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Title: 21 - Coastal Zoning

Chapter: 51 - California Coastal Zone Entitlement Procedures--Local Appeals

Section: 30 - Appeal of planning commissionharbor commission review

A.  Filing of Notice. Any person aggrieved by an action of the planning commission may take an appeal to the board of supervisors by filing a notice of appeal with the clerk of the board of supervisors and within ten days of the action of the planning commission. An appeal of an action of the commission must express all basis for appeal with sufficient information and documents supporting all grounds of appeal reasonable thereto. No additional grounds, information, or documents reasonably known or available at the time an appeal is filed will be accepted or considered by the board of supervisors after the expiration of ten days from the challenged action. The appeals process of this section is the exclusive, full and complete remedy available to a person aggrieved by an action of the planning commission. Failure to follow this appellate procedure will foreclose any aggrieved person the opportunity to file a legal challenge to the commission action complained of. Upon receipt of the planning commission records, the board of supervisors shall notify the planning commission, at least five days previous, of the time the board will consider the appeal.

     B.  Consideration by Board of Supervisors. The board of supervisors shall consider the appeal and the record upon which the action appealed from was taken, and may, at its own discretion, cause the matter to be set for a public hearing.

     C.  Public Hearing--Notice.

         1.  The county shall provide notice of pending appeal which contains the following information:

             a.  A statement that the development is within the coastal zone

             b.  The date of filing of the appeal and the name of the appellant

             c.  The number assigned to the application

             d.  A description of the development and its pro-posed location

             e.  The date(s), time and place(s) at which the application will be considered by the board of supervisors

             f.  A brief description of the general procedure of conduct of the hearing and/or appeal action

             g.  The system for Coastal Commission appeals.

         2.  Notice of a public hearing shall be provided at least ten days prior to the hearing by:

             a.  First-class mail to each appellant, the applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county\'s coastal zone and the coastal commission and

             b.  First-class mail to all property owners with-in one hundred feet of the perimeter of the parcel on which the development is proposed and

             c.  Notice shall be delivered by the appellant to each dwelling unit within one hundred feet of the project. The appellant shall submit to the county planner a signed affidavit listing the addresses of all residences and at-testing to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery. Where more than one appeal is filed the first to be submitted which is accepted for hearing shall be the party responsible for delivery of notices and submittal of the affidavit and

             d.  Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

     D.  Within sixty days of the filing of the notice of appeal, the board of supervisors shall render its decision in the matter. Failure of the board of supervisors to render its decision on the matter within sixty days of the filing of the notice of appeal shall be a denial of the appeal and an affirmation of the action of the planning commission. The decision of the board of supervisors upon an appeal is final and conclusive as to all things involved in the matter.


(Ord. 86-04 (part), 1986 Ord. 83-03 (part))