Contra Costa County Municipal Code Ch. 26-2 Planning Agency

(a) Pursuant to Chapters 3 and 4 of Title 7 of the Government Code (Sections 65100 ff), the Contra Costa County planning agency is established.

(b) It consists of the following divisions:

(1) Board of supervisors;

(2) Planning commission;

(3) Planning department;

(4) Board of appeals;

(5) Zoning administrator;

(6) Advisory agency; and

(7) Area planning commissions.

(Ords. 77-62 § 1 (part), 77-33 § 2, 71-110 § 3, 1975: prior code § 2200: Ord. 917).

The composition and manner of appointment of, functions, duties and powers of, hearing and decision provisions applicable to the divisions of the planning agency shall be as set forth in this chapter.

(Ords. 77-62 § 1 (part), 1975: prior code §§ 2201, 2202, 2204: Ords. 1433, 971).

The time limits specified in this chapter may be extended by mutual consent of the parties concerned.

(Ords. 77-62 § 1 (part), 77-33 § 3).

Article 26-2.4. Planning Commission

The planning commission shall consist of seven members appointed by the board in the manner prescribed in Section 26-2.404.

(Ords. 79-135 § 1, 69-60 § 1, 1975: prior code § 2201.10: Ord. 917).

The seven members of the planning commission shall be appointed by the board on the basis that one member shall be nominated by each of the five supervisors and two members shall be nominated by the board of supervisors as a whole.

(Ord. 79-135 § 2, 1975: prior code § 2201.11: Ord. 917).

The appointive commissioners serve for four-year terms beginning on July 1st and ending on June 30th and when the successor qualifies. In-term replacements serve for the departed commissioner's unexpired term. The present nominated and appointed commissioners' terms end on June 30th, and thereafter appointed successors, terms begin on July 1st of the following years:

Supervisor of District No. 1—1979,

Supervisor of District No. 2—1981,

Supervisor of District No. 3—1981,

Supervisor of District No. 4—1979,

Supervisor of District No. 5—1979, 1981, and

Whole Board (at large)—1980 and 1982.

(Ords. 78-84, 78-74, 73-58 § 1, 1975: prior code § 2201.12: Ord. 917).

The planning commission shall:

(1) Exercise all powers and duties prescribed by law (statute, ordinance or board order), including consideration of matters referred to it by the zoning administrator except those powers and duties specifically reserved or delegated to other divisions of the planning agency;

(2) Initiate preparation of general plans, specific plans, regulations, programs and legislation to implement the planning power of the county;

(3) Be generally responsible for advising the legislative body of matters relating to planning, which, in the opinion of the commission, should be studied;

(4) Be the advisory agency as designated in Title 9 of this code for the purpose of passing on subdivisions;

(5) Hear and decide all applications or requests for proposed entitlements estimated to generate one hundred or more peak hour trips unless otherwise provided by this code or board order; and

(6) Hear and make recommendations regarding proposed development agreements when it is hearing the related project applications being processed concurrently with the development agreements.

(Ords. 92-73 § 2, 92-66 § 1, 91-50 § 1, 77-33 § 4, 1975: prior code § 2202.20: Ord. 917).

Article 26-2.6. Advisory Agency and Minor Subdivision Review Committee

For the purposes of the Subdivision Map Act, Division 2 of Title 7 of the Government Code, the advisory agency shall consist of the planning commission and zoning administrator who shall pass on subdivisions as provided in Title 9 of this code.

(Ord. 77-33 § 5).

(a) The minor subdivision review committee is established and shall consist of one representative for each of the following departments or groups who shall be designated by the respective department's chief administrative officer:

(1) Building inspection department;

(2) Health department;

(3) Planning department;

(4) Public works department and the Contra Costa Flood Control and Water Conservation District.

(b) The minor subdivision review committee shall:

(1) Review all minor subdivision applications,

(2) Prepare a report and recommendation on each minor subdivision application for submittal to the zoning administrator for consideration prior to a decision being made on an application.

(Ord. 77-33 § 5).

Article 26-2.8. Planning Department

The planning department shall:

(1) Perform the duties required for the proper preparation and administration of the general plans, as provided by statute and ordinance;

(2) Perform the duties required for the proper preparation and administration of specific plans and regulations as provided by statute and ordinance;

(3) Provide administrative support and professional advice to the planning commission, area planning commissions, board of appeals, and zoning administrator;

(4) Perform special studies and surveys as directed by the board of supervisors;

(5) Based upon the general plan and other information available to it, evaluate applications or requests for entitlements made pursuant to this chapter and Titles 8 or 9 and estimate whether the proposed entitlement would generate one hundred or more or less than one hundred peak hour trips.

