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 decisionmaking 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.

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)

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 § 8181-7.5 was titled notice after County fails to act.

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 Board of Supervisors in order to discharge their duties and responsibilities under this Article and Chapter.

Unless otherwise specified in this Ordinance Code or permit conditions, any permit hereafter granted 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. 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.