COUNTY OF SAN MATEO

ENVIRONMENTAL SERVICES AGENCY

Date:

January 13, 2003

Hearing Date:

February 4, 2003

To:

Honorable Board of Supervisors

From:

Marcia Raines, Director of Environmental Services

Subject:

Consideration of a Zoning Text Amendment to change appeal periods of most planning permits to 10 working days.

County File Number:

PLN 2002-00038

RECOMMENDATION

Adopt by ordinance a change to relevant zoning and ordinance sections that would revise the appeal periods of most planning permits to 10 working days, as described in Attachment A.

PROPOSAL

The County Planning Division proposes zoning text amendments that would revise the appeal periods of most planning permits to 10 working days.

BACKGROUND

Report Prepared By: Miroo Desai Brewer, Project Planner, Telephone 650/363-1853

Applicant: County Planning Division

Location: Countywide

DISCUSSION

A.

PLANNING COMMISSION ACTION

On December 11, 2002, the Planning Commission considered the proposal and unanimously recommended that the Board of Supervisors adopt, by ordinance, a change to relevant zoning and ordinance sections that would revise the appeal periods of most planning permits to 10 working days.

B.

KEY ISSUES

Most planning permit decisions issued by the Planning Division are subject to appeal periods as stipulated in the various County Zoning Regulations and County Ordinance Code. The following references in the County Zoning Regulations and County Ordinance Code stipulate that decisions may be appealed within ten (10) calendar days from the permit decision date: Zoning Regulations Sections 6104(j) (Establishment of the Zoning Administrator), 6565.11 (Design Review; Bayside and R-1 Coastside), 6790 (TPZ; Non-Coastal) and 6980 (TPZ; Coastal Zone) and 6454 (Proposed Development Plan). Section 6565.9 (Design Review; Non R-1 Coastside) mandates a 15-calendar day appeal period. County Ordinance Code Sections 8604.7 (Grading Regulations), 11150 (Heritage Tree Regulations) and 12028 (Significant Tree Regulations) also mandate a 10-calendar day appeal period for their respective decisions. In contrast, County Zoning Regulations Sections 6328.16 (Coastal District), 6525 (Home Improvement Exceptions and Variances) and County Ordinance Code Section 7700.7 (Confined Animal Regulations), stipulate a ten (10) working day appeal period. This project seeks to conform prescribed appeal periods of all permits to 10 working days.

In addition, the use of calendar days is constrained by the Planning Division's change in business hours from a 5-day to a 4-day work week, whereby mail service to and from interested parties regarding permit decisions may be further hindered by the reduced mail service into and out of this department, especially depending upon the dynamics of mail service into and out of certain remote County communities. The change to working days for all prescribed appeal periods will provide approximately 2-1/2 weeks from the date of a permit decision. This change would provide sufficient time for the proper noticing of permit decisions and respective appeal periods, while also better fulfilling the intent of public involvement with the Planning Division's change to a 4-day work week.

The table below lists relevant zoning sections that will change with this proposal:

CODE SECTION

TYPE OF PERMIT

EXISTING WORDING

PROPOSED WORDING

6104(j)

Establishment of ZHO

10 calendar days

10 working days

6412.2

Fence Height Exception

No dates

10 working days

6454

Proposed Development Plan

10 days

10 working days

6504

Use Permits

10 days

10 working days

6565.11

Design Review: Bayside and R-1 Coastside

10 calendar days

10 working days

6790

TPZ

10 days

10 working days

6980

TPZ-CZ

10 days

10 working days

7013.4.b

Subdivision

10 calendar days

10 working days*

8604.7

Grading Permit

10 calendar days

10 working days

11,150

Heritage Tree Cutting/Trimming Permit

10 calendar days

10 working days

12,028

Significant Tree Cutting Permit

10 calendar days

10 working days

*Except as noted below.

Please note that there is no prescribed appeal period for Fence Height Exception. The current proposal seeks to introduce a 10-working day appeal period for this permit. In addition, County Subdivision Regulation Section 7013.4 prescribes a 10-calendar day appeal period for subdivision permit decisions. However, the following subdivision permit decisions will not be changed to 10 working days as these appeal periods are mandated by state statute as follows:

1.

Ten (10) calendar days to appeal decision with respect to a tentative map in the case of conversion of residential property to condominium, community apartment project, or stock cooperative project (Government Code 66452.5); and

2.

Fifteen (15) days to appeal denial of an extension on a tentative map (Government Code 66452.6, under Article 2, Tentative Maps; Government Code 66453.5, under Article 5, Parcel Maps; and Government Code 66498.5, under chapter on Subdivisions/Development Rights).

This proposal also adds the definition of "working day" to the Zoning Regulations. "Working day" is defined as every day that the Planning and Building Division is open for business as Section 6102.83.3.

VISION ALIGNMENT

The proposal to revise appeal periods of most planning permits to 10 working days, keeps the commitment of realizing the potential of our diverse population and Goal Number 2: Civic engagement - including voting, public service, charitable giving, volunteerism and participation in public discussions of important issues - is uniformly high among the diverse population. This proposal contributes to this commitment and goal by providing adequate time for community to participate in discussions of decisions made on permit applications.

ATTACHMENTS

A.

Proposed Ordinance to amend County Zoning Text

MDB:kcd - MDBM1844_WKU.DOC