(Ords. 92-66 § 2, 91-50 § 2, 77-62 § 2, 77-33 § 6, 1975: prior code § 2202.40: Ord. 917).

Article 26-2.10. Board of Appeals

The board of appeals shall be composed of the voting members of the planning commission.

(Ord. 1975: prior code § 2201.40: Ord. 917).

The board of appeals shall hear and decide all appeals from decision of the zoning administrator.

(Ords. 77-33 § 7, 1975: prior code § 2202.60: Ord. 917).

Article 26-2.12. Zoning Administrator

The community development director is designated as the zoning administrator, except that the director may appoint in writing one or more deputy zoning administrators, and may assign to each deputy zoning administrator one or more of the zoning administrator's powers and duties as set forth in section 26-2.1204. The director may further assign deputy zoning administrators to act on matters within limited or specified geographical areas, including special districts, school districts and within the geographical boundaries of agencies and authorities governed by the board of supervisors.

(Ords. 97-23 § 2, Ord. 1975: prior code § 2201.50: Ord. 917).

Unless otherwise provided by this code, the zoning administrator and deputy zoning administrators, consistent with the scope of and to the extent specified by the community development director in their appointment, shall:

(1) Hear and decide all applications for variance permits, including off-street parking and loading requirements, highway setback requirements and sign requirements. Further, the zoning administrator shall review and decide all site, development, elevations, off-street parking and loading and landscaping plans and drawings, and plans and drawings for location, size and design of signs. Where matters covered by this paragraph are requested with the filing of a tentative minor subdivision map, the entire application shall be considered by the division charged with reviewing the map;

(2) Hear and decide all requests for conditional use permits (also referred to as land use permits);

(3) Be part of the advisory agency for the purpose of passing on minor subdivision and tentative maps as specified in Title 9 of this code;

(4) Hear and decide all applications or requests for proposed entitlements estimated to generate less than one hundred peak hour trips;

(5) Hear and make recommendations regarding proposed development agreements when such agreements are processed separately from the development project applications; and

(6) Hear and act on such other matters as specifically assigned by ordinance or board resolution or order.

(Ords. 97-23, § 2; 92-73 § 3: 92-66 § 3, 1992: 91-50 § 3, 77-33 § 8, 1975: prior code § 2202.50: Ord. 917).

The zoning administrator or deputy zoning administrator may, on the zoning administrator's or deputy zoning administrator's own motion and without prior notice or hearing refer any of the matters covered by Section 262.1204 to the planning commission for hearing, consideration and initial decision.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 97-23 § 2; 77-33 § 9).

Article 26-2.14 Board of Supervisors

The board of supervisors, as the legislative body, shall:

(1) Exercise all appointing power provided under state law and this chapter including appointment of the director of planning, and the voting members of the planning commission in the manner prescribed in Section 26-2.404;

(2) Adopt general and specific plans, regulations and ordinances;

(3) The functions specified in Government Code Section 65401 shall be performed by the county administrator and board of supervisors;

(4) Be the final appellate body on all matters as specified in this chapter.

(Ord. 1975: prior code § 2202.10: Ord. 917).

Article 26-2.15. Area Planning Commissions

Each regional planning commission established pursuant to this article shall consist of regional area resident members appointed by the board of supervisors for staggered terms of four years, and subject to removal by the board at its pleasure.

(Ord. 88-75 § 1, 86-47, 79-127 § 1, 77-62 § 3: See Gov. C. §§ 65101 and 65902).

(a) Each east county regional planning commission member is appointed by the board of supervisors and is subject to removal by the board at its pleasure.

(b) Notwithstanding the provisions of Section 26-2.1502, from and after the effective date of Ordinance No. 2009-07, the term of each east county regional planning commission member is coterminous with, and expires at the expiration of, the term of the county supervisor who represents the unincorporated community where the commission member resides. A commission member whose term expires shall continue to serve until a successor is appointed. A commission member is eligible for reappointment to additional terms.

(c) Any vacancy on the east county regional planning commission shall be filled by the board of supervisors by appointment for the remainder of the unexpired term.

(Ord. No. 2009-07, § II, 3-31-09)

Each regional planning commission in its territory has all functions, powers and duties assigned or delegated to the planning commission in this chapter and Title 9 of this code, except the following functions, powers, and duties which remain with the planning commission or zoning administrator:

(1) All applications and requests specified in Section 26-2.1204 shall continue to be heard and decided by the zoning administrator.

(2) All recommendations concerning proposed amendments to this code, required by law or requested by the board, shall be made by the planning commission unless the board directs regional planning commission recommendations.

(3) All initiation, consideration and recom-mendations concerning general plan amendments, required by law or requested by the board, shall be made by the planning commission unless the board directs exclusive regional planning commission consideration and recommendation on a proposal of local interest.

