San Luis Obispo County Municipal Code Ch. 21.08 Local Coastal Plan

The authority to modify or extend a coastal development permit issued by the coastal commission for subdivision development as defined in this title rests with the California Coastal Commission.

(Ord. 2636 § 68, 1993; Ord. 2343 § 20, 1988)

Sections 21.08.020 through 21.08.038, inclusive, establish special notice, appeal and hearing requirements which apply to subdivision development in the coastal zone of the county.

(1) Subdivision Development Defined. For purposes of Sections 21.08.020 through 21.08.038, inclusive, subdivision development means lot line adjustments, tentative parcel maps, tentative tract maps, vesting tentative maps, reversions to acreage, determinations that public policy does not necessitate the filing of a parcel map, modifications of a recorded parcel or tract map, conditional certificates of compliance under Government Code Section 66499.35(b), when located in the coastal zone of the county.

(2) Appeals to the Coastal Commission. For appeals to the coastal commission, see Section 23.01.043 of Title 23 of this code.

(Ord. 2636 §§ 69, 70, 1993: Ord. 2582 § 14, 1992: Ord. 2343 § 21 (part), 1988)

Within ten calendar days of accepting an application for an appealable subdivision development or at least seven calendar days prior to the first public hearing on the proposal, the county shall provide notice by first class mail of the pending application for appealable subdivision development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county's jurisdictions, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed, and to the coastal commission. The notice shall contain the following information:

(1) A statement that the development is within the coastal zone;

(2) The date of filing of the application and the name of the applicant;

(3) The county file number assigned to the application;

(4) A description of the development and its proposed location;

(5) The date, time and place at which the application will be heard by the applicable hearing body;

(6) A brief description of the general procedure of county concerning the conduct of hearing and county actions; and

(7) The system for county and coastal commission appeals, including any local fees required if applicable.

(Ord. 2636 § 71, 1993; Ord. 2343 § 21 (part), 1988)

At least one public hearing shall be held on each application for an appealable subdivision development, thereby affording any persons the opportunity to appear at the hearing and inform the county of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven calendar days after the mailing of the notice required in Section 21.08.022 of this title.

(Ord. 2636 §§ 72, 73, 1993: Ord. 2343 § 21 (part), 1988)

If a decision on a subdivision development is continued by the county to a time which is neither previously stated in the notice provided pursuant to Section 21.08.022, nor announced at the hearing as being continued to a time certain, the county shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 21.08.022 of this title.

(Ord. 2636 §§ 74, 75, 1993: Ord. 2343 § 21 (part), 1988)

(a) Developments Which Require a Public Hearing. Notice of subdivision developments within the coastal zone that require a public hearing pursuant to this title, but which are not appealable pursuant to Public Resources Code Section 30603 shall be given at least ten calendar days before a hearing in the following manner:

(1) If the matter is heard by the board of supervisors, notice shall be published in a newspaper of general circulation;

(2) Notice by first class mail to any person who has filed a written request therefor;

(3) Notice by first class mail to property owners within three hundred feet of the site;

(4) Notice by first class mail to residents within one hundred feet of the site;

(5) Notice by first class mail to the coastal commission; and

(6) The notice shall contain a statement that the proposed development is within the coastal zone.

The county may, instead, elect to provide notice in accordance with Section 21.08.022 of this title.

(b) Developments Which Do Not Require a Public Hearing. Notice of pending approval of subdivision developments within the coastal zone which are not appealable pursuant to Public Resources Code Section 30603 and which do not require a public hearing shall be provided as follows:

(1) Timing of Notice. The notice required by this subsection shall be provided within ten calendar days of accepting an application for a nonappealable coastal subdivision development permit or at least seven calendar days before the county decision on the application, by first class mail.

(2) Distribution of Notice. The notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed, and to the coastal commission.

(3) Content of Notice. The notice shall contain the following information:

a. A statement that the development is within the coastal zone;

b. The date of filing of the application and the name of the applicant;

c. The county file number assigned to the application;

d. A description of development and its proposed location;

e. The date the application will be acted upon by the county or decision-maker;

f. The general procedure of the county concerning the submission of public comments either in writing or orally prior to the county decision; and

g. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the county decision.

(Ord. 2636 §§ 76, 77, 1993; Ord. 2343 § 21 (part), 1988)

A county decision on an application for subdivision development shall not be deemed final until:

(1) The county decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the California Coastal Act of 1976; and

(2) When all county rights of appeal have been exhausted as defined in Section 13573 of Title 14 of the California Code of Regulations.

(Ord. 2636 § 78, 1993; Ord. 2582 § 15, 1992: Ord. 2343 § 21 (part), 1988)

(a) Notice After Final Location Decision. Within seven calendar days of the county completing its review and meeting the requirements of Section 21.08.030, the planning department shall notify by first class mail the coastal commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the county (or who paid the fee determined by the county fee ordinance to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the county decision to the coastal commission.

(b) Failure to Act—Notice.

(1) Notification by Applicant. If the county has failed to act on an application within time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the county and the coastal commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

(2) Notification by County. When the county determines that the time limits set by Government Code Sections 65950 through 65957.1 have expired, the county shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to Section 21.08.032(b) that the application has been approved by operation of law pursuant to Government Code Sections 65950 through 65957.1 and that the application may be appealed to the coastal commission pursuant to Section 13110 et seq. of Title 14 of the California Code of Regulations. (This section shall apply equally to a county determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.)

(Ord. 2636 §§ 79, 80, 1993: Ord. 2582 § 16, 1992; Ord. 2343 § 21 (part), 1988)

The county's final decision on an application for an appealable subdivision development shall become effective after the ten working day appeal period to the coastal commission has expired unless either of the following occur:

(1) An appeal is filed in accordance with Section 13111 of Title 14 of the California Code of Regulations; or

(2) The notice of final county action does not meet the requirements of Section 13571 of Title 14 of the California Code of Regulations.

(Ord. 2636 § 81, 1993; Ord. 2582 § 17, 1992: Ord. 2343 § 21 (part), 1988)

An appellant shall be deemed to have exhausted county appeals for purposes of Section 13111 of Title 14 of the California Code of Regulations and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the board of supervisors as required by county appeal procedures, except that exhaustion of all county appeals shall not be required if any of the following occurs:

(1) An appellant was denied the right of appeal pursuant to Section 23.01.042 of Title 23 of this code because county notice and hearing procedures for the development did not comply with the provisions of Article 17, Title 14 of the California Code of Regulations.

(2) An appeal of a county decision is filed by two members of the coastal commission pursuant to Public Resources Code Section 30625.

(Ord. 2636 § 82, 1993; Ord. 2582 § 18, 1992: Ord. 2343 § 21 (part), 1988)

All coastal subdivision development approvals subject to conditions pertaining to public access and open space or conservation easements shall be subject to the requirements of Section 23.04.420(g)(4) of Title 23 of this code.

(Ord. 2636 § 83, 1993; Ord. 2582 § 19, 1992: Ord. 2343 § 21 (part), 1988)