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HomeMy WebLinkAbout02. ADMINISTRATIO0N Title 2 ADMINISTRATION Division 22 General Chapter 22-2 County Offices Article 22-2.2 Hours Sections: 22-2.202 Office hours. Article 22-2.4 Holidays Sections: 22-2.402 General. Division 24 Officers Chapter 24-2 Board of Supervisors Article 24-2.2 Supervisorial Districts Sections: 24-2.202 Census tracts used. 24-2.204 District I. 24-2.206 District II. 24-2.208 District III. 24-2.210 District IV. 24-2.212 District V. Article 24-2.4 Meetings Sections: 24-2.402 Meetings-Regular. Chapter 244 County Administrator Sections: 244.002 Creation of office. 244.004 Qualifications. 244.006 Salary and benefits. 244.008 Duties. 244.009 Other relationship to county officers and department heads. 244.010 Limits of authority. 244.012 Assistants. 244.013 Personnel director. 244.014 Use of county and outside services. Chapter 24-6 Clerk - Recorder Sections: 24-6.002 Consolidation of offices. Chapter 24-8 Auditor-Controller Sections: 24-8.002 Qualifications. 24-8.004 Claims payable immediately. Chapter 24-10 Treasurer - Tax Collector Sections: 24-10.002 Consolidation of offices. 9 ADMINISTRA nON (Contra Costa County 4-82) ADMINISTRA nON ,. Chapter 24-12 County Counsel Sections: 24-12.002 Appointment-Duties. 24-12.004 Represents public administrator. Chapter 24-14 District Attorney and Public Administrator Sections: 24-14.002 Consolidation of offices. Chapter 24-16 Public Defen<<;ler Sections: 24-16.002 Appointment-Duties. Chapter 24-18 County Hearing Officer Sections: 24-18.002 Appoin tment-Compensation-Staff. 24-18.004 Du ties-Con tracts. Chapter 24-20 Sheriff-Coroner Sections: 24-20.002 Consolidation of offices. 24-20.004 Embalming fee. Chapter 24-22 Public Works Sections: 24-22.002 24-22.004 Surveyor appointive. Road commissioner and surveyor consolidated. 24-22.006 Public works director created. 24-22.008 Duties combined-Appointment. Chapter 24-24 Agricultural Commissioner and Sealer of Weights and Measures Sections: 24-24.002 Consolidation of duties. Chapter 24-25 Public Guardian Sections: 24-25.002 Office, pay, appointment. Chapter 24-26 Salaries Sections: 24-26.002 Setting by resolution. 24-26.006 Supervisors. Division 26 Commissions, Agencies and Boards Chapter 26-2 Planning Agency Article 26-2.2 General Sections: 26-2.202 26-2.204 26-2.206 Established. Composition, appointment, powers, du ties, hearings and decisions. Time limits. (Contra Costa County 4-82) 10 Article 26-2.4 Sections: 26- 2.402 26- 2.404 26- 2.406 26- 2.408 Planning Commission Planning commission-Appointment. Planning commission-Method of selection. Planning commission-Terms of office. Planning commission-Powers and duties. 10-1 ADMINISTRA nON (Contra Costa County 4-82) Article 26-2.6 Advisory Agency and Minor Subdivision Review Committee Sections: 26-2.602 Advisory agency. 26-2.604 Minor subdivision review committee. Article 26-2.8 Planning Department Sections: 26-2.802 26-2.804 Planning department-Designated. Planning department-Director of planning. Planning department-Composition. Planning department-Powers and duties. Article 26-2.1 0 Board of Appeals Sections: 26-2.1002 Board of appeals-Composition. 26-2.1 004 Board of appeals-Powers and duties. Article 26-2.12 Zoning Administrator Sections: 26-2.1202 26-2.1204 26-2.806 26-2.808 Zoning administrator-Designation. Zoning administrator-Powers and duties. 26-2.1206 Referrals. Article 26-2.14 Board of Supervisors Sections: 26-2.1402 Board of Supervisors-Powers and duties. Article 26-2.1 5 Area Planning Commissions Sections: 26-2.1502 Composition, appointment and terms. 26-2.1504 Powers and duties. 26-2.1506 Appeals. 26-2.1508 Orinda area. 26-2.1510 San Ramon Valley area. Article 26-2.16 Application Sections: 26-2.1602 26-2.1604 Application -Generally. Application-Applicant qualifications. 26-2.1606 Application-Fees. Article 26-2.18 Rezoning Sections: 26-2.1802 26-2.1803 Rezoning-Application requirements. Rezoning-Renewed application after denial. 11 ADMINISTRA nON (Contra Costa County 5-81) ADMINISTRATION (Contra Costa County 5-81) 26-2.1804 Rezoning-Notice requirements. 26-2.1806 Rezoning-Standards. Article 26-2.20 Variance, Conditional Use and Special Permits Sections: 26-2.2002 Variance, conditional use and special permits-Application requirements. Variance, conditional use and special permits-Renewed application after denial. Variance, condi~ional use and special permits-Notice requirements. Variance, conditional use and special permits- Variance permit standards. Variance, conditional use and special permits-Conditional use permit standards. Variance, conditional use and special permits-Special permit standards. Variance, conditional use and special permi ts- T ermina tion. Variance, conditional use and special permits-Exercise and use. Variance, conditional use and special permits-When void-Time extention. Variance, conditional use and special , permits-Previously expired. Variance, conditional use and special permits-Revocation generally. Variance, conditional use and special permits-Causes for revocation. Variance, conditional use and special permits-Revocation hearing-Notice. Variance, conditional use and special permits- Revocation hearing- Procedure. Variances, conditional use and special permits-Revocation hearing -Decision. . Variance, conditional use and special permits-Appeal from revocation. Article 26-2.21 Administrative Decisions Sections: 26-2.2102 26-2.2104 26-2.2106 26-2.2003 26-2.2004 26-2.2006 26-2.2008 26-2.2010 26-2.2012 26-2.2014 26-2.2016 26-2.2018 26-2.2020 26-2.2022 26-2.2024 26-2.2026 26-2.2028 26-2.2030 Decisions without public hearing. Notice. Hearing required. 12 Chapter 26-6 Delinquency Prevention Commission Sections: 26-6.002 26-6.004 Probation department assistance. Establishm ent -Maintenance-Powers and duties. 26-6.006 Executive secretary and staff. Chapter 26-10 Assessment Appeals Board Article 26-10.2 General Sections: 26- 10.202 Creation and authority. 26-10.204 Membership-Qualifications- Term. 26- 10.206 Alternates. 26- 10.207 Direct appqintment. 26-10.208 Vacancies. 26-10.210 Pay and expenses. Article 26-10.4 Powers and Procedures Sections: 26-10.402 Powers. 26-10.404 Hearing procedures. 26-10.406 Legal advice. 26-10.408 Clerk. Division 28 Courts, Jurors, Law Library Chapter 28-2 Judicial Districts Sections: 28-2.002 28-2.004 Nomenclature. Walnut Creek-DanviIIe judicial district. 28-2.006 Mt. Diablo judicial district. 28-2.008 Delta judicial district. 28-2.022 Bay judicial district. Chapter 28-4 Grand Jury Sections: 28-4.002 Compensation. Chapter 28-6 Law Library Sections: 28-6.002 Establishment. 13 ADMINISTRA nON (Contra Costa County 4-82) Division 22 GENERAL Chapters: 22-2 County Offices Chapter 22-2 COUNTY OFFICES Article 22-2.2 Hours Sections: 22-2.202 Office hours. Article 22-2.4 Holidays Sections: 22-2.402 General. Article 22-2.2 Hours 22-2.202 Office hours.* Unless otherwise provided by law or board resolution, all county offices and departments shall be open for the transaction of business with the public continuously during the hours eight a.m. to twelve noon and one p.m. to five p.m. daily (except Saturdays, Sundays and holidays), but the auditor, clerk, recorder, sheriff, and treasurer shall be open between noon and one p.m. also. (Ord. 81-76 ~ 1: prior code ~ 2400: Ord. 506: see Govt. Code ~~ 24257 - 24261). Article 22-2.4 Holidays 22-2.402 General. Except as otherwise provided by board resolution or ordinance, holi- days shall be observed as specified in Govern- ment Code Sections 6700 and following (includ- ing future amendments thereto). (Ords. 81-88, 76-77; prior code ~2402; Ord. 7067). *For the statutory provisions regarding county offices and office hours, see Gov. C. g 24250 ff. COUNTY OFFICES Chapters: 24-2 24-4 24-6 24-8 24-10 24-12 24-14 24-16 24-18 24-20 24-22 24-24 24-25 24-26 22-2.202-24-2.202 Division 24: OFFICERS* Board of Supervisors County Administrator Clerk - Recorder Auditor-Controller Treasurer-Tax Collector County Counsel District Attorney and Public Administrator Public Defender County Hear~g Officer Sheriff-Coroner Puolic Works Agricultural Commissioner and Sealer of Weights and Measures Public Guardian Salaries Chapter 24-2 BOARD OF SUPERVISORS** Article 24-2.2 Supervisorial Districts Sections: 24-2.202 Census tracts used. 24-2.204 District I. 24-2.206 District II. 24-2.208 District III. 24-2.210 District IV. 24-2.212 DistrictV. Article 24-2.4 Meetings Sections: 24-2.402 Meetings-Regular. Article 24-2.2 Supervisorial Districts 24-2.202 Census tracts used. The super- visorial districts are described by reference to census tracts (CT), blocks, and block groups used in the 1980 Federal Decennial Census as established by the U.S. Bureau of the Census and filed with the county planning director, the exterior boundaries of which are the *For purchasing agent, see Section 1108-2.202 - 1108-2.220 of this code. **For the statutory provisions regarding the board of super- visors generally, see Gov. C. g 25000 ff; for the statutory provisions regarding county officers generally, see Gov. C. g 24000 ff. 15 (Contra Costa County 4-82) 24-2.204-24-2.210 ADMINISTRATION boundaries of each supervisorial district, except where partial tracts are designated by reference to established local boundaries. (Ords. 81-71 ~ 1,71- 87: prior code ~~ 2102& 24-2.202: Ord.1786). 24-2.204 District I. Supervisorial District I comprises these census tracts: Whole Census Tracts: CTs 3650.01 through 3920. Partial Census Tracts: CT 3601 - The part inside Richmond city limits as they existed on January 1, 1980. CT 3602 - The part inside the Richmond city limits as they existed on January 1, 1980, and the portions of blocks 101, 110, 201, 30t; and 308 that are outside of the city of Richmond, and the portion of block 303 north of Pheasant Lane and San Pablo Dam Road, and block 202. CT 3610 - The part inside the city of EI Cerrito as of January I, 1980, and block group 1 outside the city of Richmond and the part of block 913 west of Leisure Lane and north of the Richmond city limit, and Assessor's Parcel Number 420-090-031. CT 3620 - The part contained in block group 3. CT 3630 - The part inside the Richmond city limits as they existed on January I, 1980. (Ords. 81-71 ~ I, 71-87: prior. code ~~ 2102(a) & 24-2.204: Ord. 1786). 24-2.206 District II. Supervisorial District II comprises these census tracts: Whole Census Tracts: CTs 3160 through 3211.01, 3211.03, 3480 through 3500, 3512, 3522.01 through 3540, 3560.01 through 3592.02, 3640.01, 3640.02. Partial Census Tracts: CT 3211.02 - The part inside the Martinez city limits as of January 1, 1980, and block 204 outside the city of Martinez south of Vine Hill Way. CT 3400.02 - That part inside the Lafayette city limits as of January I, 1980. CT 3410 - The part inside the Lafayette city limits as of January 1, 1980. CT 3470 - The entire tract with exception of that portion as described in Supervisorial District IV. CT 3511 - The part outside the city of Walnut Creek. (Contra Costa County 4-82) CT 3521.01 - The part inside the city limits of Moraga and the part inside the city limits of Lafayette as of January I, 1980. CT 3521.02 - The part inside the city limits of Moraga as of Janu:rry 1, 1980, and west of Camino Pablo. CT 3601 - The part outside of the city limits of Richmond as of January 1, 1980. CT 3602 - Blocks 304, 306, 307, and the parts qf blocks 303 and 308 east of the city of Richmond boundary. CT 3610 - The part inside the city limits of Richmond except for Assessor's Parcel Number 420-090-031; and E.D. 2513 and block 913 east of Leisure Lane. CT 3620 - The part contained in Block Groups 1, 2, and 4. CT 3630 - The part outside the city of Richmond as of January 1, 1980. (Ords. 81-71 ~ 1, 71-87: prior code ~ ~ 2102(b) & 24-2.206: Ord. 1786). 24-2.208 District III. Supervisorial District III comprises these census tracts: Whole Census Tracts: CTs 3382.02 through 3400.01, 3420 through 3462.02,3553.02. Partial Census Tracts: CT 3373 - The part inside the Walnut Creek city limits as they existed on January 1, 1980. CT 3382.01 - The part inside the Walnut Creek city limits as they existed on January 1, 1980, and the portions of Blocks 213 through 216 outside the city of Walnut Creek. CT 3400.02 - The part outside the city of Lafayette as of January 1, 1980. CT 3410 - That part outside the city of Lafayette as of January 1, 1980. CT 3511 - That part inside the Walnut Creek city limits as they existed on January 1, 1980. CT 3521.01 - The part outside the city limits of Moraga as of January 1, 1980. CT 3521.02 - The part east of the town of Moraga and east of Camino Pablo. CT 3551.03 - Blocks 901 - 913,and blocks 915 - 989. (Ords. 81-71 ~ 1,71-87: prior code ~~ 2102(c) & 24-2.208: Ord. 1786). 24-2.210 District IV. Supervisorial District IV comprises these census tracts: Whole Census Tracts: CTs 3150, 3212 through 3372, 3381. 16 Partial Census Tracts: CT 3211.02 - The part inside Pleasant Hill city limits as of January 1, 1980, and block group 1 outside the city limits, and the portion of block 204 outside of the city of Martinez, east of High Street. CT 3373 - That part inside the city of Concord as of January 1, 1980. CT 3382.01 - That part inside the city of Concord as of January 1, 1980. CT 3470 - That part within the city of Pleasant Hill and blocks 103 through 105, 111 through 113, and 120, and Assessor's Parcel Numbers 167-340-001 through 167-340-999, 167-350-001 through 167-350-999, 167-360-002, 365-170-017 through 365-170-019, 365-240-001 through 365-240-999, 365-391-001 through 365-391-017, 365-392-001 through 365-392-003, and 365-160-004. CT 3552 - The part inside the Concord city limits as they existed on January 1, 1980. (Ords. 80-71 ~ I, 71-87: prior code ~ ~ 21 02( d) & 24-2.210: Ord. 1786). 