Article IV: Administration and Permits

Chapter 18.26
PLANNING AUTHORITIES

Sections:

18.26.010    Purpose.

18.26.020    City Council.

18.26.030    Planning Commission.

18.26.040    Residential Design Review Committee.

18.26.050    Community Development Director.

18.26.060    Zoning Administrator.

18.26.070    Summary of review authorities for decisions and appeals.

18.26.010 Purpose.

The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Zoning Ordinance. Subsequent chapters of Article IV provide detailed information on procedures, applications, and permits, including zoning and General Plan text and map amendments, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.26.020 City Council.

The powers and duties of the City Council under this title include but are not limited to the following:

A.    Consider and adopt, reject or modify amendments to the General Plan map and text pursuant to the provisions of Chapter 18.34, Amendments to General Plan, and of the Government Code, following a public hearing and recommended action by the Planning Commission.

B.    Consider and adopt amendments to the Zoning Map and to the text of this title pursuant to the provisions of Chapter 18.35, Amendments to Zoning Ordinance and Map, and the Government Code, following a public hearing and recommended action by the Planning Commission.

C.    Adopt guidelines for design review pursuant to Chapter 18.29, Design Review.

D.    Hear and decide proposals to revoke permits, pursuant to Section 18.27.140, Revocation of permits, following a public hearing and recommended action by the Planning Commission.

E.    Hear and decide applications for development agreements, pursuant to Chapter 18.37, Development Agreements.

F.    Hear and decide appeals from decisions of the Planning Commission on use permits, variances, and any other permits that can be appealed, pursuant to Section 18.27.150, Appeals.

G.    Hear and decide appeals on environmental determinations by the Director or the Planning Commission, pursuant to Section 18.27.050, Environmental review.

H.    Appoint and remove members of the Planning Commission as provided for in Title 2, Administration and Personnel.

I.    Appoint and remove a citizen volunteer and a design professional as members of the Residential Design Review Committee.

J.    Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided pursuant to this title. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.26.030 Planning Commission.

The Planning Commission is established and organized pursuant to Chapter 2.24, Commissions, and the requirements of the Government Code. The powers and duties of the Planning Commission under this title include but are not limited to the following:

A.    Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the General Plan map and text, pursuant to Chapter 18.34, Amendments to General Plan.

B.    Annually review progress towards implementation of the General Plan and recommend to the City Council changes needed due to new legislation, development trends and changing economic, social and environmental conditions.

C.    Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the Zoning Map and to the text of this title, pursuant to Chapter 18.35, Amendments to Zoning Ordinance and Map.

D.    Approve, conditionally approve, modify or deny conditional use permits and variances, pursuant to Chapter 18.30, Use Permits, and Chapter 18.32, Variances.

E.    Hear and decide on modifications to approved conditional use permits and variances, pursuant to Section 18.27.130, Modification of approved plans.

F.    Conduct hearings and make recommendations to the City Council on applications for preliminary development plans, pursuant to Chapter 18.36, Planned Development.

G.    Conduct hearings and make recommendations to the City Council on proposed revocations of permits, pursuant to Section 18.27.140, Revocation of permits.

H.    Hear and decide appeals from decisions of the Community Development Director or the Zoning Administrator on decisions, determinations, or interpretations made in the enforcement of this title and any other decisions that are subject to appeal, pursuant to Section 18.27.150, Appeals.

I.    Hear and decide appeals of decisions by the Residential Design Review Committee, pursuant to Section 18.27.150, Appeals.

J.    Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the City of San Carlos’ adopted environmental review guidelines pursuant to the State law and the procedures in Section 18.27.050, Environmental review.

K.    Prepare and recommend to the City Council for adoption guidelines for conducting design review, pursuant to Chapter 18.29, Design Review.

L.    Conduct design review on any approvals it grants that are subject to design review pursuant to Chapter 18.29, Design Review.

M.    Appoint and remove one member of the Planning Commission as a member of the Residential Design Review Committee.

N.    Such other duties and powers as assigned or directed by the City Council. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.26.040 Residential Design Review Committee.

The Residential Design Review Committee is established to conduct design review of proposed residential development pursuant to Chapter 18.29, Design Review. It is organized as established by City Council resolution and has the powers and responsibilities as follows:

A.    Powers and Responsibilities. The Residential Design Review Committee shall conduct residential design review in accord with Chapter 18.29, Design Review, and any adopted design review guidelines. (Ord. 1530 § 3 (Exh. A (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.26.050 Community Development Director.

