§ 130.60

The Director shall have the responsibility and authority to direct the performance and responsibilities assigned by the Board in compliance with Title 2 (Administration and Personnel) of the County Code of Ordinances, which includes the administration and enforcement of the provisions of this Title. Except where otherwise provided by this Title, the aforementioned responsibilities of the Director may also be carried out by Department staff under the supervision of the Director, to include but not be limited to the following:

A.

Perform staff-level project review, with or without notice. For other discretionary applications, make recommendations of approval, conditional approval, or denial to the proper review authority under Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title.

B.

Make investigations and reports on the design and improvements of proposed subdivisions and other discretionary applications affecting the development of real property, and make or recommend imposition of requirements or conditions on these applications.

C.

Prepare documents for the implementation of State Planning and Land Use Law (California Government Code Section 65000 et seq.) and other miscellaneous planning related laws. These documents shall include administrative policies, procedures, ordinances, resolutions, and project application filing forms, information, and requirements, and other public information documents.

D.

Act as or appoint the Zoning Administrator for purposes of complying with California Government Code Section 65900 et seq.

Sec. 130.60.030 - Zoning Administrator.

The Director or a designee shall serve as the Zoning Administrator in compliance with Subsection 130.60.020.D (Director and Department) above in this Chapter, as follows:

A.

The Zoning Administrator shall serve as the hearing officer and is assigned the review authority of original jurisdiction to consider and approve or deny applications for development applications in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title, parcel map applications under Title 120 (Subdivisions) of the County Code of Ordinances, and any other matter specifically provided by this Title. When the Zoning Administrator is a designee of the Director, that person shall also perform his/her other duties appropriate to the personnel title of the designee. The designee shall be subordinate and directly responsible to the Director and/or any intermediate supervisory staff in the performance of all duties except those of the Zoning Administrator. However, the designee shall not be subordinate to, nor under the direction or control of the Director when performing the duties of the Zoning Administrator.

B.

The Zoning Administrator may transfer original hearing jurisdiction to the Commission at his/her discretion when it is deemed necessary because of policy implications, unique or unusual circumstances, or the magnitude of a project.

The Commission, in compliance with Title 2 (Administration and Personnel) of the County Code of Ordinances, shall serve as the hearing body assigned to consider and approve or deny development applications under this Title and Title 120 (Subdivisions) of the County Code of Ordinances as either the review authority of original jurisdiction or on appeal, in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title. The Commission shall serve as an advisory agency to the Board on legislative actions including zone changes and general plan amendments, and any other matter specifically provided by this Title.

The Board shall act as the review authority for land use applications that require a public hearing and legislative action, and for those that are referred or appealed to the Board in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title.

A Technical Advisory Committee (TAC), as defined in Article 8 (Glossary: see "Technical Advisory Committee") of this Title, shall review all applications for discretionary permits and, within the scope of their regulatory authority, provide comments and requirements to the Department that are recommended for the development of the project. The Department shall schedule a meeting to review said comments and requirements with the applicant, in compliance with the following procedures:

A.

The TAC shall meet as soon as possible after the application has been deemed complete, in compliance with Subsection 130.51.020.F (Application Forms, Submittal Process, and Fees) in Article 5 (Planning Permit Procedures) of this Title. In more complex projects, the Department may determine that a meeting date is required prior to the application being deemed complete in order to provide more immediate direction to the applicant.

B.

Meetings shall be noticed concurrently with the initial consultation letter sent by the Department to those agencies having jurisdiction or interest in the project for their review and comments.

C.

The TAC meeting, as an advisory part of the permit process, is not open to the general public. The TAC meeting shall be open to the applicant and/or the applicant's agent and, at their discretion, anyone else involved in the project, such as project

managers, civil engineers, or environmental consultants.

Sec. 130.60.070 - Design Review Committee.

The Board may establish by resolution a design review committee to review and comment upon discretionary development applications within the boundaries of the design review district. The terms and arrangements for the committee shall be as follows:

A.

Composition. A design review committee shall consist of no fewer than three and not more than five members. County officials shall not be included. The members shall be selected and appointed by the Board, as follows:

1.

At least three members shall be residents and owners of property located within the district boundaries.

2.

When more than three members comprise the committee, up to two additional members may be owners of commercial property located within the district boundaries.

B.

Compensation. The appointed members of the design review committee shall serve without compensation and shall not be entitled to reimbursement of mileage or necessary expenses by the County.

C.

Appointment. The term of office of each member shall be four years or until the first appointment and qualification of their successor. The first members shall classify themselves by lot so that the term of office of two members is two years, and remaining members is three years. Members otherwise serve until the appointment and qualification of their successor. Any member, even though they serve for a term, may be removed by the Board at any time without cause. A vacancy may be filled only for the unexpired term. All vacancies on the committee shall be immediately reported to the Board.

D.

Officers. At the first meeting of the design review committee, and thereafter at the first meeting of each calendar year, the committee shall elect from its membership a chairman, vice chairman, and secretary, who shall hold office for a term of one year and until the election of their successors.

E.

Meetings. Meetings may be held on the call of the chairman or any two members when matters are referred for committee review in compliance with Subsection H (Powers and Duties of the Design Review Committee) below in this Section, by mailing notice of the time, place, and purpose of the meeting to each member at least seven days prior to the meeting. The meetings, including public notice of such meetings, shall conform to the requirements of California Government Code Section 54950 et seq.

F.

Quorum. The majority of the appointed committee members shall constitute a quorum for the transaction of business, which translates to two out of three sitting members, or three out of four or five sitting members.

G.

Lapse of Membership. For reasons including, but not limited to continued absence, a member of the design review committee may be removed from office without cause, by an order adopted by a majority vote of the Board declaring that office vacant.

H.

Powers and Duties of the Design Review Committee. The design review committee shall have the following duties and powers:

1.

Act in an advisory capacity to the Director, Commission, or Board with regard to providing review and comment on discretionary development applications for multi-unit residential, commercial, mixed-use, and industrial applications within their district boundaries.

2.

Provide recommendations to the Board and the Director regarding the adoption, improvement, or modification of design review procedures and standards.

3.

Review projects for consistency with any related adopted design guidelines, standards, and ordinances.

Sec. 130.60.080 - Floodplain Administrator.

The Director or a designee is appointed to administer, implement, and enforce the provisions of Chapter 130.32 (Flood Damage Prevention Ordinance) in Article 3 (Site Planning and Project Design Standards) of this Title by performing the duties and responsibilities under Section 130.32.040 (Administration) in Article 3 (Site Planning and Project Design Standards) of this Title.

CHAPTER 130.61. - NONCONFORMING USES, STRUCTURES, AND LOTS