Santa Clara County Municipal Code Art. 3 Planning Office

There is in the Department of Planning and Development the position of Planning Director who is appointed by and is under the supervision of the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

The Planning Director shall be responsible for the general formation, adoption and carrying out of policies for improving the physical environment of the County, for promoting the social and economic well-being of its citizens, and for conserving and putting to best use its natural resources, and such other duties as may be prescribed by the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

The Planning Director shall be responsible for enforcing all zoning ordinances.

(Ord. No. NS-300.705, § 2, 1-14-03)

The Planning Director shall render technical opinions to any board or commission requesting the same; and, in the discretion of the Agency Director, any other material prepared by staff of the Agency relative to the matter may be appended for the information of the board or commission in making its decision.

(Ord. No. NS-300.705, § 2, 1-14-03)

The Planning Director may attend the meetings of the Planning Commission and shall be available for technical assistance at such meetings.

(Ord. No. NS-300.705, § 2, 1-14-03)

The Planning Office is the Planning Agency under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code 65100 et seq.) for the following functions:

(a) To prepare, develop and maintain a general plan;

(b) To review periodically the capital improvement program of the County;

(c) To render an annual report to the Board of Supervisors on the status of the plan and progress in its application;

(d) To review and report to the County Executive to conformity of the coordinated program of proposed public works for the ensuing fiscal year with the adopted General Plan or part thereof;

(e) To report upon the conformity of public acquisition, dispositions, abandonments or construction with adopted general plans in accordance with of the Government Code § 65402. The provisions of Government Code § 65402(a) shall not apply to:

(1) The disposition of the remainder of a larger parcel that was acquired and used in part for street purposes;

(2) Acquisitions, dispositions or abandonments for street widenings; or

(3) Alignment projects; provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widenings or alignment projects are of a minor nature;

(f) To report under Government Code §§ 65401, 65402 on the conformity of improvement of streets, authorization or laying of sewers, or other improvements, including public buildings or works (including school buildings) with specific street or highways or open space plans adopted by the Board of Supervisors.

(Ord. No. NS-300.705, § 2, 1-14-03)

The Planning Office, in combination with the Planning Commission, or either the Planning Office or the Planning Commission, shall be the planning office under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code § 65100 et seq.), for the following functions:

(a) To develop such specific plans as may be necessary or desirable. It may or, if so directed by the Board of Supervisors, shall prepare specific plans based on the General Plan and drafts of such regulations, programs and legislation as may in its judgment be required for the systematic execution of the General Plan. It may recommend such plans and measures to the Board of Supervisors for adoption.

(b) To investigate and make recommendations to the Board of Supervisors upon reasonable and practical means for putting into effect the General Plan or part thereof, in order that it will serve as a pattern and guide for the orderly physical growth and development of the County and as a basis for the efficient expenditure of its funds relating to the subject of the General Plan. The measures recommended may include plans, regulations, financial reports and capital budgets.

(c) To endeavor to promote public interest in and understanding of the General Plan and regulations relating to it.

(d) To consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the General Plan.

(Ord. No. NS-300.705, § 2, 1-14-03)

(a) The Planning Director shall have the authority to defer the payment of any fee, including land development application fees, in individual cases where the applicant has established that advance payment of the fee would constitute an extreme hardship. The Planning Director is authorized to establish reasonable terms and conditions for any deferred payment to secure collection of the fee. The applicant may appeal any decision of the Director to the Board of Supervisors.

(b) The Director shall have the authority to waive fees in whole or in part in the case of any applicant for a permit who can demonstrate he or she is below the poverty level as established by the County Social Services Administration according to the size of the applicant's family.

(Ord. No. NS-300.705, § 2, 1-14-03)

Editor's note— Ord. No. NS-300.791, § 1, adopted April 22, 2008, repealed § A33-28, which pertained to supplemental fees. See also the Code Comparative Table.

Monitoring programs shall be developed for both public and private projects, whether or not such project requires County land use approval, when mitigation measures are imposed to mitigate or avoid significant adverse impacts of a project. The monitoring program shall include all conditions determined to be required to mitigate all potentially significant environmental impacts of a project in accordance with the California Environmental Quality Act (CEQA) and the CEQA guidelines. The decision-making body shall adopt a monitoring program in such cases.

(Ord. No. NS-300.705, § 2, 1-14-03)

The environmental assessment fee and mitigation monitoring fee shall be assessed for private projects as described in this Section. The amounts of these fees shall be prescribed by resolution of the Board of Supervisors. These fees shall be paid to the Planning Office. The environmental assessment fee is nonrefundable and shall be paid when the determination is made regarding what type of environmental assessment is required. There shall be two types of mitigation monitoring fees: (a) a nonrefundable flat fee for projects for which monitoring and oversight activities are expected to be limited in scope and duration and do not require special expertise; and (b) a project-specific fee for projects for which monitoring and oversight activities are expected to exceed the flat fee because the activities would either be extensive in scope or duration or require special expertise. The amounts of the flat fee and the initial deposit required for the project-specific fee shall be as prescribed by resolution of the Board of Supervisors. The Planning Director shall determine which fee applies to a project prior to project approval. The amount of the flat fee or deposit for the project-specific fee, whichever applies to the project, shall be paid within 14 days of project approval. If the deposit for the project-specific fee differs from the actual cost incurred, either a refund shall be given or an additional payment shall be required to balance the cost incurred and the payment for the services. If this additional payment is not received by the County within a reasonable period of time, the County may take any action authorized by law to collect the actual cost incurred and may also pursue the remedies listed in Section A33-29.3 below. The project-specific fee may include fees established by the Public Health Department to recover for the costs of their monitoring responsibilities.

(Ord. No. NS-300.705, § 2, 1-14-03; Ord. No. NS-300.1002, § 2, 10-21-25)

(a) In order to ensure compliance and enforcement of the monitoring program adopted for a project, written compliance reports may be required to be submitted to the designated project monitor. The applicant may be required to file a declaration under penalty of perjury to ensure the accuracy of any self-monitoring portions of the program. Additional documents may be required to monitor compliance.

(b) The monitoring program shall be considered a condition of the land use approval for the project. Such program may be enforced in any manner authorized by law, including, but not limited to:

(1) The modification or revocation of any land use permit that has been issued.

(2) Issuance of citations for any land use and/or monitoring violations. Citations may be issued by any County official authorized to issue a citation, including, but not limited to: the County Surveyor or designee, the Building Official or designee, the Zoning Investigator or designee, and the Public Health Officer or designee.

(3) Halting the project construction or operation.

(4) Placing conditions on the land to be included in covenants, conditions, and restrictions.

(5) Requiring the monitoring program be incorporated into any construction contract.

(6) Withholding any subsequent permits and/or suspending the processing of any pending permits.

(Ord. No. NS-300.705, § 2, 1-14-03; Ord. No. NS-300.1002, § 3, 10-21-25)