5.9 as §§ 8181-5.3—8181-5.8.

8181-5.4 - Fees.

Each application request for any purpose subject to the regulations of this Chapter, except appeals of decisions regarding developments subject to appeal, shall be accompanied by payment of all outstanding fees and charges billed by and owed to the County under Division 8, Chapters 1, 1.1, and 2 by the applicant or by persons, partnerships, corporations or other entities owned or controlled by applicant or owning or controlling applicant. Furthermore, each application for any of the above, and for appeals of decisions regarding developments not subject to appeal, shall be accompanied by the fee specified by Resolution No. 222 of the Board of Supervisors. No application or appeal shall be accepted for filing or be processed unless the applicant complies with this Section.

(a)

Exemptions. No fee need accompany applications for activities sponsored by nonprofit organizations that are solely youth-oriented, including, but not limited to, Scouts, 4-H Clubs, and Little Leagues. No filing fee shall be charged or collected for any application or appeal filed by any County officer, employee, board, commission, or Board-governed Special District on behalf of the County.

(b)

Penalty Fees. Where a use is inaugurated, or construction to that end is commenced, prior to the granting of the required entitlement or amendment to the LCP, the fee for said entitlement or amendment shall be doubled. Payment of such double fee shall not relieve persons from fully complying with the requirements of this Code, nor from any other penalties prescribed herein. In no event shall such double fee exceed the application fee plus one thousand dollars ($1,000.00).

(c)

Billing Method. Once a decision is rendered and becomes final regarding an entitlement, the applicant shall be billed for the balance of fees and charges up to the ceiling amount as specified by the fee schedule (Resolution No. 222). Should final costs be less than the deposit fee, the unused portion of the deposit shall be refunded to the applicant. Upon request, an accounting of all fees and charges billed to the applicant shall be made available. An applicant may request, or the County may require, incremental billing for processing costs of an application request. All fees and charges shall be due and payable within thirty (30) days of the date of any billing invoice. If billed fees and charges are not paid within thirty (30) days of the invoice date, a penalty charge of two (2) percent of the unpaid balance will be added to the balance due, and each month thereafter an interest charge of two (2) percent of the unpaid balance shall be added and compounded until the bill is paid in full.

(d)

Failure to Pay. While the County may choose not to stop processing an application for which the applicable billed fees and charges have not been paid, the County may, after a hearing, deny such application based on the applicant's failure to pay said fees and charges.

(Ord. No. 4451, §§ 7, 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

8181-5.5 - Deferral of applications. 8181-5.5.1 - The Planning Director may defer any decision on a Planned Development Permit or modification, suspension, or revocation thereto, to the Planning Commission at any time prior to thirty (30) days after the close of the public hearing if the project:

(a)

May result in significant environmental impacts that cannot be mitigated to insignificant levels.

(b)

Involves significant public controversy.

(c)

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

(d)

May be precedent-setting.

(e)

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

8181-5.5.2 - 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 is the decision-making authority for one (1) of the entitlements.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

8181-5.6 - Continuance of permit during renewal process.

If an application for renewal of permit has been filed prior to the expiration date of that permit, and is being diligently pursued, the activities for which the permit was granted may continue during the renewal process, unless otherwise provided for in the conditions of the permit. All the terms and conditions of the original permit must be followed at all times.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

8181-5.7 - Compliance with conditions.

It shall be the responsibility of the property owner, and the permittee when the property owner is not the applicant, to ensure that all conditions placed on a permit are met.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

8181-5.8 - Securities.

Except as otherwise specified in this Chapter, the decision-making authority may impose a penal and/or performance security on any discretionary entitlement as a condition of such entitlement. The security(s) shall be filed in a form acceptable to the County Counsel and certified by the County Clerk.

(a)

The required amount of the security(s) may be increased periodically by the Planning Director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the security is maintained over the life of the permit, and to assure that performance securities continue to reflect the actual anticipated costs for completing a required task. No security shall be released until after all of the applicable conditions of the permit have been met.