(4) All initiation, consideration, recommendations or decisions on applications, proposals or matters involving county-wide transportation, airports (Division 86), waste sites (including Chapter 418-4), detention, hospital, reservoir or fire facilities, shall be made by the planning commission unless the board directs exclusive regional planning commission consideration, recommendation or decision on any specifically assigned application, proposal or matter.

(5) Such other applications, proposals or matters that may be specifically assigned by board determination or order to the planning commission.

(Ords. 86-47, 85-14 § 2, 78-27, 7-62 § 3).

When the board refers any proposed general plan change or addition concerning a regional planning commission's territory to that commission for review and comment, it shall provide the board with its written comment on the proposed change or addition.

(Ords. 86-47, 85-14 § 3, 78-27, 77-62 § 3).

All appeals from decisions of regional planning commissions shall be heard and decided by the board of supervisors.

(Ords. 86-47, 77-62 § 3).

(1) Planning Commission. Whenever the board determines or orders that application(s) or matter(s) otherwise involving functions, powers or duties assigned or delegated to a regional planning commission be done and completed by the planning commission, the planning commission shall have exclusive jurisdiction to perform and complete those specifically signed functions, powers or duties for the purposes of this chapter and Title 9 of this code.

(2) Regional Planning Commission. Whenever the board determines or orders that application(s) or matter(s) otherwise involving functions, powers or duties assigned or delegated to the planning commission be done and completed by a regional planning commission, the regional planning commission shall have exclusive jurisdiction to perform and complete those specifically assigned functions, powers or duties for the purposes of this chapter and Title 9 of this code.

(Ord. 86-47).

The San Ramon Valley regional planning commission is established and shall have seven members and as its territorial area of jurisdiction all of the unincorporated territory covered by the San Ramon Valley General Plan adopted by the board on May 24, 1977, by Resolution No. 77/436, and future amendments thereto.

(Ords. 97-37 § 1, 95-43 § 1, 93-85 § 1, 92-66 § 5, 92-5 § 1, 88-75 § 3, 66-47, 77-62 § 3).

The east county regional planning commission is established and shall have five members. The commission shall have a member from each of the following five unincorporated communities: Bay Point, Bethel Island, Byron, Discovery Bay and Knightsen. The commission's territorial area of jurisdiction is all of the unincorporated territory located in the area bounded on the north, east and south by the Contra Costa County line and on the west by a line beginning at the most northwesterly point of the Delta Diablo Sanitation District and following the westerly border of that district and the extension of that boundary line to the south to its intersection with the Concord city limit line, following a northeasterly and then southeasterly direction along the easternmost Concord city limit line, following a northeasterly and then southeasterly direction along the easternmost Concord city limit and sphere of influence line to its intersection with the Clayton sphere of influence line, following the line to its northeasternment point, and from that point to the southwest corner of the Black Diamond Regional Reserve, following the southern border of that reserve to its most southeastern corner, and from that point due south to its intersection with the easternment boundary of the San Ramon Valley Area general plan and following that boundary in a southeasterly direction to its intersection with the Contra Costa and Alameda County line. The "East County Regional Planning Commission Boundary Description Map," which is on file with the clerk of this board, is adopted by this reference and available for public inspection in the community development department.

(Ords. 99-56 § 2, 99-55 § 2, 97-37 § 1, 95-43 § 1, 93-85 § 1, 92-66 § 5, 92-45 § 1, 91-50 § 4, 88-75 § 3, 88-65 § 1, 86-47).

Sections 26-2.1510 and 26-2.1512 of the County Ordinance Code are repealed and of no further force and effect beginning on October 6, 2009, unless this board otherwise provides before then.

(Ords. 2008-26 § 2, 2007-46 § 2, 2007-45 § 2, 2003-20 § 2, 2003-19 § 2, 99-50 § 2, 99-49 § 2, 97-36 § 1).

Article 26-2.16. Application

Application for rezoning, conditional use, variance, special permits or any other matter designated to come before the planning agency shall be made to the planning department.

(Ord. 1975: prior code § 2203: Ord. 917).

A qualified applicant is any person or firm, or authorized agent, having a freehold interest in the subject land; or having a possessory interest entitling the applicant to exclusive possession; or having a contractual interest which may become a freehold or exclusive possessory interest and is specifically enforceable. Proof of such an interest may be required. A person acting as agent for a qualified applicant must attach a copy of written authority to act.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1975: prior code § 2203.10: Ord. 917).

In accordance with Article 26-2.28, fees shall be paid with the submission of an application for filing of a request for rezoning, conditional (land) use permit, variance permit, development plan permit, other special permit, and planned unit district rezoning or final development plan approval.

