8111-4 - Decisions.

Not more than forty (40) calendar days following the termination of hearings on an application request requiring a discretionary entitlement or decision, the final decision-making authority shall render its decision either by the adoption of a Resolution (for applications decided by the Planning Commission) or by the issuance of a Determination Letter (for applications decided by the Planning Director or designee). A Resolution or Determination Letter rendering a decision on an application request shall recite such conditions and limitations deemed necessary by the decision-making authority and shall require that all conditions requiring recordation of an interest in property, and other conditions as appropriate, shall be satisfied prior to issuance of a Zoning Clearance for the inauguration of any discretionary entitlement.

(Ord. No. 4639, § 9, 12-17-2024)

8111-4.1.1 - The Planning Director may defer any decision on a Planned Development Permit or Conditional Use Permit application or modification, suspension, or revocation thereto, to the Planning Commission or Board of Supervisors at any time up to 30 days after the close of the administrative public hearing if the project:

For the Planning Commission:

a.

May result in significant adverse environmental impacts which cannot be mitigated to less than significant levels; or

b.

Involves significant public controversy; or

c.

May be in conflict with County policies, or would necessitate the establishment of new policies; or

d.

May be precedent setting; or

e.

Should be deferred for any other cause deemed justifiable by the Planning Director.

For the Board of Supervisors:

a.

Was heard by the Board of Supervisors as the original decision making body; or

b.

Was last heard on appeal by the Board of Supervisors and the issue involves, or is related to, one of the points of appeal; or

c.

Involves interpretation or new policy making on a substantial issue that clearly requires Board of Supervisors involvement; or

d.

Should be deferred for any other cause deemed justifiable by the Planning Director.

8111-4.1.2 - The Planning Commission may defer a decision on an entitlement to the Board of Supervisors in cases where two (2) entitlements regarding the same property or site are being processed concurrently, and the Board of Supervisors is the decision-making authority for one (1) of the entitlements.

(Am. Ord. 4216—10/24/00; Ord. No. 4639, § 9, 12-17-2024)

The decision-making authority hearing a discretionary matter may approve, deny or modify, wholly or partly, the request being reviewed. The decision-making authority may impose such reasonable conditions necessary to ensure that the project satisfies the applicable standards of permit approval. In the absence of any provision to the contrary in a decision granting a request, said request is granted as set forth in the application. All conditions and restrictions applied to a decision on an application request not appealed shall automatically continue to govern and limit the subject use or structure unless the action of the decision-making authority clearly indicates otherwise.

(Ord. No. 4526, § 4, 7-17-2018; Ord. No. 4639, § 9, 12-17-2024)

8111-4.3 - Notice of final decision.

Not later than four (4) calendar days following the effective date of a decision, the Planning Division shall cause the decision-making authority's decision to be mailed to the applicant or appellant in resolution or letter form, in care of the address appearing on the application or such other address designated in writing by the applicant or appellant. In addition, the authority and/or agency whose decision is the subject of an appeal shall also be notified of the decision.

(Ord. No. 4639, § 9, 12-17-2024)

8111-4.4.1 - An administrative decision or a decision of the Planning Commission is effective at the expiration of the decision's appeal period unless an appeal, in proper form and addressed to the appropriate decisionmaking authority, is filed with the Planning Director prior to the expiration of the appeal period. 8111-4.4.2 - A decision of the Board of Supervisors is effective on the date it is rendered. 8111-4.5 - Effect of an appeal.

The filing of an appeal shall automatically stay all proceedings in furtherance of the subject request. Neither the applicant nor any enforcement agency may rely on an authority's decision until the expiration of the decision's appeal period or until the appeal has been resolved, whichever occurs later. (See also Section 8111-7 of this Chapter.)

(Ord. No. 4639, § 9, 12-17-2024)

The Planning Director shall be responsible for preparing the resolutions or letters mentioned in this Article and any other paper or document required by the Planning Commission or the Board of Supervisors in order to discharge their duties and responsibilities under this Article and Chapter.

(Am. Ord. 4123—9/17/96)

Unless otherwise specified in this Ordinance Code or in the permit conditions, any permit hereafter granted that requires a Zoning Clearance becomes null and void if a Zoning Clearance is not obtained by the permittee within the time specified in such permit. If no date is specified, the permit shall expire one year from the date of issuance unless a Zoning Clearance has been issued. After expiration of a permit, the property affected thereby shall be subject to the regulations of the applicable zone classification and all other provisions of this Chapter. The permittee is solely responsible for the timely renewal of a permit; the County has no obligation to notify the permittee of the imminent expiration of the permit.