Excelaron

FACTS AND PROCEDURAL HISTORY

Excelaron is the owner, lessee, and assignee of claims to mineral estates in an unincorporated area of the County. On July 22, 2009, Excelaron filed an application with the County (the application) for a conditional use permit to drill and operate oil wells on the subject property (the project). The County Planning Commission (the Commission) voted to deny the application on March 8, 2012.2 Excelaron appealed to the County Board of Supervisors (the Board). On August 21, the Board voted to deny the appeal and uphold the Commission's decision to deny the application. On August 23, the County mailed Excelaron and its counsel a "Notice of Final County Action on Appeal" (the notice of final action). After advising that the County had taken "final action" on the application, the notice of final action stated: "Pursuant to Section 1.09.040 of the San Luis Obispo County Code, please be advised that the time within which judicial review must be sought is governed by the provisions of California Code of Civil Procedure section 1094.6 and Chapter 1.09 of the San Luis Obispo County Code (copy enclosed)." The enclosed copy of Chapter 1.09 of the San

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