§ 11.52

The purpose of this Chapter is to identify the hearing bodies, officials, and administrators with designated responsibilities under various divisions and chapters of this Code. Subsequent chapters of Division V, Administration, provide detailed information regarding various procedures, applications, and permits, including zoning and general plan amendments, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Code as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.

(Ord. No. 1624)

The powers and duties of the Board of Supervisors under this Code include, but are not limited to the following:

(1)

Consider and adopt, reject or modify amendments to the map and text of the General Plan pursuant to the provisions of Chapter 11.62, General Plan Amendments, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(2)

Consider and adopt amendments to the Official Zoning Map and to the text of this Code pursuant to the provisions of Chapter 11.61, Amendments to Development Code and Official Zoning Map, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(3)

Consider and adopt, reject or modify Community Plans pursuant to the provisions of Chapter 11.63, Community Plans, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(4)

Consider and adopt, reject or modify Specific Plans and amendments thereto, pursuant to the provisions of Chapter 11.64, Specific Plans and Amendments, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(5)

Consider and adopt, reject or modify development agreements and amendments thereto, pursuant to the provisions of Chapter 11.66, Development Agreements and Amendments, and the California Government Code, following a public hearing and recommended action by the Planning Commission.

(6)

Sets priorities for the County and establishes land use goals and policies.

(7)

Adopt guidelines for Design Review pursuant to Chapter 11.56, Design Review.

(8)

Have final jurisdiction over the approval of final maps.

(9)

Approving improvement agreements and accepting lands and improvements proposed for dedication to the County.

(10)

Act as the final appeal board for decisions by the Development Review Committee, Zoning Administrator, Planning Commission, County Surveyor and Department Heads within the Community Development and Services Agency in the administration or enforcement of the provisions of this Code, pursuant to Section 11.53.150, Appeals and Calls for Review.

(11)

Appoint and remove members of the Planning Commission as provided for in Title IV, Boards and Commissions, of the County Code.

(12)

Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided pursuant to this Code.

(Ord. No. 1624)

The Planning Commission is established and organized pursuant to Title IV, Boards and Commissions, of the County Code and the requirements of the California Government Code. The powers and duties of the Planning Commission under this Code include, but are not limited to the following:

(1)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on proposed amendments to the General Plan map and text, pursuant to Chapter 11.62, General Plan Amendments.

(2)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on proposed amendments to the official zoning map and to the text of this Code, pursuant to Chapter 11.61, Amendments to Development Code and Official Zoning Map.

(3)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on the adoption of community plans, pursuant to Chapter 11.63, Community Plans.

(4)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on the adoption or amendment of specific plans, pursuant to Chapter 11.64, Specific Plans and Amendments.

(5)

Initiate, conduct hearings, and make recommendations to the Board of Supervisors on the adoption or amendment of development agreements, pursuant to Chapter 11.66, Development Agreements and Amendments.

(6)

Approve, conditionally approve, modify or deny use permits and variances, pursuant to Chapter 11.57, Use Permits, and Chapter 11.59, Variances.

(7)

Conduct design review on any approvals it grants that are subject to design review, pursuant to Chapter 11.56, Design Review.

(8)

Hear and decide proposals to revoke permits, pursuant to Section 11.53.140, Revocation of Approvals, following a public hearing.

(9)

Approve, conditionally approve, or disapprove tentative subdivision maps and vesting tentative subdivision maps, and impose requirements or conditions thereon.

(10)

Approve, conditionally approve, or disapprove amendments to a tentative subdivision map that the CDSA Director determines not to be minor.

(11)

Approve modifications to an approved tentative subdivision map.

(12)

Approve variations to lot and block design requirements when submitted as part of a tentative subdivision map application.

(13)

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the County's environmental review guidelines pursuant to the State law and the procedures in Chapter 11.54, Environmental Review.

(14)

Prepare and recommend to the Board of Supervisors for adoption guidelines for Design Review, pursuant to Chapter 11.56, Design Review.

(15)

Provide interpretations of this Code when forwarded by the CDSA Director.

(16)

Such other duties and powers as assigned or directed by the Board of Supervisors.

(Ord. No. 1624)

The Development Review Committee shall consist of one designee each, by the CDSA Director, from the Planning (acting as the Zoning Administrator), Public Works, and Environmental Health Departments. The

powers and duties of the Development Review Committee under this Code include, but are not limited to the following:

(1)

Serve as the advisory agency for purposes of the Subdivision Map Act (Government Code § 66410 et seq.) and Division IV, Subdivisions, of this Code.