(Ord. 74-2 § 1, 1974: Ord. 1975: prior code § 2203.13: Ord. 917).

Article 26-2.18. Rezoning

Application form for rezoning shall include, but is not limited to, a map description of the subject property, names of adjoining streets and property owners, zoning and general plan designation of subject and adjoining property, zoning history of subject property, a brief description of the justification for the request and a statement of how the request conforms to, and is consistent with, the applicable general and specific plans. The planning department may adopt a form which will be used for applications.

(Ords. 85-56 § 2, 1975: prior code § 2203.11: Ord. 917).

If any application for rezoning involving reclassifying certain land(s) from one zoning district to another is not granted, no new application therefor shall be made or accepted within one year after final action on the earlier application, unless:

(1) Less intensive land uses are allowable in the newly proposed zoning district than in the earlier one; and

(2) The planning director finds that the circumstances have materially changed since the earlier application was first filed.

"Materially changed circumstances" means:

(1) A change in zoning districts or land uses on or near the land(s); and/or

(2) A change in the land area for which reclassification is proposed; and/or

(3) An amendment to the county general plan which may affect the property.

(Ord. 72-49 § 1, 1972: prior code § 2203.11a).

The planning department shall schedule and give notice of hearing for zoning and applications for rezoning as required by Government Code Sections 65854 and 65854.5.

(Ords. 78-54 § 1, 1975: prior code § 2203.14: Ord. 917, 856).

An application for rezoning is a request for change of the land use district applicable to the subject property or to amend the uses permitted in a land use district. Before ordering such change the planning agency shall determine that:

(1) The change proposed will substantially comply with the general plan;

(2) The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts;

(3) Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success.

(Ord. 1975: prior code § 2204.20: Ord. 917).

Article 26-2.20. Variance, Conditional Use and Special Permits

Except as waived by the planning director the application form for a conditional use, variance or special permit shall include, but is not limited to, the following:

(1) A plot plan drawn to scale indicating dimensions and area of the subject property;

(2) Locations of existing and proposed improvements on the subject property;

(3) Names of adjoining property owners;

(4) Names of adjoining streets;

(5) Locations of existing improvements on adjacent properties;

(6) A statement of how the request is consistent with, and will further the goals and objectives of the general plan including, but not limited to, its community facilities element; and

(7) Where extreme grades exist the direction of slope and other facts necessary to accurately depict the request exception in relation to the subject and adjacent properties. The planning department may adopt a form which will be used for applications.

(Ords. 85-56 § 3, 1975: prior code § 2203.12: Ord. 917).

If any application for a conditional use permit, variance, or special permit is denied (unless the denial is without prejudice to refiling) no new application shall be made or accepted within one year after the effective date of denial, unless:

(1) The applicant shows material change in the circumstances upon which the denial was based; and

(2) The planning director accepts the new filing on these grounds. If the planning director rejects the new application, the planning director shall communicate the reasons for rejection to the applicant.

"Materially changed circumstances" means that:

(A) The proposed use or variance is significantly different from that originally applied for; and/or

(B) The lot involved has been diminished or enlarged with the result that the proposed use or variance would be more compatible to the revised lot than the situation originally applied for; and/or

(C) There has been a change in zoning classification which significantly affects this land.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 72-49 § 2: prior code § 2203.12a).

(a) Mail—Addresses. Except as provided by Article 26-2.21, the planning department shall schedule a hearing before the appropriate division and mail notice thereof pursuant to Government Code Section 65905. The mail notice shall be given, by postage prepaid first-class United States mail, to all owners of real property within three hundred feet of the subject land, using addresses from the last equalized assessment roll, or from such other records (as the assessor's or tax collector's) as contain more recent addresses in the opinion of the planning director.

(b) Contents. The notices shall state the time, date and place of the hearing, the general nature of the application, and the street address, if any, of the property involved or its legal or boundary description if it has no street address. Substantial compliance with these provisions for notice is sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this article.

(c) Revocations. Notice of hearings on revocations shall be given in the same manner as on applications.

(Ords. 80-87 § 1, 78-54 § 2, 1975: prior code § 2203.15: Ords. 917 § 5.1, 856 § 1, 382 § 7: see Gov. C. § 65901).

An application for a variance permit is an application to modify zoning regulations as they pertain to lot area, lot building coverage, average lot width, lot depth, side yard, rear yard setback auto parking space building or structure height, or any other regulation pertaining to the size, dimension, shape or design of a lot, parcel, building or structure, or the placement of a building or structure on a lot or parcel. The division of the planning agency hearing the matter either initially or on appeal shall find the following conditions that must exist prior to approval of an application:

(1) That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located;

(2) That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district;

(3) That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. Failure to so find shall result in a denial.