(b)

In the event of any failure by the permittee to perform or comply with any term or condition of a discretionary entitlement, the decision-making authority may, after notice to the permittee and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the security forfeited. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the County. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, nor from expense or liability suffered by the County from any breach by the permittee of any term or condition of the permit or of any applicable ordinance or of the security.

(c)

The permittee shall maintain the minimum specified amount of a penal security throughout the life of the entitlement. Within thirty (30) days of any forfeiture of a penal security, the permittee shall restore the security to the required level.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— See editor's note at § 8181-5.3.

8181-6 - Hearing procedures.[10] Footnotes: --- (10) ---

Editor's note— Ord. No. 4451, § 7, adopted December 11, 2012, repealed and replaced §§ 8181-6—8181-6.3. Former §§ 8181-6— 8181-6.3 pertained to notice and hearing procedures and were derived from original Code.

8181-6.1 - Determination of applicable procedures.

At the time the application for development within the coastal zone is submitted, the Planning Director shall determine whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission for purposes of notice, hearing and appeals procedures. The Planning Director shall inform the applicant of the notice and hearing requirements for that particular development. The Planning Director's determination shall be made with reference to the certified LCP, including any maps, categorical exclusions, land use designations and zoning ordinances that are adopted as part of the LCP.

If the determination is challenged by the applicant or other interested party, or by a local government, or if the County wishes to have a Coastal Commission determination as to the appropriate designation, the County shall notify the Coastal Commission by telephone of the dispute or question, and shall request an Executive Director's opinion. The Executive Director shall, within two (2) working days of the County's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission.

If the Executive Director's determination is not in agreement with the County's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the development.

(Ord. No. 4451, § 7, 12-11-2012)

8181-6.2 - Public hearings.

The Planning Director shall hold at least one (1) public hearing on any duly filed application that requires a discretionary decision unless the hearing requirement is waived pursuant to Section 8181-6.2.3. If the Director defers the application to the Planning Commission, the Planning Commission shall hold at least one (1) public hearing per the requirements of this Article.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4492, § 7, 6-21-2016)

8181-6.2.1 - Notice requirements.

The County shall give public notice of the hearing by publication in a newspaper of general circulation at least ten (10) calendar days prior to the hearing. In addition, the County shall provide notice of such hearing by first class mail at least ten (10) calendar days prior to the public hearing.

(a)

The notice shall be mailed to all of the following:

(1)

The owner of the subject property, or the owner's duly authorized agent;

(2)

The applicant, if different from the owner;

(3)

The Coastal Commission;

(4)

Each local agency whose ability to provide essential services or facilities within its jurisdiction may be significantly affected by the project;

(5)

All property owners within three hundred (300) feet and residents within one hundred (100) feet of the exterior boundaries of the Assessor's Parcel(s) on which the development is proposed. If the 300-foot radius does not include fifteen (15) or more parcels of real property, the radius shall be expanded until the owners of at least fifteen (15) parcels will be notified. Names and addresses shall be obtained, or cause to be obtained, by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one-eighth (⅛) page advertisement published at least ten (10) days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing;

(6)

Any person who has filed a written request with the Planning Director or the Clerk of the Board of Supervisors to be on the mailing list for that development project or for coastal decisions within the unincorporated area of the County of Ventura;

(7)

In the case of appeal hearings, notice shall also be provided to the applicant and, if applicable, to the County official, department, Board or Commission whose order, requirement, permit, decision or determination is the subject of the appeal.

(b)

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 number assigned to the application;

(4)

A description of the development and its proposed location;

(5)

The date, time and place of the hearing, and the identity of the hearing body or officer;

(6)

A brief description of the general procedure of the County concerning the conduct of hearings and actions; and

(7)

The system for County and Coastal Commission appeals, including local fees required.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4492, § 7, 6-21-2016)

8181-6.2.2 - Conduct of public hearings.

All public hearings shall be conducted in accordance with the Government Code and this Chapter.

(Ord. No. 4451, § 7, 12-11-2012)

8181-6.2.3 - Waiver of hearing for minor developments.

