Chapter 2.40 — PLANNING DEPARTMENT

There is in the county a planning department hereafter in this chapter referred to as the department. The department shall be the planning agency as defined in the State Planning and Zoning Law.

(Prior admin. code § 5-20.01)

There is in the department a planning commission which consists of seven members, who shall not concurrently serve on a board of zoning adjustments. Each member of the commission shall be appointed by a majority vote of the board of supervisors. The supervisors representing Districts 1 and 4 shall be entitled to nominate not more than two persons for membership on the commission. The remaining supervisors shall each nominate not more than one person for membership on the commission. Within one year after each supervisorial redistricting, the board of supervisors shall review which supervisors shall be entitled to more than one nomination. After this review, the board in its discretion, may, but shall not be required to, modify the allocation of nominations in this paragraph.

(Ord. 2004-82 § 1: Ord. 2004-4 § 1 (part): prior admin. code § 5-20.02)

The board of supervisors shall select advisory members of the commission, one of whom shall be the county counsel; one of whom shall be the county surveyor; one of whom shall be a member of the board of supervisors; and one who shall be the county building official. These advisory members shall have no vote. An advisory member may designate one of his deputies to sit on the commission in his absence.

(Prior admin. code § 5-20.03)

The members of the commission shall be appointed for four-year terms. Any member of the commission may be removed at any time by majority vote of the board of supervisors.

(Prior admin. code § 5-20.04)

The members of the commission shall receive such compensation for their services as is specified in the annual salary ordinance, and shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties hereunder.

(Prior admin. code § 5-20.05)

The executive officer of the department is the planning director, appointed by the board of supervisors.

(Prior admin. code § 5-20.06)

The department and the commission, and the boards of zoning adjustments shall have all of the powers, duties and functions established for such department, commission and boards by the ordinances of the county and state law.

(Ord. 2002-60A (part): Prior admin. code § 5-20.07)

The commission may prepare and adopt rules and regulations for the internal government of its business and designate the time and place of holding its meetings.

(Prior admin. code § 5-20.08)

It shall be the duty of the planning department to prepare and maintain a comprehensive, long-term, general plan for the physical development of the county of Alameda. The plan may be referred to as the general plan and shall be officially certified as the general plan upon approval by the planning commission and adoption by the board of supervisors. It shall be the duty of the commission or department to make such other plans, studies and recommendations as may be deemed necessary to insure an orderly beneficial development of the county.

(Prior admin. code § 5-20.09)

The commission, boards of zoning adjustments and department shall perform all other duties and have all the powers relating to administration and enforcement of the zoning ordinance of the county, as provided by said ordinance and state law.

(Ord 2002-60A (part): Prior admin. code § 5-20.10)

The planning director is a member of the art commission, ex-officio.

(Prior admin. code § 5-20.11)

A.

East County Board of Zoning Adjustments. There is an East County Board of Zoning Adjustments, which consists of three members, who shall not hold any other county office nor be a county employee. This board shall have jurisdiction over all variances and conditional use permits except for those that the Board of Supervisors may from time to time determine to be under the jurisdiction of the planning commission, and shall fill all other functions as defined in Title 17 and other sections of the Alameda County Ordinance Code, including all functions formerly held by the zoning administrator except as may otherwise mandated by the Board of Supervisors, in and for the area covered by the East County Area Plan as adopted by the Board of Supervisors on May 5, 1994, or as may be modified by the board, plus that area of Supervisorial District 1 as adopted by the Board of Supervisors on August 14, 2001, located outside the East County Area Plan area, as shown on the map titled "East County Board of Zoning Adjustments Boundaries," dated January, 2002, on file with the Alameda County planning department. Each member of the board shall reside in the jurisdictional area of the board and shall be appointed by a majority vote of the Board of Supervisors. At least two members shall have some agricultural background. The supervisor representing District 1 shall be entitled to nominate not more than two persons for membership on the board. The supervisors representing Districts 1 and 2 shall be entitled to nominate jointly not more than one person for membership on the board.

B.

West County Board of Adjustments. There is a West County Board of Zoning Adjustments, which consists of five members, who shall not hold any other county office nor be a county employee. This board shall have jurisdiction over all variances and conditional use permits except for those that the Board of Supervisors may from time to time determine to be under the jurisdiction of the planning commission, and shall fill all other functions as defined in Title 17 and other sections of the Alameda County Ordinance

Code, including all functions formerly held by the zoning administrator except as may be otherwise mandated by the Board of Supervisors, outside the area covered by the East County board of zoning adjustments as shown on the map titled "East County Board of Zoning Adjustments Boundaries," dated January, 2002, on file with the Alameda County planning department. Each member of the board shall be appointed by a majority vote of the Board of Supervisors. Of the board members, one shall be a resident of the jurisdictional area of the Eden Area Municipal Advisory Council pursuant to Section 2.128.020 of this title, one shall be a resident of the jurisdictional area of the Castro Valley Municipal Advisory Council as established by the Board of Supervisors, one shall be a resident of the jurisdictional area of the Fairview Municipal Advisory Council pursuant to Section 2.126.020 of this title, and two shall be at-large members who are residents of the area within the "At-Large Member Boundary (Unincorporated West County area minus East County Board of Zoning Adjustments jurisdiction)" as outlined on the map titled "West County

Board of Zoning Adjustments Communities", dated May, 2020, on file with the Alameda County planning department. The supervisor representing District 3 shall be entitled to nominate the member from the Eden Area Municipal Advisory Council area and one at-large member. The supervisor representing District 4 shall be entitled to nominate the members from the Castro Valley Municipal Advisory Council area, the Fairview Municipal Advisory Council area, and one at-large member.

(Ord. 2002-60A (part))

(Ord. No. 2020-43, § 2, 6-23-20)

The members of the boards of zoning adjustments shall be appointed to four-year terms. For the initial appointments to the East County board of zoning adjustments, one member shall be appointed to a twoyear term, one to a three-year term, and one to a four-year term. For the initial appointments to the West County board of zoning adjustments, one member shall be appointed to a one-year term, one to a two-year term, one to a three-year term, and two to a four-year term. The length of the initial terms for each appointee shall be determined by lot. No member may serve more than two full four-year terms, nor more than ten years total. Any member of the boards may be removed at any time by majority vote of the board of supervisors.

(Ord. 2002-60A (part))

The members of the board of zoning adjustments shall receive such compensation for their services as is specified for the planning commissioners in the annual salary ordinance, and shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties hereunder.

(Ord. 2002-60A (part))

The East County board of zoning adjustments shall meet on the first and third Wednesday of each month. The West County board of zoning adjustments shall meet on the second and fourth Wednesday of each month. The first meeting of each month shall be held in the evening; the second meeting shall be held in the afternoon. The first meeting of each month may include an afternoon field trip to view properties that are the subject of applications before the board. Either board of zoning adjustments may hold special meetings as may be necessary to conduct its business.

(Ord. 2002-60A (part))

The boards of zoning adjustments may prepare and adopt rules and regulations for the internal government of its business.

(Ord. 2002-60A (part))