Division II. Administration and Permit Procedures
Chapter 23.10
IDENTIFICATION AND RESPONSIBILITIES OF DESIGNATED PLANNING AGENCIES
Sections:
23.10.020 Composition of the Elk Grove Planning Agency.
23.10.030 Responsibilities of the City Council.
23.10.040 Responsibilities of the Planning Commission.
23.10.050 Additional provisions for the Planning Commission.
23.10.055 Responsibilities of the Zoning Administrator.
23.10.060 Responsibilities of the Development Services Director.
23.10.010 Purpose.
The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 26-2006 §3, eff. 8-11-2006]
23.10.020 Composition of the Elk Grove Planning Agency.
Section 65100 of the California Government Code requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the Planning Agency, as designated by this title, may be any one (1) of the following, as further defined in this chapter and title. In the absence of an assignment, the City Council shall have the Planning Agency responsibility and authority.
A. City Council;
B. Planning Commission;
C. Zoning Administrator;
D. Development Services Director.
Responsible agencies shall have such duties as assigned by this title. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 27-2013 §3, eff. 2-7-2014; Ord. 26-2006 §3, eff. 8-11-2006]
23.10.030 Responsibilities of the City Council.
The City Council shall have the following land use responsibilities:
A. Approve appointment of members of the Planning Commission by the Mayor.
B. Hear and decide appeals of the decisions of the Planning Commission.
C. Hear and decide applications for zoning amendments, General Plan and amendments thereto, community plans, specific plans, special planning areas, prezoning, and development agreements. In the event that applications for other land use permits are requested in conjunction with these entitlements, the City Council shall also be the final decision-making body for the other land use permits.
D. Direct planning-related policy amendments and special studies as necessary or desired.
E. Make determinations on consistency with the General Plan of proposed real property acquisitions or disposals as provided in Section 65402 of the California Government Code; provided, however, that the Planning Commission shall make determinations in the circumstances set forth in EGMC Section 23.10.040(H).
F. Exercise such other powers and duties as are prescribed by State law or local ordinance. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014; Ord. 21-2012 §6(A), eff. 11-9-2012; Ord. 26-2006 §3, eff. 8-11-2006]
23.10.040 Responsibilities of the Planning Commission.
The Planning Commission shall have the following land use responsibilities:
A. Hear and decide appeals of the decisions of the Development Services Director and Zoning Administrator.
B. Hear and decide applications for conditional use permits, variances, major design review, major uniform sign programs, extensions to nonconforming use status, tentative subdivision maps, tentative parcel maps, and other permits as entitlements as provided in EGMC Chapter 23.16.
C. Review and approve or disapprove official zoning interpretations.
D. Hear and make recommendations to the City Council on applications or proposals for amendments to this title.
E. Initiate studies of amendments to this title and make recommendations to the City Council for amendments to this title.
F. Hear and make recommendations to the City Council on applications for zoning amendments, General Plan and amendments thereto, specific plans, special planning areas, prezoning, and other related planning studies.
G. Make recommendations to the City Council with respect to the consistency of a proposed capital improvement program with the General Plan as provided in EGMC Chapter 21.15, or the proposed public works improvements or projects of other agencies or special districts within the City as requested and provided under Section 65401 of the Government Code.
H. Make determinations with respect to consistency with the General Plan for real property dedications, dispositions, vacations, and abandonments as required by Section 65402 of the Government Code when proposed as part of the initial development application, except that if the City Council is the designated approving authority for the development project as provided in EGMC Section 23.14.050 (Approving authority) then the City Council shall make the determination after a recommendation by the Planning Commission. However, if the proposed dedication, disposition, vacation, or abandonment is not known or otherwise proposed with the development application then the City Council may consider it and make a determination as to General Plan consistency as part of the approval of the final map or parcel map to the extent such action is a subsequent action of the development application. Where no final map or parcel map is proposed and the General Plan consistency determination is required subsequent to initial approval of the development project the determination shall be made by the original approval authority.
I. Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Council. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 27-2013 §3, eff. 2-7-2014; Ord. 8-2011 §5(A), eff. 6-24-2011]
23.10.050 Additional provisions for the Planning Commission.
A. Membership and Term. There shall be five (5) members of the Planning Commission. Commissioners shall not be employees of the City, but shall be residents of the City. There shall be no maximum term that may be served by an individual member.
B. Vacancies. If a member of the Commission is unable or unwilling to complete his or her service, the Mayor, with the approval of the City Council, shall appoint another person to serve as Commissioner.
C. Compensation. Each appointee to the Planning Commission shall receive compensation as determined by ordinance, resolution, or other formal action of the City Council.
D. Rules. The Planning Commission shall adopt rules of procedure which shall govern the conduct of hearings and other business of the Commission. Copies of the rules shall be published and shall be available at the Office of the Clerk of the City Council.
E. Organization. The Planning Commission members shall annually select a chairperson and vice-chairperson amongst themselves and shall determine the time, place, and frequency of regular meetings.
F. Committees. The Planning Commission is authorized to create committees from their membership for the conduct of their business.
G. Voting. The approval of any action by the Planning Commission shall require the affirmative votes of a majority of the quorum. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 21-2012 §6(B), eff. 11-9-2012; Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]
23.10.055 Responsibilities of the Zoning Administrator.
A. The City Manager, or his or her designee, shall serve as the Zoning Administrator.
B. The Zoning Administrator shall have the following land use responsibilities:
1. Hear and decide applications for minor design reviews and minor use permits;
2. Hear and decide tentative subdivision map, vesting subdivision map, and tentative parcel map extensions; and
3. Exercise such other powers and duties as are prescribed by State or local law, or as directed by the Planning Commission and/or City Council. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 14-2017 §3 (Exh. C), eff. 6-23-2017; Ord. 27-2013 §3, eff. 2-7-2014]
23.10.060 Responsibilities of the Development Services Director.
The Development Services Director shall have the responsibility and authority to administer and enforce this title as follows:
A. Maintain the sections of this title, zoning map, and all records of zoning actions and interpretations.
B. Advise the City Council, City Manager, Zoning Administrator, and Planning Commission on planning matters.
C. Decide administrative permits, including zoning clearance/plan check, minor deviations, minor uniform sign programs, parking reduction permits, reasonable accommodation permits, and temporary use permits.
D. Staff meetings and provide administrative services for the Planning Commission.
E. Direct planning-related policy amendments and special studies as necessary or desired.
F. Conduct administrative functions authorized by this title, including distribution and receipt of permit applications and corresponding fees, application review and public noticing, determination and issuance of administrative permits and approvals, and preparation of staff reports with recommendations, proposed findings, and proposed conditions for quasi-judicial and legislative actions by designated planning agencies. For a comprehensive list of permits, see EGMC Chapter 23.16, Permit Requirements.
G. Provide information to the public and facilitate public participation on planning matters.
H. Prepare official zoning interpretations for Planning Commission review and action.
I. In coordination with other departments of the City, prepare and submit to the City Council for review, and submit to the State of California Office of Planning and Research and the Department of Housing and Community Development, an annual report on implementation of the General Plan as provided in Section 65400 of the California Government Code.
J. Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Manager. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 27-2013 §3, eff. 2-7-2014; Ord. 8-2011 §5(B), eff. 6-24-2011]