California Code of Regulations
Title 14 - Natural Resources
Division 5.5 - California Coastal Commission
Chapter 5 - Coastal Development Permits Issued by Coastal Commissions
Subchapter 2 - Appeals to State Commission
Section 13111 - Filing of Appeal

Universal Citation: 14 CA Code of Regs 13111

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) An appeal of a local government's decision on a coastal development permit application (or local government equivalent) may be filed by an applicant or any aggrieved person who has exhausted local appeals, or any two (2) members of the Commission. The appeal shall be submitted on a commission appeal form and shall contain, at a minimum, the following information:

(1) the name and address of the permit applicant and appellant;

(2) the date of the local government action;

(3) a description of the development;

(4) the name of the governing body having jurisdiction over the project area;

(5) the names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;

(6) the names and addresses or e-mail addresses of all other persons known by the appellant to have an interest in the matter on appeal;

(7) information on how each appellant participated in the local government action or otherwise is qualified as an "aggrieved person" as defined by Public Resources Code Section 30801;

(8) the specific grounds for appeal as described in Public Resources Code, Section 30603;

(9) a statement of facts on which the appeal is based; and

(10) a summary of each substantial issue raised by the appeal.

(b) For an appeal to the Commission by an applicant pursuant to Public Resources Code sections 30602 or 30603(a)(5) of a denial of a coastal development permit application, the applicant shall submit a filing fee in accordance with the provisions of section 13055(b)(5)(B).

(c) The appeal shall be submitted on a commission appeal form that is signed by all appellants and shall be received in the Commission district office with jurisdiction over the local government no later than 5:00 p.m. on the tenth (10th) working day after receipt of the notice specified in Section 13110 by the executive director. An appellant may submit the appeal form via electronic mail, but the appeal shall be deemed to be timely filed only if it is received by the general email account of the district office with jurisdiction over the local government, no later than 5:00 p.m. on the final day of the appeal period. Transmittal of an appeal to any other email address does not constitute proper or timely submittal of the appeal form, and the appeal shall be rejected.

(d)

(1) The executive director shall, within five working days of receipt of a timely appeal from a person other than a member of the commission or a public agency, determine whether the appeal is patently frivolous. If the executive director determines that an appeal is patently frivolous, the appeal shall not be filed unless a filing fee in the amount of $300 is deposited with the commission within five working days of the receipt of the executive director's determination. If the commission subsequently finds that the appeal raises a substantial issue, the filing fee shall be refunded.

(2) An appeal by a person other than a member of the Commission or a public agency is filed when (1) the executive director determines that the appeal is not patently frivolous, (2) the five working-day period for the executive director to determine whether an appeal is patently frivolous expires without that determination, or (3) the appellant pays the filing fee within the five working-day period set forth in subdivision (d)(1).

(3) An appeal by a member of the commission or a public agency is filed on the date received.

1. New subsection (b), subsection relettering and amendment of NOTE filed 3-14-2008; operative 3-14-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 11).
2. Amendment of section and NOTE filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).
3. Amendment of subsections (a) and (c) filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

Note: Authority cited: Sections 30333 and 30620.6, Public Resources Code. Reference: Sections 30620(c), 30620.6 and 30625, Public Resources Code.

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