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13.1 APPEALS TO THE BOARD OF SUPERVISORS

Except as otherwise stated in this Code, any person, as defined in this Code, aggrieved by an action taken by the Hearing Officer on any completed application, may appeal such action to the Board of Supervisors by filing a notice of appeal with the Department within ten (10) working days of said action. Appeals on Coastal Development Permits for subdivisions shall be filed within 10 calendar days of the decision of the Hearing Officer. Upon receipt of the notice of appeal, the Department shall transmit to the Clerk of the Board a copy of the notice of appeal. An appeal fee as set by resolution of the Board of Supervisors shall be paid when the appeal is filed. This section does not apply to a rezoning or an amendment to this division. (Note: For subdivision appeals see Subdivision Regulations.) (Former Section INL#317-51; CZ#A315-26(A); Ord. 946, Sec. 4, 10/2/73; Amended by Ord. 1206, Sec. 2, 3/21/73; Amended by Ord. 1351, Sec. 1, 8/28/79; Amended by Ord. 1889, Sec. 1, 3/6/90; Amended by Ord. 2214, 6/6/00)

13.2 GROUNDS FOR APPEAL

The Department shall provide a standard form on which the appellant shall state specifically why the decision of the Hearing Officer is not in accord with the standards and regulations of the zoning ordinances, or why it is believed that there was an error or an abuse of discretion by the Hearing Officer. (Former Section CZ#A315-26(B))

13.3 EFFECT OF FILING AN APPEAL

A timely appeal and action shall stay the proceedings and the effective date of the action of the Hearing Officer, until the appeal has been acted upon or withdrawn. (Former Section CZ#A315- 26(C))

13.4 PROCESSING AN APPEAL

Prior to the appeal hearing, the Department shall transmit to the Board of Supervisors, and to the Planning Commission if necessary, copies of the permit application including all maps and data and a report from the Department setting forth the reasons for the Hearing Officer’s action and the Department staff’s recommendation. (Former Section INL#317-51; CZ#A315-26(D); Ord. 946, Sec. 4, 10/2/73; Amended by Ord. 1206, Sec. 2, 3/21/73; Amended by Ord. 1351, Sec. 1, 8/28/79; Amended by Ord. 1889, Sec. 1, 3/6/90; Amended by Ord. 2214, 6/6/00)

13.5 HEARING REQUIRED

The first hearing before the Planning Commission or Board of Supervisors to consider the appeal shall begin within thirty (30) working days after the date of filing the appeal. (Former Section INL#317-52; CZ#A315-26(E); Added by Ord. 1351, Sec. 2, 8/28/79; Amended by Ord. 1889, Sec. 2, 3/6/90; Amended by Ord. 2214, 6/6/00)

13.6 NOTICE OF PUBLIC HEARING

Notice of the time and place of the public hearing shall be given in the manner prescribed in Section 312-8, Public Notice Procedures. (Former Section INL#317-53; CZ#A315-26(F); Ord. 519, Sec. 752, 5/11/65: Amended by Ord. 1251, Sec. 4, 8/15/78; Amended by Ord. 1889, Sec. 3, 3/6/90)

13.7 DECISION AND NOTICE

After the appeal hearing before the Board of Supervisors, the Board may sustain the action which is being appealed, grant or modify the application subject to specified conditions, or it may deny the application. The Board shall adopt findings, which specify the facts relied upon in deciding the appeal. The findings shall state the reasons for any conditions imposed by the Board. Notice of the decision of the Board of Supervisors, together with a copy of the findings adopted by the Hearing Officer shall be given in accordance with subsection 312-6.7, Notice of Final Action. (Former Section CZ#A315-26(G); Amended by Ord. 2214, 6/6/00)

13.8 FINALITY AND EFFECTIVE DATE

The decision of the Board of Supervisors to sustain or deny an appeal is final, unless the decision is appealable to the Coastal Commission. (Former Section INL#317-55; CZ#A315-26(H); Ord. 519, Sec. 754, 5/11/65)

