Planning Appeals for Discretionary Projects

For all appeals, except an appeal to the California Coastal Commission, an appeal letter and the required appeal fee must be received by the Planning Department no later than 5:00 PM on the last day of the appeal period noted in the table above. If the last day falls on a weekend or holiday, the appeal period will end at 5:00 PM the next business day. Coastal Commission appeals must be received in the regional office of the Coastal Commission at 725 Front Street Suite 300, Santa Cruz, CA before the end of the coastal appeal period (see below). With the exception of Admininstrative Permits (Public Notice), the first day of the appeal period is the day following the action. 

The appellant must write a letter to the appropriate official or body and include the following information:

1. Whose decision is being appealed? Give the date of the decision.
2. Give the applicant’s name, the application number, and the Assessor’s Parcel Number (APN).
3. State your name and your interest (applicant, neighbor, community group, nearby property owner, etc.) in the decision.
4. What are your reasons for appealing? Please provide as much detail as possible regarding the reason why the appeal is being made.
   • Was the determination or decision fair and impartial? If not, why?
   • Was there an error or abuse of discretion by the decision-maker? If so, what was it?
   • Was the decision supported by the facts presented? If not, why?
   • Has significant new evidence relative to the decision become available? If so, why could it not have been presented when the decision was made?
5. Bring your letter and the appeal fee to the Zoning Counter on the 4th Floor at 701 Ocean Street, Santa Cruz no later than 5:00 PM on the last day of the appeal period. Mailed appeals must also be received in the Planning Department by that date and time. Postmarks will not be accepted.

An appeal will not be accepted without the fee. Call (831) 454-2130 or email the Zoning Inbox at Planning.ZoningInfo@santacruzcountyca.gov  for the current fee. Make the check payable to the County of Santa Cruz. The applicant will always be notified of an appeal. Once an appeal has been filed, the permit cannot be issued until the appeal has been resolved.

Any Planning staff decision or action on a Zoning Clearance, Environmental Clearance, or Minor Permit may be appealed by the applicant to the Planning Director. The Director, or their designee, must commence action of the appeal within 20 business days and will notify the applicant and/or appellant of the decision in writing within 45 days of the appeal submittal. The decision is final unless a member of the Board of Supervisors requests consideration of the matter.

Administrative Permit decisions may be appealed to the Zoning Administrator by the applicant or any interested party. Upon receiving an appeal notice regarding an administrative permit decision or action, the Planning Director shall schedule a hearing before the Zoning Administrator. If there are significant public concerns or other reasons deemed appropriate by the Planning Director, the hearing may be scheduled before the Planning Commission. The hearing must occur within 60 days of receiving the appeal notice, unless all parties involved agree in writing to a postponement. If there is no regular meeting of the Zoning Administrator (or Planning Commission) within this timeframe, the hearing will be scheduled for the next regular meeting. Written notice of the hearing details must be provided to both the appellant and the original applicant (if different) at least 21 days before the hearing. Additionally, public notice of the appeal hearing before the Zoning Administrator will be given according to the regulations outlined in SCCC 18.10.117. Decisions made on the appeal will be provided in writing to the applicant and/or appellant by the reviewing body.

The Planning Commission considers appeals of incompleteness determinations. The appeal filed shall be scheduled for a Planning Commission meeting within 45 days of the date the appeal is filed, or on its next regular meeting after that 45 days if it is not feasible to hear the appeal within that timeframe.

Any decision of the Zoning Administrator may be appealed to the Planning Commission or Board of Supervisors under Special Consideration. Decisions of the Environmental Coordinator to require an Environmental Impact Report for a project are also appealable to the Planning Commission. The hearing must occur within 60 days of receiving the appeal notice, unless all parties involved agree in writing to a postponement. If there is no regular meeting of the Planning Commission or Board of Supervisors within this timeframe, the hearing will be scheduled for the next regular meeting. Written notice of the hearing details must be provided to both the appellant and the original applicant (if different) at least 21 days before the hearing. Public notice of the appeal hearing shall be given in the same manner as required for the original action appealed from, except that no large sign or signs regarding the appeal hearing shall be required pursuant to SCCC 18.10.121. Decisions made on the appeal will be provided in writing to the applicant and/or appellant by the reviewing body.

Any decision of the Planning Commission, including actions on an appeal, may be appealed to the Board of Supervisors. Conditional Permit applications that are denied by the Planning Commission may also be appealed to the Board of Supervisors. Planning Commission actions to approve Conditional projects, which are sent to the Board of Supervisors as recommendations, are not subject to appeal because the Board will be the final decision maker.

For appeals of Conditional Permit decisions, except land divisions, the Board will first hold a jurisdictional hearing to determine whether to take jurisdiction or to let the Planning Commission’s decision stand. It is up to the appellant to demonstrate that an appeal is justified based on the criteria outlined in County Code Section 18.10.340(C) . This decision will be based on the issues addressed in the appeal letter and presented to the Board at the jurisdictional hearing. If the Board of Supervisors determines that there is not sufficient justification for accepting jurisdiction, there will be no additional hearings and the original decision will stand.

If the Board determines that there are sufficient grounds to review the project, they will schedule a public hearing. Following the public hearing, the Board will decide to uphold or deny the appeal, or to remand the matter back to the Planning Commission. The Board’s decision is final.

For appeals of Planning Commission action on land division applications, jurisdiction is automatic and the Board will schedule a public hearing to consider the appeal.

Grounds for the Board of Supervisors to Take Jurisdiction as specified under Santa Cruz County Code section 18.10.340(B). The Board of Supervisors will not take jurisdiction of an appeal and grant further review of a matter unless the Board is convinced that there was an error or abuse of discretion on the part of the Commission, Zoning Administrator, or other officer; or that there was a lack of a fair and impartial hearing; or that the decision appealed from is not supported by the facts presented and considered at the time the decision appealed from was made; or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision appealed from was made; or that there is either error, abuse of discretion, or some other factor which renders the act done or determination made unjustified or inappropriate to the extent that a further hearing before the Board is necessary.