§ 9-801

The intent of this Chapter is to specify the roles and responsibilities of all bodies, officials, and administrators in implementing and enforcing this Title.

A Planning Agency for San Joaquin County is hereby created and established. It shall consist of the following:

(a)

Board of Supervisors;

(b)

Planning Commission;

(c)

Director of the Community Development Department;

(d)

Zoning Administrator;

(e)

Planning and Development Services Division; and

(f)

Environmental Review Officer.

The Board of Supervisors has the following functions as they apply to this Title:

(a)

Appointments. To exercise all appointing power provided under state law and this Title, including the appointment of the Director of the Community Development Department and the members of the Planning Commission;

(b)

Adoptions. To adopt the General Plan, Master Plans, Public Financing Plans, Special Purpose Plans, Specific Plans, regulations, ordinances, and environmental guidelines;

(c)

Amendments.

(1)

To initiate, consider, adopt, reject, or modify amendments to the General Plan map and text as required by the provisions of Chapter 9-807, General Plan Amendments, following a public hearing and recommended action by the Planning Commission;

(2)

To initiate, consider, adopt, reject, or modify amendments to the Zoning Map and to the text of the Development Title as required by the provisions of Chapter 9-808 (Development Title Text and Zoning Map Amendments) following a public hearing and recommended action by the Planning Commission;

(3)

To initiate, consider, adopt, reject, or modify amendments to Master Plans, Public Financing Plans, Special Purpose Plans, and Specific Plans, as appropriate, consistent with the procedures of Chapters 9-300, 9- 612. 9-301, and 9-302, respectively;

(d)

Appeals. To be the final appellate body on all matters as specified in this Title;

(e)

Annual Reviews. To annually review the Capital Improvement Program of the County for its conformity with the General Plan, pursuant to Chapter 7 (commencing with Section 65400) of the Government Code;

(f)

Legislative Body. To serve as the legislative body as that term is used in the Subdivision Map Act; and

(g)

Environmental Reviews. To determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the Board of Supervisors is considering.

The Planning Commission role as part of the Planning Agency shall be as provided in this Section.

(a)

Membership. The Planning Commission shall consist of five members who shall be appointed by the Board of Supervisors in the following manner:

(1)

Five members composed of one resident from each of the five Supervisorial Districts appointed by the Board Member for that District;

(b)

Term. The term of office of each member of the Planning Commission shall be four years beginning on the first day of the term of office of the Supervisor from whose Supervisorial District the member is appointed and ending on the last day of such Supervisorial term;

(1)

A member of the Planning Commission may continue in office after the end of the term of office until a successor member has been appointed by the Board of Supervisors and has taken the oath of office.

(2)

If a member is moved from one Supervisorial District into another because of a change in District boundaries, that member may complete the remainder of their term.

(3)

If a member moves out of the Supervisorial District that they serve, that member may complete the remainder of their term or until a new member is re-appointed.

(c)

Vacancies and Removal. Vacancies in the office of an appointed member of the Planning Commission shall be filled by appointment of the Board of Supervisors for the unexpired term.

(1)

Any member of the Planning Commission may be removed for cause by majority vote of the Board of Supervisors.

(2)

The Board of Supervisors shall declare a vacancy in the office of any member who is absent from three consecutive regular meetings of the Planning Commission without prior notification given to the Planning Commission Chairperson.

(3)

A vacancy in the office of Planning Commissioner shall occur upon the vacancy in the office of Supervisor of the Supervisorial District from which the Planning Commissioner is appointed.

(d)

Advisory Staff. The County Counsel, the Director of Environmental Health, and the Director of Public Works are designated as advisory staff to the Planning Commission. Each advisory staff may designate one deputy or assistant to attend Planning Commission meetings.

(e)

Officers and Rules. The Planning Commission shall operate with the following officers and rules:

(1)

The Planning Commission shall annually elect a Chairperson and a Vice-Chairperson from among the appointed members, but no appointed member shall be elected Chairperson or Vice-Chairperson for more than two consecutive terms.