(Ord. 1975: prior code § 2204.30: Ord. 917).

An application for a conditional use permit is an application to establish a conditional land use within a land use district which does not allow establishment by right, but does allow the granting of a land use permit after a public hearing. The division of the planning agency hearing the matter either initially or on appeal, shall find the following before granting the permit:

(1) That the proposed conditional land use shall not be detrimental to the health, safety and general welfare of the county;

(2) That it shall not adversely affect the orderly development of property within the county;

(3) That it shall not adversely affect the preservation of property values and the protection of the tax base within the county;

(4) That it shall not adversely affect the policy and goals as set by the general plan;

(5) That it shall not create a nuisance and/or enforcement problem within the neighborhood or community;

(6) That it shall not encourage marginal development within the neighborhood;

(7) That special conditions or unique characteristics of the subject property and its location or surroundings are established. Failure to so find shall result in a denial.

(Ord. 1975: prior code § 2204.40: Ord. 917).

An application for a special permit shall be primarily governed by the code provision authorizing its issuance, but in the absence of specific standards, either the standard prescribed for variance or conditional use permits shall apply, whichever is deemed more appropriate.

(Ord. 1975: prior code § 2204.50: Ord. 917).

Conditional use, variance and special permits and licenses issued pursuant to this chapter or Title 8 of this code shall terminate as provided in Sections 26-2.2014 through 26-2.2018.

(Ords. 77-33 § 10, 1975, 1495: prior code § 2206: Ord. 917).

A permit issued under provisions of this chapter shall be deemed to be exercised, used or established when, within one year of the granting, or within the time otherwise specified on the permit, a building permit is issued by the building inspector for the purpose and location described on the permit, providing that the building permit does not expire. If no building permit is required under the building code to establish such variance, use or other matter granted, then the permit shall be deemed to be exercised, used or established when clear and visible evidence is demonstrated on the subject property as to its beginning and continual development thereafter until completed.

Upon a showing of good cause therefor, the director of planning may extend the period of a permit, in which it is to be exercised, used or established, for a maximum of one additional year.

A time period stated in the permit shall govern over this provision.

(Ord. 1975: prior code § 2206.10: Ord. 917).

If a use is established according to the terms and conditions of a permit and the use is discontinued for any reason for a period of six months, the permit shall become void and the use shall not be resumed. Upon application during the six months period by the owner and upon a showing of good cause the director of planning may grant an extension not to exceed a total of six months.

(Ord. 1975: prior code § 2206.20: Ord. 917).

Any permit previously issued which expired, was revoked or became void under any provision of law then in effect shall not be revived by any of these provisions.

(Ord. 1975: prior code § 2206.30: Ord. 917).

Conditional use, variance and special permits are subject to the enforcement provisions of Sections 26-2.2022 through 26-2.2030 and all other enforcement remedies allowed by law.

(Ords. 2008-04 § 2, 1975: prior code § 2207: Ord. 917).

A permit may be modified, suspended or revoked on any of the following grounds:

(a) The failure to comply with any term, limitation or condition of the permit;

(b) The property or portion thereof subject to the permit is used or maintained in violation of any requirement of this code;

(c) The use for which the permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

(d) The permit was issued in whole or in part on the basis of a misrepresentation or omission of a material statement in the permit application or in the applicant's testimony at any public hearing on the permit;

(e) A license required for the conduct of the business on the premises covered by the permit has been suspended or revoked;

(f) Any permittee, operator, or employee has been convicted of a violation of federal law or state law or county ordinance in connection with the operation of the permitted use.

(Ords. 2008-04 § 3, 1975: prior code § 2207.10: Ord. 917).

(a) Except as otherwise provided in this section, the hearing on modification, suspension or revocation will be scheduled by the planning department before the division of the planning agency having initial authority to grant the permit.

(b) If within the last two years the board of supervisors has made a decision on the permit, the hearing on modification, suspension or revocation will be scheduled before the board.

(c) The planning department will give notice of the hearing pursuant to Section 26-2.2004. The notice will contain the information specified in Section 26-2.2004 and will also state the ground or grounds for modification, suspension or revocation.

(Ords. 2008-04 § 4, 85-20 § 1, 1975: prior code § 2207.30: Ord. 917).

The hearing shall be conducted according to any rules of procedure adopted for initial hearing, except that the department shall have the burden of proving the charges and shall open and close the hearing.

(Ord. 1975: prior code § 2207.30: Ord. 917)

(a) The division of the planning agency hearing the matter will render its decision and make findings in support of its decision in writing.