24-2.212 District V. Supervisorial District V comprises these census tracts: Whole Census Tracts: CTs 3010 through 3142, 3150.99, 3551.01, 3551.02, 3553.01, 3553.03 through 3553.05. Partial Census Tracts: CT 3551.03 - The part contained in block 914. CT 3552 - The part outside the city of Con- cord as of January 1, 1980. (Ords. 81-71 ~ 1, 71-87: prior code ~~ 2102(e) & 24-2.212: Ord. 1786). Article 24-2.4 Meetings 24-2.402 Meetings - Regular. The board shall hold regular meetings for transacting busi- ness properly before it as board of supervisors, and in its capacities as governing body of various public entities and agencies, and otherwise (in addition to other meetings or sessions, in such other capacities, as may be required by law or otherwise provided for), in its chambers in the County Administration Building, Pine and Escobar Streets Martinez, California, from nine a.m. until adjourning or continuance, on every Tuesday; except that when Tuesday is a holiday, the meeting shall be held during similar hours on the next business day. (Ords. 76-19, 71-97: prior code ~~ 24-2.404, 2100: Ords. 660, 522, 425, 141,52,2: see also Gov. Code ~~ 25081, 54944 ft). COUNTY ADMINISTRATOR 24-2.212-244.004 Chapter 24-4 COUNTY ADMINISTRATOR * Sections: 24-4.002 244.004 244.006 244.008 244.009 244.010 244.012 244.013 244.014 Creation of office. Qualifications. Salary and benefits. Duties. Other relationship to county officers and department heads. Limits of authority. Assistants. Personnel director. Use of county and outside services. 24-4.002 Creation of office. There is created the office of county administrator, to be filled by the board of supervisors. The county administrator shall serve at the pleasure of the board of supervisors. (Ord. 80-11 ~ I (part), 1980: prior code ~ 2110: Ord. 1449; Ord. 1289). 24-4.004 Qualifications. The position of county administrator is exempt from civil ser- vice and shall be fIlled on the basis of adminis- trative and executive ability, education, ex", perience and knowledge of government opera- tions. Candidates or persons appointed shall have at least five years' experience in responsible executive or administrative positions, and possess the ability to plan and execute work programs, including budgeting, budgetary con- trol, and coordination of varied activities. At the time of appointment, the appointee must be a citizen of the United States and shall promptly become a resident of Contra Costa County, and remain a resident during tenure in office. The incumbent shall not engage in any other business or occupation except that with the approval of the board of supervisors the incumbent may oc- casionally teach a course(s) in the field of public administration or public policy or occasionally act in a consultant capacity to other govern- mental agencies outside the county. (Ord. 80-11: prior code ~ 2111: Ord.1291). *For the statutory authority of the board of supervisors to create such an office and to determine the method of appoint- ment, terms of office and compensation, see Gov. C. S 25300 ff. 17 (Contra Costa County 11-81) 24-4.006-24-4.008 ADMINISTRA nON 24-4.006 Salary and benefits. The salary of the county administrator shall be fixed by the board of supervisors and shall be paid by the county auditor-controller in the same manner as the salaries of other department heads. The county administrator is granted all of the bene- fits conferred on other appointed county depart- ment heads. (Ord. 80-11: prior code ~ 2112: Ord.129l). 24-4.008 Duties. Under the supervision of the board of supervisors and subject to its direc- tion and control, the county administrator is the chief administrative officer of the county and is responsible for the effective administration of all governmental affairs, and shall supervise imple- mentation of ordinances, policies, rules, and regulations adopted by the board in connection with these affairs and shall: (1) Attend all meetings of the board of super- visors, except when excused, and advise and make recommendations to the board on matters within such administrative authority; (2) Make recommendations to the board of supervisors on the appointment, performance and continued employment of all management or administrative positions for which the board is the appointing authority; (3) Supervise and coordinate the. work of de- partments, special districts and other agencies under the direct jurisdiction or fiscal control of the board of supervisors; . (4) As necessary, coordinate county and special district programs and functions with federal, state, other county, municipal, and other special district programs and functions; (5) Supervise the preparation of the annual county budget in cooperation with the county auditor-controller. In performing this duty the county administrator shall review all depart- mental, agency and district work programs and requests and all items in the proposed budget, including revenues, expenditures, and reserves. The incumbent shall submit the proposed budget to the board of supervisors, together with a report and recommendations; (6) In cooperation with the county auditor- controller, continuously scrutinize the budget adopted by the board of supervisors and depart- mental, agency and district expenditures to seek to assure that approved appropriations are not exceeded. In this connection the countyadmin- istrator shall review all departmental, agency and district requests for adjustments and transfers of budgeted funds and make recommendations on them to the board. On behalf of the board the (Contra Costa County 11-81) county administrator may approve or order adjustments among sub-objects in the salaries and employee benefits and services and supplies, and fixed asset appropriations of individual county departments, districts and agencies, if these adjustments do not increase the total amount budgeted for each such category of expenditure; (7) Establish and enforce personnel policies and practices in county departments and agencies, make recommendations to the board of supervisors on departmental, agency and dis- trict requests for additional personnel, and ap- prise the board of the financial effects of changes in compensation requested by employee organizations in the meet and confer process; (8) Supervise and direct the preparation of long range plans for the management of county properties and for the construction and altera- tion of physical facilities needed to render county services properly. The county adminis- trator shall make determinations on allocation of space to county departments and agencies; (9) Develop financial plans in which revenues and expenditures are projected against antici- pated county growth and in which methods of financing are recommended to the board of supervisors; (10) Review the benefits of transferring re- sponsibility for specific functions between county departments and agencies and con- solidating county departments, agencies and districts and report the results of these studies to the board of supervisors; (11) On behalf of the board of supervisors approve or control the attendance of county of- ficials and employees at conferences and meet- ings; (12) In cooperation with county departments and agencies, seek to improve the efficiency and economy of county government operations through techniques such as work measurement, organization and procedures, reviews, personnel utilization, records management, and opera- tional audits; (13) Implement a system of county adminis- trative bulletins and public information includ- ing a county annual report; (14) Perform investigations, studies, and sur- veys ordered by the board or deemed necessary by him/her; (15) Make recommendations to the board of supervisors on new or revised state or federal statutes which are considered desirable and worthy of endorsement by the board. The 18 county administrator also shall recommend to the board the adoption of new or revised ordi- nances, orders, and resolutions when in his judg- ment these actions will improve county services and operations and are in the public interest; (16) Perform such other duties as required by law, or ordinance or that may be directed from time to time by the board. (Ord. 80-11: prior code ~ 2113: Ord. 1291). 24-4.009 Other relationship to county of- ficers and department heads. (a) Information and Cooperation. Each county officer or department head, upon the request of the county administrator shall provide any record or other information relating to the administrative operation of such department and shall other- wise cooperate in the review or investigation of the administrative operation of such department. Each county officer or department head shall promptly comply with any written directive by the county administrator relating to the use of personnel, equipment or facilities of such of- fice or administrative procedures relating there- to, subject to the right of appeal as in Chapter 14-4. (b) Conduit to Board. All requests for board action shall be through the county administrator, who shall present them to the board with a recommendation. If the recommendation is ad- verse to the request, the county administrator shall notify the officer or department head of the time when the same will be presented to the board of supervisors, and may either withdraw the request before its presentation to the board or he/she may appear before the board and be heard. (Ord. 80-11). 24-4.010 Limits of authority. The county administrator does not have any power or duty (including functions, prerogatives, discretions, and responsibilities) now conferred by law upon any other county officer or employee. The board of supervisors establishes the office of county administrator and prescribes the powers and duties (including functions, prerogatives, discretions and responsibilities) of that office to assure that it may receive knowledgeable, objec- tive advice about county government affairs and to assure the highest degree of efficiency and economy in the administrative operations of the county government. (Ord. 80-11: prior code ~ 2114: Ord. 1291). CLERK - RECORDER 24-4.009-24-6.002 24-4.012 Assistants. The county adminis- trator may employ deputies and assistants and assign to them the duties prescribed in this chapter. The employment of such deputies or assistants shall be authorized by the- board of supervisors by ordinance or resolution. (Ord. 80-11 : prior code ~ 2116: Ord. 1291). 24-4.013 Personnel director. The county ad- ministrator shall appoint an assistant county ad- ministrator-director of personnel, and may dele- gate to this assistant any or all of his duties re-- lating to personnel administration. (Ords. 81-70 . ~ 4, 80-56 ~ 2, 73-44 ~ 2: former ~~ 32-4.1002, 32-4.602: prior code ~ 2418: Ords. 1296, 325 ~ 9. See also ~~ 34-4.020 & 34~8.0l2). 24-4.014 Use of county and outside ser- vices. The county administrator may utilize the services of personnel of other departments and agencies under the control of the board to assist with his/her duties and with the approval of the board of supervisors the services of outside ex- perts and consultants. (Ord. 80-11: prior code ~ 2117: Ord.1291). Chapter 24~ CLERK - RECORDER* Sections: 24-6.002 Consolidation of offices. 24~.002 Consolidation of offices. The of- fices of county clerk and county recorder are consolidated under the provisions of Section 24300 of the Government Code of the state of California. (Prior code ~ 2130: Ord. 1163). *For the statutory provisions regarding the duties of the county clerk, see Gov. C. ~ 26800 ff; for the provisions regarding the duties of the county recorder, see Gov. C. ~ 27200 ff. 19 (Contra Costa County 4-82) 24-8.002- 24-14.002 ADMINISTRATION Chapter 24-8 AUDITOR - CONTROLLER* Sections: 24-8.002 24-8.004 Qualifications. Claims payable immediately. 24-8.002 Qualifications. No person shall hereafter be elected or appointed to the office of county auditor-controller unless: (1) He possesses a valid certificate issued by the California State Board of Accountancy, under the provisions of Chapter 1, Division 3 of the Business and Professions Code of the state, showing him to be, and a permit authorizing him to practice as, a certified public accountant or a public accountant; or (2) He possesses a valid certificate or diploma of graduation from a school of accountancy; or (3) He has served as county auditor or as deputy county auditor for a continuous period not less than three years. (Prior code ~ 2140: Ord. 1188). 24-8.004 Claims payable immediately. The three-day waiting period in Government Code Section 29742 shall not apply to any claims pay- able by the auditor thereunder. (Ord. 80-13: Bd. Resol. No. 79/1268). Chapter 24-10 TREASURER - TAX COLLECTOR** Sections: 24-10.002 Consolidation of offices. 24-10.002 Consolidation of offices. The of- fices of county treasurer and county tax collector are consolidated under the provisions of Section 24300 of the Government Code of the state. (Prior code ~ 2150: Ord. 631). *For the statutory provisions regarding the duties of the county controller, see Gov. C. ~ 26880 ff; for the provisions regarding the duties of the county auditor, see Gov. C. ~ 26900 ff; for the provisions regarding the qualifications for office of county auditor, see Gov. C. ~~ 26945 and 26946. **For the statutory provisions regarding the office of county treasurer, see Gov. C. ~ 27000 ff; for the provisions regarding the office of tax collector, see Gov. C. ~ 27400 ff. (Contra Costa County 4-82) .' Chapter 24-12 COUNTY COUNSEL* . Sections: 24-12.002 24-12.004 Appoin tmen t-Duties. Represents public administrator. 24-12.002 Apointment - Duties. The office of county counsel is established. The board of supervisors shall appoint the county counsel and fix his salary; and his tenure and duties shall be as provided by state law and by the board. (Ord. 69-39 ~ I? 1969:'priorcode ~ 2197). 