§ 30.75.050. Determination of Permit Requirement, Exemption or Categorical Exclusion.

A.

The Director of Planning and Community Development shall have the authority to make the following determinations regarding the requirement for receipt of a Coastal Development Permit, with such determinations to be based on the applicable components of the Local Coastal Program, including, but not limited to, the Post Certification Maps prepared by the Coastal Commission and filed with the City:

1.

Whether a proposed project requires the receipt of a Coastal Development Permit or is exempt from or categorically excluded from the requirement for a Coastal Development Permit.

2.

Whether the review of an application for a Coastal Development Permit, or amendment thereto, is to be processed and reviewed by the City or by the California Coastal Commission.

3.

Whether the action taken by the City in its review of a Coastal Development Permit application is appealable to the Coastal Commission.

B.

Where there is a challenge to a determination regarding the requirement for a Coastal Development Permit or the validity of a Coastal Development Permit exemption or Categorical Exclusion, or where the Director of Planning and Community Development wishes to have the Coastal Commission determine the appropriate designation, the following procedure shall be used:

1.

The Director of Planning and Community Development shall notify the Executive Director of the Coastal Commission in writing of the challenge or request for determination and shall request an Executive Director's opinion.

2.

The Executive Director shall, within two working days of receipt of the City's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non-appealable, or appealable.

3.

Where the Executive Director's determination is not in accordance with the determination of the Director of Planning and Community Development, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The hearing before the Coastal Commission shall be scheduled within a reasonable period of time and shall be conducted in the appropriate geographic region of the State.