The County of Santa Clara - SCC Public Portal

SEARCH SCCgov

AGENCIES & DEPTS

SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER II. DEPARTMENT OF PLANNING AND DEVELOPMENT

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

CHAPTER II.
DEPARTMENT OF PLANNING AND DEVELOPMENT

ARTICLE 1.
IN GENERAL

Sec. A33-10. Department recognized.

There is in the Agency the Department of Planning and Development which consists of the Office of Development Services and the Planning Office.

(Ord. No. NS-300.705, § 2, 1-14-03)

ARTICLE 2.
OFFICE OF DEVELOPMENT SERVICES

Sec. A33-11. Director of the Office of Development Services.

There is in the Office of Development Services the position of the Director who is appointed by and is under the supervision of the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-12. Building Official.

There is in the Office of Development Services the position of County Building Official, who is appointed by and is under the supervision of the Agency Director. The Building Official is in charge of and responsible for all building inspection activities and the enforcement of all building codes as adopted by the Board of Supervisors, and such other duties as are prescribed by the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-13. County Surveyor.

There is in the Office of Development Services the position of County Surveyor, who shall be a registered civil engineer of the State. The Surveyor is appointed by and is under the supervision of the Director of the Office of Development Services. In addition to duties and functions required by state law, the County Surveyor shall perform such other duties as are prescribed by the Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-14. Street name procedure.

The County Surveyor is the designated County officer responsible for implementing and administering a street name procedure, including holding a noticed public hearing, rendering a decision on the proposed street name change and filing an order with the Board of Supervisors designating the new street name. Any appeal from the decision shall be to the Planning Commission, which, after conducting a noticed public hearing, shall render a decision on the appeal, which decision shall be final.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-15. Tract number issuance.

The County Surveyor is the designated County officer responsible for implementing and administering a procedure for the issuance of tract numbers. An applicant filing for a tract number shall, at the time of filing an application, pay to the County of Santa Clara a fee in the amount prescribed by resolution or ordinance of the Board of Supervisors.

(Ord. No. NS-300.705, § 2, 1-14-03)

Secs. A33-16--A33-19. Reserved.

ARTICLE 3.
PLANNING OFFICE

Sec. A33-20. Planning Director.

There is in the Department of Planning and Development the position of Planning Director who is appointed by and is under the supervision of the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-21. Duties of Planning Director.

The Planning Director shall be responsible for the general formation, adoption and carrying out of policies for improving the physical environment of the County, for promoting the social and economic well-being of its citizens, and for conserving and putting to best use its natural resources, and such other duties as may be prescribed by the Agency Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-22. Zoning enforcement.

The Planning Director shall be responsible for enforcing all zoning ordinances.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-23. Technical opinions.

The Planning Director shall render technical opinions to any board or commission requesting the same; and, in the discretion of the Agency Director, any other material prepared by staff of the Agency relative to the matter may be appended for the information of the board or commission in making its decision.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-24. Planning Commission meetings.

The Planning Director may attend the meetings of the Planning Commission and shall be available for technical assistance at such meetings.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-25. Planning Office.

The Planning Office is the Planning Agency under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code 651000 et seq.) for the following functions:

(a) To prepare, develop and maintain a general plan;

(b) To review periodically the capital improvement program of the County;

(d) To review and report to the County Executive to conformity of the coordinated program of proposed public works for the ensuing fiscal year with the adopted General Plan or part thereof;

(e) To report upon the conformity of public acquisition, dispositions, abandonments or construction with adopted general plans in accordance with of the Government Code § 65402. The provisions of Government Code § 65402(a) shall not apply to:

(1) The disposition of the remainder of a larger parcel that was acquired and used in part for street purposes;

(2) Acquisitions, dispositions or abandonments for street widenings; or

(3) Alignment projects; provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widenings or alignment projects are of a minor nature;

(f) To report under Government Code §§ 65401, 65402 on the conformity of improvement of streets, authorization or laying of sewers, or other improvements, including public buildings or works (including school buildings) with specific street or highways or open space plans adopted by the Board of Supervisors.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-26. Planning Office and Planning Commission as Planning Agency.

The Planning Office, in combination with the Planning Commission, or either the Planning Office or the Planning Commission, shall be the planning office under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code § 651000 et seq.), for the following functions:

(a) To develop such specific plans as may be necessary or desirable. It may or, if so directed by the Board of Supervisors, shall prepare specific plans based on the General Plan and drafts of such regulations, programs and legislation as may in its judgment be required for the systematic execution of the General Plan. It may recommend such plans and measures to the Board of Supervisors for adoption.

(b) To investigate and make recommendations to the Board of Supervisors upon reasonable and practical means for putting into effect the General Plan or part thereof, in order that it will serve as a pattern and guide for the orderly physical growth and development of the County and as a basis for the efficient expenditure of its funds relating to the subject of the General Plan. The measures recommended may include plans, regulations, financial reports and capital budgets.

(d) To consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the General Plan.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-27. Deferment and waiver of fees.