(2)

The Director of the Community Development Department shall be the Secretary to the Planning Commission.

(3)

The Planning Commission shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, and determinations.

(4)

All decisions and recommendations of the Planning Commission shall be carried by the affirmative votes of not less than a majority of its total voting members.

(f)

Functions. The Planning Commission shall have the following functions in the administration of this Title and related regulations and policies:

(1)

Prepare, periodically review, and revise, as necessary, the General Plan for the County and any Master Plans, Special Purpose Plans, Specific Plans, and Planned Development Zones, as necessary or desirable for the implementation of the General Plan;

(2)

Consider and recommend amendments to the General Plan, Master Plans, Special Purpose Plans, Specific Plans, Planned Development zones, Zoning Maps, and this Title, as appropriate, to the Board of Supervisors;

(3)

Investigate and make recommendations regarding reasonable and practical means for implementing the General Plan;

(4)

Annually review the Capital Improvement Program of the County for its conformity with the General Plan, any Specific Plans, and all elements and parts of the General Plan, and provide a report concerning said Capital Improvement Plan to the Board of Supervisors;

(5)

Serve as the appellate body for discretionary staff decisions;

(6)

Review and act upon referrals or appeals from the Floodplain Administrator;

(7)

Act as the advisory agency on Major Subdivisions, as that term is used in the Subdivision Map Act;

(8)

Approve, conditionally approve, modify, or deny applications for Conditional Use Permits and Variances;

(9)

Determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the Planning Commission is considering;

(10)

Recommend changes to the environmental guidelines for the County; and

(11)

Perform such other functions as the Board of Supervisors may require, including conducting studies and preparing plans other than those authorized by Title 7 of the Government Code.

(g)

Compensation. Members attending Planning Commission meetings shall receive compensation on a per meeting basis, plus mileage and actual and necessary expenses incurred in connection with carrying out the duties of a member of the Planning Commission, as approved by the Board of Supervisors.

The Director of the Community Development Department or their designee shall have the following functions in the administration of the Title and related regulations and policies:

(a)

Secretary. Serve as the Secretary to the Planning Commission.

(b)

Advisor. Act as the advisory agent or agency for Mergers, Minor Subdivisions, and Notices of Violation, as provided in Government Code Section 66415.

(c)

Administrator. Act as the chief administrative officer of the Planning and Development Services Divisions;

(1)

Maintain, interpret, and administer the Development Title, including oversight of processing of applications, abatements, and other enforcement actions;

(2)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business. These rules and procedures may include the administrative details of hearings officiated by the Director or the Zoning Administrator (e.g., scheduling, rules of procedure, and recordkeeping) as well as other written policies and procedures needed to implement this Title;

(3)

Issue administrative regulations for the submission and review of applications subject to the requirements of this Title and Government Code Section 65950 (Deadlines for Project Approval Conformance; Extensions), including determining what constitutes a complete application; and

(4)

Negotiate specific components and provisions of development agreements, as provided by Chapter 9-814.

(d)

Review Authority. Conduct the review of public projects as specified in Section 65402 of the Government Code.

(e)

Staff Review. Review and act upon all applications requiring Director approval.

(f)

Additional Responsibilities. The Director of the Community Development Department or their designee shall serve as or appoint the following positions:

(1)

Environmental Review Officer

(2)

Zoning Administrator

(3)

Building Official

(4)

Code Enforcement Manager

(5)

Fire Warden

(a)

Zoning Administrator's Responsibilities. The powers and duties of the Zoning Administrator under this Title include but are not limited to the following.

(1)

Interpret the Development Title for members of the public and other County Departments.

(2)

Review applications for discretionary permits and approvals under this Title for conformance with applicable submission requirements and time limits in accordance with Chapter 9-802, Common Procedures, and determine when applications are complete.

(3)

Provide public notice, as required pursuant to Section 9-802.070, Public Notice.

