing or processing of appeals.

     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 county may provide, by ordinance, that notice of Coastal Commission appeals may be transmitted to the county appellate body (which considers appeals from the local body that rendered the final decision) and the appeal to the Coastal Commission may be suspended pending a decision of the appellate body modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision. Adoption of such an ordinance would be subject to Coastal Commission certification as in amendment to the Local Coastal Program.


(Ord. 83-03(part))