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HomeMy WebLinkAboutMINUTES - 03121985 - 1.14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 12 1985 by the following vote: AYES: Supervisors Powers , McPeak, Torlakson, Fanden. NOES: None. ABSENT: Supervisor Schroder. ABSTAIN: None . SUBJECT: Readoption of Ordinance No. 85-14 IT IS BY THE BOARD ORDERED that Ordinance No. 85-14 adopted as an urgency measure on March 5 , _1985_ which delegated Code amendment reviews to the "County" planning commission as distinguished from the "area" planning commissions , and to.-delete-the last paragraph_of Section 26-2.1504. , is ADOPTED again as a regular ordinance this 12th –_—day of March 19851 reading thereof having been waived by' unanimous vote of the Board. I I i i I I • ORDINANCE NO. 85- 14 (County-Planning—Commission and Ordinance Code Amendments ) 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 urgency ordinance amends County Ordinance Code $2672.1504 'to delegate Code amendment reviews to the "County" planning commission as distinguished from the "area" planning commissions , and to delete the last paragraph of 526-2.1504 which is reeodified by Section III below. SECTION II . Section 26-2.1504 of the County Ordinance Code is amended , to read : 26-2. 1504 Power and duties . Each area planning commission in its territory has all functions , powers , and duties assigned or delegated to the planning commission and the zoning administrator in this chapter and Title 9 of this code, except the following functions , powers , and duties which remain with the planning com- mission or zoning administrator : (1 ) All applications for variance permits and minor subdivisions pursuant to subsections (1 ) and (3) of 526-2. 1204 for the territory of the San Ramon Valley Area planning commission shall continue .to be heard and decided by the zoning administrator . (2 ) All recommendations concerning proposed amend- ments to this code, required by law or requested by the board, shall be made by the planning commission unless the board directs area. planning commission recommend- ations . (Ords . 85-14 _ 529 78-27, 77-62 53. ) SECTION III . Section 26-2.1505 is added to the County Ordinance Code, to recodify the last paragraph of 526-2.1504 deleted by SECTION 1I , to read : 26-2. 1505 Area commission_general_elan_changes . When the board refers any proposed general plan change or addition con- cerning an area planning commission' s territory to that commission for review and comment , it ' shall provide the board with its writ- ten comment on the proposed change or addition. (Ords . 85- 14 53, 78-279 77-62 53. ) I I ORDINANCE NO. 85-14 I r i SECTION IV. URGENCY DECLARATION. This ordinance is for the imme- diate preservation-oT-tfie pu6Tic peace, health, and safety within the meaning of Government Code Section 25123 and Elections Code Section. 3751 , because the board has enacted a moratorium on the approval of use permits for wind energy conversion systems until an ordinance establishing specific standards for wind energy eon- version land uses can be reviewed by the County ' s planning com- missions and adopted by the board. Pending use permits applications for, such conversion systems are located in the terri- tory of the County planning commission. i The adoption' of these regulations will allow the prompt review of the proposed .standards ordinance by the County planning com- mission and its board adoption without delays necessary for other County planning agency division review. For this reason, the moratorium will be terminated earlier and the establishment of wind energy conversion systems allowed for the continued preser- vation of the public 's peace, health and safety. SECTION V. SEVERABILITY. This Board declares that , if the urgency nature o this ordinance is invalidated, it intends SECTIONS II and 'III to remain valid and effective and that it would have passed SECTIONS II and III even without the urgency provisions . Therefore, the Board directs that this ordinance be treated and published , effective and operative, as both an urgency and a non-urgency ordinance as provided in SECTION VI . SECTION VI . EFFECTIVE AND OPERATIVE DATES . As an urgency ordi- nance,nance, this ordinance becomes effective and operative immediately on introduction and passage. If a court holds it to be a non- urgency ordinance, it becomes effective 30 days after passage (on second reading) , and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times a newspaper published in this County.---------------------- PASSED ON March 5 ,_ 1985by the following vote: AYES: Supervisors Powers, Schroder , McPeak, Torlakson, Fanden. NOES : Ncme. ABSENT: NoTte. ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: s _ 7 __ /X\ Deputy Board Chai [SEAL] VJW: te (2-21-85) ORDINANCE NO. 85__I(L__ I