Mendocino County Municipal Code Ch. 2.54 Board of Supervisors Original Jurisdiction of Land Use Matters

(A) Notwithstanding any other provision of the Title 17 (Division of Land Regulations), Title 20 (Zoning Ordinance), and Chapter 22.16 (Surface Mining and Reclamation), the Board of Supervisors hereby deems it appropriate and necessary to reserve to itself the functions of the planning agency when time is of the essence with respect to any permit or approval, based on the project's special contribution to the County's general welfare and economic or environmental wellbeing, including, but not limited to, projects that provide substantial employment opportunities, support necessary government services, and involve County-wide infrastructure improvements. This reservation procedure does not apply where State law mandates prior review by the Planning Commission.

(B) The Board of Supervisors may call for direct review of any application, approval or permit, including actions assigned to, or taken by, the Planning Commission, the Coastal Permit Administrator, the Zoning Hearing Officer, and the Planning Director to the Board as follows:

(1) Any member of the Board of Supervisors may request the Board to review a development application.

(2) A request for direct review shall be considered by the Board of Supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law. Any interested party may comment upon the request for direct review.

(3) The request for direct review shall be granted upon majority vote. If the Board of Supervisors approves the request for direct review, the Board shall assume jurisdiction over the matter and take action in compliance with subsection (D) of this section.

(4) Any matter that is the subject of Board direct review, whether the subject of prior planning agency review or not, shall be heard and decided by the Board of Supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted in compliance with applicable law, including the California Environmental Quality Act.

(5) Staff shall provide the Board of Supervisors, and the public, with all necessary materials for its review. The Board may approve, modify or deny the subject application. The Board's decision will be based upon findings that identify the reasons for its action or imposition of any conditions. The Board may consider both the request for direct review and the subject of the approval at the same hearing where appropriate and properly noticed.

(C) Any member of the Board of Supervisors who initiates a request for direct review shall have full participation rights in the determining of whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(D) The decision of the Board of Supervisors is final and effective on the date rendered except where final approval is required from the Coastal Commission pursuant to State law.

(Ord. No. 4320, 1-7-2014)