24-12.004 Represents public administrator. The county counsel shall act as attorney for the public administrator in all estates in which he is executor, administrator with the will annexed, or administrator. In such matters he shall collect the attorney's fees allowed by law and pay them into the county treasury. (Ord. 69-63 ~ 1, 1969: prior code ~ 2197.2). Chapter 24-14 DISTRICT ATIORNEY AND PUBLIC ADMINISTRATOR** Sections: 24-14.002 Consolidation of offices. 24-14.002 Consolidation of offices. The office of public administrator is separated from the office of coroner and is consolidated with the office of the district attorney, pursuant to Government Code Sections 24300 and 24301. (Ord. 68-59 ~ 2, 1968; Ord. 68-45 ~ 1, 1968: prior code ~ 2170: Ord. 1192). *For the statutory provisions regarding the office of county counsel, see Gov. C. ~ 27640 ff. **For the statutory provisions regarding the office of public administrator, see Gov. C. ~ 27440 ff; for the provisions regarding the office of district attorney, see Gov. C. ~ 26500 ff. 20 surveyor are combined with those of public works director, who shall perform them. He has been appointed public works director pursuant to county civil service procedures, road commissioner pursuant to Streets and Highways Code Section 2006, and surveyor pursuant to Government Code Section 27550. (Ord. 73-57 @ 1 (part), 1973). AGRICULTURAL COMMISSIONER 24-22.008 Chapter 24-24 AGRICULTURAL COMMISSIONER AND SEALER OF WEIGHTS AND MEASURES*. Sections: 24-24.002 Consolidation of duties. .*For the statutory provisions regarding the county department of agriculture and agriculture commissioner, see Agric. C. ~~ 2001 - 2280; for the provisions regarding the county sealer of weights and measures, see Bus. & P. C. ~ 12200 ff. 20-} (Contra Costa County 9-15-73) Chapter 24-16 PUBLIC DEFENDER* Sections: 24-16.002 Appointment-Duties. 24-16.002 Appointment - Duties. The office of public defender is established. The board of supervisors shall appoint the public defender and fix his salary; and his tenure and duties shall be as provided by the Government Code and the board. (Prior code ~ 2180: Ord. 1971 ). Chapter 24-18 COUNTY HEARING OFFICER Sections: 24-18.002 24-18.004 Appoin tment -Compensation -Staff. Duties-Contracts. 24-18.002 Appointment - Compensation- Staff. Pursuant to Government Code Sections 27720 ff., the board of supervisors establishes the office of county hearing officer and shall appoint him and provide compensation for him and his staff. The hearing officer shall appoint his staff as may be provided by the board, including any part-time phonographic reporter who may be employed outside civil service. (Ord. 2024 ~ 1 (part), 1966: prior code ~ 2190). 24-18.004 Duties - Contracts. The duties of the hearing officer shall be those established by statute and by the board of supervisors. . The hearing officer may perform services for other local public entities pursuant to board contract. (Ord. 2037 ~ 1, 1966: Ord. 2024 ~ 1 (part), 1966: prior code ~ 2190.1). PUBLIC DEFENDER 24-16.002-24-22.004 Chapter 24-20 SHERIFF - CORONER* Sections: 24-20.002 Consolidation of offices. 24-20.004 Embalming fee. 24-20.002 Consolidation of offices. The office of coroner is consolidated with the office of sheriff, pursuant to Government Code Section 24300. COrd. 68-59 ~ 3, 1968: prior code ~ 2195.1). 24-20.004 Embalming fee. Pursuant to Government Code ~ 27471, whenever the coroner takes custody of a dead body pursuant to law, he may embalm the body and charge and collect thirty-five dollars, except when the body is that of a child not more than fourteen years of age or of a person for whose burial there is available less than one hundred fifty dollars, in which cases the expense of embalming is a county charge. Any collections hereunder shall be paid into the county treasury. (Ord. 76-28). Chapter 24-22 PUBLIC WORKS** Sections: 24-22.002 24-22.004 Surveyor appointive. Road commissioner and surveyor consolidated. Public works director created. Duties combined- Appointment. 24-22.006 24-22.008 24-22.002 Surveyor appointive. The sur- veyor of this county is appointed by the board, pursuant to Government Code Section 27550. COrds. 82-14 ~ 1,76-35,73-57,821). 24-22.004 Road commissioner and surveyor consolidated. The duties of the offices of road *FOI lne statutory provisions regazding the office of sheriff, see Gov. C. ~ 26600 ff; for the provisions regazding the office of coroner, 5lee Gov. C. ~ 27460 ff. **For the statutory provisions regazding the office of county surveyor, see Gov. C. ~ 27550 ff; for the provisions regazding *For the statutory provisions regazding the office of public the duties of road commissioner, see Str. & H.C. ~ 1331 and ~ defender, see Gov. C. ~ 27700 ff. 1450 ff. 21 (Contra Costa County 4.82) 24-22.006-24.26.002 ADMINISTRATION COmmISSIOner and surveyor are consolidated, pursuant to Government Code Section 24300. (Ords. 76-35, 73-57: ~ 24-22.002(a): prior code ~ 2160: Ords. 72-21, 70-28, 1457: See ~ 24-22.008), . 24-22.006 Public works director created. The office of public works director (director of public works) is created, pursuant to California Constitution Article 11, Section 1 (b), and Government Code Section 24300, filled by appointment pursuant to Section 24-22.008. (Ords. 76-35, 73-57: ~ 24-22.002(b): Ord. 72-21: prior code ~ 2160: Ord. 70-28). 24-22.008 Duties combined Appointment. (a) Offices and Duties Combined. The consolidated duties of road commissioner and surveyor are combined with those of public works director, who holds the three offices and performs their duties. The public works director also holds, ex officio, the offices and positions in subsection (c) of this section and performs their duties, which are hereby combined with his other duties pursuant to Government Code Section 24300. (b) Appointment. The public works director is appointed by the board pursuant to Streets & Highways Code Section 2006, Government Code Section 27550, and the parenthetical authorities listed after the positions in subsection (c) of this section. (c) Other Positions. The public works director may also hold the following positions on appointment by the respective governing bodies: Chief engineer of county sanitation dis- tricts (Health & Safety Code Sections 4739, 4749); the chief engineer of the Contra Costa County Storm Drainage District (Stats. 1953, Chap. 1532, Sec. 8, see Water Code Appendix); the chief engineer of the Storm Drain Main- tenance Districts in this county (Stats. 1937, Chap. 265, Sec. 6; see Water Code Appendix); and the chief engineer of the Contra Costa County Water Agency (Stats. 1957, Chap. 518, Sec. 5(b); see Water Code Appendix). (Ords. 82-14 ~2, 76-35, 73-57: ~24-22.002(b): prior code ~2160: Bd. Reso1. No. 73/214 & No. 73/831, Bd. Order 10-29-73, Ords. 72-21 and 70-28, B.O. 1-10-67, Ord. 1457, B.Os. 4-1-55, 3-1-55 and 12-21-54, Ords. 821, 793, ROs. 6-10-52 and 5-20-52, Ords. 673,614, 530, and 491: c.C.Opns. 76-10, 70-105,857,692, Ill, OS 302, OS-136). (Contra Costa County 4-82) Chapter 24-24 AGRICULTURAL COMMISSIONER AND SEALER OF WEIGHTS AND MEASURES* Sections: 24-24.002 Consolidation of duties. 24-24.002 Consolidation of duties. The duties of the offices of agriculture commissioner and sealer of weights and measures are consolidated, pursuant to Government Code Section 24300. (Ord. 70-28 ~ 2, 1970: prior code ~ 2198). . Chapter 24-25 PUBLIC GUARDIAN Sections: 24-25.002 Office, pay, appointment. 24-25.002 Office, pay, appointment. The office of public guardian is created in this county. The functions of such subordinate posi- tions as may be necessary shall be performed by personnel of other departments. The public guardian shall riot receive any compensation. Arnold Sterne Leff (the Health Services Director) is appointed public guardian. (Ord. 81-81 ~ 2: formerly ~ 24-14.004: See ~ S 33-5.351 & 33-5.313, and W.&I.C. ~~ 8000ff). Chapter 24-26 SALARIES Sections: 24-26.002 24-26.006 Setting by resolution. Supervisors. 24-26.002 Setting by resolution. The compensation of offiCials may be set by board of supervisors resolution. (Ord. 68-23 ~ 1, 1968: prior code ~ 2430.1). *For the statutory provisions regarding the county department of agriculture and agriculture commissioner, see Agric. C. ~~ 2001 - 2280; for the provisions regarding the county sealer of weights and measures, see Bus. & P.C. ~ 12200 ff. 22 24-26.006 Supervisors. Each supervisor, for service as such, shall receive a base monthly salary of one thousand seven hundred fifty-six dollars, plus reimbursement for reasonable expenses necessarily incurred in the conduct of such office and such other benefits as are pro- vided other elected county officers and manage- ment employees, such as the county administrator. Beginning on July I, 1982, the base monthly salary shall be one thousand eight hundred ninety-seven dollars. (Ords. 81-68 ~ 1, 81-5, 79-52, 79-35 ~ 3, 78-47 ~ 2, 77-68 ~~ I, 2, 76-59, 75-36, 74-49: prior code ~ 2431.2: Ord. 70-68: Const. XI ~ l(b),Gov. C. ~ 25123.5, Elec. C. ~ 3752). Division 26 COMMISSIONS, AGENCIES AND BOARDS* Chapters: 26-2 Planning Agency 26-6 Delinquency Prevention Commission 26-8 Human Relations Commission Chapter 26-2 PLANNING AGENCY** Article 26-2.2 General Sections: 26-2.202 26-2.204 26-2.206 Established. Composition, appointment, powers, duties, hearings and decisions. Time limits. *For civil service commissidn, see Ch. 32-4, this code. For purchasing agent and procedures, see Ch. 1108.2, this code. **For the statutory provisions regarding the planning agency, planning commission, planning department and the general plan, see Gov. C. ~ 65100 ff; for the provisions regarding the board of zoning adjustment, zoning administrator, board of appeals and zoning regulations, see Gov. C. ~ 65800 ff; for the provisions regarding local subdivision ordinances, see Bus. & P.C. ~ 11506. For zoning, see Title 8, this code. For subdivisions, see Title 9, this code. PLANNING AGENCY 24-26.006 Article 26-2.4 Planning Commission Sections: 26-2.402 26-2.404 26-2.406 26-2.408 Article 26-2.6 Sections: 26-2.602 26-2.604 Planning commission- Appointment. Planning commission-Method of selection. Planning commission-Terms of office. Planning commission-Powers and duties. Ad visory Agency and Minor Subdivision Review Committee Advisory agency. Minor subdivision review committee. Article 26-2.8 Planning Department Sections: 26-2.802 26-2.804 26-2.806 26-2.808 Article 26-2.10 Sections: 26-2.1002 Planning department- Designated. Planning department- Director of planning. Planning department- Composition. Planning department-Powers and duties. Board of Appeals. Board of appeals- Composition. 26-2: 1004 Board of appeals-Powers and duties. Article 26-2.12 Zoning Administrator Sections: 26-2.1202 26-2.1204 26-2.1206 Article 26-2.14 Sections: 26-2.1402 Zoning administrator- Designation. Zoning administrator-Powers and duties. Referrals. Board of Supervisors Board of supervisors-Powers and duties. Article 26-2.15 Area Planning Commissions Sections: 26-2.1502 26-2.1504 26-2.1506 26-2.1508 26-2.1510 22-1 Composition, appointment and terms. Power and duties. Appeals. Orinda area. San Ramon Valley area. (Contra Costa County 4-82) ADMINISTRATION Article 26-2.16 Application Sections: 26-2.1602 26-2.1604 26-2.1606 Article 26-2.18 Sections: 26-2.1802 26- 2.1803 26-2.1804 26- 2.1806 Article 26-2.20 Application -Generally. Application - Applicant qualifications. Application - Fees. Rezoning Rezoning-Application requirements. Rezoning-Renewed applica- tion after denial. Rezoning- Notice requiremen ts. Rezoning-Standards. Variance, Conditional Use and Special Permits Sections: 26-2.2002 Variance, conditional use and special permits-Application req uiremen ts. (Contra Costa County 4-82) 22-2 26-2.2003 Variance, conditional use and special permits- Renewed application after denial. 26-2.2004 Variance, conditional use and special permits-Notice req uiremen ts. 26-2.2006 Variance, conditional use and special permits- Variance permit standards. 26-2.2008 Variance, conditional use and special permits-Condi- tional use permit standards. 26-2.2.010 Variance, conditional use and special permits-Special permit standards. 26-2.2012 Variance, conditional use and special permits- Termination. 26-2.2014 Variance, conditional use and special permits-Exercise and use. 26-2.2016 Variance, conditional use and special permits-When void- Time extension. 26-2.2018 Variance, conditional use and special permits~Previously expired. 26-2.2020 Variance, conditional use and special permits-Revocation generally. 26-2.2022 Variance, conditional use and special permits-Causes for revocation. 26-2.2024 Variance, conditional use and special permits-Revocation hearing-Notice. 26-2.2026 Variance, conditional use and special permits- Revocation hearing- Procedure. 26-2.2028 Variances, conditional use and special permits-Revocation hearing-Decision. 26-2.2030 Variance, conditional use and special permits-Appeal from revocation. Article 26-2.21 Administrative Decisions Sections: 26-2.2102 Decisions without public hearing. 26-2.2104 Notice. 26-2.2106 Hearing required. Article 26-2.22 Hearings Sections: 26-2.2202 Hearing-Rules and burden of proof. 23 PLANNING AGENCY 26-2.202-26-2.204 Hearing-Initial. Hearing-Approval conditions. Hearing-Decisions generally. Hearing-Decision time limits. Subdivision, hearing and decision time limits. Article 26-2.24 Appeals Sections: 26-2.2402 Appeal-General. 26-2.2404 Appellants-Grounds. 26-2.2406 Appeal-Notice. 26- 2.2408 Appeal- Reconsideration. 26-2.2410 Appeal-Decision. 26-2.2412 Appeal-Tentative maps. Article 26-2.26 Conditional Zoning Sections: 26-2.2602 26-2.2604 26-2.2606 26-2.2204 26-2.2206 26-2.2208 26-2.2210 26-2.2212 Conditional zoning-Authority. Conditional zoning-Conditions. Conditional zoning- Operativeness. Fees Article 26-2.28 Sections: 26-2.2802 Schedule. 