2007 California Public Resources Code Chapter 6. Appeal And Judicial Review

CA Codes (prc:29770-29772)

29770.  (a) Any person who is aggrieved by any action taken by a
local government or other local agency in implementing the resource
management plan, or otherwise taken pursuant to this division, may
file an appeal with the commission. The ground for an appeal and the
commission consideration of an appeal shall be that an action, as to
land located exclusively within the primary zone, is inconsistent
with the resource management plan, the approved portions of local
government general plans that implement the resource management plan,
or this division. The appeal shall be heard by the commission within
60 days from the date of the filing of the appeal, unless the
commission, either itself or by delegation to the executive director,
determines that the issue raised on appeal is not within the
commission's jurisdiction or does not raise an appealable issue.
   (b) In the absence of an appeal by an aggrieved person, the
commission may decide by majority vote to review on appeal any action
taken by a local government or other local agency in implementing
the resource management plan, or otherwise taken pursuant to this
division, for land located exclusively within the primary zone, if
the commission believes the action may be inconsistent with the
resource management plan, or this division.
   (c) The commission shall, by regulation, adopt administrative
procedures governing those appeals.
   (d) The commission may comment on projects within the secondary
zone that impact the primary zone.


29771.  After a hearing on an appealed action, the commission shall
either deny the appeal or remand the matter to the local government
or local agency for reconsideration, after making specific findings.
Upon remand, the local government or local agency shall modify the
appealed action and resubmit the matter for review to the commission.
A proposed action appealed pursuant to this section shall not be
effective until the commission has adopted written findings, based on
substantial evidence in the record, that the action is consistent
with the resource management plan, the approved portions of local
government general plans that implement the resource management plan,
and this division.


29772.  An aggrieved person may seek judicial review of any action
taken by the commission in adopting the  resource management plan or
any action taken by a local government or other local agency that is
appealable pursuant to subdivision (a) of Section 29770, by filing a
petition for writ of mandate in accordance with Section 1094.5 of the
Code of Civil Procedure within 60 days from the date that the
commission action was taken or, if appealed to the commission, within
60 days from the final decision of the commission on the appeal.