(2)

Develop all rules and regulations necessary to implement Division IV, Subdivisions, and the Subdivision Map Act (Government Code § 66410 et seq.), including rules for the conduct of its business and obtaining of necessary information. Said rules and regulations shall be in effect upon approval by the Board of Supervisors.

(3)

Approve, conditionally approve or disapprove tentative parcel maps by a majority vote of the Committee. Imposing any conditions necessary to make the required findings for approval.

(4)

Review petitions for reversion to acreage.

(5)

Approve minor changes to approved tentative subdivision maps.

(6)

Approve major changes to approved tentative parcel maps.

(7)

Grant extensions to the expiration dates for tentative parcel maps and initial extensions to the expiration dates for tentative subdivision maps.

(8)

Approve or disapprove lot line adjustments, certificates of compliance and conditional certificates of compliance.

(9)

Develop such forms as may be required to implement Division IV, Subdivisions, and the Subdivision Map Act (Government Code § 66410 et seq.).

(10)

Approve, conditionally approve, or deny Planned Sign Permit Programs.

(11)

Approve, conditionally approve, modify or deny Minor Use Permits pursuant to Chapter 11.57, Use Permits.

(12)

Approve, conditionally approve, modify or deny administrative use permits that require a public hearing.

(13)

Conduct design review on any approvals it grants that are subject to Design Review, pursuant to Chapter 11.56, Design Review.

(14)

Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the County's adopted environmental review guidelines pursuant to the State law and the procedures in Chapter 11.54, Environmental Review.

(15)

Other duties as established in this Code or as assigned by the Board of Supervisors.

(Ord. No. 1624)

The powers and duties of the Community Development and Services Agency Director (CDSA Director) under this Code include, but are not limited to the following:

(1)

Direct and coordinate the administration of this Code, including interpretations of this Code, processing of applications, abatements and other enforcement actions.

(2)

Interpret this Code to members of the public and to other County departments.

(3)

Prepare and effect rules and procedures necessary or convenient for the conduct of the CDSA Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the County Administrator. They may include the administrative details of hearings officiated by the CDSA Director (e.g., scheduling, rules of procedure and recordkeeping).

(4)

Process and make recommendations to the Board of Supervisors on all matters upon which the Board has the authority and the duty to act under this Code.

(5)

Initiate revocations of permits, pursuant to Section 11.53.140, Revocation of Approvals.

(6)

Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

(7)

Delegate administrative and technical functions as he/she so deems to members of the Community Development and Services Agency.

(8)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the Planning Director, or the CDSA Director in the absence of a Planning Director, under this Code include, but are not limited to the following:

(1)

Maintains and administers this Code as it pertains to zoning, parking, landscaping, signs, design review and environmental review pursuant to the California Environmental Quality Act and (CEQA) and National Environmental Protection Act (NEPA).

(2)

Interpret this Code to members of the public and to other County departments as it pertains to the duties of the Planning Department.

(3)

Acts as the Enforcement Officer as it pertains to zoning, parking, landscaping, signs, design review and environmental review pursuant to the CEQA and NEPA.

(4)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Planning Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the Planning Commission. They may include the administrative details of hearings officiated by the Planning Director (e.g., scheduling, rules of procedure and recordkeeping).

(5)

Develop such forms as may be required to implement this Code.

(6)

Issue administrative regulations for the submission and review of applications subject to the requirements of this Code and Government Code Section 65950.

(7)

Review applications for discretionary permits and approvals under this Code for conformance with applicable submission requirements and time limits.

(8)

Conduct design review for projects that do not require approval of another discretionary permit or modifications to an approved design review permit pursuant to the requirements of Chapter 11.56, Design Review.

(9)

Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the County's environmental review requirements (Chapter 11.54, Environmental Review) and notify the applicant if any additional information is necessary to conduct the review.

(10)

Process and make recommendations to the Board of Supervisors on all applications, amendments, appeals and other matters upon which the Board has the authority and the duty to act under this Code.

(11)

Process and make recommendations to the Planning Commission on all applications, appeals and other matters upon which the Planning Commission has the authority and the duty to act under this Code.

(12)

Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

(13)

Serve as technical staff of the Planning Commission.

(14)

Investigate and make reports to the Planning Commission on violations of permit terms and conditions.

(15)

Delegate administrative functions as he/she so deems to members of the Planning Department.

(16)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the Public Works Director under this Code include, but are not limited to the following:

(1)

Maintains and administers this Code as it pertains to grading, drainage, flood control, water quality, roadway standards, and Subdivision Map Act.

(2)

Interpret this Code to members of the public and to other County departments as it pertains to the duties of the Public Works Department.

