(A) Purpose. This chapter lays out the basic roles, responsibilities, and functions of all planning authorities, including the Board of Supervisors, Planning Commission, and Planning Director.
(B) Board of Supervisors. The powers and responsibilities of the Board of Supervisors include, but are not limited to the following. The relationship of the Board of Supervisors to the Planning Commission and staff in the approval process is shown in Table 25.01-A, “Review Authorities.”
(1) Consider and adopt, reject or modify proposed amendments to the general plan, zoning code, zoning map, development agreements, specific plans, and environmental documents related to any of the foregoing, pursuant to the provisions of the amendments to the general plan, zoning code, and zoning map section in Chapter 25.01.
(2) Hear and decide appeals from decisions of the Planning Commission pursuant to the provisions of the appeals section in Chapter 25.01.
(3) Consider and adopt, reject, or modify development agreements, following a public hearing and recommended action by the Planning Commission, pursuant the provisions of the development agreements section in Chapter 25.01.
(4) Establish, by resolution, a county fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.
(C) Planning Commission. The powers and responsibilities of the Planning Commission include, but are not limited to the following. The relationship of the Planning Commission to the Board of Supervisors and staff in the approval process is shown in Table 25.01-A, “Review Authorities.”
(1) Approve, modify, or deny parcel maps, tentative maps, conditional use permits and variances.
(2) Make recommendations to the Board of Supervisors on development agreements.
(3) Make recommendations to the Board of Supervisors on proposed amendments to the general plan, zoning code, and zoning map, specific plans, and environmental documents related to any of the foregoing.
(4) Hear and decide appeals from decisions of the Planning Director.
(5) Hear and decide proposals to revoke permits.
(6) Consider and adopt environmental determinations on any approvals that are subject to environmental review under the California Environmental Quality Act, pursuant to state law.
(7) Annually review progress towards implementation of the general plan and make recommendations to the Board of Supervisors based on any new legislation, development trends, or changing economic, social, and environmental conditions.
(8) Such other powers and responsibilities as assigned or directed by the Board of Supervisors.
(D) Planning Director. The powers and responsibilities of the Planning Director (“the Director”), or his/her designee, include, but are not limited to the following. The relationship of the Planning Director to the Board of Supervisors and Planning Commission in the approval process is shown in Table 25.01-A, “Review Authorities.”
(1) Perform all the functions designated by state law, including, but not limited to the following:
(a) Annual report related to implementation of the general plan in compliance with Cal. Gov’t Code § 65400;
(b) Review of public works projects for conformity to the General Plan in compliance with Cal. Gov’t Code § 65401; and
(c) Review of acquisition of property for conformity to the General Plan in compliance with Cal. Gov’t Code § 65402.
(2) Maintain and administer the zoning code, including the processing of applications, abatements, and other enforcement actions.
(3) Clarify or make determinations when ambiguities exist with regard to the meaning of any provision of this Code or their application to a specific parcel or project.
(4) Prepare rules and procedures necessary for conducting the Director’s business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping). These rules and procedures must be approved by Board of Supervisors resolution, following review and recommendation by the Planning Commission.
(5) Issue administrative regulations for the submission and review of applications subject to the requirements of Cal. Gov’t Code § 65950, Deadlines for Project Approval Conformance; Extensions.
(6) Issue a zoning clearance pursuant to provisions of the zoning clearance section in § 25.01.012.
(7) Approve, modify, or deny administrative use permits, pursuant to the provisions of the use permits section in § 25.02.002.
(8) Approve, modify, or deny home occupation permits and rural home enterprises, pursuant to the provisions of § 25.08.004.
(9) Approve, modify, or deny temporary use permits, pursuant to the provisions of the temporary use permits section in § 25.01.004.
(10) Approve, modify, or deny a minor modification, pursuant to the provisions of the administrative modifications section in § 25.02.008.
(11) Approve, modify, or deny requests for reasonable accommodation for land use projects, pursuant to the provisions of the reasonable accommodation section in § 25.02.010.
(12) Conduct minor development plan review and approve, modify, or deny land use projects pursuant to the provisions of the design review section in § 25.02.001.
(13) Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.
(14) Make recommendations to the Planning Commission and Board of Supervisors on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this title.
(15) Investigate and report to the Planning Commission on permit violations when the County has initiated revocation procedures, pursuant to the provisions of the revocation of permits section in § 25.02.013.
(16) Delegate administrative functions to members of the Planning Division.
(17) Such other powers and responsibilities as assigned or directed by the Board of Supervisors.
(E) Summary of review authorities for decisions and appeals. Table 25.01-A, below, identifies the Review Authority responsible for reviewing and making decisions on each type of application required by the zoning code.
Type of Action | Applicable Code Section | Role of Review Authority | ||
Director | Planning Commission | Board of Supervisors | ||
Legislative Actions
| ||||
Development agreements and amendments | County Code 19.11 | Recommend | Recommend | Decision |
Zoning code and zoning map amendments | Recommend | Recommend | Decision | |
General plan and specific plan amendments | Recommend | Recommend | Decision | |
Type of Action | Applicable Code Section | Role of Review Authority | ||
Director | Planning Commission | Board of Supervisors | ||
Planning Permits, Approvals, and Administrative Actions
| ||||
Type of Action | Applicable Code Section | Role of Review Authority | ||
Director | Planning Commission | Board of Supervisors | ||
Planning Permits, Approvals, and Administrative Actions
| ||||
Administrative use permits | Decision | Appeal | Appeal | |
Conditional use permits: Adoption | Recommend | Decision | Appeal | |
Modification and revocation of permits | Recommend | Decision | Appeal | |
Temporary use permits | Decision | Appeal | Appeal | |
Temporary event permits | Decision | Appeal | Appeal | |
Sign permits | Decision | Appeal | Appeal | |
Minor modifications | Decision | Appeal | Appeal | |
Variances | Recommend | Decision | Appeal | |
Planned developments | Recommend | Decision | Appeal | |
Reasonable accommodations | Decision | Appeal | Appeal | |
Development plan review | Decision | Appeal | Appeal | |
Home occupation and rural home enterprise permits | Decision | Appeal | Appeal | |
Nonconforming uses, structures and sites | Decision | Appeal | Appeal | |
Interpretations of this zoning code | Decision | Appeal | Appeal | |
Zoning clearances | Issue | Appeal | Appeal | |
Zoning district boundary determinations | Decision | Appeal (Decision in Some Cases) | Appeal | |
Table Notes 1. “Recommend” means that the Review Authority makes a recommendation to a higher decision-making body; “Decision” means that the Review Authority makes the final decision on the matter; “Issue” means that the Director grants the zoning clearance after confirming compliance with all applicable provisions of this zoning code; and “Appeal” means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision- making body. 2. When necessary, the Director may defer action and refer the request to the Planning Commission for consideration and final decision or may bring an action from the Planning Commission to be made by the Director. 3. When necessary, the Planning Commission may defer action and provide a recommendation to the Board of Supervisors for consideration and final decision. |
(Ord. 1043, § 3 (part), 2022)