(b) The division of the planning agency hearing the matter may order one or more of the following, based on the nature, severity and frequency of the violations:

(1) Modified permit terms, limitations or conditions;

(2) Additional permit terms, limitations or conditions;

(3) Requirements for monitoring, or additional monitoring, of the property at the permittee's expense to determine compliance with permit terms, limitations and conditions;

(4) A specified probationary period for correction of violations;

(5) A future review at a time specified;

(6) Permit Suspension. If a permit is suspended, the use or activity authorized under the permit shall cease for the term of the suspension. If the use or activity continues during the term of the suspension, each day the use or activity occurs during the term of the suspension is a separate code violation;

(7) Permit Revocation. If a permit is revoked, the use or activity authorized under the permit shall terminate. If the use or activity continues following the revocation, each day the use or activity occurs is a separate code violation.

(Ords. 2008-04 § 5, 1975: prior code § 2207.40)

If the permittee is dissatisfied with the decision, the permittee may appeal as provided in Section 26-2.2406. The appeal shall be on the record only consisting of the application, a transcript of all testimony and map, plans or other exhibits offered in evidence. The appellant, in addition to payment of the fee on appeal, shall deposit with the planning department the estimated cost of preparing the record on appeal, any unused portion of which shall be refunded. The record on appeal shall consist of one original and sufficient copies to provide one copy for the appellant and one copy for each member of the division hearing the appeal.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2008-04 § 7, 1975: prior code § 2207.50: Ord. 917)

Article 26-2.21. Administrative Decisions

Unless otherwise required by this article, the zoning administrator may, without public hearing, decide applications for any of the following:

(a) A variance permit pursuant to subsection (1) of Section 26-2.1204.

(b) A minor subdivision pursuant to subsection (3) of Section 26-2.1204, including an application for improvement exceptions.

(c) A small lot occupancy permit pursuant to subsection (c) of Section 82-10.002.

(d) A wireless facility access permit pursuant to Chapter 88-24.

(e) A short-term rental permit that does not meet one or more of the short-term rental regulations specified in Section 88-32.602.

(f) An industrial hemp cultivation permit renewal pursuant to Section 88-34.412.

(g) A sign permit pursuant to Chapter 88-6.

(Ord. No. 2022-03, § III, 5-24-22; Ord. No. 2021-21, § III, 7-27-21; Ord. No. 2020-12, § III, 6-2-20; Ord. No. 2020-01, § III, 1-21-20; Ord. No. 2017-11, § III, 5-23-17; Ord. No. 2016-11, § III, 5-24-16; Ord. No. 2011-05, § V, 3-15-11; Ords. 95-51, § 3, 80-87 § 2: See Gov. C. § 65901)

Before the zoning administrator decides any application pursuant to this article, the planning department shall mail or deliver notice of intent to decide the application pursuant to Government Code Section 65901 and the notice provisions of Section 26-2.2004. The notice shall state the last day to request a public hearing on the application (which shall be no less than ten days after date of mailing or delivery), the general nature of the application (including any subdivision exception requested), and the street address, if any, of the property involved or its legal or boundary description if it has no street address.

(Ord. 80-87 § 2: see Gov. C. § 65901)

If, within ten calendar days after mailing or delivery of the notice of intent, a written request for public hearing is filed with the planning department, it shall schedule a public hearing on the application in accordance with applicable provisions of this chapter and mail notice thereof to the applicant, the owner and any other persons requesting a hearing.

(Ord. 80-87 § 2: See Gov. C. § 65901)

Article 26-2.22. Hearings

Hearings shall be conducted in accordance with rules that may be adopted by the respective divisions of the planning agency, within the intent expressed in Government Code Sections 65800, 65801, 65802, and 66451. The applicant shall have the burden of producing evidence to convince the agency hearing the matter that all standards are met and the intent and the purpose of the applicable regulations and goals and objectives of the general plan will be satisfied. Failure to satisfy this burden shall result in a denial.

(Ords. 77-33 § 11, 1975: prior code § 2204.10: Ord. 917).

Assignment for initial hearing shall be as follows:

(Ords. 77-33 § 12, 1975: prior code § 2204.60: Ord. 917).

In approving a subdivision, parcel map, conditional use, special or variance permit the division of the planning agency deciding the matter, initially or on appeal, may limit or condition the approval so as to assure the intent and purpose of applicable standards and regulations will be met and the goals and objectives of the general and specific plans will be achieved. Such approval may be made subject, but is not limited to, conditions imposing dedication, improvements, dimensional restrictions, site plan approval, architectural standards, access controls, time limit, supplemental review, phasing of improvements, planting or screening.

(Ord. 1975: prior code § 2204.70: Ord. 917).