13.9 IF NO DECISION REACHED

Failure of the Board of Supervisors to render its decision on the matter within thirty-five (35) working days of the conclusion of the hearing shall be deemed to be a denial of the appeal and an affirmation of the action of the Hearing Officer. (Former Section INL#317-54; CZ#A315-26(I); Ord. 1007, Sec. 1, 12/10/74; Amended by Ord. 2214, 6/6/00)

13.10 RIGHT TO DECIDE ALL MATTERS

The Board of Supervisors hereby reserves the right to hear and decide all appealable matters, decisions and actions taken under the authority of the Zoning Code of the County of Humboldt. Within the time prescribed for filing appeals in this Code, the Board of Supervisors by its own motion may decide to review and make a final decision on any action or decision of the Hearing Officer. (Former Section INL#317-51.5; CZ#A315-26(J); Added by Ord. 1351, Sec. 2, 8/28/79; Amended by Ord. 1889, Sec. 2, 3/6/90; Amended by Ord. 2214, 6/6/00)

13.11 MAJOR VEGETATION REMOVAL: APPEAL OF THE DIRECTOR’S DETERMINATION

13.11.1Where the Director has determined that a proposal to remove woody vegetation constitutes major vegetation removal, and where the individual proposing the major vegetation removal believes that the removal of the vegetation will not result in a significant environmental impact, the applicant may request the Planning Commission to review the Director’s determination. The Planning Commission shall hear the matter de novo, and make a determination as to whether or not the proposed major vegetation removal may result in a significant environmental impact. The Planning Commission shall make its determination using the same criteria as the Director, which criteria is set forth in Chapter 3, Section 313-60.4.3. (Former Section CZ#A314-20(E))

13.11.2The request for Planning Commission review shall be made in writing to the Planning Division within ten (10) working days of the date of the Director’s determination and accompanied by a fee as established by the Board of Supervisors. Information supporting the belief that the proposed major removal of vegetation will not result in a significant environmental impact shall also be submitted by the individual proposing the major vegetation removal at the time the request for review is made. (Former Section CZ#A314-20(E))

13.11.3An appeal from a determination of the Planning Commission may be made to the Board of Supervisors pursuant to the Appeal Procedures in this Section 312-13. (Former Section CZ#A314-20(E))

13.12 APPEALS TO THE COASTAL COMMISSION

Not withstanding any other provisions of the certified Local Coastal Program, an appeal of a decision to approve a Coastal Development Permit may be filed with the Coastal Commission by an applicant or any aggrieved person who has exhausted local appeals, or any two (2) members of the Coastal Commission. The appeal must comply with the requirements specified by 14 Cal. Code of Regulations Section 13111, and the appeal must be received by the Coastal Commission on or before the tenth (10th) working day after Coastal Commission receipt of the notice of final action on the Coastal Development Permit.

An action taken on a Coastal Development Permit may be appealed to the Coastal Commission for only the following types of developments:

13.12.1Developments approved 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;

13.12.2Developments approved not included within Paragraph (1) of this section that are 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;

13.12.3Any development approved that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500) of the Coastal Act;

13.12.4Any development which constitutes a major public works project or major energy facility;

13.12.5Developments approved not included within paragraphs (1) or (2) that are located in a sensitive coastal resource area.

13.13 GROUNDS FOR APPEAL TO THE COASTAL COMMISSION

The grounds for an appeal pursuant to Section 13.12.1 through 13.12.5 shall be limited to an allegation that the development does not conform to the Certified Local Coastal Program and the public access policies set forth in the Coastal Act.

The grounds for an appeal of a denial of a permit pursuant to section 13.12.4 shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in the Coastal act.

An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal under the Commission’s regulations and be an aggrieved person where the appellant has pursued his or her appeal to the local appellate body in person or in writing; except that exhaustion of all local appeals shall not be required if any of the following occur:

13.13.1The County required an appellant to appeal to more local appellate bodies for permits in the coastal zone than were required in the implementation sections of the Local Coastal Program;

13.13.2An appellant was denied the right of the initial local appeal by a local ordinance which restricts who may appeal a local decision;

13.13.3An 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 division;

13.13.4The County charges an appeal fee for the filing or processing of appeal.

13.13.5Where a project is appealed by any two (2) members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals.