During the course of the review of a building permit application with the County Planning Department, there are certain actions that are appealable. Appeals may be filed on the following actions:
Type of Appeal |
Appealed by |
Heard by |
Appeal Period |
Building Permit application review by County staff, except for those issue identified in CC Chapter 7.92 and 12.12. |
Applicant |
Planning Director (Administrative Appeal) |
14 calendar days from date of 1st Deficiency Letter; thereafter, 14 days from the date of individual reviewers determination |
Building Permit application appeal - limited to issues in CC Section 12.12.010 |
Applicant or other aggrieved person |
Building and Fire Code Appeals Board |
14 calendar days from date of determination |
Building Permit application review by County Fire Dept staff*- CC Chapter 7.92 |
Applicant or other beneficially interested party |
Building and Fire Code Appeals Board |
10 days from date of service of written order |
* All appeals in other Fire Districts are considered by the respective Fire Boards.
WHEN TO APPEAL
Except for appeals of the County Fire Department, an appeal letter and the required appeal fee (if applicable) 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. The first day of the appeal period is the day following the action.
Appeals of the County Fire Department must be delivered to the Fire Chief 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.
HOW TO APPEAL
The appellant must write a letter to the appropriate official or body and include the following information:
- Whose decision is being appealed? Give the date of the decision.
- Give the applicant's name, the application number, and the Assessor's Parcel Number (APN).
- State your name
- What relief is being sought? Why?
- Signatures of all appellants and mailing address
- 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 see the Zoning Counter for the current fee.
HOW APPEALS ARE DECIDED
Administrative Appeals
Any County staff action on the review of a building permit application may be appealed by the applicant to the Planning Director. The Director, or his or her 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 60 days of the appeal submittal. The decision is final unless a member of the Board of Supervisors requests consideration of the matter.
Building and Fire Code Appeals Board
Certain types of issues may be appealed to the Building and Fire Code Appeals Board, including Fire Code determinations of the County Fire Department and issues related to the use of alternative materials, interpretations of the adopted County amendments to the UBC and accessibility requirements. The Building and Fire Code Appeals Board must commence its review within 30 days of the appeal and complete its review in 60 days. Actions of the Building and Fire Code Appeals Board may be appealed to the Board of Supervisors (see Planning Appeals for Discretionary Projects - Level 6).
FOR MORE INFORMATION
This brochure summarizes the various appeal processes for Building Permits. To review the codified regulations regarding appeals, please refer to the following:
General Permit appeals - County Code Section 18.10.300 et seq
For appeals to the Building and Fire Code Appeals Board
- County Code Chapter 12.12 - Building Appeals
- County Code Chapter 7.92 - Fire Prevention Cod |