26-2.2804 Environmental impact reports. 26-2.2806 Other appeal fees. 26-2.2808 Refunds. Article 26-2.30 Judicial Review Sections: 26-2.3002 Limitation of actions. Article 26-2.2 General 26-2.202 Established. (a) Pursuant to Chapters 3 and 4 of Title 7 of the Government Code (Sections 65100 ff), the Contra Costa County planning agency is established. (b) It consists of the following divisions: (1) Board of supervisors; (2) Planning commission; (3) Planning department; (4) Board of appeals; (5) Zoning administrator; (6) Advisory agency; and (7) Area planning commissions. (Ords. 77-62 S 1 (part), 77-33 S 2,71-110 S 3,1975: prior code S 2200: Ord. 917). 26-2.204 Composition, appointment, powers, duties, hearings and decisions. The composition and manner of appointment of, functions, duties and powers of, hearing and decision provisions applicable to the divisions of the planning agency shall be as set forth in this chapter. (Ords. 77-62 S 1 (part), 1975: prior code SS 2201, 2202, 2204: Ords. 1433, 917). (Contra Costa County 5-81) 26-2.206-26-2.804 ADMINISTRATION 26-2.206 Time limits. The time limits specified in this chapter may be extended by mutual consent of the parties concerned. (Ords. 77-62 S 1 (part), 77-33 S 3). Article 26-2.4 Planning Commission 26-2.402 Planning commisssion - Appoint- ment. The planning commission shall consist of seven members appointed by the board in the manner prescribed in Section 26-2.404. (Ords. 79-135 S 1, 69-60 S 1,1975: prior code S 2201.10: Ord. 917). 26-2.404 Planning commission - Method of selection. The seven members of the planning commission shall be appointed by the board on the basis that one member shall be nominated by each. of the five supervisors and two members shall be nominated by the board of supervisors as a whole. (Ords. 79-135 S 2,1975: prior code S 2201.11: Ord. 917). 26-2.406 Planning commission - Terms of office. The appointive commissioners serve for four-year terms beginning on July 1 st and end- ing on June 30th and when the successor quali- fies. In-term replacements serve for the departed commissioner's unexpired term. The present nominated and appointed commissioners' terms end on June 30th, and thereafter appointed suc- cessors' terms begin on July 1st of the following years: Supervisor of District No.1 - 1979, Supervisor of District No.2 - 1981, Supervisor of District No.3 - 1981, Supervisor of District No.4 - 1979, Supervisor of District No.5 - 1979, 1981, and Whole Board (at large) - 1980 and 1982. (Ords. 78-84, 78-74, 73-58 s 1,1975: prior code S 2201.12: Ord. 917). 26-2.408 Planning commission - Powers and duties. The planning commission shall: (1) Exercise all powers and duties prescribed by law (statute, ordinance or board order) in- cluding consideration of matters referred to it by the zoning administrator except those powers and duties specifically reserved or delegated to other divisions of the planning agency; (2) Initiate preparation of general plans, specific plans, regulations, programs and legisla- tion to implement the planning power of the county; (Contra Costa County 5-81) (3) Be generally responsible for advising the legislative body of matters relating to planning, which, in the opinion of the commission, should be studied; (4) Be the advisory agency as designated in Title 9 of this code for the purpose of passing on subdivisions. (Ords. 77-33 S 4,1975: prior code S 2202.20: Ord. 917). Article 26-2.6 Advisory Agency and Minor Subdivision Review Committee 26-2.602 Adivsory agency. For the purposes of the Subdivision Map Act, Division 2 of Title 7 of the Government Code, the advisory agency shall consist of the planning commission and zoning administrator who shall pass on subdivisions as provided in Title 9 of this code. (Ord. 77-33 S 5). 26-2.604 Minor subdivision review committee. (a) The minor subdivision review committee is established and shall consist of one representative for each of the following departments or groups who shall be designated by the respective department's chief administrative officer: (1) Building inspection department; (2) Health department; (3) Planning department; (4) Public works department and the Contra Costa Flood Control and Water Conservation District. (b) The minor subdivision review committee shall : (1) Review all minor subdivision applications, (2) Prepare a report and recommendation on each minor subdivision application for submittal to the zoning administrator for consideration prior to a decision being made on an application. (Ord. 77-33 S 5). Article 26-2.8 Planning Department 26-2.802 Planning department - Desig- nated. The planning department shall be a department of the county. (Ord. 1975: prior code S 2201.30: Ord. 917). 26-2.804 Planning department - Director of planning. The director of planning shall be the chief adminstrative officer of the planning 24 department and shall also serve as secretary to the planning commission. (Ord. 1975: prior code ~ 2201.31: Ord. 917). 26-2.806 Planning department Composition. The planning department shall consist of the planning director and employees as authorized by the board of supervisors. (Ord. 1975: prior code ~ 2201.32: Ord. 917). 26-2.808 Planning department - Powers and duties. The planning department shall: (1) Perform the duties required for the proper preparation and administration of the general plans, as provided by statute and ordinance; (2) Perform the duties required for the proper preparation and administration of specific plans and regulations as provided by statute and ordinance; (3) Provide administrative support and professional advice to the planning commission, area planning commissions, board of appeals, and zoning. administrator; (4) Perform special studies and surveys as directed by the board of supervisors. (Ords. 77-62 ~ 2, 77-33 ~ 6, 1975: prior code ~ 2202.40: Ord. 917). Article 26-2.10 Board of Appeals 26-2.1002 Board of appeals - Composition. The board of appeals shall be composed of the voting members of the planning commission. (Ord. 1975: prior code ~ 2201.40: Ord. 917). 26-2.1004 Board of appeals - Powers and duties. The board of appeals shall hear and decide all appeals from decision of the zoning administrator. (Ords. 77-33 ~ 7, 1975: prior code ~ 2202.60: Ord. 917). Article 26-2.12 Zoning Administrator 26-2.1202 Zoning administrator Designation. The director of planning is designated as the zoning administrator, except that he may appoint in writing an assistant as acting zoning administrator, who may exercise all the power of the administrator. (Ord. 1975: prior code ~ 2201.50: Ord. 917). PLANNING AGENCY 26-2.806-26-2.1402 26-2.1204 Zoning administrator - Powers and duties. Unless otherwise provided by this code, the zoning administrator shall: (1) Hear and decide all applications for variance permits including off-street parking and loading requirements, highway setback requirements and sign requirements. Further, the zoning administrator shall review and decide all site, development, elevations, off-street parking and loading and landscaping plans and drawings, and plans and drawings for location, size and design of signs. Where matters covered by this paragraph are requested with the filing of a tentative minor subdivision map, the entire application shall be considered by the division charged with reviewing the map; (2) Hear and decide all requests for conditional use permit (also referred to as land use permits); (3) Be part of the advisory agency for the purpose of passing on minor subdivision maps as specified in Title 9 of this code; (4) Such other matters that may be specifically assigned by ordinance or order. (Ords. 77-33 ~ 8, 1975: prior code ~ 2202.50: Ord. 917). 26-2.1206 Referrals. The zoning administrator may on his own motion without prior notice or hearing refer any of the matters covered by Section 26-2.1204 to the planning commission for hearing, consideration and initial decision. (Ord. 77-33 ~ 9). Article 26-2.14 Board of Supervisors 26-2.1402 Board of supervisors - Powers and duties. The board of supervisors, as the legislative body, shall: (1) Exercise all appointing power provided under state law and this chapter including appointment of the director of planning, and the voting mem bers of the planning commission in the manner prescribed in Section 26-2.404; (2) Adopt general and specific plans, regulations and ordinances; (3) The functions specified in Government Code Section 65401 shall be performed by the county administrator and board of supervisors; (4) Be the final appellate body on all matters as specified in this chapter. (Ord. 1975: prior code ~ 2202.10: Ord. 917). 25 (Contra Costa County 11-81) 26-2.1502-26-2.1802 ADMINISTRATION Article 26-2.15 Area Planning Commissions 26-2.1502 Composition, appointment and terms. Each area planning commission estab- lished pursuant to this article shall consist of seven area resident members appointed by the board of supervisors for initial terms of two years, and subject to removal by the board at its pleasure. (Ord. 79-127 ~ 1, 77-62 ~ 3). 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 that the zoning administrator shall continue to hear and decide all applications for variance permits. and minor subdivisions pursuant to subsections (1) and (3) of ~ 26-2.1204 for the territory of the San Ramon Valley Area planning commission. When the board of supervisors refers any proposed general plan change or addition concemingan area planning commission's territory to the planning commission for review and comment, the planning commission shall provide the board with its written comment on the proposed change or addition. (Ords. 78-27.~ 1, 77-62 ~ 3 (part)). 26-2.1506 Appeals. All appeals from decisions of area planning commissions shall be heard and decided by the board of supervisors. (Ord. 77-62 ~ 3 (part)). 26-2.1508 Orinda area. The Orinda Area planning commission is established and shall have as its territorial area of jurisdiction all of the unincorporated territory located within the boundaries of the Orinda Union School District (including future changes thereof). (Ord. 77-62 ~ 3 (part)). 26-2.1510 San Ramon Valley area. The San Ramon Valley Area planning commission is established and shall have as its territorial area of (Contra Costa County 11-81) jurisdiction all of the unincorporated territory covered by the San Ramon Valley General Plan adopted by the board on May 24, 1977, by Resolution No. 77/436, and future amendments thereto. (Ord. 77-62 ~ 3 (part)). Article 26-2.16 Application 26-2.1602 Application Generally. Application for rezoning, conditional use, variance, special permits or any other matter designated to come before the planning agency shall be made to the planning department. (Ord. 1975: prior code ~ 2203: Ord. 917). 26-2.1604 Application Applicant qualifications. A qualified applicant is any person or firm, or authorized agent, having a freehold interest in the subject land; or having a possessory interest entitling him. to exclusive possession; or having a contractual interest which may become. a freehold or exclusive possessory interest and is specifically enforceable. Proof of such an interest may be required. A person acting as agent for a qualified applicant must attach a copy of written authority to act. (Ord. 1975: prior code ~ 2203.10: Ord. 917). 26-2.1606 Application Fees. In accordance with Article 26-2.28, fees shall be paid with the submission of an application for fIling of a request for rezoning, conditional (land) use permit, variance permit, development plan permit, other special permit, and planned unit district rezoning or final development plan approval. (Ord. 74-2 ~ 1, 1974: Ord. 1975: prior code ~ 2203.13: Ord. 917). Article 26-2.18 Rezoning 26-2.1802 Rezoning Application requirements. Application form for rezoning shall include, but is not limited to, a map description of the subject property, names of adjoining streets and property owners, zoning and general plan designation of subject and adjoining property, zoning history of subject property, together with a brief description of the justification for the request. The planning department may adopt a form which will be u.sed for applications. (Ord. 1975: prior code ~ 2203.11: Ord. 917). 26 properties in the vicinity and within the identical land use district; (3) That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. Failure to so find shall result in a denial. (Ord. 1975: prior code @ 2204.30: Ord. 917). 26-2.2008 Variance, conditional use and special permits - Conditional use permit standards. An application for a conditional use permit is an application to establish a conditional land use within a land use district which does not allow establishment by right, but does allow the granting of a land use permit after a public hearing. The division of the planning agency hearing the matter either initially or on appeal, shall find the following before granting the permit: (1) That the proposed conditional land use shall not be detrimental to the health, safety and general welfare of the county; (2) That it shall not adversely affect the orderly development of property within the county; (3) That it shall not adversely affect the preservation of property values and the protection of the tax base within the county; (4) That it shall not adversely affect the policy and goals as set by the general plan; (5) That it shall not create a nuisance and/or enforcement problem within the neighborhood or community; (6) That it shall not encourage marginal development within the neighborhood; (7) That special conditions or unique characteristics of the subject property and its location or surroundings are established. Failure to so find shall result in a denial. (Ord. 1975: prior code @ 2204.40: Ord. 917). 