ORDINANCE NO. ____________________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO

STATE OF CALIFORNIA

 

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AN ORDINANCE AMENDING THE SAN MATEO COUNTY ZONING REGULATIONS, GRADING ORDINANCE, SUBDIVISION REGULATIONS AND TREE ORDINANCE (COUNTY ORDINANCE CODE, DIVISIONS VII and VIII) TO ESTABLISH A 10 WORKING DAY APPEAL PERIOD

 

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    The Board of Supervisors of the County of San Mateo, State of California, DO ORDAIN as follows:

 

PART ONE

 

    SECTION 1. Zoning Regulations Chapter 1 (General Provisions), Section 6104(j) is hereby amended to read as follows:

 

APPEALS: All decisions of the Zoning Administrator or the Zoning Hearing Officer acting in his stead shall be subject to appeal by the applicant or any interested party to the Planning Commission within 10 working days of the decision.

 

    SECTION 2. Zoning Regulations Chapter 22 (General Provisions and Exceptions), Section 6412.2 is hereby amended to read as follows:

 

The Planning Director's decision on an exception authorized by this section shall not require a public hearing. The Planning Director's decision may be appealed to the Planning Commission, within 10 working days of the decision, accompanied by a fee, as set by resolution of the Board of Supervisors.

 

    SECTION 3. Zoning Regulations Chapter 23 (Development Review Procedure), Section 6454, is hereby amended to read as follows:

 

Such appeal shall be made, in writing, on a form prescribed by the County and must be filed with the Clerk of the Board within ten (10) working days of the date of the Commission's decision.

 

    SECTION 4. Zoning Regulations, Chapter 24 (Use Permits), Section 6504, is hereby amended to read as follows:

 

The applicant or any interested property owner aggrieved by a determination of the Planning Commission may appeal to the Board of Supervisors within ten (10) working days from the date of such determination.

 

    SECTION 5. Zoning Regulations, Chapter 28.1 ("DR" Districts, Design Review Districts), Section 6565.11 is hereby amended to read as follows:

 

Decisions on Design Review made by the Design Review Committee, the Design Review Administrator or the Zoning Hearing Officer may be appealed to the Planning Commission within ten (10) working days only by aggrieved persons.

 

    SECTION 6. Zoning Regulations, Chapter 34B (Land Management Planning Requirements for Uses and Permits in the Timberland Preserve Zone), Section 6790 is hereby amended to read as follows:

 

Permits considered and acted upon by the Planning Director may be appealed to the Planning Commission by filing a written protest with the Secretary of the Planning Commission within ten (10) working days of issuance or denial of said permit.

 

    SECTION 7. Zoning Regulations, Chapter 37B (Land Management Planning Requirements for Uses and Permits in the Timberland Preserve Zone), Section 6980 is hereby amended to read as follows:

 

(1)

Permits considered and acted upon by the Planning Director may be appealed to the Planning Commission by filing a written protest with the Secretary of the Planning Commission within ten (10) working days of issuance or denial of said permit. The appellant shall state specifically the grounds for appeal, and where there was error or contravention of County policy or how the decision is contrary to the public health, safety, or welfare or contrary to constitutional or property rights. The Planning Commission shall hear such appeal within thirty (30) days of the date of filing of the written protest and render a decision on the appeal within fifteen (15) days of public hearing.

   

(b)

Permits considered and acted upon by the Planning Commission may be appealed to the Board of Supervisors by filing a written protest with the Secretary of the Planning Commission within ten (10) working days from issuance or denial of said permit. The appellant shall state specifically the grounds for appeal, and where there was error or contravention of County policy or how the decision is contrary to the public health, safety, or welfare or contrary to constitutional or property rights.

   

    SECTION 8. San Mateo County Ordinance Part 2 of Division VI (Subdivision Regulations) Section 7013.4.b is hereby amended to read as follows:

 

The Subdivider or any interested person adversely affected by the decision may appeal any determination or decision made pursuant to the Subdivision Regulations to the appropriate Appeal Board by filing a notice of appeal with the Planning Division within ten (10) working days of the decision.

 

    SECTION 9. San Mateo County Ordinance Chapter 8, Division VII (Regulations for Excavating, Grading, Filling and Clearing on Lands in Unincorporated San Mateo County) Section 8604.7 is hereby amended to read as follows:

 

Permits considered and acted upon by the Planning Director or Zoning Hearing Officer may be appealed to the Planning Commission, by filing a written notice of appeal with the Planning Division within ten (10) working days from the issuance or denial of said permit.

   

    SECTION 10. San Mateo County Ordinance Number 2427 (Regulation of the Removal and Trimming of Heritage Trees on Public and Private Property) Section 11150 is hereby amended to read as follows:

 

(1)

Permits considered and acted upon by the Planning Director may be appealed to the Planning Commission by filing a written protest with the Secretary of the Planning Commission within ten (10) working days of issuance or denial of said permit. The Planning Commission shall render a decision on the appeal within fifteen (15) days of the public hearing. The Planning Director shall notify the affected parties of said action in writing.

   

(b)

Permits considered and acted upon by the Planning Commission may be appealed to the Board of Supervisors by filing a written protest with the Secretary of the Planning Commission within ten (10) working days from issuance or denial of said permit. The Board of Supervisors shall hear such appeal within sixty (60) days, and render a decision within fifteen (15) days following such hearing. The decision of the Board of Supervisors shall be final. The action taken by the Board of Supervisors shall be reported to the affected parties in writing.

 

    SECTION 11. San Mateo County Ordinance Part 3 of Division VIII (Significant Tree Ordinance) Section 12028 is hereby amended to read as follows:

   

(a)

Any action under this Part taken by the Planning Director may be appealed to the Planning Commission by filing a written notice of appeal with the Secretary of the Planning Commission within ten (10) working days of the issuance or denial of said permit. The Planning Commission shall hear such appeal within thirty (30) days of the date of filing of the written protest. The Planning Commission shall render a decision on the appeal within fifteen (15) days of the public hearing. The Planning Director shall notify the affected parties of said action as provided for in Section 12022.

   

(b)

Any action under this Part taken by the Planning Commission may be appealed to the Board of Supervisors by filing a written protest with the Secretary of the Planning Commission within ten (10) working days from issuance or denial of said permit. The Board of Supervisors shall hear such appeal within sixty (60) days, and render a decision within fifteen (15) days following such hearing. The decision of the Board of Supervisors shall be final. The action taken by the Board of Supervisors shall be reported to the affected parties as provided for in Section 12022 herein.

 

    SECTION 12: Zoning Regulations, Chapter 1 (General Provisions), Section 6102.83.3 is added to read as follows:

 

SECTION 6102.83.3. WORKING DAY(S). Every day that the Planning and Building Division is open for business.

 

PART TWO

 

    SECTION 1. This ordinance shall in full force and effect thirty (30) days after its passage.

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