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Title: 21 - Coastal Zoning

Chapter: 51 - California Coastal Zone Entitlement Procedures--Local Appeals

Section: 10 - Final county action

     A. Finality of County Action. A county decision on an application for a development shall be deemed final when (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 (2) when all local rights of appeal have been exhausted as set forth herein.

     B.  Notice of Final County Action.

         1.  Notice After Final County Decision. (This section shall not apply to exempt development.) Within seven calendar days of a final county decision on an application for any development, the county shall provide notice of its action by first-class mail to the applicant, the California Coastal Commission, and to any persons who specifically re-quested notice of such final action who paid a reasonable fee to receive such notice. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the California Coastal Commission.

         2.  Failure to Act--Notice.

             a.  Notification by Applicant. If the county has failed to act on an application within the 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 California 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.

             b.  Notification by the County. When the county determines that the time limits established pursuant to 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 subsection B(1) of this section, that it has taken final action by operation of law pursuant to Government Code Sections 65950 through 65957.1. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the local government notice in the California Coastal Commission office. (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.)

     C.  Effective Date of County Action.

         1.  The county\'s final decision on an application for a project which is not appealable to the California Coastal Commission shall become effective after a ten-working-day appeal period or after the twenty-first calendar day following the final action, whichever comes first, unless an appeal is filed in accordance with Sections 21-.51.020 or 21.51.030.

         2.  The county\'s final decision on an application for a project which is appealable to the California Coastal Commission shall become effective after a ten-working-day appeal period to the Commission has expired or after the twenty-first calendar day following the final county action, whichever comes first, unless any of the following occur:

             a.  An appeal is filed in accordance with Sections 21.51.020 or 21.51.030

             b.  The notice of final county action does not meet requirements

             c.  The notice of final county action is not mailed to the California Coastal Commission office and/or interested parties in time to allow for the ten-working-day appeal period within the twenty-one calendar days after the local decision.

       Where any of the circumstances in subsections (a) through (c) above occur, the California Coastal Commission shall, within five calendar days of receiving notice, notify the local government and applicant that the effective date of the local government action has been suspended and that a new appeal period shall be set.

       3.  Where an appeal is filed pursuant to Section 21.51.020 or 21.51.030 the effective date shall be the date upon which final action is taken regarding the appeal.

 

(Ord. 83-03(part))