Chapter 14.01.030 Authority

Chapter 14.01.030
Authority

Sections:

14.01.030.020 City Council – Approval Authority.

14.01.030.030 Planning Commission – Approval Authority.

14.01.030.010 Assignment of Authority.

The provisions of this division are intended to provide an overview of the assignment of authority. The individual divisions contained within this title provide the actual authority to decision makers for various approvals related to land use and development.

The authority for the regulations contained in this title is based on Section 7, Article XI of the California Constitution, the provisions of the California Planning and Zoning Law, Division 1 of Title 7 of the California Government Code, which provide for the regulation of the intensity of land use and the adoption of standards for the regulations of population density, the California Environmental Quality Act, Title 13 of the Public Resources Code, the California Health and Safety Code, and the police powers granted to municipalities by the laws of the state of California.

In addition, the provisions of this title relating to the regulation and control of subdivisions are intended to serve as the Subdivision Ordinance of the City and to supplement the Subdivision Map Act, Division 2 of Title 7 of the California Government Code. The provisions of the Subdivision Map Act are hereby incorporated herein by reference. In the event of a conflict between the provisions of the Subdivision Map Act and the provisions of this title, the Subdivision Map Act shall prevail.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.01.030.020 City Council – Approval Authority.

The City Council is authorized to administer this Land Use and Development Code as follows:

A. The City Council is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:

1. Appeals of determinations by the Planning Commission;

2. Approvals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;

3. Amendments to the Land Use and Development Code;

4. Certification of environmental impact reports, and other environmental assessments processed concurrently with development applications subject to City Council approval;

5. Zoning map amendments and prezonings;

6. Policy plans and specific plans, adoption and amendment;

7. Planned development overlays, including with a density bonus;

8. Vesting tentative and parcel maps;

9. Final tract maps;

10. Benefit district formation;

11. Right-of-way dedications;

12. Plan lines;

13. Development agreements, adoption and amendment;

14. General Plan amendments;

15. Residential building permit allocations pursuant to the Planned Growth Ordinance;

16. Annexations;

17. Cancellation of California Land Conservation Act agricultural contracts;

18. Design guidelines for nonresidential development, and for residential development if adopted prior to January 1, 2020;

19. Establishment of areas of special flood hazard;

20. Residential development application when processed concurrently with a legislative approval;

21. Traffic Impact Mitigation Ordinance;

22. Planned Growth Ordinance; and

23. Solano County Airport Land Use Commission determinations according to state Public Utilities Code Sections 21676(a), (b), and (c) and Section 14.09.110.070.B.

B. Fees. The City Council may establish fees set by resolution to cover costs of services provided in reviewing and processing applications, administering permits and other approvals, and conducting plan checks and inspections pursuant to this title.

C. Design Guidelines. The City Council is authorized to adopt by resolution design guidelines and policies as a supplement to the development standards of this title.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.01.030.030 Planning Commission – Approval Authority.

The Planning Commission is authorized to administer this Land Use and Development Code as follows:

A. The Planning Commission may approve, approve with modifications, or deny applications and related proposals pertaining to the following:

1. Appeals of determinations by the Director of Community Development;

2. Approvals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;

3. Certification of environmental impact reports or approval of environmental assessments;

4. Conditional use permits;

5. Variances;

6. Design review;

7. Tentative maps;

8. Relocation permits; and

9. Major modifications.

B. The Planning Commission shall review and make recommendations to the City Council for applications and related proposals, or amendments to the Land Use and Development Code, pertaining to the following:

1. Applications or proposals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;

2. Environmental assessments for projects on which the Planning Commission is authorized to make a recommendation;

3. Zoning map amendments and prezonings;

4. Planned development overlay, including with a density bonus;

5. Amendments to the Subdivisions Ordinance;

6. Policy plans and specific plans, adoption and amendment;

7. Amendments to the Zoning Ordinance;

8. Amendments to the Dedications and Improvements Ordinance;

9. Plan lines;

10. General Plan amendments;

11. Design guidelines;

12. Vesting tentative maps;

13. Residential development applications when processed concurrently with a zoning map amendment;

14. Residential building permit allocations pursuant to the Planned Growth Ordinance;

15. Development agreements, adoption and amendment; and

16. Growth audit report.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

14.01.030.040 Administrative Authority.

The Director of Community Development, the City Engineer, the Building Official, the Director of Public Works, and the Fire Chief are authorized to administer this Land Use and Development Code as follows:

A. The Director of Community Development is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:

1. Applications or proposals, in addition to those listed below, as specified in the applicable sections of the Land Use and Development Code;

2. Home occupation permits;

3. Accessory dwelling units;

4. Design review;

5. Minor use permit;

6. Administrative clearances;

7. Modifications and major modifications;

8. Signs;

9. Large family day care;

10. Determination of a permitted use;

11. Parcel maps, lot line adjustments, and parcel map waivers;

12. Environmental assessments for projects within administrative review authority;

13. Approvals as specified in a policy plan or specific plan; and

14. Tree removal permit.

B. The Director of Community Development is authorized to perform administrative actions to implement the provisions of this title, including the following:

1. Preparation and execution of public notices;

2. Conduct public information meetings as determined to be necessary;

3. Maintenance of records;

4. Execution of official documents;

5. Analysis of applications and preparation of staff reports;

6. Recommendation to the Planning Commission and the City Council regarding applications or proposals;

7. Other actions as required by this title; and

8. Addition and revision of diagrams and other figures to the Land Use and Development Code which are intended for illustrative purposes.

C. The City Engineer is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:

1. Public improvement grading permits;

2. Other applications or proposals as specified in the applicable sections of the Land Use and Development Code; and

3. Corrections or modifications to filed maps or parcel maps.

D. The Building Official is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:

1. The California Building Standards, except the California Fire Code;

2. Private grading permits; and

3. Other applications or proposals as specified in the applicable sections of the Land Use and Development Code.

E. The Director of Public Works is authorized to approve, approve with modifications, or deny applications and related proposals pertaining to the following:

1. Public improvement grading permits;

2. Emergency projects as defined in Division 14.03; and

3. Other applications or proposals as specified in the applicable sections of the Land Use and Development Code.

F. The Fire Chief is authorized to approve, approve with modifications, or deny applications pertaining to the following:

1. Approvals pursuant to the provisions of the Uniform Fire Code; and

2. Other applications or proposals as specified in the applicable sections of the Land Use and Development Code.

(Ord. 1972, Repealed and Replaced, 02/22/2022)