The powers and duties of the Community Development Director (the “Director”) under this title include but are not limited to the following:

A.    Maintain and administer the Zoning Ordinance, including processing of applications, abatements and other enforcement actions.

B.    Interpret the Zoning Ordinance to members of the public and to other City departments.

C.    Prepare and effect rules and procedures necessary or convenient for the conduct of the Director’s business. These rules and procedures must be as approved by a resolution of the City Council following review and recommendation of the Planning Commission. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure and recordkeeping).

D.    Issue administrative regulations for the submission and review of applications subject to the requirements of this title and Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

E.    Review applications for permits and licenses for conformance with this title 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.

F.    Review applications for discretionary permits and approvals under this title for conformance with applicable submission requirements and time limits.

G.    Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the City’s environmental review requirements and notify the applicant if any additional information is necessary to conduct the review.

H.    Process and make recommendations to the City Council on all applications, amendments, appeals and other matters upon which the Council has the authority and the duty to act under this title.

I.    Process and make recommendations to the Planning Commission on all applications, appeals and other matters upon which the Commission has the authority and the duty to act under this title.

J.    Conduct design review pursuant to Chapter 18.29, Design Review.

K.    Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

L.    Approve, conditionally approve, modify or deny requests for tree removal, pursuant to Section 18.18.070(C), Tree Removal Permit.

M.    Approve, conditionally approve, modify or deny requests for waivers to dimensional requirements, pursuant to Chapter 18.33, Waivers.

N.    Negotiate the components and provisions of development agreements for recommendation to the City Council.

O.    Serve as staff of the Planning Commission and Residential Design Review Committee.

P.    Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the City has initiated revocation procedures.

Q.    Delegate administrative functions as he/she so deems to members of the Planning Division.

R.    Appoint a Zoning Administrator pursuant to Section 18.26.060, Zoning Administrator.

S.    Other duties and powers as may be assigned by the City Council or established by legislation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.26.060 Zoning Administrator.

The Zoning Administrator is a City staff member appointed by the Director with the following powers and duties:

A.    Hear and decide applications for minor use permits, modifications to conditions of approved minor use permits, and time extensions of use permits, pursuant to Chapter 18.30, Use Permits.

B.    Approve, conditionally approve, modify or deny applications for temporary use permits, pursuant to Chapter 18.31, Temporary Use Permits.

C.    Hear and decide requests for minor modifications to approved permits, pursuant to Section 18.27.130, Modification of approved plans.

D.    Refer items to the Planning Commission where, in his opinion, the public interest would be better served by a Planning Commission public hearing and action.

E.    Other duties and powers as may be assigned by the Director. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.26.070 Summary of review authorities for decisions and appeals.

TABLE 18.26.070: REVIEW AUTHORITY

Application or Action

Found in Chapter

Advisory Body

Decision-Maker

Appeal Body

Type One: Ministerial Actions

Zoning Clearance

18.28

N/A

Director

Planning Commission

Interpretations

18.27

N/A

Director

Planning Commission

Minor Changes to an Approved Permit

18.27

N/A

Zoning Administrator

Planning Commission

Type Two: Discretionary Quasi-Judicial Actions

Tree Removal

18.18

N/A

Director

Planning Commission

Waiver from Dimensional Standards

18.33

N/A

Director

Planning Commission

Permit Modifications, Major

18.27

Zoning Administrator

Review Authority of Original Permit

City Council

Permit Revocation

18.27

Planning Commission

City Council

Superior Court

Temporary Use Permits

18.31

N/A

Zoning Administrator

Planning Commission

Design Review

18.29

N/A

Director, Residential Design Review Committee, or Planning Commission

Planning Commission or City Council

Minor Use Permits

18.30

N/A

Zoning Administrator

Planning Commission

Conditional Use Permits

18.30

Director

Planning Commission

City Council

Variances

18.32

Director

Planning Commission

City Council

Type Three: Discretionary Legislative Actions

General Plan Text and Map Amendments

18.34

Planning Commission

City Council

Superior Court

Zoning Ordinance and Map Amendments

18.35

Planning Commission

City Council

Superior Court

Planned Development Districts

18.36

Planning Commission

City Council

Superior Court

Development Agreements

18.37

Director

City Council

Superior Court

Prezoning

18.38

Planning Commission

City Council

Superior Court

(Ord. 1438 § 4 (Exh. A (part)), 2011)