All decisions shall be made in writing and filed with the planning department. A decision of any division of the planning agency, except a general or specific plan matter or a matter requiring adoption of an ordinance, shall be final when filed with the planning department, unless an appeal is filed within the time allowed. Acceptance of the decision shall constitute an agreement on behalf of the applicant and owner, their heirs, successors and assigns, to comply with all the terms and conditions and statutes. A true copy of the permit shall be delivered by the seller to the buyer of the entire parcel or any portion of the property affected by the permit.

(Ord. 1975: prior code § 2204.80: Ord. 917).

Decisions shall be rendered after the closing of the hearing by divisions of the planning agency on or before the times specified:

(1) Zoning administrator, thirty calendar days;

(2) Planning commission, forty-five calendar days;

(3) Board of appeal, forty-five calendar days;

(4) Board of supervisors, ninety calendar days;

(Ords. 77-33 § 13,1975: prior code § 2204.90: Ord. 917).

Notwithstanding the time limits specified in Section 26-2.2210, unless the time limits specified by the Subdivision Map Act and this chapter have been waived or the subdivision map under consideration is being considered in conjunction with or is conditioned upon the obtaining of a zoning variance, final development plan or rezoning, all hearings and decisions of the divisions of the planning agency regarding the approval (initial or on appeal) of subdivision maps, but not including parcel maps and tentative maps therefor, will be done on or before the times specified in Chapter 3 (Gov. C. §§ 66541 ff.) of the Subdivision Map Act.

(Ord. 77-33 § 14).

Article 26-2.23. Subdivisions

Whenever a public hearing is held concerning a tentative, parcel or final subdivision map, or the kind, nature or extent of the improvements required for a subdivision, or a reversion to acreage, the planning department shall schedule a hearing before the appropriate division, and give published and mailed notice thereof pursuant to Government Code Sections 66451.3 and 66451.4.

(Ord. 82-36 § I).

Article 26-2.24. Appeals

Appeal from any decision of a division of the planning agency shall be governed by the provisions set forth in this article.

(Ords. 77-33 § 15 (part), 1975: prior code § 2205: Ord. 917).

(a) Appellants. Only the following may appeal and only on the following grounds.

(b) Subdivisions. In the case of a subdivision:

(1) The subdivider, from any decision concerning the tentative map, or the kinds, nature, and extent of improvements required for the subdivision; and

(2) Any interested person adversely affected by a decision concerning a tentative map, or the kinds, nature and extent of improvements required for the subdivision, or the matters set forth in Government Code Sections 66473.5, 66474, 66474.1, and 66474.6.

(c) Other Matters. On other matters: any person (including an applicant) may appeal if:

(1) The person's property rights or the value of the person's property is adversely affected and the decision does not comply with the general plan; or

(2) Required standards, identified by appellant, are not satisfied by the evidence presented at the hearing for rezoning, conditional use, variance, plan, or special permit; or

(3) Specified findings of the planning division appealed from are not supported by the evidence before it; or

(4) Specified limitations or conditions imposed on granting a conditional use, variance, plan, or special permit are unreasonable; or

(5) Specified limitations or conditions recommended but not imposed should reasonably be imposed in granting a conditional use, variance, plan, or special permit.

(d) County Agency. A department or agency of the county may appeal if it has administrative responsibility in a matter which is adversely affected by the granting of a conditional use, variance, plan, or special permit or by a planning agency subdivison decision. In such a case no appeal fee shall be required but the department or agency shall be charged with the cost of required notice.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 83-63,77-33 § 15,75-19: prior code § 2205.10: Ord. 917).

An appellant may appeal a decision of a division of the planning agency, to the appellant division indicated, by filing a written notice of appeal, specifying the grounds for appeal, with the planning department within the calendar time herein allowed upon payment of the fees prescribed by Article 26-2.28:

(Ords. 82-24,77-33 § 15 (part), 74-2 § 2,1975: prior code § 2205.20: Ord. 917).

A motion for reconsideration may be filed in writing by an appellant within the time allowed to appeal alleging pertinent factual or legal matters which were not brought to the attention of the division rendering the decision. Such motion shall be decided by the division at its next meeting on the basis of the information presented in writing. If the motion is denied, the time to appeal shall be extended only the number of days required to hear and decide the motion. If the motion is granted, persons recording their appearance at the initial hearing shall be given mailed notice of the time of the new hearing.

(Ords. 77-33 § 15 (part), 1975: prior code § 2205.40: Ord. 917).

A decision of any division of the planning agency shall be final upon the expiration of the time herein allowed for appeal; except that, if an appellant has perfected on appeal, that portion of the decision appealed from is suspended pending final disposition.

(Ord. 77-33 § 15 (part), 1975: prior code § 2205.50: Ord. 917).