(a)

Consistent with Section 30624.9 of the Public Resources Code, the public hearing requirement for minor developments may be waived if all of the following occur:

(1)

Notice is sent to all persons consistent with the provisions of Section 8181-6.2.1, as well as all other persons known to be interested in receiving such notice;

(2)

The notice states that a public hearing will be held upon the request of any person;

(3)

No request for public hearing is received by the County within fifteen (15) working days from the date of sending the notice.

(b)

The notice provided pursuant to subsection (a) shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the County on a coastal development permit application.

(c)

Requests for a public hearing must be made in writing to the Planning Division, and must identify the reasons for such request.

(Ord. No. 4451, § 7, 12-11-2012)

8181-7 - Decisions.

Not more than 40 calendar days following the termination of hearings on an application request requiring a discretionary 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). A Resolution or Determination Letter rendering a decision on an application request shall recite such conditions and limitations as are 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 the Planned Development or Conditional Use Permit or variance.

8181-7.1 - Decision options.

The decision-making authority hearing a discretionary matter may approve, deny or modify, wholly or partly, the request being reviewed. The authority may impose such conditions and limitations as it deems necessary to assure that all applicable policies and specific requirements as well as the general purpose and intent of the LCP, including its land use plan and this Chapter, will be carried out, and further that the public interest, health, safety, and welfare will be secured. 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 an application request not appealed from 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. 4451, § 9, 12-11-2012)

8181-7.2 - Finality of decision.

A decision on an application for development shall be deemed final when:

a.

The decision has been rendered, and

b.

All required findings have been adopted, including specific factual findings supporting the legal conclusion that the proposed development is, or is not, in conformity with the certified LCP, and

c.

For decisions appealable to the Coastal Commission, all local rights of appeal have been exhausted.

(Ord. No. 4451, § 9, 12-11-2012)

8181-7.3 - Notice of final decision.

(This Section shall not apply to exempt or categorically excluded developments,) Within seven (7) calendar days of a final decision on an application for any development, the County shall provide notice of its action by first class mail to the applicant, the Coastal Commission, and any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the County. Said notice shall contain a brief project description, name and address of the applicant, any conditions of approval and written findings, and the procedures for appeal of the local decision to the Coastal Commission (for developments subject to appeal).

(Ord. No. 4451, § 9, 12-11-2012)

8181-7.4 - Effective date of decisions.

A decision by the County on a development request shall not be considered effective until:

a.

The appropriate appeal period (pursuant to Section 8181-9.2) has expired and no appeal has been filed, or

b.

After all valid appeals regarding the decision are settled by the appropriate decision-making body.

(Ord. No. 4451, § 9, 12-11-2012)

8181-7.5 - County failure to act.

(a)

If the County fails to provide public notice or hold a hearing on a proposed development as required by law, the applicant or their representative may either:

(1)

File an action to compel the County to provide the public notice or hold the hearing, or both, pursuant to Government Code Section 65956(a); or

(2)

File an appeal pursuant to Section 8181-9.2.

(b)

In the event that the County fails to act to approve or to disapprove a development project within the time limits required by Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code, the failure to act shall be deemed approval of the permit application, as long as the County (or the applicant) provides the public notice required by law and, if the notice is provided by the applicant, the County is given sixty (60) days to address its failure to act by acting on the application before it can be deemed approved. If the County has failed to provide public notice by the date sixty (60) days prior to the expiration of the time limit established by Section 65950 or 65952, the applicant may provide the required public notice in accordance Government Code Section 65956(b), which requires, among other things, that the applicant have first provided the County with seven (7) days advance notice of the applicant's intent to provide such notice.

(c)

Notification by the County. When a development is deemed approved pursuant to this Section, the County shall, within seven (7) calendar days of such approval, notify any person entitled to receive notice that it has taken final action by operation of law pursuant to Government Code Section 65956(b). The appeal period for projects approved by operation of law shall begin only upon receipt of the notice in the Coastal Commission office.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 9, adopted December 11, 2012, amended § 8181-7.5 to read as set out herein. Previously § 8181-