Zoning 608 Effect of a Pending a Land Use Ordinance, Official Map Amendment, or Temporary Land Use Regulation

1) An Applicant is entitled to action on a Land Use Application by the Land Use Authority, as applicable, if the application conforms to the requirements all Land Use Ordinances, in effect on the date the Treasurer/Recorder determines the application complete and all fees have been paid unless: a) The Land Use Authority, on the record, finds a compelling, countervailing public interest would be jeopardized by approving the application; or b) In the manner provided by this Chapter, and before the Land Use Application is filed, the County has formally initiated proceedings to amend a Land Use Ordinance, including this Ordinance, or Official Map, in a manner that would prohibit or otherwise effect the approval of the application, as submitted; or c) The BOCC, as provided by Section 607, has adopted a temporary land use regulation affecting the application. 2) An application for any Land Use Application approval affected by a pending Land Use Ordinance Amendment, Official Map Amendment, or Temporary Land Use Regulation shall be subject to the following: a) The application shall not be acted upon until one hundred eighty (180) days from the date when the pending Land Use Ordinance Amendment, Official Map Amendment, or Temporary Land Use Regulation was first noticed on a Commission or BOCC agenda, unless: i) The Applicant voluntarily agrees to amend the Land Use Application to conform to the requirements of the pending amendment or temporary land use regulation; or ii) One hundred eighty (180) calendar days have passed since the amendment proceedings were initiated or the adoption of the temporary land use regulation; or iii) A decision concerning the proposed amendment is made sooner than one hundred eighty (180) calendar days since the amendment proceedings were initiated. 3) Upon a decision on a Land Use Ordinance Amendment or Official Map Amendment Application by the BOCC, all decisions for any approval, permit or license filed during the period the Land Use Ordinance Amendment or Official Map Amendment is pending, or thereafter, shall conform to the requirements of the Land Use Ordinance or Official Map, as amended. 4) A Land Use Authority shall process an application without regard to proceedings initiated to amend a Land Use Ordinance or Official Map if: a) One hundred eighty (180) calendar days have passed since the proceedings were initiated; and b) The proceedings have not resulted in an enactment that would prohibit action on the application, as submitted; or c) One hundred eighty (180) calendar days have passed since the adoption of the temporary land use regulation. 5) An application shall be deemed “filed” when the application is determined complete by the Treasurer/Recorder. 6) When a proposed Land Use Ordinance Amendment or Official Map Amendment Application is pending, an application for any Land Use Application approval, permit, or license, as required by the Land Use Ordinances of the County, which may be affected by the proposed amendment, shall not be entitled to rely on the existing Land Use Ordinances or Official Map, which may be amended. CHAPTER 7 PERMITTED USE APPLICATIONS