26-2.2010 Variance, conditional use and special permits - Special permit standards. An application for a special permit shall be primarily governed by the code provision authorizing its issuance, but in the absence of specific standards, either the standard prescribed for variance or conditional use permits shall apply, whichever is deemed more appropriate. (Ord. 1975: prior code @ 2204.50: Ord. 917). 26-2.2012 Variance, conditional use and special pemits - Termination. Conditional use, PLANNING AGENCY 26-1 26-2.2008-2602.2012 (Contra Costa County 12-26-72) 26-2.1803 Rezoning - Renewed application after denial. If any application for rezoning involving reclassifying certain land(s) from one zoning district to another is not granted, no new application therefor shall be made or accepted within one year after final action on the earlier application, unless: (1) Less intensive land uses are allowable in the newly proposed zoning district than in the earlier one; and (2) The planning director finds that the circumstances have materially changed since the earlier application was first filed. "Materially changed circunistances" means: (1) A change in zoning districts or land uses on or near the land(s); and/or (2) A change in the land area for which reclassification is proposed; and/or (3) An amendment to the county general plan which may affect the property. (Ord. 72-49 ~ 1, 1972: prior code ~ 2203.11 a). 26-2.1804 Rezoning - Notice requirements. The planning department shall schedule and give notice of hearing for zoning and applications for rezoning as required by Government Code Sections 65854 and 65854.5. (Ords. 78-54 ~ 1, 1975: prior code ~ 2203.14: Ord. 917, 856). 26-2.1806 Rezoning Standards. An application for rezoning is a request for change of the land use district applicable to the subject property or to amend the uses permitted in a land use district. Before ordering such change the planning agency shall determine that: ( 1) The change proposed will su bstan tially comply with the general plan; (2) The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts; (3) Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. (Ord. 1975: prior code ~ 2204.20: Ord. 917). Article 26-2.20 Variance, Conditional Use and Special Permits 26.2.2002 Variance, conditional use and special permits - Application requirements. Application form for a conditional use, variance or special permit shall include, but is not limited PLANNING AGENCY 26-2.1803-26-2.2004 to, the following: (1) A plot plan drawn to scale indicating dimensions and area of the subject property; (2) Locations of existing and proposed improvements on the subject property; (3) Names of adjoining property owners; (4) Names of adjoining streets; (5) Locations of existing improvements on adjacent properties; and (6) Where extreme grades exist, the direction of slope and other facts necessary to accurately depict the request exception in relation to the subject and adjacent properties. The planning department may adopt a form which will be used for applications. (Ord. 1975: prior code ~ 2203.12: Ord. 917). 26-2.2003 Variance, conditional use and special permits - Renewed application after denial. If any application for a conditional use permit, variance, or special permit is denied (unless the denial is without prejudice to refiling), no new application shall be made or accepted within one year after the effective date of denial, unless: (1) The applicant shows material change in the circumstances upon which the denial was based; and (2) The planning director accepts the new fIling on these grounds. If the planning director rejects the new application, he shall communicate his reasons to the applicant. "Materially changed circumstances" means that: (A) The proposed use or variance is significantly different from that originally applied for; and/or (B) The lot involved has been diminished or enlarged with the result that the proposed use or variance would be more compatible to the revised lot than the situation originally applied for; and/or (C) There has been a change in zoning classification which significantly affects this land. (Ord. 72-49 ~ 2: prior code ~ 2203.l2a). 26-2.2004 Va,riance, conditional use and special permits - Notice requirements. (a) Mail - Addresses. Except as provided by Article 26-2.21, the planning department shall schedule a hearing before the appropriate division, and mail notice thereof pursuant to Government Code Section 65905. The mail notice shall be given, by postage prepaid first-class United 27 (Contra Costa County 5-81) 26-2.2006-26-2.2012 ADMINISTRATION States mail, to all owners of real property within three hundred feet of the subject land, using addresses from the last equalized assessment roll, or from such other records (as the assessor's or tax collector's) as contain more recent ad- dresses in the opinion of the planning director. (b) Contents. The notices shall state the time, date and place of the hearing, the general nature of the application, and the street address, if any, of the property involved or its legal or boundary description if it has no street address. Substantial compliance with these provisions for notice is sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this article. (c) Revocations. Notice of hearings on revocations shall be given in the same manner as on applications. (Ords. 80-87 ~ 1, 78-54 ~ 1, 1975: prior code ~ 2203.15: Ords. 917 ~ 5.1, 856 ~ 1, 382 ~ 7: see Gov. C. ~ 65901). 26-2.2006 Variance, conditional use and special permits - Variance permit standards. An application for a variance permit is. an application to modify zoning regulations as they pertain to lot area, lot building coverage, average lot width, lot depth, side yard, rear yard, setback, auto parking space, building or structure height, or any other regulation pertaining to the size, dimension, shape or design of a lot, parcel, building or structure, or the placement of a building or structure on a lot or parcel. The division of the planning agency hearing the matter either initially or on appeal shall find the following conditions that must exist prior to approval of an application: (1) That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located; (2) That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district; (3) That any variance authorized shall substantially. meet the intent and purpose of the respective land use district in which the subject (Contra Costa County 5-81) property is located. Failure to so find shall result in a denial. (Ord. 1975: prior code ~ 2204.30: Ord. 917). 26-2.2008 Variance, conditional use and special permits - Conditional use permit standards. An application for a conditional use permit is an application to establish a conditional land use within a land use district which does not allow establishment by right, but does allow the granting of a land use permit after a public hearing. The division of the planning agency hearing the matter either initially or on appeal, shall find the following before granting the permit: (1) That the proposed conditional land use shall not be detrimental to the health, safety and general welfare of the county; (2) That it shall not adversely affect the orderly development of property within the county; (3) That it shall not adversely affect the preservation of property values and the protection of the tax base within the county; (4) That it shall not adversely affect the policy and goals as set by the general plan; (5) That it shall not create a nuisance and/or enforcement problem within the neighborhood or community; (6) That it shall not encourage marginal development within the neighborhood; (7) That special conditions or unique characteristics of the subject property and its location or surroundings are established. Failure to so find shall result in a denial. (Ord. 1975: prior code ~ 2204.40: Ord. 917). 26-2.2010 Variance, conditional use and special permits - Special permit standards. An application for a special permit shall be primarily governed by the code provision authorizing its issuance, but in the absence of specific standards, either the standard prescribed for variance or conditional use permits shall apply, whichever is deemed more appropriate. (Ord. 1975: prior code ~ 2204.50: Ord. 917). 26-2.2012 Variance, conditional use and special permits - Termination. Conditional use, variance and special permits and licenses issued pursuant to this chapter or Title 8 of this code shall terminate as provided in Sections 26-2.2014 through 26-2.2018. (Ords. 77-33 ~ 10, 1975, 1495: prior code ~ 2206: Ord. 917). 28 demonstrated on the subject property as to its beginning and continual development thereafter until completed. Upon a showing of good cause therefor, the director of planning may extend the period of a permit, in which it is to be exercised, used or established, for a maximum of one additional year. A time period stated in the permit shall govern over this provision. (Ord. 1975: prior code ~ 2206.10: Ord. 917). 26-2.2016 Variance, conditional use and special permits - When void - Time extension. if a use is established according to the terms and conditions of a perinit and the use is discontinued for any reason for a period of six months, the permit shall become void and the use shall not be resumed. Upon application during the six months period by the owner and upon a showing of good cause the director of planning may grant an extension not to exceed a total of six months. (Ord. 1975: prior code ~ 2206.20: Ord. 917). 26-2.2018 Variance, conditional use and special permits - Previously expired. Any permit previously issued which expired, was revoked or became void under any provision of law then in effect shall not be revived by any of these provisions. (Ord. 1975: prior code ~ 2206.30: Ord. 917). 26-2.2020 Variance, conditional use and special permits Revocation generally. Conditional use, variance and special permits are subject to revocation in the manner and for causes as provided in Sections 26-2.2022 - 26-2.2030. (Ord. 1975: prior code ~ 2207: Ord. 917). 26-2.2022 Variance, conditional use and special permits - Causes for revocation. A permit may be revoked if the permittee, his successors or assigns, has committed or allowed the commission of any of the following acts relating to the premises, or any portion thereof, covered by the permit: (1) Continued violation of the terms, limitations or conditions of the permit after notice of the violation; (2) Violation of requirements of this code relating to the premises or activities authorized; (3) Failure to abate a nuisance after notice; PLANNING AGENCY 26-2.2016-26-2.2030 (4) Any suspension or revocation of a license required for the conduct of the business on the premises covered by the permit; (5) Any act or failure to act resulting in the conviction of a permittee, operator, or employee of a violation of federal or state law, or county ordinance in connection with the operation of the permitted use. (Ord. 1975: prior code ~ 2207.10: Ord. 917). 26-2.2024 Variance, conditional use and special permits - Revocation hearing - Notice. Hearing on revocation shall be scheduled by the planning department before the division of the planning agency having authority to initially grant the type of permit involved. The department shall give notice of the hearing on revocation in the same manner as on an initial hearing to grant such a permit. (Ord. 1975: prior code ~ 2207.20: Ord. 917). 26-2.2026 Variance, conditional use and special permits Revocation hearing Procedure. The hearing shall be conducted according to any rules of procedure adopted for initial hearing, except that the department shall have the burden of proving the charges and shall open and close the hearing. (Ord. 1975: prior code ~ 2207.30: Ord. 917). 26-2.2028 Variance, conditional use and special permits Revocation hearing Decision. The agency hearing the revocation shall make its findings and render its decision in writing. The decision may order additional terms, limitations or conditions, a specified pro b a tionary period for correction or implementation of new requirements, a future review at a time specified, or a combination of these, or revocation. (Prior code ~ 2207.40). 26-2.2030 Variance, conditional use and special permits - Appeal from revocation. If the permittee is dissatisfied with the decision, he may appeal as provided in Section 26-2.2406. The appeal shall be on the record only consisting of the application, a transcript of all .testimony and map, plans or other exhibits offered in evidence. The appellant, in addition to payment of the fee on appeal, shall deposit with .the planning department the estimated cost of preparing the record on appeal, any unused portion of which shall be refunded. The record on appeal shall consist of one original and 28-1 (Contra Costa County 5-81) 26-2.2102-26-2.2208 ADMINISTRATION sufficient copies to provide one copy for the appellant and one copy for each member of the division hearing the appeal. (Ord. 1975: prior code S 2207.50: Ord. 917). Article 26-2.21 Administrative Decisions 26-2.2102 Decisions without public hear- ing. Unless otherwise required by this article, the zoning administrator may, without public hearing, decide applications for: (1) Variance permits pursuan t to subsection (1) of Section 26-2.1204; and (2) Minor subdivisions pursuant to subsec- tion (3) of Section 26-2.1204 including applica- tions for improvement exceptions. (Ord. 80-87 S 2: See Gov. C. S 65901). 