(4)

Hear and decide applications for Administrative Use Permits pursuant to Chapter 9-804, Use Permits.

(5)

Hear and decide requests for minor modifications to approved permits, pursuant to Section 9-802.120, Modification of Approved Plans.

(6)

Make decisions on requests for waivers of dimensional requirements, pursuant to Chapter 9-806, Waivers.

(7)

Review and make decisions on applications for signs under Chapter 9-408, Signs.

(8)

Make recommendations to the Planning Commission, the Historic Preservation Commission, and Board of Supervisors on all matters on which they have decision-making authority;

(9)

Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the County has initiated revocation procedures, pursuant to Section 9-802.130, Modification or

Revocation.

(10)

Review applications for permits and licenses for conformance with this Title, pursuant to Chapter 9-803, Zoning Compliance Review.

(11)

Refer items to the Planning Commission when the Zoning Administrator determines that the public interest would be better served by a Planning Commission public hearing and action.

(12)

Refer an application for investigation and a report to one or more expert consultant(s) qualified to advise as to whether the proposal will conform to the General Plan or any applicable Master Plans, Special Purpose Plans, Specific Plans, regulations, policies, development standards, and performance standards.

The Planning and Development Services Division shall have the following functions in the administration of this Title and related regulations and policies:

(a)

Administer Plans. Perform the duties required for the proper preparation and administration of the following plans, as provided by law, ordinance, and/or this Title:

(1)

General Plan

(2)

Master Plans and Public Financing Plans

(3)

Special Purpose Plans

(4)

Specific Plans

(5)

Planned Development Zones

(b)

Advise Boards and Commissions. Provide administrative support and professional advice to the Planning Commission, the Historic Preservation Commission, and Board of Supervisors;

(c)

Special Studies and Surveys. Perform special studies and surveys, as directed by the Board of Supervisors;

(d)

Publicize General Plan. Endeavor to promote public interest in, comments on, and understanding of the General Plan and regulations relating to it;

(e)

Consult on General Plan. Consult and advise with public officials and agencies; public utility companies; civic, educational, professional, and other organizations; and citizens concerning the preparation and implementation of the General Plan;

(f)

Coordinate Plans and Programs. Promote the coordination of local plans and programs with the plans and programs of other public agencies; and

(g)

Report to the Board of Supervisors. Provide an annual report to the Board of Supervisors on the status of the General Plan and progress in its implementation.

The role of the Environmental Review Officer shall be as provided in this Section.

(a)

Appointment. The Environmental Review Officer shall be appointed by the Director of the Community Development Department, and the position is commonly held by the Deputy Director of Planning.

(b)

Term. The term of the appointment shall be at the discretion of, and subject to termination by, the Director of the Community Development Department. If no appointment is made, the Deputy Director of Planning shall act as the Environmental Review Officer.

(c)

Functions. The Environmental Review Officer or their designee shall have the following functions in the administration of this Title and related regulations and policies:

(1)

Be responsible for the preliminary screening of projects to determine which are exempt from and which are subject to the requirements of the California Environmental Quality Act;

(2)

Conduct or oversee the conduction of Initial Studies and hold meetings, when necessary, to make determinations as to whether a Notice of Exemption will be issued, a Negative Declaration prepared, or an Environmental Impact Report required for a project;

(3)

Prepare or oversee preparation of the following environmental documents:

(A)

Notices of Exemption on projects that are exempt from the California Environmental Quality Act;

(B)

Negative Declarations or Mitigated Negative Declarations on projects that will have no significant effect on the environment;

(C)

Environmental Impact Reports on projects that may have a significant effect on the environment and

(4)

Prepare and maintain guidelines for the implementation of the California Environmental Quality Act by San Joaquin County.

Chapter 9-802 - Common Procedures[[2]]

Footnotes:

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Note— This chapter consolidates and streamlines existing procedures. It also explicitly allows for electronic submission of applications and modification of application requirements where appropriate. A summary of decision-making responsibilities for each permit, public hearing and notice requirements is included at the end for easy reference.