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(a) Except to the extent expressly provided otherwise in this title, actions and decisions of the Planning Director, Zoning Administrator, and Planning Commission shall be effective and shall be appealed in the manner provided in this section. A decision of an appeal by a subordinate body may be appealed to the Board of Supervisors in the same manner. As used in this section, “Deciding Authority” shall refer to the Planning Director, Zoning Administrator, or Planning Commission as the circumstances require.
(b) Actions or decisions of the Deciding Authority shall take effect on the sixteenth (16th) day following the action or decision, unless a notice of appeal is filed prior to the sixteenth (16th) day with the clerk of the Planning Commission in the case of Planning Director, Zoning Administrator or other County official’s decisions, or with the Clerk of the Board of Supervisors in the case of Planning Commission decisions. A timely filing of a notice of appeal shall nullify the decision of the Deciding Authority appealed from, whose decision shall serve as a recommendation to the body appealed to. An appeal shall not be considered as timely filed until it is accompanied by the fee established by the Board of Supervisors for such appeal.
(c) Within the time otherwise provided for filing appeals, and where there is a potential for an impact of Countywide importance, any member of the Board of Supervisors may file an appeal. When an appeal is filed by a member of the Board of Supervisors, the clerk with whom it is filed shall cause the matter to be placed on the agenda of the next regular meeting of the Board of Supervisors for a determination by the Board of Supervisors. If the Board determines that there is a potential for an impact of Countywide importance resulting from an action or decision, it may order the appeal to go forward. In the absence of an affirmative determination at that meeting or at a subsequent meeting to which the matter is ordered continued, the appeal shall be deemed withdrawn. No fee shall be required of any appeal taken pursuant to a notice of appeal filed by a member of the Board. A timely filing shall nullify the decision of the Deciding Authority appealed from, whose decision shall serve as a recommendation to the body appealed to.
(d) No appeal, once filed, may be withdrawn without the approval of the body appealed to. The body appealed to shall give such approval after conducting a noticed hearing at which other interested persons shall be given the opportunity to indicate their intention to file appeals in lieu of the appeal to be withdrawn. Upon the expiration of five (5) days after the approval of withdrawal of the appeal, if no other appeals are then pending and no further appeals have been filed, the decision appealed from shall take immediate effect without further order or action. If other appeals are pending or filed, the matter shall continue to be reviewed in the appeal process.
(e) An appeal shall be set for hearing at a subsequent meeting, but in no event later than sixty (60) days after the date of the filing of the notice of appeal with the County Clerk. In the event the body deciding the appeal fails to take action on or continue to a later time a matter appealed under this title, the failure to take action shall be considered a denial without prejudice of the appeal. The matter may be reconsidered upon the giving of proper notice of a new hearing.
(f) The body deciding the appeal shall conduct a public hearing on the matter, notice of which shall be given in the manner required by State planning law. The hearing may be continued from time to time provided that a decision is rendered within the time limits, if any, established by State planning law.
(g) Any appeal of a decision or action shall also serve as an appeal of all related matters decided together with the action appealed from, regardless of the grounds and issues described in the notice of appeal. The body deciding the appeal may reverse, modify or affirm the decision appealed from. In considering the appeal, the body shall consider the evidence presented at previous hearings and/or in the administrative record, and any additional evidence that may be presented at the hearing before it.
(h) Unless otherwise required by California law, the guidelines for quasi-judicial appeals adopted by the Board of Supervisors shall apply to appeals arising under this chapter that are considered by the Board of Supervisors and any subordinate body that elects to adopt its own guidelines that are based on, or generally consistent with, the guidelines adopted by the Board. Unless otherwise set forth therein, any adopted guidelines used in hearing an appeal under this chapter may be modified or waived by the Chair of the hearing body in his or her sole discretion. Such guidelines do not create any additional rights and any failure to follow the guidelines shall not affect the validity of the hearing or the decision made.
