HomeMy WebLinkAboutORDINANCES - 10201992 - 92-73 µ 'T /. 56
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ORDINANCE NO. 92-73
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REGARDING DEVELOPMENT AGREEMENTS)
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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. SUMMARY. This ordinance amends Sections 26-2.408 and 26-2.1204 of the
County Ordinance Code to codify the long-standing practice and intent of the Board of
Supervisors, as established in Resolution No. 85/412, that the zoning administrator has the
responsibility as the hearing body to consider and make recommendations on proposed
development agreements when they are processed separately from the project applications,
and that the planning commission has that responsibility when it is considering the project
applications and the development agreement is being processed concurrently. This ordinance
also confirms the Board's pre-existing intent that assignment of functions to the planning
commission and the zoning administrator by resolution is equivalent to assignment by board
order.
SECTION II. Section 2-26.408 of the County Ordinance Code is amended to read:
26-2.408 Planning commission - Powers and duties. The planning
commission shall:
(1) Exercise all powers and duties prescribed by law (statute, ordinance,
resolution 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 100 or more peak hour trips unless otherwise provided by this
code or board order; and
(6) Hear and make recommendations regarding proposed development
agreements when it is hearing the related project applications being processed
concurrently with the development agreements. (Ords. 92-73 § 2, 1992: 92-66 § 1,
1992: 91-50 § 1, 1991: 77-33 § 4, 1975: prior code § 2202.20: Ord. 917.)
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SECTION M. Section 2-26.1204 of the County Ordinance Code is amended to read:
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1 26-2.1204 Zoning administrator - 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
z 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 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 100 peak hour trips; and
(5) Hear and make recommendations regarding proposed development
agreements when such agreements are processed separately from the development
project applications;
(6) Hear and act on such other matters as specifically assigned by ordinance
or board resolution or order. (Ords. 92-73 § 3, 1992: 92-66 § 3, 1992: 91-50 § 3,
1991: 77-33 § 8, 1975: prior code § 2202.50: Ord. 917.)
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of the
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ORDINANCE NO. 92-73
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supervisors voting for and against it in the Contra Costa Times
a newspaper published in this County.
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PASSED ON October 20, 1992 , by the following vote:
AYES: Supervisors Powers, Fanden, Torlakson, McPeak
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors Board Chair
and County Administrator
By [SEAL]
Deputy
(10-20-92,SBM)
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ORDINANCE NO. 92-73