Chapter 18.140 — ADMINISTRATIVE RESPONSIBILITY

The purpose of this chapter is to describe the authority and responsibilities of the Board of Supervisors, Planning Commission, Hearing Officer, and Planning Director in the administration of this Zoning Code.

(Ord. 1976 § 2, 2019)

The Commission and the Department (including the Hearing Officer and the Director) shall function as the Planning Agency and as the Advisory Agency, when so required or authorized, in compliance with Government Code Section 65100 .

(Ord. 1976 § 2, 2019)

The Board of Supervisors, referred to in this Zoning Code as the Board, in matters related to the County's planning process shall perform the duties and functions prescribed in this County Code Section 2.32.120 (Board of Supervisors—Duties) and this Zoning Code, which include all of the following:

• A. Review Authority on Specified Legislative Planning Matters. Final legislative decisions on development agreements and amendments, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or Zoning Code matters related to the County's planning process.

• B. Appeals. The review of appeals filed from Planning Commission decisions.

• C. Compliance. The above-listed functions shall be performed in compliance with Table 6-1 (Review Authority), Table 6-2 (Administrative Permits Review Authority), Table 6-3 (Review Authority for Site Plan and Design Review), Title 17 (Subdivisions), and the California Environmental Quality Act (CEQA).

• D. Imposition of Conditions. In making decisions on applications, the Board may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the County Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

• (Ord. 1976 § 2, 2019)

• A. Establishment. The Planning Commission, referred to in this Zoning Code as the Commission, is established in compliance with County Code Section 2.32.040 (Commission—Membership— Terms).

• B. Appointment. The Commission shall consist of five members who shall be appointed by the Board in compliance with County Code Sections 2.32.030 (Commission—Membership—Selection) and 2.32.040 (Commission—Membership—Terms).

• C. Duties and Authority. The Commission shall perform the duties and functions prescribed by County Code Section 2.32.080 (Commission—Duties) and this Zoning Code, and the Board may, from time to time by resolution, prescribe additional powers and duties consistent with State law, including the following:

  1. The review of development projects, including referrals from the Planning Director;

  2. The review of appeals from the Planning Director's decisions and the Planning Director's and Department staff's determinations;

  3. The recommendation, to the Board for final legislative decisions, on development agreements and amendments, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or regulatory matters related to the County's planning process; and

  4. The above-listed functions shall be performed in compliance with Table 6-1 (Review Authority), Table 6-2 (Administrative Permits Review Authority), Table 6-3 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA).

• D. Meeting Rules. The Commission shall conduct public hearings and meetings in compliance with County Code Section 2.32.070 (Commission—Quorum, Actions, Adoption of Rules) and Chapter 18.146 (Public Notices and Hearings).

• E. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the County Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

• F. Appeals of Actions. Any decision by the Commission may be appealed to the Board in compliance with Chapter 18.144 (Appeals).

• (Ord. 1976 § 2, 2019)

• A. Duties and Authority of the Hearing Officer. If a project application appears to be controversial or if there are unresolved issues, the project shall be scheduled for a public hearing before the Hearing Officer (Planning Director serving as the Hearing Officer), in compliance with Table 6-1 (Review Authority), Table 6-2 (Administrative Permits Review Authority), Table 6-3 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA).

• B. Decisions of the Hearing Officer.

  1. The Hearing Officer shall make a decision on the application and, if approved and no appeal is filed within 10 days, the permit shall be mailed to the applicant and Building Permits may be processed and/or the use established.

  2. The Hearing Officer shall have the authority to defer action on an application and refer the request to the Commission for consideration and final action.

• C. Distribution of Reports. Any reports for matters to be reviewed by the Hearing Officer shall be distributed to the Hearing Officer and the applicant 10 days before the hearing date.

• D. Conditions of Approval. In making decisions on applications, the Hearing Officer may impose conditions the Hearing Officer deems reasonable and necessary to implement the General Plan, any applicable specific plans, the County Code standards that apply to the development, and to further the public health, safety, and general welfare of the community.

• E. Appeal of Decisions. Any decision by the Hearing Officer may be appealed to the Commission in compliance with Chapter 18.144 (Appeals).

• (Ord. 1976 § 2, 2019)

• A. Appointment. The Planning Director, or the Planning Director's designee, referred to in this Zoning Code as the Director, shall be appointed by the County Executive Officer (CEO).

• B. Duties and Authority. The Director shall:

  1. Have the responsibility to perform all of the functions designated by State law and County Code Sections 2.32.100 (Director) and 2.32.110 (Department—Duties);

  2. Perform the duties and functions prescribed in this Zoning Code, including compliance with Table 6-1 (Review Authority), Table 6-2 (Administrative Permits Review Authority), Table 6-3 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA);

  3. Have the authority to defer action on an application and, at the Director's discretion, refer the request to the Hearing Officer or Commission for consideration and final action;

  4. Perform other responsibilities assigned by the Board, Commission, or County Executive Officer (CEO); and

  5. Delegate the responsibilities of the Director to Department staff under the supervision of the Director.

• C. Conditions of Approval . In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, the County Code standards that apply to the development, and to further the public health, safety, and general welfare of the community.

• D. Appeal of Decisions. Any decision by the Director may be appealed to the Commission in compliance with Chapter 18.144 (Appeals).

• (Ord. 1976 § 2, 2019)