330.9

SEC. 330.9. APPEAL PROCEDURES. New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 111-24 , approved 6/13/2024, effective 7/14/2024, oper. conditional). The text of the section will be included below when the

enacting legislation is operative. (a) All Coastal Zone Permit Applications may be appealed to the Board of Appeals as described in Section 308.2 of this Code. Local appeal of a Coastal Zone Permit is not subject to the aggrieved party provisions in Section 330.2(a) of this Code, but must comply with the appeal review procedures of Section 330.5.1(b) and Section 330.5.2 of this Code. (b) Appeal to the California Coastal Commission is available only for approved projects in the appealable area of the Coastal Zone, as designated in Sectional Maps CZ4, CZ5 and CZ13 of the Zoning Map; under California Public Resources Code Section 30603(a)(4), for approved projects that involve a use that is not the principal permitted use designated in Planning Code Section 330.9(c); and under California Public Resources Code Section 30603(a)(5), for approved or disapproved projects that involve a major public works project or a major energy facility, all as further described in Section 330.10. (c) Principal Permitted Use Under the Local Coastal Program. Notwithstanding any other provisions of this Code or the City and County’s Local Coastal Program Implementation Plan that identify principal permitted, conditional, and other types of uses, the principal permitted use for the purposes of California Public Resources Code Section 30603(a)(4) shall be as described in this subsection (c). The designation of the principal permitted use for the purpose of the Local Coastal Program does not alter the uses permitted on any site under the Planning Code or applicable requirements under the Planning Code. (A)1 Residential Districts: Residential Uses. (B)1 Parkmerced Residential District: Residential Uses. (C)1 Neighborhood Commercial Districts: Commercial Uses. (D)1 Public Districts: Public Uses, where that shall be understood to mean a Public Facility, Open Recreation Area, or Passive Outdoor Recreation. (E)1 Wawona Street and 45th Avenue Cultural Center Special Use District: Commercial Uses, as defined in Section 249.96(e). (d) A Coastal Zone Permit decision which may be appealed to the California Coastal Commission can be appealed by filing with the California Coastal Commission within 10 working days after the California Coastal Commission receives notice of final action from the Planning Department. Appeals to the California Coastal Commission are subject to the aggrieved party provisions in Section 330.2(a). (e) An applicant is required to exhaust local appeals before appealing to the California Coastal Commission. (f) Major public works and energy facilities within the Coastal Zone may be appealed to the California Coastal Commission whether approved or not by the local government. (Ord. 509-85, App. 11/22/85; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015; Ord. 111-24, File No. 240228, App. 6/13/2024, Eff. 7/14/2024, Oper. 7/11/2024) AMENDMENT HISTORY Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. Divisions (b), (c) amended; divisions (c)- (e) redesignated as (d)-(f); new divisions (c)-(c)(E) added; Ord. 111-24, Eff. 7/14/2024. CODIFICATION NOTE 1. So in Ord. 111-24. SEC. 330.10. APPEALABLE PROJECTS. The following projects may be appealed to the California Coastal Commission: (a) Projects approved 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 tide line of the sea where there is no beach, or as otherwise indicated in Sectional Maps CZ4, CZ5, and CZ13 of the Zoning Map. (b) Projects approved and located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff. (c) Any project which constitutes a major public works project or a major energy facility, including the following: (1) All production, storage, transmission and recovery facilities for water, sewerage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. (2) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. A railroad whose primary business is the transportation of passengers shall not be considered public works nor a development if at least 90 percent of its routes located within the coastal zone utilize existing rail or highway rights-of-way. (3) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district. (4) All community college facilities. (5) Major public works or energy facility with an estimated cost of $100,000 or more. (6) Energy facilities is any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (d) Projects proposing a use that is not designated as the principal permitted use in the applicable Zoning District in subsection 330.9(c). (Ord. 509-85, App. 11/22/85; amended by Ord. 111-24, File No. 240228, App. 6/13/2024, Eff. 7/14/2024, Oper. 7/11/2024) AMENDMENT HISTORY Division (d) added; Ord. 111-24, Eff. 7/14/2024. SEC. 330.11. WHO MAY APPEAL A COASTAL ZONE PERMIT TO THE CALIFORNIA COASTAL COMMISSION. Appeal of a local decision may be filed by: (1) an applicant; (2) any aggrieved person as defined in Section 330.2(a); or (3) any two members of the California Coastal Commission. In the case of appeal by two Coastal Commission members local appeal need not be exhausted. (Ord. 509-85, App. 11/22/85) SEC. 330.12. PERMIT APPROVAL BY OPERATION OF LAW. (a) If the Planning Department has failed to act on a Coastal Zone Permit Application within a one-year period from the date of which the application has been accepted as complete, the person claiming a right to proceed shall notify in writing the Zoning Administrator of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. (b) When an applicant claims that a Coastal Zone Permit Application has been approved by operation of law, a written notice shall be mailed by the Zoning Administrator within seven calendar days of such action to the California Coastal Commission and any person entitled to receive notice that the application has been approved by operation of law. Approval of a Coastal Zone Permit Application by expiration of time limitation may be appealed to the California Coastal Commission. (Ord. 509-85, App. 11/22/85; amended by Ord. 188-15 , File No. 150871, App. 11/4/2015, Eff. 12/4/2015) AMENDMENT HISTORY Nonsubstantive changes; Ord. 188-15 , Eff. 12/4/2015. SEC. 330.13. EFFECTIVE DATE OF APPROVED PROJECTS. (a) A final decision on an application for an appealable project shall become effective after a 10 working day appeal period to the California Coastal Commission has expired, unless either of the following occur: (1) a valid appeal is filed in accordance with City and State regulations, or (2) local government requirements are not met per Section 330.6(b). When either of