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§ 13573. Exhaustion of Local Appeals.


Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 5.5 California Coastal Commission [FNA1]
Chapter 8. Implementation Plans
Subchapter 2. Local Coastal Programs (LCPs) and State University or College Long Range Development Plans (LRDPs)
Article 17. Local Coastal Program Implementation Regulations
14 CCR § 13573
§ 13573. Exhaustion of Local Appeals.
(a) An appellant shall be deemed to have exhausted local appeals for purposes of Section 13111 and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the local appellate body (bodies) as required by the local government appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:
(1) The local government or jurisdiction require an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the Local Coastal Program.
(2) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision.
(3) An 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 Article.
(4) The local government jurisdiction charges an appeal fee for the filing or processing of appeals.
(b) Where a project is appealed by any two (2) members of the Commission, there shall be no requirement of exhaustion of local appeals. Provided, however, that a local government may provide, by ordinance, that notice of commissioner appeals may be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision), and the appeal to the Commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision.
Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30603 and 30625, Public Resources Code.
This database is current through 10/5/18 Register 2018, No. 40
14 CCR § 13573, 14 CA ADC § 13573
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