Chapter 86.01 — PLANNING AGENCY

In compliance with the authority granted to local jurisdictions by the State’s Government Code, a Planning Agency is hereby established.

(a) Board. The Board shall act as the Planning Agency for land use applications that require a public hearing and legislative action, and for those that are referred or appealed to the Board in compliance with Table 85-1 (Review Authority), Table 85-3 (Special Use Permits) and Table 85-4 (Temporary Use Permits).

(b) Commission. The Commission shall act as the Planning Agency for land use applications that require a public hearing and for those that are referred or appealed to the Commission in compliance with Table 85-1 (Review Authority), Table 85-3 (Special Use Permits) and Table 85-4 (Temporary Use Permits).

(c) Director. The Director shall act as the Planning Agency for land use applications including those requiring a public hearing, staff review with notice, and staff review without notice in compliance with Table 85-1 (Review Authority), Table 85-3 (Special Use Permits) and Table 85-4 (Temporary Use Permits).

(d) Zoning Administrator. The Zoning Administrator may act in the place of the Director for land use applications within the Director’s authority to approve

(e) Compliance with Division 5. As applicable and in compliance with Division 5 (Permit Application and Review Procedures), other County Department Heads when needed, as determined by the Director, shall act as the Planning Agency for those land use applications requiring oversight by that department. In these instances, the other County Department Heads, where applicable, shall coordinate with the Director regarding the functions detailed by this Chapter for the Director.

(f) Implementation of State Planning and Land Use Law. The Director shall act as the Planning Agency when preparing required documents to implement State Planning and Land Use Law (Government Code §§ 65000 et seq. ), and other land use planning related State laws.

(Ord. 4011, passed - -2007)

(a) Functions of Planning Agency. The Planning Agency shall be responsible for performing all of the following functions:

(1) Prepare, periodically review, and revise as necessary the General Plan.

(2) Implement the General Plan through actions including the administration of community plans, land use zoning districts, specific plans, and subdivision ordinances.

(3) Annually review the capital improvement program of the County and the public works projects of other local agencies for their consistency with the General Plan.

(4) Promote public interest in, comment on, and understanding of the General Plan, and regulations relating to it.

(5) Consult and advise with public officials and agencies, public utility companies, civic, educational,

professional, and other organizations, and citizens generally concerned with implementation of the General Plan.

(6) Promote the coordination of local plans and programs with the plans and programs of other public agencies.

(7) Perform other functions as required by the Board, including conducting studies and preparing plans other than those required or authorized by Government Code §§ 65000 et seq.

(b) Compliance with the CEQA. The Planning Agency shall be responsible for determining the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures.

(c) Certification of Environmental Documents. The Planning Agency shall be responsible for certification of Environmental Impact Reports and the filing of either a Notice of Determination or Notice of Exemption on each approved project.

(d) Review of Land Use Applications. The Planning Agency shall have the authority to approve, conditionally approve, or disapprove all land use applications and make related environmental review determinations, including the authority to impose mitigation measures as conditions of approval. The land use applications include all designs, maps, plans, and other forms of application for development, subdivision, or use of property.

(e) Commission’s Review of Need for EIR Preparation. The Planning Agency shall only consider environmental review decisions in conjunction with the consideration of a related project. However, the Commission may, when necessary, consider separately the decision by the Director to require the preparation of an Environmental Impact Report before the preparation.

(f) Director’s Duties. In addition to the above listed functions, the Director, as part of the Planning Agency, shall have the following duties.

(1) Making investigations and reports on the design and improvements of proposed subdivisions and other land use applications affecting the development of real property and to make or recommend imposition of requirements or conditions on the applications;

(2) The preliminary screening of projects to determine which projects are exempt from, and which projects are subject to, the requirements of the California Environmental Quality Act (CEQA), and the preparation, filing, and distribution of environmental documents as appropriate;

(3) Conducting Initial Studies and making determinations or recommendations as to whether a Negative Declaration or Notice of Exemption will be issued or whether an Environmental Impact Report will be required;

(4) Determining or recommending whether an Environmental Impact Report on a multi-phased project that requires subsequent discretionary actions by the County adequately describes the impacts of the phase of the project under consideration;

(5) Reviewing reports to determine or recommend whether a proposed project may have a significant adverse effect on the environment;

(6) Preparing documents for the implementation of State Planning and Land Use Law (Government Code §§ 65000 et seq. ) and other miscellaneous planning related laws. These documents shall include administrative policies, procedures, ordinances, resolutions, and land use application filing forms, information, and requirements, and other public information documents; and

(7) Acting as or appointing the Zoning Administrator for purposes of complying with Government Code §§ 65900 et seq.

(g) Zoning Administrator’s Duties. The duties of the Zoning Administrator shall be in compliance with Government Code §§ 65900 et seq. and § 86.01.010(d) (Zoning Administrator), above.

(h) Appeal. Actions of the Director and the Zoning Administrator shall be appealable to the Commission and then to the Board in compliance with Chapter 86.08 (Appeals). The appeal of some actions taken by the Director or Zoning Administrator may only by the Planning Commission in compliance with Chapter 86.08 (Appeals). (Ord. 4011, passed - -2007)

§ 86.01.030 Procedures.

The procedures followed by the Planning Agency shall be specified by this Development Code, including the associated administrative policies and procedures for all application reviews.

(Ord. 4011, passed - -2007)