The appropriate appellate division as indicated in Section 26-2.2406 shall set the tentative map (but not including parcel maps and tentative maps therefor) for hearing. Such hearing shall be held and the appellate division shall render its decision on the appeal as provided in Chapter 3 (Gov. C. §§ 66451 ff.) of the Subdivision Map Act. The decision shall comply with the provisions in the Subdivision Map Act and in particular Government Code Sections 66473, 66473.5 and 66474, and shall include any findings required by said Act. The abovementioned time limits shall not apply where they have been waived by appellant or the tentative map under consideration is being considered in conjunction with or is conditioned upon the obtaining of a necessary zoning variance, rezoning or the approval of a final development plan.

(Ord. 77-33 § 15).

Article 26-2.26. Conditional Zoning

On the planning commission's recommendation, the board of supervisors may impose conditions on the zoning reclassification of property.

(Ord. 71-18 § 1 (part), 1971: prior code § 2204.72(a)).

These conditions shall be those only which the board determines, after considering the commission's recommendations, to be necessary to avoid circumstances inimical to the public health, safety or general welfare, or to fulfill public needs reasonably expected to result from the allowable uses and/or development; and the conditions shall be reasonably so designed, and reasonably related to the necessities of each case considering all the relevant facts.

Further, these conditions shall relate to special problems of the property if rezoned, such as water supply, sewers, utilities, drainage, grading or topography, access, pedestrian or vehicular traffic, or proposed physical developments affecting nearby properties.

(Ord. 71-18 § 1 (part), 1971: prior code § 2204.72(b)).

The ordinance reclassifying the property shall not be operative until the conditions have been satisfied, or assurance provided by way of contract (with adequate surety), as found and declared by board resolution.

(Ord. 71-18 § 1 (part), 1971: prior code § 2204.72(c)).

Article 26-2.28. Fees

Each person who applies for, requests, receives, or appeals a land use permit or other entitlement or service furnished by the community development department shall at the time of such application, request, receipt, or appeal pay the applicable fee or fees established by the board of supervisors.

(Ords. 86-95 § 3,74-2 § 3).

(a) Environmental impact reports prepared by county staff shall be charged at cost against money deposited in advance by the applicant. Environmental impact reports prepared by consultants engaged by the county will be charged against money deposited in advance by the applicant and shall include an additional nonrefundable twenty-five percent of the consultant's fee for community development department costs in support thereof. If the cost exceeds the applicant's deposit, the applicant shall pay the excess costs to the county upon initial hearing on the proposed action. If the cost is less than the deposit, any excess shall be refunded to the applicant.

(b) The director of community development may waive part or all of the fee for a planned unit district final development plan EIR if the director finds, in accordance with the state CEQA guidelines, that the preliminary development plan EIR is appropriate for final development plan consideration.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 86-95 § 4,74-2 § 3).

Whenever the director of community development determines that a person has begun an illegal land use without first applying for and obtaining all required permits or entitlements, the person shall apply as soon as practicable and pay a fee of one and one-half times the normal fee, and the person remains subject to other penalties and enforcement procedures.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 86-95 § 5).

If an application, filing, or appeal is withdrawn before any required notice is given but after processing work has begun, the director of community development shall authorize a partial or complete refund of required fees which exceed the cost of the work performed. Once any required notice is given, no refund may be granted.

(Ords. 86-95 § 6,74-2 § 3).

The director of community development may waive the fees required by this article for applications filed by community interest, nonprofit groups receiving substantial financial support from public entities for public service activities which are determined by the director to be for the welfare of the county because they relieve the county of directly performing them.

(Ord. 86-95 § 7).

Whenever an applicant elects to post a faithful performance bond in lieu of improvements required in conditions of approval, the applicant shall pay an additional nonrefundable five percent of estimated improvement costs in cash, check or money order (but not less than one hundred dollars nor more than five hundred dollars) for administrative costs in connection with bond processing.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 86-95 § 8).

The community development department shall charge for those services rendered prior to approval of land use entitlements and through occupancy, in order to ensure compliance with all the conditions of project approval. The fee will be ten dollars per permit or forty percent of the building permit fees, whichever is greater. The fee shall be collected by the building inspection department at the time of collection of other building permit fees.

(Ords. 89-61 §2, 87-18 §2, 86-95 §9).

Article 26-230. Judicial Review

Any court action or proceeding to attack, review, set aside, void or annul any decision of matters listed in this Chapter 26-2 or Title 8 otherwise subject to judicial review (other than those listed in Government Code §§ 65907 and 66499.37 and Public Resources Code § 21167) or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after such decision. Thereafter all persons are barred from commencing any such action or proceeding and from asserting any defense of invalidity or unreasonableness of such decisions, proceedings, acts or determinations.

(Ord. 79-7 §1.)