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Title: 21 - Coastal Zoning

Chapter: 50 - California Coastal Zone Entitlement Procedures--General Provisions

Section: 60 - Determination of applicable notice and hearing procedures

The determination of whether a development within the California Coastal Zone is an exempt, nonappealable or appealable coastal development permit project for purposes of notice, hearing and appeals procedures shall be made by the county at the time the application for development is reviewed for completeness by staff or the Environmental Review Committee, whichever is applicable. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. When an applicant, interested person, or the county has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is exempt, nonappealable or appealable:

     A.  The county shall make its determination as what type of development is being proposed (e.g., exempt, appeal-able, nonappealable) and shall inform the applicant of the notice and hearing requirements for the particular development. Where a question arises regarding exempt status due to potential impacts of a project as set forth in Section 21.50.030(A), the county planning commission shall make the determination.

     B.  If the determination of the county is challenged by the applicant or an interested person, or if the county wishes to have a California Coastal Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/ question and shall request the Executive Director\'s opinion.

     C.  The Executive Director shall, within two working days of the county\'s request (or upon completion of a site inspection where such inspection is warranted), transmit its determination as to whether the development is exempt, categorically excluded, nonappealable or appealable.

     D.  Where, after the Executive Director\'s investigation, the Executive Director\'s determination is not in accordance with the county\'s determination, the California Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the local government request.


(Ord. 83-03(part))