Yolo County Municipal Code Art. 16 Planning Commission

The provisions of this article have been enacted pursuant to the provisions of Chapter 3 of Title 7 of the Government Code of the State (Planning and Zoning Law). (§ 3, Ord. 122)

The Planning Commission shall consist of seven (7) rotating County resident members appointed by the Board. Five (5) members shall be selected, one nominated by each district supervisor and thereafter appointed by majority vote of the Board of Supervisors. The remaining two (2) members shall be selected at large and may be nominated by any Board member, with appointment thereafter by majority vote. At all times during the recruiting process, all reasonable measures to recruit suitable candidates shall be used, including but not limited to those measures customarily used to seek candidates for vacant positions on other County boards, commissions, and committees.

(§ 1, Ord. 122, as amended by § 1, Ord. 430, § 1, Ord. 957, eff. September 8, 1983, § 1, Ord. 1070, eff. February 4, 1988,§ 2, Ord. 1337, eff. September 1, 2005, and § 2, Ord. 1479, eff. January 12, 2017)

The Planning Commission shall be lawfully constituted and have jurisdiction to proceed to act as provided by law upon the appointment of the members thereof by an order of the Board duly entered in the minutes and upon each of such members taking and filing an oath of office as provided by law. (§ 2, Ord. 122)

The Planning Commission, by resolution, shall adopt such rules and regulations governing the conduct of its business as the Commission deems appropriate, which rules shall be consistent with this Code and all provisions of State laws. (§ 1, Ord. 843, eff. April 26, 1979)

A majority of the duly appointed members of the Planning Commission shall constitute a quorum for the conduct of Commission business. Action by the Planning Commission shall be taken only on the affirmative vote of a majority of the members then present, excluding those who abstain due to a conflict of interest, but including those who abstain for any other reason.

In the event there is a tie vote on any motion pending before the Planning Commission or Board of Zoning Appeals, the chairman shall call for any further motions of any member on the subject. In the event no further motions are made, or that such further motions also result in a tie vote, the chairman shall call for a motion to declare the Commission or Board deadlocked. If the declaration of a deadlock is passed by a majority of a quorum, or if the vote on the motion of a deadlock is also a tie vote, the chairman shall declare a deadlock.

The declaration of deadlock shall be considered a denial of the matter and shall be appealable to the Board of Supervisors to the same extent and in the same manner as if the Commission or Board had denied the request. The Clerk of the Board of Supervisors is hereby authorized and instructed to waive the applicable filing fee for any appeal resulting from a declaration of a deadlock. (§ 2, Ord. 843, eff. April 26, 1979, as amended by § 7, Ord. 1178, eff. April 27, 1995)

The Planning Commission hereby is designated as the Yolo County Board of Permit Appeals pursuant to Section 65903 of the Government Code of the State for the purpose of hearing and determining appeals from the decisions of the Zoning Administrator or for reviewing such decisions on its motion or the motion of the Zoning Administrator pursuant to Section 8-2.225 of Article 2 of Chapter 2 of Title 8 of this Code.

The procedure for such appeals shall be as set forth in Section 8-2.225 of Article 2 of Chapter 2 of Title 8 of this Code relating to appeals to the Planning Commission.

The Planning Commission, sitting as the Board of Permit Appeals, may reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination upon which the appeal was taken and may make such order, requirement, decision, or determination as should be made.

The action of the Planning Commission, sitting as a Board of Permit Appeals, shall be appealable to the Board of Supervisors as provided in Section 8-2.225 of Article 2 of Chapter 2 of Title 8 of this Code.

The action of the Board of Permit Appeals to approve or disapprove any project which has been appealed to it shall constitute approval or disapproval by the County pursuant to Section 65950 of the Government Code of the State. If the action of the Board of Permit Appeals is appealed to the Board of Supervisors, such appeal shall stay the effective date of the County's approval and shall toll the time limits set forth in said section. (§ 2, Ord. 888, eff. September 11, 1980)

(a) Jurisdiction. The Planning Commission hereby is authorized to perform all functions delegated to a planning commission by the California Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State, commencing with Section 33000).

