Negative Declaration Determination
What is this service?
San Luis Obispo County encourages public participation in all phases of the environmental review process. Anyone who has questions about a project or any part of the process is invited to contact the Planning Department to discuss your concerns. If your questions cannot be answered to your satisfaction over the phone, the Environmental Coordinator or a representative will meet with you to address your questions.
What is the process?
Step 2: Review by Staff
Staff reviews the appeal, develops a recommendation based on the merits of the appeal as they relate to applicable ordinances and regulations, and prepares a staff report for the hearing body. The hearing body is dependent upon the circumstances of the appeal.
Step 3: Hold Public Hearing
The hearing body weighs the merits of the appeal as they relate to applicable ordinances and regulations and makes a decision. Depending upon the decision being appealed, this decision may itself be subject to a new appeal.
Who can use this service?
Any aggrieved person (including the applicant) may file an appeal within the applicable time limit of the decision being appealed.
Is there a charge for this service?
Please refer to the Department of Planning & Building Fee Schedule for application fees.
When and where is this service offered?
Appeals may be filed with the Department of Planning & Building during normal business hours. Coastal Commission appeals* may be filed directly with the Santa Cruz office of the California Coastal Commission.
*PLEASE NOTE: All possible local appeals (those available at each stage of the process) must be exhausted before filing an appeal with the Coastal Commission.
Frequently Asked Questions
The only decisions by the Board of Supervisors that can be appealed are those that are within the Coastal Zone or otherwise fall under jurisdiction of the California Coastal Commission. Those decisions can be appealed to the Coastal Commission within ten (10) working days from the date that the Coastal Commission received the County's Notice of Final Action.
A decision by the Director of Planning & Building (or their designee) may be appealed within fourteen (14) calendar days of the decision. All appeals of Director of Planning & Building decisions are considered by the Planning Commission.
A decision by the Planning Commission may be appealed within fourteen (14) calendar days of the decision. All Planning Commission appeals are considered by the Board of Supervisors.
A decision by the Planning Department Hearing Officer may be appealed within fourteen (14) calendar days of the decision. All Planning Department Hearing appeals are considered by the Board of Supervisors.
A decision on a site plan may be appealed within seven (7) calendar days of the decision. All site plan appeals are considered by the Hearing Officer at a Planning Department Hearing. Site plan decisions may only be appealed on the basis of whether or not the proposed use satisfies all applicable provisions of the Land Use Ordinance.
An Administrative Fine may be appealed within twenty (20) calendar days of the Date of Notice. All Administrative Fine appeals are considered by the Hearing Officer at a Planning Department Hearing. An Administrative fine may only be successfully appealed on the following grounds:
- The party subject to the fine is not the responsible party;
- The party subject to the fine was not properly notified; or
- The party subject to the fine does not own the subject property.
Decisions of the Hearing Officer may be appealed de novo to Superior Court.
An Environmental Determination may be appealed within fourteen (14) calendar days of the Courtesy Notice announcing the determination. Environmental Determination appeals are considered by the body tasked with considering the application that the Environmental Determination is attached to. In cases where there is no body tasked with considering the application, the Environmental Determination appeal is considered by the Hearing Officer at a Planning Department Hearing.
Please contact the County's Department of Public Works for details.
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