Division IV: Administration and Permits
Chapter 18.20
PLANNING AUTHORITIES
Sections:
18.20.030 Planning Commission.
18.20.040 Community Development Director.
18.20.050 Summary of review authorities for decisions and appeals.
18.20.010 Purpose.
This chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this code, including the City Council, Planning Commission, and Community Development Director. [Ord. 24-002 § 5 (Exh. A).]
18.20.020 City Council.
The powers and responsibilities of the City Council include, but are not limited to, the following:
A. Consider and adopt, reject or modify proposed amendments to the zoning code and zoning map and any associated environmental documents, following a public hearing and recommendation by the Planning Commission, pursuant to Chapter 18.29 DMC, Amendments.
B. Consider and adopt, reject, or modify development agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter 18.30 DMC, Development Agreements.
C. Hear and decide appeals from decisions of the Planning Commission pursuant to DMC 18.21.120, Appeals.
D. Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this code. [Ord. 24-002 § 5 (Exh. A).]
18.20.030 Planning Commission.
The powers and responsibilities of the Planning Commission include, but are not limited to, the following:
A. Annually review progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions.
B. Approve, modify, or deny conditional use permits and variances, pursuant to Chapter 18.24 DMC, Use Permits, and Chapter 18.28 DMC, Variances.
C. Conduct design review for certain projects, pursuant to Chapter 18.23 DMC, Design Review.
D. Make recommendations to City Council on proposed amendments to the zoning code and zoning map and environmental documents related to any of the foregoing, pursuant to Chapter 18.29 DMC, Amendments.
E. Make recommendations to the City Council on development agreements, pursuant to Chapter 18.30 DMC, Development Agreements.
F. Hear and decide appeals from decisions of the Community Development Director, pursuant to DMC 18.21.120, Appeals.
G. Hear and decide proposals to revoke permits, pursuant to DMC 18.21.110, Revocation of permits.
H. Make environmental determinations on any approvals within the Planning Commission’s jurisdiction that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.
I. Such other powers and responsibilities as assigned or directed by the City Council. [Ord. 24-002 § 5 (Exh. A).]
18.20.040 Community Development Director.
The powers and responsibilities of the Community Development Director (“the Director”), or their designee, include, but are not limited to, the following:
A. Perform all of the functions designated by State law, including, but not limited to, an annual report related to implementation of the General Plan in compliance with Cal. Gov’t Code § 65400.
B. Maintain and administer the zoning code, including the processing of applications, abatements, and other enforcement actions.
C. Interpret the zoning code as needed for members of the public and other City departments.
D. Prepare rules and procedures necessary for conducting the Director’s business. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure, and recordkeeping). These rules and procedures must be approved by City Council resolution, following review and recommendation by the Planning Commission.
E. Issue administrative regulations for the submission and review of applications subject to the requirements of Cal. Gov’t Code § 65950, Deadlines for Project Approval Conformance; Extensions.
F. Review applications for permits and licenses for conformance with this code and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.
G. Approve, modify, or deny administrative use permits, pursuant to Chapter 18.24 DMC, Use Permits.
H. Approve, modify, or deny temporary use permits, pursuant to Chapter 18.25 DMC, Temporary Use Permits.
I. Approve, modify, or deny a modification, pursuant to Chapter 18.26 DMC, Modifications.
J. Approve, modify, or deny requests for reasonable accommodation for land use projects, pursuant to Chapter 18.27 DMC, Reasonable Accommodation.
K. Conduct design review and approve, modify, or deny land use projects pursuant to Chapter 18.23 DMC, Design Review.
L. Approve, modify, or deny requests for extensions for land use projects, pursuant to DMC 18.21.090, Effective dates – Expiration and extension.
M. Decide requests for minor revisions to approved permits, pursuant to DMC 18.21.100, Revisions to an approved permit.
N. Refer items to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action.
O. Determine whether a project is subject to review under the California Environmental Quality Act and notify the applicant if any additional information is necessary to conduct the review.
P. Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this code.
Q. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to DMC 18.21.110, Revocation of permits.
R. Delegate administrative functions to members of the Planning Division.
S. Other duties and powers as may be assigned by the City Council or established by legislation. [Ord. 24-002 § 5 (Exh. A).]
18.20.050 Summary of review authorities for decisions and appeals.
Table 18.20.050: Summary of Review Authorities for Decisions and Appeals, summarizes the powers and duties that each review authority has under this code. Where a land use project requires more than one (1) type of application, all permit requests shall be reviewed and decided on by the highest review authority established for any of the applications.
The Director may refer any item for which the Director makes a determination to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action.
|
Decision Type |
Reference |
Advisory Body |
Review Body |
Appeal Body |
|---|---|---|---|---|
|
Interpretations |
DMC 18.21.130 |
N/A |
Director |
Planning Commission |
|
Extension to Permit |
DMC 18.21.090 |
N/A |
Director |
Planning Commission |
|
Minor Revision to Permit |
DMC 18.21.100 |
N/A |
Director |
Planning Commission |
|
Major Revision to Permit |
DMC 18.21.100 |
N/A |
Review Authority of Original Permit |
Appeal Body for Original Permit |
|
Permit Revocation |
DMC 18.21.110 |
Director |
Planning Commission |
City Council |
|
Zoning Clearance |
Ch. 18.22 DMC |
N/A |
Director |
Planning Commission |
|
Design Review |
Ch. 18.23 DMC |
N/A |
Director or Planning Commission |
Planning Commission or City Council |
|
Administrative Use Permit |
Ch. 18.24 DMC |
N/A |
Director |
Planning Commission |
|
Conditional Use Permit |
Ch. 18.24 DMC |
Director |
Planning Commission |
City Council |
|
Temporary Use Permit |
Ch. 18.25 DMC |
N/A |
Director |
Planning Commission |
|
Modification |
Ch. 18.26 DMC |
N/A |
Director |
Planning Commission |
|
Variance |
Ch. 18.28 DMC |
Director |
Planning Commission |
City Council |
|
Reasonable Accommodation |
Ch. 18.27 DMC |
N/A |
Director |
Planning Commission |
|
Zoning Amendment |
Ch. 18.29 DMC |
Planning Commission |
City Council |
N/A |
|
Development Agreements |
Ch. 18.30 DMC |
Planning Commission |
City Council |
N/A |
|
Planned Development |
Ch. 18.32 DMC |
Planning Commission |
City Council |
N/A |
[Ord. 24-002 § 5 (Exh. A).]