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HomeMy WebLinkAboutORDINANCES - 10221991 - 91-50 ORDINANCE NO. 91- 50 (County and Regional Planning Commissions Duties and Membership) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . Section 26-2 . 408 of the County Ordinance Code is amended, to specify planning commission duties for 26 or more — peak trip entitlements, to read: 26-2 . 408 . Powers and duties . The planning commission shall : ( 1 ) Exercise all powers and duties prescribed by law (statute, ordinance or board order) including consideration of matters referred to it by the zoning administrator except those powers and duties specifically reserved or .delegated to other divisions of the planning agency; ( 2 ) Initiate preparation of general plans, specific plans, regulations , programs and legislation to implement the planning power of the county; ( 3 ) Be generally responsible for advising the legislative body- of matters .relating to planning, which, in the opinion of . the commission, should be studied; ( 4 ) Be the advisory agency as designated in Title 9 of this code for the purpose of passing on subdivisions . (5 ) Hear and decide all applications or requests for proposed entitlements estimated to generate 26 or more peak hour trips unless otherwise provided by this code or board order. (Ords . 91-50 § 1 , 77-33 § 4 , 1975 : prior code § 2202 . 20 : Ord. 917 . ) SECTION II . Section 26-2 . 808 of the Ordinance Code is amended, to add subsection ( 5 ) , to read: 26-2 . 808 . Powers and duties . The Community Development department shall : ( 1 ) Perform the duties required forfthe proper preparation and administration of the general plans , as provided by statute . and ordinance; 91-50 ( 2) Perform the duties required for the proper preparation and administration of specific plans and regulations as provided by statute and ordinance; ( 3 ) Provide administrative support and professional advice to the planning .commission, area planning commissions, board of appeals, and zoning administrator; (4 ) Perform special studies and surveys as directed by the board of supervisors ; ( 5) Based upon the general plan and other information available to it, evaluate applications or .requests for entitlements made pursuant to this chapter and titles 8 or 9 and estimate whether the proposed entitlement would generate 26 or more or less than 26. peak hour trips . (Ords . 91- 50 § 2, 77-62 § 2 , 77-33 § 6 , 1975 : prior code § 2202 . 40 Ord 917 . ) SECTION III . Section 26-2 . 1204 of the Ordinance Code is amended, to increase zoning administrator duties for less than 26 peak hour entitlements , to read: 26-2. 1204 Powers and duties . Unless otherwise provided by this code, the zoning administrator shall : ( 1 ) Hear and decide all applications for variance permits including off-street parking and loading requirements , highway setback requirements and sign requirements . Further, the zoning administrator shall review and decide all site, development, elevations , off-street parking and loading and landscaping plans and drawings, and plans and drawings for location, size and design of signs . Where matters covered by this paragraph are requested with the filing of a tentative minor subdivision map, the entire application shall be considered by the division charged with reviewing the map; ( 2 ) Hear and decide all requests for conditional use permit (also referred to as land use permits ) ; ( 3 ) Be part of the advisory agency for the purpose of passing on minor subdivision and tentative maps as specified in Title 9 of this code; ( 4 ) Hear and decide all applications or requests for proposed entitlements estimated to generate less than 26 peak hour trips; -2- ORDINANCE NO. 91- 50 ( 5 ) Such other matters that may be specifically assigned by ordinance or order. (Ords . 91- 50 § 3 , ' 77-33 § 8 , '1975 : prior code § 2202 . 50 : Ord. 9.17 . ) SECTION IV. Section 26-2 . 1512 of the Ordinance Code is amended, to provide for seven members on the East county regional planning commission and to have the size of each commission be seven members each, to read: 26-2 . 1512 East county regional commission. The east county regional planning commission is established and shall have seven members . The commission' s territorial area of jurisdiction is all of the. unincorporated territory located in the area bounded on the north, east and south .by the Contra Costa County line and on the west by aline beginning at the most northwesterly point of the Delta Diablo Sanitary District and following the westerly border of that District and the extension of,,-that boundary line to the south to its intersection with the -Concord city limit line, following a northeasterly and then southeasterly direction along the easternmost Concord city limit and sphere of influence line to its intersection with the Clayton. sphere of influence line, following the line to its northeasternmost point, and from that point to the southwest corner of the Black Diamond Regional Reserve, following the southern border of that reserve to its most southeastern corner, and from that point due south to its intersection with the easternmost. boundary of the San Ramon Valley. Area General Plan and following that boundary in a southeasterly direction to its intersection with the Contra Costa and Alameda County line. The "East County Regional Planning Commission Boundary Description Map, " which is on file with the clerk of this board; is adopted by this reference and available for public inspection in the community development department . (Ords . 91-5D—§ A ,- .88-65 - § 1 , 86 ' 417 . ) SECTION V. Section 92-4 . 004 of the Ordinance Code is amended, to provide advisory agency authority as to .tentative maps and peak hour trips , to read: 92-4 :004 Advisory agency. (a ) Planning Commission. The planning commission is designated as the advisory. agency with respect to proposed tentative maps relating to: ( 1 ) Subdivisions of five or more lots estimated to generate 26 .or more peak hour .trips; or , ( 2) Any subdivisions referred to it by the zoning administrator for consideration and.. initial. decision. -3- ORDINANCE. NO. 91-� 50 (b) Zoning Administrator. - The zoning administrator is designated as the advisory agency with respect to proposed tentative maps relating to subdivisions : ( 1 ) Of four or less lots ; or ( 2 ) Estimated to generate less than 26 peak hour trips . (c) Community Development Department. The community development department is designated as the advisory agency for purposes of reviewing and approving a proposed tentative map pursuant to Article 94-2 . 202 of this. title. . . (d) Authority. The designated advisory agency shall have all 'powers and duties with respect to any said proposed maps and the procedures relating thereto which are specified by law and by this code . (Ords . 91- 50 § 5 , 78-5 . ) SECTION VI . Terms of Office: Notwithstanding any provision of the county ordinance code or any other county ordinance, the present nominated and appointed east county regional planning commission members ' terms end on November 30 , 1991 . Initial member appointments for terms beginning after November 30, 1991 shall be for staggered terms expiring June 301 1992 or June 30, 1994 as provided in the Board of Supervisors ' appointment order but otherwise subject to the provisions of the ordinance code. SECTION VII . Reservation : By this ordinance' s amendment (in its Section IV) of section 26-2 . 1512 , this board doesn't intend to repeal or amend the provisions of Section III of Ordinance No. 88-75; which Section III shall remain in full force and effect . SECTION -VIII . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be -4- ORDINANCE NO. 91- 50 published once with the names of the Supervisors voting for and against it in the Martinez News Gazette, a newspaper published in this County. PASSED on October 22 , 1991 , by the following vote:- AYES: oterAYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers. NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the BMar BarCou t Administrato By: 44 ° - T De uty Board Chair V J"W:d f ( 8-29-9.1 ) ( 10-2-91 ) ( 1.0-12-91 ) df10:vjw\ord\duties -5- ORDINANCE NO. 91- 50