(3)

Acts as the Enforcement Officer as it pertains to grading, drainage, flood control, water quality, roadway standards, and Subdivision Map Act.

(4)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Public Works Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the County Administrator.

(5)

Process and make recommendations to the Board of Supervisors on all matters upon which the Board has the authority and the duty to act under this Code.

(6)

Establish design and construction details, standards and specifications.

a.

Approve design plans and specifications.

b.

Inspect improvements to confirm adequate conformance with approved plans, specifications and design standards.

(7)

Process improvement agreements and deferred improvement agreements.

(8)

Ensure adequate financial security is posted for improvements not constructed prior to recordation of map.

(9)

Make recommendations to the Board of Supervisors on the acceptance of improvements for maps and the release of any associated bonds.

(10)

Delegate administrative functions as he/she so deems to members of the Public Works Department.

(11)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the Environmental Health Director under this Code include, but are not limited to the following:

(1)

Maintains and administers this Code as it pertains to compliance with State and local regulations for food handling, housing institutions (i.e. hotels, and organized camps), public pools, kennels, septic systems, solid waste facilities, public water systems, wells, underground storage tanks, and handling of hazardous materials.

(2)

Interpret this Code to members of the public and to other County departments as it pertains to the duties of the Environmental Health Department.

(3)

Acts as the Enforcement Officer as it pertains to food handling, housing institutions (i.e. hotels, and organized camps), public pools, kennels, septic systems, solid waste facilities, public water systems, wells, underground storage tanks, and handling of hazardous materials.

(4)

Prepare and effect rules and procedures necessary or convenient for the conduct of the Public Works Director's business. These rules and procedures may be approved by a resolution of the Board of Supervisors following review and recommendation of the County Administrator.

(5)

Process and make recommendations to the Board of Supervisors on all matters upon which the Board has the authority and the duty to act under this Code.

(6)

Delegate administrative functions as he/she so deems to members of the Environmental Health Department.

(7)

Other duties and powers as may be assigned by the Board of Supervisors or established by legislation.

(Ord. No. 1624)

The powers and duties of the County Surveyor under this Code include, but are not limited to the following:

(1)

Establish standards for the form and content of final maps and parcel maps.

(2)

Review requests for determination of compliance with the Subdivision Map Act including but not limited to determining the legality of parcels.

(3)

Examine and certify that final maps and parcel maps are in substantial conformance with the approved tentative map and Subdivision Map Act.

(4)

Approve minor changes to approved tentative parcel maps and Public Work's conditions of approval where the intent of the conditions is maintained or deemed no longer necessary.

(5)

Review and approve amendments and corrections to final maps and parcel maps. Determine if amending maps or certificates of compliance are required.

(6)

Issue certificates of approval for lot line adjustments and certificates of compliance.

(7)

Process notice of violations as it pertains to the Subdivision Map Act.

(8)

Mail notices of intention to determine status for parcel mergers and, in cases in which the property owner does not request a hearing before the Development Review Committee, making determinations regarding whether affected parcels are to be merged or not.

(Ord. No. 1624)

The Zoning Administrator is a County staff member appointed by the CDSA Director with the following powers and duties:

(1)

Review applications for permits and licenses for conformance with this Code and issue a zoning clearance when the proposed use or building is allowed as a matter of right and conforms to all applicable development and use standards, pursuant to Chapter 11.55, Zoning Clearances.

(2)

Approve, conditionally approve, modify or deny administrative use permits for projects that are exempt from CEQA pursuant to the provisions of Chapter 11.57, Use Permits.

(3)

Approve, conditionally approve, modify, or deny temporary use permits pursuant to the provisions of Chapter 11.58, Temporary Use Permits.

(4)

Conduct Design Review on any approvals it grants that are subject to design review and other projects pursuant to Chapter 11.56, Design Review.

(5)

Approve, conditionally approve, modify or deny waivers and modifications pursuant to the provisions of Chapter 11.60, Waivers and Modifications.

(6)

Hear and decide applications for minor modifications to approved permits pursuant to the provisions of Section 11.53.120, Changes to an Approved Permit.

(7)

Other duties and powers as may be assigned by the CDSA Director and/or Planning Director.

(Ord. No. 1624)

11.52.110. - Summary of review authorities for land use decisions and appeals.

Table 11.52.100 below summarizes the authorities responsible for decisions and appeals of different types of zoning and land division permits under this Code. This table is provided for reference; the specific duties of each authority, as well as specific procedures for types of permits, are spelled out in the relevant sections.

Type two: discretionary quasi-judicial actions

(Ord. No. 1624)