26-2.2104 Notice. Before the zoning ad- ministrator decides any application pursuant to this article, the planning department shall mail or deliver notice of intent to decide the applica- tion pursuant to Govemment Code Section 65901 and the no tice provisions of Section 26-2.2004. The notice shall state the last day to request a public hearing on the application (which shall be no less than ten days after date of mailing or delivery), the general nature of the application (including any subdivision exception requested), and the street address, if any, of the property involved or its legal or boundary de- . scription if it has no street address. (Ord. 80-87 S 2: see Gov. C. S 65901). 26-2.2106 Hearing required. If, within ten calendar days after mailing or delivery of the notice of intent, a written request for public hearing is filed with the planning department, it shall schedule a public hearing on the appli- cation in accordance with applicable provisions of this chapter and mail notice thereof to the applicant, the owner and any other persons requesting a hearing. (Ord. 80-87 S 2: See Gov. C. S 65901). Article 26-2.22 Hearings 26~2.2202 Hearing - Rules and burden of proof. Hearings shall be conducted in accordance with rules that may be adopted by the respective divisions of the planning agency, within the intent expressed in Govemment Code (Contra Costa County 5-81) Sections 65800, 65801, 65802, and 66451. The applicant shall have the burden of producing evidence to convince the agency hearing the matter that all standards are met and the intent and the purpose of the applicable regulations and goals and objectives of the general plan will be satisfied. Failure to satisfy this burden shall result in a denial. (Ords. 77-33 S 11, 1975: prior code S 2204.10: Ord. 917). 26-2.2204 Hearing - Initial. Assignment for initial hearing shall be as follows: Subject General plan Specific plans and regulations Subdivisions and related variances Zoning and rezoning Minor subdivisions and related variances Conditional use permits Special permits Variance permits Division of Agency Planning commission Planning commission Planning commission Planning commission Zoning administrator Zoning administrator Zoning administrator Zoning administrator (Ords. 77-33 S 12, 1975: prior code S 2204.60: Ord.9l7). 26-2.2206 Hearing - Approval conditions. In approving a subdivision, parcel map, conditional use, special or variance. permit the division of the planning agency deciding the matter, initially or on appeal, may limit or condition the approval so as to assure the intent and purpose of applicable standards and regulations will be met and the goals and objectives of the general and specific plans will be achieved. Such approval may be made subject, but is not limited to, conditions imposing dedication, improvements, dimensional restrictions, site plan approval, architectural standards, access controls, time limit, supplemental review, phasing of improvements, planting or screening. (Ord. 1975: prior code S 2204.70: Ord. 917). 26-2.2208 Hearing - Decisions generally. All decisions shall be made in writing and filed with the planning department. A decision of any division of the planning agency, except a general or specific plan matter or a matter requiring adoption of an ordinance, shall be final when filed with the planning department, unless an appeal is filed within the time allowed. Acceptance of the decision shall constitute an agreement on behalf of the applicant and owner, 28-2 PLANNING AGENCY their heirs, successors and assigns, to comply with all the terms and conditions and statutes. A true copy of the permit shall be delivered by the seller to the buyer of the entire parcel or any portion of the property affected by the permit. (Ord. 1975: prior code S 2204.80: Ord. 917). 26-2.2210 Hearing - Decision time limits. Decisions shall be rendered after the closing of the hearing by divisions of the planning agency on or before the times specified: (1) Zoning administrator, thirty calendar days; (2) Planning commission, forty-five calendar days; (3) Board of appeal, forty-five calendar days; (4) Board of supervisors, ninety calendar days; (Ords. 77-33 S 13, 1975: prior code S 2204.90: Ord, 917). 26-2.2212 Subdivision, hearing and decision time limits. Notwithstanding the time limits specified in Section 26-2.2210, unless the time limits specified by the Subdivision Map Act and this chapter have been waived or the subdivision map under consideration is being considered in conjunction with or is conditioned upon the obtaining of a zoning variance, final development plan or rezoning, all hearings and decisions of the divisions of the planning agency regarding the approval (initial or on appeal) of subdivision maps, but not including parcel maps and tentative maps therefor, will be done on or before the times specified in Chapter 3 (Gov. C. SS 66541 ff.) of the Subdivision Map Act. (Ord. 77-33 S 14). Article 26-2.24 Appeals 26-2.2402 Appeal - General. Appeal from any decision of a division of the planning agency shall be governed by the provisions set forth in this article. (Ords. 77-33 S 15 (part), 1975: prior code S 2205: Ord. 917). 28-3 26-2.2210-26-2.2402 (Contra Costa County 5-81) 26-2.2014 Variance, conditional use and special permits - Exercise and use. A permit issued under provisions of this chapter shall be deemed to be exercised, used or established when, within one year of the granting, or within the time otherwise specified on the permit, a building permit is issued by the building inspector for the purpose and location described on the permit, providing that the building permit does not expire. If no building permit is required under the building code to establish such variance, use or other matter granted, then the permit shall be deemed to be exercised, used or established when clear and visible evidence is PLANNING AGENCY 26-2.2014 28a (Contra Costa County 9-15-78) demonstrated on the subject property as to its beginning and continual development thereafter until completed. Upon a showing of good cause therefor, the director of planning may extend the period of a permit, in which it is to be exercised, used or established, for a maximum of one additional year. A time period stated in the permit shall govern over this provision. (Ord. 1975: prior code ~ 2206.1 0: Ord. 917). 26-2.2016 Variance, conditional use and special permits - When void - Time extension. If a use is established according to the terms and conditions of a permit and the use is discontinued for any reason for a period of six months, the permit shall become void and the use shall not be resumed. Upon application during the six months period by the owner and upon a showing of good cause the director of planning may grant an extension not to exceed a total of six months. (Ord. 1975: prior code ~ 2206.20: Ord. 917). 26-2.2018 Variance, conditional use and special permits - Previously expired. Any permit previously issued which expired, was revoked or became void under any provision of law then in effect shall not be revived by any of these provisions. (Ord. 1975: prior code ~ 2206.30: Ord. 917). 26-2.2020 Variance, conditional use and special permits Revocation generally. Conditional use, variance and special permits are subject to revocation in the manner and for causes as provided in Sections 26-2.2022 - 26-2.2030. (Ord. 1975: prior code ~ 2207: Ord. 917). 26-2.2022 Variance, conditional use and special permits - Causes for revocation. A permit may be revoked if the permittee, his successors or assigns, has committed or allowed the commission of any of the following acts relating to the premises, or any portion thereof, covered by the permit: (1) Continued violation of the terms, limitations or conditions of the permit after notice of the violation; (2) Violation of requirements of this code relating to the premises or activities authorized; (3) Failure to abate a nuisance after notice; PLANNING AGENCY 26-2.2016-26-2.2030 (4) Any suspension or revocation of a license required for the conduct of the business on the premises covered by the permit; (5) Any act or failure to act resulting in the conviction of a permittee, operator, or employee of a violation of federal or state law, or county ordinance in connection with the operation of the permitted use. (Ord. 1975: prior code ~ 2207.10: Ord. 917). 26-2.2024 Variance, conditional use and special permits - Revocation hearing - Notice. Hearing on revocation shall be scheduled by the planning department before the division of the planning agency having authority to initially grant the type of permit involved. The department shall give notice of the hearing on revocation in the same manner as on an initial hearing to grant such a permit. (Ord. 1975: prior code ~ 2207.20: Ord. 917). 26-2.2026 Variance, conditional use and special permits Revocation hearing - Procedure. The hearing shall be conducted according to any rules of procedure adopted for initial hearing, except that the department shall have the burden of proving the charges and shall open and close the hearing. (Ord. 1975: prior code ~ 2207.30: Ord. 917). 26-2.2028 Variance, conditional use and special permits Revocation hearing - Decision. The agency hearing the revocation shall make its findings and render its decision in writing. The decision may order additional terms, limitations or conditions, a specified probationary period for correction or implementation of new requirements, a future review at a time specified, or a combination of these, or revocation. (Prior code ~ 2207.40). 26-2.2030 Variance, conditional use and special permits - Appeal from revocation. If the permittee is dissatisfied with the decision, he may appeal as provided in Section 26-2.2406. The appeal shall be on the record only consisting of the application, a transcript of all testimony and map, plans or other exhibits offered in evidence. The appellant, in addition to payment of the fee on appeal, shall deposit with the planning department the estimated cost of preparing the record on appeal, ariy unused portion of which shall be refunded. The record on appeal shall consist of one original and 28-1 (Contra Costa County 9-15-77) 26-2.2202-26-2.2402 ADMINISTRA nON sufficient copies to provide one copy for the appellant and one copy for each member of the division hearing the appeal. (Ord. 1975: prior code.~ 2207.50: Ord. 917). Article 26-2.22 Hearings 26-2.2202 Hearing - Rules and burden of proof. Hearings shall be conducted in accordance with rules that may be adopted by, the respective divisions of the planning agency, within the intent expressed in Government Code Sections 65800, 65801, 65802, and 66451. The applicant shall have the burden of producing evidence to convince the agency hearing the matter that all standards are met and the intent and the purpose of the applicable regulations and goals and objectives of the general plan will be satisfied. Failure to satisfy this burden shall result in a denial. (Ords. 77-33 ~ 11,1975: prior code ~ 2204.10: Ord. 917). 26-2.2204 Hearing - Initial. Assignment for initial hearing shall be as follows: Subject General plan Specific plans and regulations Subdivisions and related variances Zoning and rezoning Minor subdivisions and related variances Conditional use permits Special permits Variance permits Division of Agency Planning commission Planning commission Planning commission Planning commission Zoning administrator Zoning administrator Zoning administrator Zoning administrator (Ords. 77-33 S 12, 1975: prior code S 2204.60: Ord. 917). 26-2.2206 Hearing - Approval conditions. In approving a subdivision, parcel map, conditional use, special or variance permit the division of the planning agency deciding the matter, initially or on appeal, may limit or condition the approval so asto assure the intent and purpose of applicable standards and regulations will be met and the goals and objectives of the general and specific plans will be achieved. Such approval may be made subject, but is not limited to, conditions imposing dedication, improvements, dimensional restrictions, site plan approval, architectural standards, access controls, time limit, supplemental review, phasing of improvements, planting or screening. (Ord. 1975: prior code ~ 2204.70: Ord. 917). (Contra Costa County 9-15-77) 26-2.2208 Hearing - Decisions generally. All decisions shall be made in writing and filed with the planning department. A decision of any division of the planning agency, except a general or specific plan matter or a matter requiring adoption of an ordinance, shall be final when filed with the planning department, unless an appeal is filed within the time allowed. Acceptance of the decision shall constitute an agreement on behalf of the. applicant and owner, tb~ir heirs, succyssors and assigns, to comply with all the terms and conditions and statutes. A true copy of the permit shall be delivered by the seller to the buyer of the entire parcel or any portion of the property affected by the permit. (Ord. 1975: prior code S 2204.80: Ord. 917). 26-2.2210 Hearing - Decision time limits. Decisions shall be rendered after the closing of the hearing by divisions of the planning agency on or before the times specified: (1) Zoning administrator, thirty calendar days; (2) Planning commission, forty-five calendar days; (3) Board of appeal, forty-five calendar days; (4) Board of supervisors, ninety calendar days; (Ords. 77-33 ~ 13, 1975: prior code ~ 2204.90: Ord. 917). 26-2.2212 Subdivision, hearing and decision time limits. Notwithstanding the time limits specified in Section 26-2.2210, unless the time limits specified by the Subdivision Map Act and this chapter have been waived or the subdivision map under consideration is being considered in conjunction with or is conditioned upon the obtaining of a zoning variance, final development plan or rezoning, all hearings and decisions of the divisions of the planning agency regarding the approval (initial or on appeal) of subdivision maps, but not including parcel maps and tentative maps therefor, will be done on or before the times specified in Chapter 3 (Gov. C. s s 66541 ff.) of the Subdivision Map Act. (Ord. 77-33 S 14). Article 26-2.24 Appeals 26-2.2402 Appeal - General. Appeal from any decision of a division of the planning agency shall be governed by the provisions set forth in this article. (Ords. 77-33 S 15 (part), 1975: prior code S 2205: Ord. 917). 