Loading...
HomeMy WebLinkAboutMINUTES - 03051985 - 2.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 5 , 1985 , by the following vote: AYES: Supervisors Powers , Schroder, McPeak, Torkalson, Fanden. NOES: None. ABSENT: None . ABSTAIN: None. SUBJECT: Urgency Ordinance In a February 27 , 1985 memorandum to the Board County Counsel transmitted a proposed Ordinance to provide for County planning commission review of proposed amendments (Text , Procedural , etc. ) to the "zoning and subdivision" portions of the County Ordinance Code unless the Board directs area planning commission review. IT IS BY THE BOARD ORDERED that said Ordinance is INTRODUCED reading is waived and Ordinance adopted as an Urgency Ordinance. IT IS FURTHER ORDERED that March 12 , 1985 is fixed as the day for adoption of said Ordinance as a Regular Ordinance. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supero ors on the date shown. p, ATTESTED: S Z90 S PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By P,/� , Deputy Orig. Dept.. , cc: ORDINANCE NO. 85- 14 (CoE—nfy—PTanning_CBffiR S S 16 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 526-2. 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 recodified 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 52, 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 II , to read: 26-2.1505 Area commission_general_plan_chan�es . 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, 78-27, 77-62 S3. ) ORDINANCE NO. 85-14 i SECTION IV. URGENCY DECLARATION. This ordinance is for the imme- ate 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 con- 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. 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 of 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 : Vie. ABSENT: ��e. ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By Deputy Board Cha [SEAL] VJW: te (2-21-85) ORDINANCE_NO__85__L!___