§ 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.