(b) Appealability of actions: Standing. Any decision of the Planning Commission pursuant to this section may be appealed to the Board by filing an appeal with the Clerk of the Board within fifteen (15) days following the Planning Commission’s action. The Board shall sustain, modify, reject, or overrule the Planning Commission’s decision and may either declare its decision to be final or, in its discretion, remand the matter to the Planning Commission.

Any aggrieved person shall have standing to file such appeal, including the executive director of any redevelopment agency affected by the decision.

There shall be no filing fee for any such appeal. (§ 1, Ord. 1019, eff. September 26, 1985)

The Planning Commission hereby is designated as the Historic Preservation Commission. The main duties and responsibilities of the Historic Preservation Commission shall be as follows:

(a) To establish various criteria, guidelines and Standards to carry out the intent of the Historic Preservation ordinance codified in Chapter 11 of Title 8 of the Yolo County Code;

(b) To maintain a comprehensive inventory of historic landmarks and historic districts within the County; publicize and update it periodically;

(c) With the help and cooperation of the Historical Advisory Committee, to recommend to the Board of Supervisors the designation of historic landmarks and historic districts;

(d) To participate in administering regulations pertaining to historic landmarks and historic districts.

The secretary of the Commission shall keep minutes of all meetings of the Commission and shall file a copy of the minutes with the Clerk of the Board of Supervisors. Meetings of the Commission shall be held, and notice given in conformance with California Government Code Sections 54951.1 - 54961 (The Ralph M. Brown Act). (§ 1, Ord. 1080, eff. August 18, 1988)

The Planning Commission hereby is designated as the Business License Appeals Board pursuant to Section 12-1.203 of the County Code for the purpose of hearing and determining appeals from the decisions of the Business Licensing Officer. The procedures for such appeals shall be as set forth in Article 5 of Title 12 of the Yolo County Code.

The Planning Commission, sitting as the Business License Appeals Board, may reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination upon which the appeal was taken.

The action of the Planning Commission, sitting as the Business License Appeals Board, shall be appealable to the Board of Supervisors as provided in Section 8-2.225 of Article 2 of Chapter 2 of Title 8 of this Code.

The action of the Business License Appeals Board to approve or disapprove any project which has been appealed to it shall constitute approval or disapproval by the County. If the action of the Business License Appeals Board is appealed to the Board of Supervisors, such appeal shall stay the effective date of the County’s approval or disapproval. (§ 3, Ord. 1275, eff. December 6, 2001)

The Planning Commission hereby is designated as the Board of Building Appeals pursuant to Section 7-1.04 of the County Code for the purpose of hearing and determining appeals from the decisions of the Chief Building Official; and pursuant to Section 7-1.11 of the County Code for the purpose of hearing and determining appeals from the decisions made by the Chief Building Official in his/her capacity as the Fire Chief. The Board of Building Appeals shall serve as the Housing Appeals Board described in Section 108.8 of the California Building Code (2007 edition). Such appeals shall be filed within fifteen (15) days of the decision appealed from and shall otherwise be governed by the procedures set forth in Article 2 of Title 8 of the Yolo County Code. The Planning Commission, sitting as the Board of Building Appeals, may reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination upon which the appeal was taken. The action of the Planning Commission, sitting as the Board of Building Appeals, shall be appealable to the Board of Supervisors as provided in Section 8-2.225 of Article 2 of Chapter 2 of Title 8 of this Code. The action of the Board of Building Appeals to approve or disapprove any project which has been appealed to it shall constitute approval or disapproval by the County. If the action of the Board of Building Appeals is appealed to the Board of Supervisors, such appeal shall stay the effective date of the County's approval or disapproval. (§ 2, Ord. 1420, eff. May 10, 2012)