Chapter 8.128
AUTHORITY TO ADMINISTER TITLE 8

8.128.010 Purpose and Intent.

To establish the authority, position, appointment, duties, and powers of individuals and bodies, which administer Title 8 of the Municipal Code.

8.128.020 Administrative Responsibility.

Title 8 shall be administered by the Director of Community Development under the policy direction of the City Council, working with the Planning Commission, the Zoning Administrator, and the Project Review Committee, as the appointment, duties, and powers of each are described by this Title.

8.128.030 Director of Community Development and Department of Community Development.

A.    Authority. The Director of Community Development, “Director” shall have administrative authority over the Department of Community Development, “Department”. The Director is designated as the appointing authority for personnel purposes for the Department.

B.    Appointment. The Director shall be appointed by the City Manager and shall serve at the discretion of the City Manager.

C.    Duties. The Department shall perform the duties and functions prescribed in the Municipal Code and in California Government Code Section 65103. Through its Director, the Department shall carry out any other responsibilities assigned by the City Council, including but not limited to, the administration and enforcement of the provisions of Title 8; the review of projects pursuant to the requirements of Title 8 and the City of Dublin Environmental Guidelines; and the day-to-day and long range management of the Department. Except where otherwise provided in Title 8, the Director may designate members of the Department staff to carry out his/her responsibilities under this Title.

D.    Powers. The Director shall have the approval authority over those matters as specifically provided by Title 8.

E.    Referral to Zoning Administrator and Planning Commission. At any point in the project review process the Director may transfer original hearing jurisdiction to the Zoning Administrator and Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. See Section 8.96.020.C, Permit Procedures.

F.    Appeal. Decisions of the Director may be appealed as provided in Chapter 8.136, Appeals.

8.128.040 Zoning Administrator.

A.    Authority. The Director shall serve as the Zoning Administrator pursuant to the authority established by California Government Code Section 65900 et. seq., and as established by this section.

B.    Appointment. The Director, at his/her discretion, may designate a member of the Department staff to serve as the Zoning Administrator.

C.    Duties and supervision of the Zoning Administrator

1.    Duties and Functions. The Zoning Administrator shall perform the duties and functions prescribed in the Municipal Code in addition to those assigned by the Director.

2.    Designee. When the Director assigns the duties of the Zoning Administrator to a staff person, that designee shall also perform any additional duties in the Department of Community Development assigned by the Director as appropriate to the personnel title of the designee. The designee shall be subordinate and directly responsible to the Director and/or any intermediate supervisory staff in the performance of all duties other than those of Zoning Administrator, but shall not be subordinate to, nor under the direction or control of the Director when performing the duties of Zoning Administrator.

D.    Powers. The Zoning Administrator shall serve as a hearing officer and is assigned the authority and original jurisdiction to investigate, consider, approve or deny applications for Conditional Use Permits, Variances, and any other matters as specifically provided by this Title.

E.    Referral to Planning Commission. At any point in the project review process the Zoning Administrator may transfer original hearing jurisdiction to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. See Section 8.96.020.C, Permit Procedures.

F.    Appeal. Decisions of the Zoning Administrator may be appealed as provided by Chapter 8.136, Appeals.

8.128.050 Project Review Committee.

A.    Authority/Land Use Permits. The Project Review Committee shall review Conditional Use Permits, Site Development Reviews, Variances, and Parcel Maps and Tentative Maps being processed pursuant to Title 9, Subdivisions, and other land use permits; advise the Department Staff on such applications; and propose conditions of approval. The Project Review Committee shall be chaired by the manager of the project being reviewed.

B.    Authority/Other Planning Actions. The Project Review Committee shall review Planned Development Rezones, and Zoning Ordinance Amendments and other planning actions, to determine appropriate standards to include in ordinances and planning documents.

C.    Appointment. The Project Review Committee shall consist of a representative of such agencies and City departments that have an interest in a project and would provide conditions of approval or other development standards.

8.128.060 Planning Commission.

The duties of the Planning Commission are described in Chapter 2.12 of the Municipal Code.

8.128.070 City Manager.*

A.    Waiver Authority During COVID-19 Pandemic. The City Manager shall have the authority to waive certain Zoning Ordinance requirements and/or standards under Title 8 to facilitate business operations affected by COVID-19 and/or public health orders of the federal, state, or county government designed to slow the transmission of the Novel Coronavirus (COVID-19), to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed under this Title, as applicable. An applicant must file a request for a waiver with the City’s Planning Division. Ord. 8-21 (October 2021)

*    Code reviser’s note: Ordinance 8-21, Section 5, provides that this section “shall remain in effect through September 30, 2022, or until the expiration of any order of the federal, state or county government to slow the transmission of COVID-19, whichever occurs later.”