(a) The Planning Director shall have the authority to defer the payment of any fee, including land development application fees, in individual cases where the applicant has established that advance payment of the fee would constitute an extreme hardship. The Planning Director is authorized to establish reasonable terms and conditions for any deferred payment to secure collection of the fee. The applicant may appeal any decision of the Director to the Board of Supervisors.

(b) The Director shall have the authority to waive fees in whole or in part in the case of any applicant for a permit who can demonstrate he or she is below the poverty level as established by the County Social Services Administration according to the size of the applicant's family.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-28. Supplemental fees.

In those cases when the cost to the County for processing an application with a fixed or flat fee exceeds 400 percent of the amount of the fee, a supplemental fee may be assessed by the Planning Commission. Prior to assessing the supplemental fee, the matter shall be presented to the Planning Commission, and the applicant shall have the opportunity to show cause why the supplemental fee should not be assessed to his or her pending or completed application. The supplemental fee shall equal the actual cost to the County in excess of 400 percent of the fee for processing the application.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-29. CEQA monitoring.

Sec. A33-29.1. Monitoring programs.

Monitoring programs shall be developed for both public and private projects, whether or not such project requires County land use approval, when mitigation measures are imposed to mitigate or avoid significant adverse impacts of a project. The monitoring program shall include all conditions determined to be required to mitigate all potentially significant environmental impacts of a project in accordance with the California Environmental Quality Act (CEQA) and the CEQA guidelines. The decision-making body shall adopt a monitoring program in such cases.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-29.2. Fees.

The environmental assessment fee and mitigation monitoring fee shall be assessed for private projects as described in this section. The amounts of these fees shall be prescribed by resolution of the Board of Supervisors. These fees shall be paid to the Planning Office. The environmental assessment fee is nonrefundable and shall be paid when the determination is made regarding what type of environmental assessment is required. There shall be two types of mitigation monitoring fees: (a) a nonrefundable flat fee for projects for which monitoring and oversight activities are expected to be limited in scope and duration and do not require special expertise; and (b) a project-specific fee for projects for which monitoring and oversight activities are expected to exceed the flat fee because the activities would either be extensive in scope or duration or require special expertise. The amounts of the flat fee and the initial deposit required for the project-specific fee shall be as prescribed by resolution of the Board of Supervisors. The Planning Director shall determine which fee applies to a project prior to project approval. The amount of the flat fee or deposit for the project-specific fee, whichever applies to the project, shall be paid within 14 days of project approval. If the deposit for the project-specific fee differs from the actual cost incurred, either a refund shall be given or an additional payment shall be required to balance the cost incurred and the payment for the services. If this additional payment is not received by the County within a reasonable period of time, the County may take any action authorized by law to collect the actual cost incurred and may also pursue the remedies listed in Section A33-29.3 below. The project-specific fee may include fees established by the Department of Environmental Health to recover for the costs of their monitoring responsibilities.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-29.3. Compliance and enforcement.

(a) In order to ensure compliance and enforcement of the monitoring program adopted for a project, written compliance reports may be required to be submitted to the designated project monitor. The applicant may be required to file a declaration under penalty of perjury to ensure the accuracy of any self-monitoring portions of the program. Additional documents may be required to monitor compliance.

(b) The monitoring program shall be considered a condition of the land use approval for the project. Such program may be enforced in any manner authorized by law, including but not limited to:

(1) The modification or revocation of any land use permit that has been issued.

(2) Issuance of citations for any land use and/or monitoring violations. Citations may be issued by any County official authorized to issue a citation, including but not limited to: the County Surveyor or designee, the Building Official or designee, the Zoning Investigator or designee, and the Director of Environmental Health or designee.

(3) Halting the project construction or operation.

(4) Placing conditions on the land to be included in covenants, conditions and restrictions.

(5) Requiring the monitoring program be incorporated into any construction contract.

(6) Withholding any subsequent permits and/or suspending the processing of any pending permits.

(Ord. No. NS-300.705, § 2, 1-14-03)

ARTICLE 4.
PLANNING COMMISSION

Sec. A33-30. Establishment.

There is hereby established a Santa Clara County Planning Commission. The powers and duties of such Commission shall be as provided by the Charter, by this Code, or by general law not in conflict with such Charter or Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-31. Membership and term.

The Planning Commission shall consist of seven members. Five members shall be appointed, one each, by individual supervisors and shall be representatives of the five County supervisorial districts. Two members shall be representatives of the County at large appointed, one each, on a rotational basis by individual Supervisors. The rotational sequence of making these two appointments shall be determined by the Board of Supervisors and thereafter shall continue as so designated.

Each Commissioner shall have a term of four years and until his or her respective successor is appointed and qualified. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(Ord. No. NS-300.705, § 2, 1-14-03; Ord. No. NS-300.768, 12-12-06)

Sec. A33-32. Commission and Planning Office as Planning Agency.

The Commission in combination with the Planning Office, or either the Commission or the Planning Office, shall be the planning office under Chapter 3 of Title 7 of Division 1 of the Government Code (Government Code § 65100 et seq.) for the functions enumerated in Section A33-26.

(Ord. No. NS-300.705, § 2, 1-14-03)

Secs. A33-33--A33-39. Reserved.