28-2 26-2.2404 Appellants Grounds. (a) Appellants. Only the following may appeal and only on the following grounds. (b) Subdivisions. In the case of a subdivision: (l) The subdivider may appeal if he is dissatisfied with any action concerning the tentative map, or the kinds, nature and extent of the improvements required for the subdivision; and (2) Any interested person may appeal who is adversely affected by a decision of the planning agency concerning a tentative map, or the kinds, nature and extent of subdivision improvements required, or the matters set forth in Government Code Sections 66473.5, 66474, 66474.1 and 66474.6. (c) Other Matters. On other matters, any person (including an applicant) may appeal if: (1) His property rights or the value of his property is adversely affected and the decision does not comply with the general plan; or (2) Required standards, identified by the appellant, are not satisfied by the evidence presented at the hearing for re~oning, conditional use, variance or special permit; or (3) Specified findings of the planning division appealed from are not supported by the evidence; or ( 4) Specified limi tations or conditions imposed on granting a conditional use, variance or special permit are not reasonably required; or (5) Specified limitations or conditions recommended but not imposed are reasonably required in granting a conditional use, variance or special permit. (d) County Agency. A department or agency of the county may appeal if it has administrative responsibility in an area which is adversely affected by the granting of a conditional use, variance or special permit. In such a case, no appeal fee shall be required, but the department or agency shall be charged with the cost of required notices. (Ords. 77-33 ~ 15 (part), 75-19, 1975: prior code ~ 2205.10: Ord. 917). 26-2.2406 Appeal - Notice. An appellant may appeal a decision of a division of the planning agency, to the appellant division indicated, by filing a written notice of appeal, specifying the grounds for appeal, with the planning department within the calendar time herein allowed upon payment of the fees prescribed by Article 26-2.28: PLANNING AGENCY 26- 2.2404- 26- 2.241 2 Division Decision Appealed Zoning administrator Planning commission or board of appeals Time Calendar Days 15 15 Division Appealed to Board of appeals Board of supervisors (Ords. 77-33 ~ 15 (part), 7402 ~ 2, 1975: prior code ~ 2205.20: Ord. 917). 26-2.2408 Appeal - Reconsideration. A motion for reconsideration may be filed in writing by an appellant within the time allowed to appeal alleging pertinent factual or legal matters which were not brought to the attention of the division rendering the decision. Such motion shall be decided by the division at its next meeting on the basis of the information presented in writing. If the motion is denied, the time to appeal shall be extended only the number of days required to hear and decide the motion. If the motion is granted, persons recording their appearance at the initial hearing shall be given mailed notice of the time of the new hearing. (Ords. 77-33 ~ 15 (part), 1975: prior code ~ 2205.40: Ord. 917). 26-2.2410 Appeal - Decision. A decision of any division of the planning agency shall be final upon the expiration of the time herein allowed for appeal; e~(cept that, if an appellant has perfected on appeal, that portion of the decision appealed from is suspended pending final disposition. (Ord. 77-33 ~ 15 (part), 1975: prior code ~ 2205.50: Ord. 917). 29 26-2.2412 Appeal - Tentative maps. The appropriate appellate division as indicated in Section 26-2.2406 shall set the tentative map (but not including parcel maps and tentative maps therefor) for hearing. Such hearing shall be held and the appellate division shall render its decision on the appeal as provided in Chapter 3 (Gov. C. ~~ 66451 ff.) of the Subdivision Map Act. The decision shall comply with the provisions in the Subdivision Map Act and in particular Government Code Sections 66473, 66473.5 and 66474, and shall include any findings required by said Act. The abovementioned time limits shall not apply where they have been waived by appellant or the tentative map under consideration is being considered in conjunction with or is conditioned upon the obtaining of a necessary zoning variance, rezoning or the approval of a final development plan. (Ord. 77-33 ~ 15). (Contra Costa County 9-15-77) 26-2.2602-26-2.2806 ADMINISTRATION Article 26-2.26 Conditional Zoning 26-2.2602 Conditional zoning - Authority. On the planning commission's recommendation, the board of supervisors may impose conditions on the zoning reclassification of property. (Ord. 71-18 ~ 1 (part), 1971: prior code ~ 2204.72(a)). 26-2.2604 Conditional zoning Conditions. These conditions shall be those only which the board determines, after considering the commission's recommendations, to be necessary to avoid circumstances inimical to the public health, safety or general welfare, or to fulfill public needs reasonably expected to result from the allowable uses and/or development; and the conditions shall be reasonably so designed, and reasonably related to the necessities of each case considering all the relevan t facts. Further, these conditions shall relate to special problems of the property if rezoned, such as water supply, sewers, utilities, drainage, grading or topography, access, pedestrian or vehicular traffic, or proposed physical developments affecting nearby properties. (Ord. 71-18 ~ 1 (part), 1971: prior code ~ 2204. 72(b)). 26-2.2606 Conditional zoning Operativeness. The ordinance reclassifying the property shall not be operative until the conditions have been satisfied, or assurance provided by way of contract (with adequate surety), as found and declared by board resolution. (Ord. 71-18 ~ 1 (part), 1971: prior code ~ 2204.72(c)). Article 26-2.28 Fees 26-2.2802 Schedule. (a) Except as otherwise provided in this article, the following fees shall be charged and paid with the submission of an application for fIling or an appeal and at the same time for the preparation of any required environmental impact report (EIR): (Contra Costa County 9-15-77) Action Proposed Filing EIR Appeal Land (conditional) use permit $ 90 $250 $ 50 Variance permit Single family residence 50 30 Others 75 150 50 Development plan permit Under fifteen acres 100 250 60 Fifteen acres or over 200 500 100 Minor subdivision 100 250 60 Subdivision, Under fifteen acres 100 250 60 Fifteen acres or over 200 500 100 Rezoning 200 500 100 Planned unit district Rezoning 200 500 100 Final development plan 200 500b 100 Agricultural preserve rezoning 150 250 100 Other special permit 90 250 50 (b) The planning director may waive part or all of the fee for planned unit district final development plan EIR if he finds that the preliminary development plan EIR was sufficiently comprehensive to cover final development plan consideration. (Ord. 74-2 ~ 3 (part), 1974). 26-2.2804 Environmental impact reports. Whenever the planning department determines that the costs of preparing an environmental impact report (EIR) will exceed the minimum fees specified in Section 26-2.2802, it shall first require the proponent to deposit enough money to cover the department's estimate of the costs to prepare the EIR. The costs shall be paid from the fee and this deposit. If the costs exceed the fee and deposit, the proponent shall upon initial hearing and disposition of the proposed action pay the excess costs to the county; if the costs are less than the fee and deposit, any excess of the deposit over the minimum fee specified in Section 26-2.2802 shall be refunded to the proponent. (Ord. 74-2 ~ 3 (part), 1974). 26-2.2806 Other appeal fees. Unless specifically covered by Section 26-2.2802, the fees for appealing planning agency decisions shall be as follows: 30 RECREA nON AND NATURAL RESOURCES COMMISSION Division Decision Appealed Zoning administrator Board of zoning adjustment . . . . . . . . . . . . Planning commission or board of appeal Rezoning ....................... Other . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 74-2 @ 3 (part), 1974). Fee on Appeal $30 30 26-2.2808 Refunds. (a) Filing and EIR. If an application or filing is withdrawn, the fee for filing and/or for EIR shall be refunded on applicant's request made before the department does substantial work on it and before any required notice is published or posted. (b) Appeals. If an appeal is dismissed, one-half the fee shall be refunded on appellant's request made before any required notice is published or posted. (Ord. 74-2 @ 3 (part), 1974). Article 26-2.30 Judicial Review 26-2.3002 Limitation of actions. Any court action or proceeding to attack, review, set aside, void or annul any decision of matters listed in this Chapter 26-2 or Title 8 otherwise subject to judicial review (other than those listed in Government Code @@ 65907 and 66499.37 and Public Resources Code ~ 21167) or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after such decision. Thereafter all persons are barred from commencing any such action or proceeding and from asserting any defense of invalidity or unreasonableness of such decisions, proceedings, acts or determinations. (Ord. 79-7 ~ I.) 26-2.2808 -26-4.006 Chapter 26-4 RECREATION AND NATURAL RESOURCES COMMISSION 60 30 Sections: 26-4.002 26-4.004 26-4.006 26-4.008 26-4.010 26-4.012 Creation-Appointment. Terms- V acancies- Absences. Purpose and duties. Organization and staff. Meetings-Quorum. Compensation. 26-4.002 Creation - Appointment. There is created a recreation and natural resources commission, consisting of five commissioners whom the board of supervisors shall appoint. (Ord. 67-7 S 1 (part), 1967: prior code S 2220). 26-4.004 Terms - Vacancies - Absences. (a) Commissioners shall serve three year terms beginning April 1 and ending on March 31. (b) The board of supervisors shall fill vacancies for the remainder(s) of the unexpired term(s) involved. Absence from four consecutive regular meetings, unless excused by commission vote, vacates the office; and the commission shall notify the board of supervisors of the vacancy. (Ord. 67-7 S 1 (part), 1967: prior code S 2221). 26-4.006 Purpose and duties. The commission's general purpose is to advise and inform the board of supervisors on recreational development, and on the overall enhancement, protection, preservation, and economic utilization of natural resources; and it shall: (1) Advise the board in formulating and implementing policies on recreational development in the county, including planning, acquiring, developing, operating and maintaining parks, including shoreline recreational facilities, historical sites, roadside developments, riding and hiking trails, and other similar facilities; and (2) Recommend to the board ways and means of coordinating programs and activities of federal, state, regional, and local public agencies that provide park and recreation services to the people of the county; (3) Formulate and recommend to the board and other public agencies policies related to the commission's general purpose and related to natural resources, including agricultural lands, open spaces, scenic roads and highways, and 30-1 (Contra Costa County 3-15-79) 26-4.008 ADMINISTRA nON creeks and shorelines,. water and mineral supplies, fish and wildlife, and tree and plant growths; (4) Interpret park and recreational services to officials and residents, to develop support therefor from public and private sources. (Ord. 67-7 ~ 1 (part), 1967: prior code ~ 2222). 26-4.008 Organizaton and staff. The commISSIOn shall annually elect a chairman, vice-chairman and secretary. The board of supervisors shall designate the county administrator or other county department head (Contra Costa County 3-15-79) 30-2 DELINQUENCY PREVENTION COMMISSION 26-2.2808-26-6.004 Division Decision Appealed Zoning administrator Board of zoning adjustment. . . . . . . . . . . . Planning commission or board of appeal Rezoning ....................... Other '. . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 74-2 ~ 3 (part), 1974). Fee on Appeal $30 30 26-2.2808 Refunds. (a) Filing and EIR. If an application or filing is withdrawn, the fee for filing and/or for EIR shall be refunded on applicant's request made before the department does substantial work on it and before any required notice is published or posted. (b) Appeals. If an appeal is dismissed, one-half the fee shall be refunded on appellant's request made before any required notice is published or posted. (O~d. 74-2 ~ 3 (part) 1974). ' Article 26-2.30 Judicial Review 26-2.3002 Limitation of actions. Any court action or proceeding to attack, review, set aside, void or annul any decision of matters listed in this Chapter 26-2 or Title 8 otherwise subject to judicial review (other than those listed in Government Code ~~ 65907 and 66499.37 and Public Resources Code ~ 21167) or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after such decision. Thereafter all persons are barred from commencing any such action or proceeding and from asserting any defense of invalidity or unreasonableness of such decisions, proceedings, acts or determinations. (Ord. 79-7 ~ L) Chapter 26-6 DELINQUENCY PREVENTION COMMISSION* 60 30 Sections: 26-6.002 26-6.004 26-6.006 Probation department assistance. Establishment-Maintenance- Powers and duties. Executive secretary and staff. 