§ 23.02.036. Final County Action on Development Permits.

After the Review Authority has acted on an application for development, the requirements of this section apply.

a.

Notice of Final County Action. Within seven calendar days of county completing its review and meeting the requirements of subsection c. of this section, the county 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, where required, who paid the fee established 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.

Notice of Failure to Act:

(1)

Notification by Applicant. If the county has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 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 county determines that the time limits established pursuant to Government Code Sections 65950-65937.1 have expired, the county shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to subsection b(1) of this section that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Coastal Commission pursuant to Section 13110 et seq. of Title 14 of the California Administrative Regulations. (This section shall apply equally to 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.)

c.

Finality of county action. A county decision on an application for a 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 Coastal Act (these can be found in Section 23.04.420 of this title and Sections 30210 through 30224 of the California Coastal Act); and

(2)

When all county rights of appeal have been exhausted as set forth in Section 23.01.043b (Exhaustion of county appeals).

(3)

For actions on Land Use Permits that are not appealable to the Coastal Commission under the standards of Section 23.01.043c, the Coastal Commission has received notice of Final County Action as required by parts a and b of this Section; and

(4)

For actions on Land Use Permits that are appealable to the Coastal Commission pursuant to Section 23.01.043c, the standards set forth in Section 23,02,039 have been satisfied.

[Amended 1995, Ord. 2740; 2004, Ord. 3001]