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The determination of whether a development is categorically excluded or appealable for purposes of notice, hearing, and appeals shall be made by the City at the time the application for development is submitted. This determination shall be made with reference to the certified LCP, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as a part of the certified LCP. Where an applicant, interested person, or the City has a question as to the appropriate procedures, the following procedures shall be followed:

A. The City shall make its determination as to what type of development is being proposed (i.e., exempt, categorically excluded, appealable, or nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by the designated approving authority.

B. If the determination of the City is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the City shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director’s opinion.

C. The Executive Director shall, in writing, within two working days of the City’s request (or upon completion of a site inspection where such an inspection is warranted), transmit a determination as to whether the development is exempt, categorically excluded, nonappealable, or appealable.

D. Where, after the Executive Director’s investigation, the Executive Director’s determination is not in accordance with the City determination, the Coastal Commission shall hold a hearing for the purpose of determining the appropriate designation for the next Coastal Commission meeting in the appropriate geographic region following the City’s request. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).