(Ord. 1445, eff. August 14, 2014; as amended by § 3, Ord. 1466, eff. March 24, 2016; as amended by § 5, Ord. 1497, eff. June 7, 2018; as amended by § 3, Ord. 1506, eff. February 28, 2019)
(a) It shall be the duty of the Planning Director to enforce the provisions of this chapter pertaining to the use of any land or structure. It shall be the duty of the Chief Building Inspector to enforce the provisions of this chapter pertaining to bulk, height, and land coverage of structures, open spaces about structures, and the dimensions and area of sites upon which structures are located. Requirements pertaining to health and sanitation, fire protection, and Building Code regulations shall be enforced by the respective agencies which have jurisdiction in such matters. Whenever there is a conflict between the provisions of this chapter and other County, State, and Federal regulations, the more restrictive regulations shall apply.
(b) All departments, officials, and public employees of the County vested with the duty or authority to issue permits, certificates, or licenses shall conform to the provisions of this chapter and shall issue no permit, certificate, or license for uses, buildings, or purposes in conflict with the provisions of this chapter, and any such permit, certificate, or license issued in conflict with the provisions of this chapter, intentionally or otherwise, shall be null and void.
(c) Any person, whether as principal, agent, employee, or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued, or permitted by such person and shall be punishable as set forth in said Chapter 2 of Title 1 of this Code.
(d) If any person is arrested for any such violation and such person is not immediately taken before a magistrate, the arresting officer, pursuant to the provisions of Section 853.6 of the Penal Code of the State, shall prepare, in duplicate, a written notice to appear in court. Such written notice shall contain the name and address of such person and the offense charged and shall set forth the time when and the place where such person shall appear in court. The time set forth in the notice to appear shall be at least five (5) days after such arrest. The place set forth in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.
(e) The arresting officer shall deliver one (1) copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail which, in his judgment, in accordance with the applicable provisions of the Penal Code of the State, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in the applicable section of said Penal Code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before a magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in his discretion, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for disposition pursuant to the applicable provisions of said Penal Code. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment as required by law.
(f) Any person willfully violating his written promise to appear in court shall be deemed guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. Whenever a person signs a written promise to appear at the time and place set forth therein and has not posted bail as provided in said Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his promise to appear before the officer authorized to receive bail, other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
(g) Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, or any use of any property conducted, operated, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the District Attorney, upon an order of the Board, shall immediately commence an action or proceedings for the abatement, removal, and enjoinment thereof in a manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, constructing, altering, enlarging, converting, moving, maintaining, or using any such building or structure, or using any property contrary to the provisions of this chapter.
(Ord. 1445, eff. August 14, 2014)
(a) The intent of this section is to classify uses according to a limited number of Use Types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public health, safety, and general welfare. These classifications shall apply throughout this title.
(b) All uses shall be classified according to the Use Types described in this chapter beginning with Section 8-2.303. The classifications shall comply with the provisions of this section.
(c) The most prevalent Use Types identified for each zone district are “principal” uses allowed by right. Use Types also include “accessory” or “ancillary” uses identified by broad category. Use Types also include conditional uses permitted through the issuance of a Use Permit.
(d) The description of the Use Types in this chapter often contains individual specific uses that are classified within the Use Type. These specific typical uses are examples and are not meant to include all uses that may properly be classified within the Use Type.
(e) New specific uses shall be classified into use types based upon the description of the Use Types and upon characteristics similar to other uses already classified within the Use Type, subject to the applicable provisions of Subsection (f) of this section.
(f) The principal uses conducted on a single parcel shall be classified separately.
(g) The Director of the Planning, Public Works and Environmental Services Department shall have the following authority and responsibilities with respect to the Use Classification System:
(1) The Director shall have the authority to classify uses according to Use Types or to determine that a use does not fit under any use type and, therefore, is not permitted.
(2) The Director may make an interpretation, binding upon the County, as to whether a particular use is either a principal allowed use, accessory or ancillary use, conditional use, or is not allowed in a particular zone.
(3) The Director may determine that a particular use is consistent with the general purposes of the zone and is of the same general character as those uses expressly listed as either permitted, accessory, and conditional uses in the zone, and therefore determine that the use is allowed in the zone as either a permitted, accessory, or conditional use.
(4) The Director shall develop and maintain an administrative list of common uses and the Use Types into which they are classified.
(5) The classification of a use is an administrative decision without notice and hearing, except that an applicant can appeal the Director’s decision pursuant to Section 8-2.225.
(Ord. 1445, eff. August 14, 2014)
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