26-6.002 Probation department assistance. Pursuant to Section 535 of the Welfare and Institutions Code, the probation department under the probation officer is designated as the department to cooperate with and assist in coordinating on a county-wide basis the work of those community agencies engaged in activities designed to prevent juvenile and adult delinquency. (Ord. 1959: Ord. 1666: prior code ~ 2230). ' 26-6.004 Establishment - Maintenance - Powers and duties. (a) Establishment: Pursuant to Welfare and Institutions Code Section 535.5, there is established the delinquency prevention commission of Contra Costa County, and the juvenile justice commission of this county is designated to serve in such capacity. (b) Support and Maintenance: The delinquency prevention commission shall be supported and maintained by the county as though attached to the probation department, and its budget, revenue allowance and expenditures, shall' be handled through the probation department and county administrator. Applications for outside funds, such as pursuant to Welfare and Institutions Code Section 1752.5, shall be in accordance with established board of supervisors' policies and procedures. (c) Powers and Duties: The commission shall have the powers and duties provided by law, to coordinate on a county-wide basis the work of those governmental and nongovernmental organizations engaged in activities designed to prevent juvenile delinquency, with special emphasis on preventive measures and the need for family and community awareness and involvement in these matters. (Ord. 1959: prior code ~ 2231). *For the statutory provisions regarding commissions and committees for juveniles, see Welf. & I. C. !l 526 ff; for the provisions regarding the county juvenile justice commission, see Welf. & I. C. !l 526. 31 (Contra Costa County 4.82) 26-6.006 - 26-10.402 ADMINISTRATION 26-6.006 Executive secretary and staff. The probation officer shall be the executive secretary of the delinquency prevention commission, and the probation department shall provide necessary staff service to it. All other county departments and agencies may assist the delinquency prevention commission when such assistance is requested and the necessary staff or equipment can be made available. These services shall be without compensation. (Ord. 1959: prior code ~ 2232). Chapter 26-10 ASSESSMENT APPEALS BOARD Article 26-10.2 General Sections: 26-10.202 26-10.204 Creation and authority. Mem bership-Qualifications- Term. 26-10.206 Alternates. 26-10.207 Direct appointment. 26-10.208 Vacancies. 26::.1 $1.219 ...;J~.';lX..fID,~e~ _ 1 ..r. __ Article 26-10.4 Powers an,iProcedures Sections: 26-10.402 26-10.404 26-10.406 26-10.408 Powers. Hearing procedures. Legal advice. Clerk. Article 26-10.2 General 26-10.202 Creation and authority. Pursuant to Section 9.5 of Article 13 of the Constitution and Revenue and Taxation Code Sections 1620 ff., an assessment appeals board (tax appeals board) is created. (Ord. 73-45 ~ I (part), 1973). 26-10.204 Memoership - Qualifications - Term. (a) Membership: The assessment appeals board shall consist of three members appointed directly by the board of supervisors. Approval of each member shall be by majority vote of the board of supervisors. (b) Qualifications and Term: The members' qualifications and terms of office shall be as provided by Revenue and Taxation Code Sec- tions 1620 ff. (Ord. 73-45 ~ I (part), 1973). (Contra Costa County 4-82) 26-10.206 Alternates. The board of super- visors may also appoint not more than three alternate members for the assessment appeals board, in the same manner, and with the same qualifications, as govern the regular members. Terms of office for alternate members shall be two years beginning on the first Monday in September. Whenever any regular member of the assessment appeals board is temporarily unable or disqualified to act, an alternate member designated by the chairman shall act. (Ords. 80-20, 73-45: R.&T.C. ~ 1622.5). 26-10.207 Direct appointment. After January 1, 1975, the board of supervisors shall appoint the members and alternates to the assessment appeals board upon the expiration of any term of office or the occurrence of a vacancy. (Ord. 74-57 ~ 1: R.&T.C. ~ 1623.1). 26-10.208 Vacancies. Anyone appointed to fill a vacancy during the term of a regular alter- nate member shall serve for the remainder of the unexpired term. Anyone appointed to fill any other interim vacancy shall serve until the next following first Monday in September. (Ords. 80-20,73-45: R.&.T.C. ~ 1623). 26-10.210 Pay and expenses. (a) Each . member of the assessment appeals board shall receive compensation for his services as set by board of supervisors resolution from time to time. The alternate members shall receive the compensation of a regular member when so acting. (b) Each member and alternate member of the assessment appeals board shall also be reimbursed for mileage and other expenses reasonably and necessarily incurred in the dis- charge of his duties, as provided for regular county employees. (Ords. 74-57 ~ 2; 73-45). Article 26-10.4 Powers and Procedures 26-10.402 Powers. The assessment appeals board shall constitute a board of equalization, with power to: (1) Equalize the valuation of the taxable property in the county for the purpose of taxa- tion in the manner provided for in Section 9 of Article 13 of the State Constitution; (2) Review, equalize and adjust penal and escaped assessments on the roll; and 32 ASSESSMENT APPEALS BOARD (3) Exercise the powers specified in Revenue and Taxation Code Section 1611. All general laws pertaining to county boards of equalization shall be applicable to the assessment appeals board. (Ord. 73-45 ~ 1 (part), 1973). 26-10.404 Hearing procedures. (a) Article 1 of subchapter 3 of Chapter 1 of Title 18 of the California Administrative Code (including future amendments) and Revenue and Taxation Code Sections 1620 ff. (including future amendments) are adopted as rules of procedure for hearings before the assessment appeals board. (b) The assessment appeals board shall be subject to rules adopted by the board of supervisors in accordance with the provisions of Section 9.5 of Article 13 of the Constitution. These rules shall supplement the California Administrative Code, and in case of conflict, the latter shall govern. (Ord. 73-45 ~ 1 (part),' 1973). 26-10.406 Legal advice. The county counsel shall give legal advice to the assessment appeals board. (Ord. 73-45 ~ 1 (part), 1973). 26-10.408 Oerk. The clerk of the board of supervisors shall be the clerk of the assessment 32-1 26-10.404-26-10.408 \ (Contra Costa County 4.82) appeals board. He shall keep a record of its proceedings and shall perform the same duties in connection with its proceedings as he is required by law to perform for the county board of equalization. (Ord. 73-45 ~ 1 (part), 1973). Division 28 COURTS, JURORS, LAW LIBRARY Chapters: 28-2 Judicial Districts 28-4 Grand Jury 28-6 Law Library Chapter 28-2 JUDICIAL DISTRICTS* Sections: 28-2.002 28-2.004 Nomenclature. Walnut Creek-Danville judicial district. Mt. Diablo judicial district. Delta judicial district. Bay judicial district. 28-2.006 28-2.008 28-2.022 28-2.002 Nomenclature. This county is divided into the following named judicial districts, each comprising all the territory within the listed election precincts; and the courts thereof are named "The Municipal Court of the . . . . . . . . .. Judicial District of Contra Costa County," respectively. (Ords. 76-39 ~ 1, 73-9 ~ 1, 72-22 ~ 1,69-17: formerly code ~ 25-2.002: prior code ~ 2300: Ords. 68-65, 68-55, 68-43, 68-8, 67-17, 1968, 1890, 1785, 1731, 1648, 1594, 1564, 1398). 28-2.004 Walnut Creek-Danville judicial district. The Walnut Creek-Danville judicial district comprises the Alamo, Canyon, Danville, Lafayette, Moraga, Orinda, San Ramon, Saranap, St. Mary's, Tassajara and Walnut Creek precincts. (Ords. 76-39 ~ 1, 69-17: formerly code ~ 25-2.004: prior code ~~ 2300, 2303: Ords. 1968, 1890, 1785, 1731, 1648, 1594, 1398 ). *For the statutory provisions regarding consolidation of judicial districts, see Gov. C. ~~ 71042, 71042.5 and 71042.6; for the provisions regarding justice courts and municipal courts, see Gov. C. & 71001 ff. JUDICIAL DISTRICTS 28-2.002- 28-4.002 28-2.006 Mt. Diablo judicial district. The Mt. Diablo judicial.. district comprises the Alhambra, Clayton, Clyde, Concord, Martinez, Mountain View, Nichols 502, 504 and 506, Oleum 504, Pacheco, Pleasant Hill, Port Chicago and Vine Hill precincts. (Ords. 7 6-39 ~ 1, 72-22 ~ 2, 69-32, 69-17: formerly code ~ 25-2.006: prior code ~~ 2300, 2301, 2304: Ords. 68-65 ~ 2, 68-8 ~ 1,67-17,1968,1890,1785,1731, 1648, 1594, 1564, 1398). 28-2.008 Delta judicial district. The Delta judicial district comprises the Antioch, Bethel Island, Brentwood, Byron, Knightsen, Lone Tree, Nichols except 502, 504 and 506, Oakley, and Pittsburg precincts. (Ords. 76-39 ~ 1, 73-9 ~ 2, 70-73 ~ 2,69-17: formerly code ~~ 25-2.008, 25-2.012: prior code ~ ~ 2300, 2305, 2307, 2308, 2314: Ords. 68-65 ~ 3,68-55,68-8, 1968, 1890,1785,1731,1648,1594,1564,1398). 28-2.022 Bay judicial district. The Bay judicial district comprises all the Bay View, Berkeley Park, Crockett, East Richmond, El Cerrito, E1 Sobrante, Giant, Hercules, Kensington, North Richmond, Oleum except Oleum 504, Pinole, Port Costa, Richmond, Rodeo, Rollingwood, San Pablo and Selby precincts. (Ords. 78-36 ~ 3, 76-40 ~ 3; formerly code ~~ 28-2.010,28-2.020). Chapter 28-4 GRAND JURY Sections: 28-4.002 Compensation. 28-4.002 Compensation. (a) Per Diems. Each grand juror shall be paid ten dollars for at- tending each meeting of the jury and ten dollars for attending each meeting of its committees, but not more than one of each ten-dollar per diems in anyone twenty-four hour period from six a.m. to six a.m. the following day. (b) Expenses. Each grand juror shall be re- imbursed for actual, necessary, and reasonable expenses (including mileage), at the same rates as for county commissions. (Ords. 81-73 ~ 1, 81-62 ~ 1: Government Code ~ 68091; see also Penal C. ~ 890 and former Govt. C. ~ 76009). 33 (Contra Costa County 11-81) 28-6.002 ADMINISTRA nON Chapter 28-6 LAW LIBRARY* Sections: 28-6.002 Establishment. 28-6.002 Establishment. Pursuant to Business and Professions Code Section 6364, the provisions of Chapter 5 of Division 3 (Sections 6300 ff.) of that code on county law libraries are applicable to this county. (Ord. 76-39 ~ 2: prior code ~ 2650: Ords. 1457, 62). *For the statutory provisions regarding county law libraries, see Bus. & P. c. ~ 6300 ff; for the provision regarding the board of supervisors discretion as to the applicability of these sections to the county, see Bus. & P. c. ~ 6364. (Contra Costa County 11-81) 34 Chapter 28-2 JUDICIAL DISTRICTS* '- Sections: 28-2.002 28-2.004 Nomenclature. Walnut Creek-Danville judicial district. Mt. Diablo judicial district. Delta judicial district. Bay judicial district. 28-2.006 28-2.008 28-2.022 28-2.002 Nomenclature. This county is divided into the following named judicial districts, each comprising all the territory within the listed election precincts; and the courts thereof are named "The Municipal Court of the . . . . . . . . .. Judicial District of Contra Costa County," respectively. (Ords. 76-39 ~ 1, 73-9 ~ 1, 72-22 ~ 1, 69-17: formerly code ~ 25-2.002: prior code ~ 2300: Ords. 68-65, 68-55, 68-43, 68-8, 67-17, 1968, 1890, 1785, 1731, 1648, 1594, 1564, 1398). 28-2.004 Walnut Creek-Danville judicial district. The Walnut Creek-Danville judicial district comprises the Alamo, Canyon, Danville, Lafayette, Moraga, Orinda, San Ramon, Saranap, St. Mary's, Tassajara and Walnut Creek precincts. (Ords. 76-39 ~ 1, 69-17: formerly code ~ 25-2.004: prior code ~~ 2300, 2303: Ords. 1968, 1890, 1785, 1731, 1648, 1594, 1398). 28-2.006 Mt. Diablo judicial district. The Mt. Diablo judicial district comprises the Alhambra, Clayton, Clyde, Concord, Martinez, Mountain View, Nichols 502, 504 and 506, Oleum 504, Pacheco, Pleasant Hill, Port Chicago and Vine Hill precincts. (Ords. 7 6-39 ~ 1, 72-22 ~ 2, 69-32, 69-17: formerly code ~ 25-2.006: prior code ~~ 2300, 2301, 2304: Ords. 68-65 ~ 2, 68-8 ~ 1,67-17, 1968,1890,1785,1731, 1648, 1594, 1564, 1398). 28-2.008 Delta judicial district. The Delta judicial district comprises the Antioch, Bethel Island, Brentwood, Byron, Knightsen, Lone Tree, Nichols except 502, 504 and 506, Oakley, and Pittsburg precincts. (Ords. 76-39 ~ 1, 73-9 ~ *For the statutory provisions regarding consolidation of judicial districts, see Gov. C. ~~ 71042, 71042.5 and 71042.6; for the provisions regarding justice courts and municipal courts, see Gov. C. & 71001 ff. JUDICIAL DISTRICTS 28-2.002-28-6.002 2, 70-73 ~ 2,69-17: formerly code ~~ 25-2.008, 25-2.012: prior code ~~ 2300, 2305, 2307, 2308, 2314: Ords. 68-65 ~ 3,68-55,68-8, 1968, 1890,1785,1731,1648,1594,1564,1398). 28-2.022 Bay judicial district. The Bay judicial district comprises all the Bay View, Berkeley Park, Crockett, East Richmond, El Cerrito, El Sobrante, Giant, Hercules, Kensington, North Richmond, Oleum except Oleum 504, Pinole, Port Costa, Richmond, Rodeo, Rollingwood, San Pablo and Selby precincts. (Ords. 78-36 ~ 3, 76-40 ~ 3; formerly code ~~ 28-2.010,28-2.020). Chapter 28-6 LAW LIBRARY* Sections: 28-6.002 Establishment. 28-6.002 Establishment. Pursuant to Business and Professions Code Section 6364, the provisions of Chapter 5 of Division 3 (Sections 6300 ff.) of that code on county law libraries are applicable to this county. (Ord. 76-39 ~ 2: prior code ~ 2650: Ords. 1457,62). *For the statutory provisions regarding county law libraries, see Bus. & P. C. ~ 6300 ff; for the provision regarding the board of supervisors discretion as to the applicability of these sections to the county, see Bus. & P. C. ~ 6364. 34-1 (Contra Costa County 9-15-78)