Cal. Code Regs. tit. 14 § 13573

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 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 as defined by Public Resources Code Section 30801 where the appellant has pursued his or her appeal to the local appellate body or bodies as required by the local government LCP 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.

Cal. Code Regs. Tit. 14, § 13573

1. Amendment of subsections (a)-(b) and amendment of NOTE filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

Note: Authority cited: Sections 30333 and 30620, Public Resources Code. Reference: Sections 30603, 30625 and 30801, Public Resources Code.