Chapter 17.12
PLANNING AGENCY
Sections:
17.12.030 Powers and duties of the zoning administrator.
17.12.040 Powers and duties of the community development director.
17.12.010 Composition.
Under Section 65100 et seq. of the Government Code, the planning agency of the city consists of the following members:
A. City council;
B. Planning commission;
C. Street and trees commission;
D. Parks and community services commission;
E. Economic development commission;
F. Zoning administrator;
G. Community development director. (Ord. 97-03 § 2 (part): prior code § 8-1.41)
17.12.020 Powers and duties of the city council, planning commission, street and trees commission, parks and community services commission, and economic development commission.
The city council, planning commission, street and trees commission, parks and community services commission, and economic development commission shall perform the duties and functions of their respective bodies as described in Title 2 of the Municipal Code, and as otherwise specifically noted in the zoning ordinance. (Ord. 97-03 § 2 (part): prior code § 8-1.4101)
17.12.030 Powers and duties of the zoning administrator.
A. Office Created.
The office of the zoning administrator is established pursuant to Section 65900 of the Government Code of the state.
B. Appointment——Staff.
1. The community development director is appointed as the zoning administrator to perform the duties and exercise the authority as set forth in this section.
2. The zoning administrator is authorized to delegate to the appropriate members of the staff of the community development department the powers and duties of the zoning administrator as set forth in this section.
3. The office of the zoning administrator shall be located in the offices of the community development department.
4. The community development and building department shall provide professional and clerical staff to the office of the zoning administrator as are required for the performance of the duties of the office as specified in this section.
C. Authority—Duties.
1. Pursuant to California Government Code Section 65901, the powers and duties of the zoning administrator shall be as follows:
a. To approve such permits, and authorize such modifications as are set forth in this section. The zoning administrator shall issue no permit nor authorize any modification or other entitlement authorized by this section unless it is found that the permit or modification is consistent with all applicable provisions of the city general plan, and the overall purpose and intent of this title;
b. To provide such public notice as is required by the State Planning Law or this title prior to issuing any such permit or granting such modification. The zoning administrator shall report all projects considered and decisions made, on a regular basis, to the planning commission;
c. To provide such additional notice as is appropriate, at the discretion of the zoning administrator;
d. To conduct public hearings and convene and preside over meetings which are authorized or required by State Planning Law, this section, or other federal, state or city laws or regulations, or when public hearings are appropriate, at the discretion of the zoning administrator, due to public interests in a project. When, in the opinion of the zoning administrator, there is significant public interest in a project, or the decision on a project involves policy considerations which should be reviewed by the planning commission, the zoning administrator may elect to refer the case, with or without a recommendation, to the planning commission which shall apply the standards set forth in this title, as well as other applicable statutes, titles, rules and regulations, in making any such decision. Any public testimony or comments regarding the matter taken during the zoning administrator hearing, shall be documented within the report submitted to the planning commission, so that a full record of all testimony is available to the planning commission in making any decision. No development permit which requires a zoning administrator action may be issued until the planning commission has been advised of the decision and the appropriate appeal period has lapsed;
e. To perform all tasks and exercise such authority as necessarily implied as a consequence of the duties and powers specifically set forth in this section, or required to comply with any provision of United States or California law or ordinance of the city;
f. To do such environmental assessment pursuant to the California Environmental Quality Act, as amended, as is necessary for consideration of projects as defined, therein, when the exercise of authority vested by this section in the zoning administrator results in consideration of a project as defined by the California Environmental Quality Act;
g. To adopt and publish rules and procedures necessary or convenient for the conduct of the business of the zoning administrator and consistent with this title and applicable federal, state and city laws and regulations. The rules shall provide that the effective date of all decisions of the zoning administrator shall be no sooner than the next regularly scheduled meeting of the planning commission, but in no event less than ten (10) days from the date of the decision.
2. If the planning commission determines to review any such decision pursuant to this section, the zoning administrator shall inform all interested parties that the decision is to be reviewed de novo, at the date and time set for such review, and advise them that the planning commission has jurisdiction to sustain, modify or overrule the subject decision, and that the zoning administrators decision shall vest no rights in any person.
D. Projects Subject to Zoning Administrator Review.
1. Minor Modifications and Extensions of Time of Planned Developments.
a. The zoning administrator may approve minor modifications of the detailed development plans or detailed development standards as well as time extensions in planned development (PD) overlay zones.
b. Findings. Such minor modifications may be approved only if consistent with required findings in Section 17.48.110. Time extensions may be approved if consistent with required findings in Section 17.48.100.
2. Home Occupations.
a. Approval Authorized. The zoning administrator may approve applications for home occupations in residential (R) zones.
b. Findings. A home occupation shall be approved only if it is found to comply with the provisions of this section and Section 17.60.080. No public hearing shall be required, although notice of the application shall be provided to all contiguous property owners.
3. Review and Approval of Projects Exempt from California Environmental Quality Act (CEQA).
a. Approval Authorized. The zoning administrator may review and approve projects (other than ministerial projects) which are exempt from CEQA. However, the zoning administrator may refer projects involving substantial development, such as large additions to existing structures, to the planning commission for review and approval.
b. Findings. Such projects shall be approved only if found to comply in all respects with the provisions of this title.
4. Lot Splits on Parcels Less than One-Half Acre in Size.
a. Approval Authorized. The zoning administrator may review and approve lot splits on parcels less than one-half acre in size.
b. Findings. Such lot splits shall be approved only if found to comply in all respects with provisions of this title, applicable criteria of the city’s subdivision regulations, environmental law and the State Subdivision Map Act.
5. Use Permits and Variances.
a. Approval Authorized. The zoning administrator may approve use permit and variance applications for certain projects as specified elsewhere in this title.
b. Findings. Use permit and variance applications shall only be approved if found to comply with the provisions of this section and with the required findings for approval of use permit and variance applications specified in Chapters 17.20 and 17.24, respectively.
6. Temporary Activity Permits.
a. Approval Authorized. The zoning administrator may approve temporary activity permits for certain activities as specified in this title. The zoning administrator shall determine the appropriate level of noticing, if any, required for each application.
b. Findings. A temporary activity permit shall only be approved if found to comply in all respects with the provisions of this section and with the required findings in Chapter 17.32.
7. Exotic Animals.
a. Approval Authorized. The zoning administrator may approve a permit for the keeping of exotic animals. While no public hearing is required, notice of the application shall be provided to all contiguous property owners.
b. Findings. The application may only be approved if the applicant can demonstrate that the keeping of such animal(s) will not create a general nuisance (such as excessive noise or odor) or pose a safety hazard to the general neighborhood, and that appropriate approvals from regulatory state and/or federal agencies are first obtained.
8. Expansion of Nonconforming Structures.
a. Approval Authorized. The zoning administrator may approve the expansion of nonconforming structures. While no public hearing is required, notice of the application shall be provided to all contiguous property owners.
b. Findings. The application may only be approved subject to compliance with this section and Chapter 17.104.
9. Sign Permit Review.
a. Approved Authorized. The zoning administrator may approve certain sign permits pursuant to Chapter 17.80.
b. Findings. The application may only be approved subject to compliance with this section and Section 17.80.080(D).
10. Vacation Rentals.
a. Approval Authorized. The zoning administrator may approve a vacation rental permit for a “hosted” vacation rental. While no public hearing is required, notice of the application shall be provided to all property owners located with one hundred (100) feet of the proposed vacation rental.
b. Findings. The application may only be approved subject to compliance with this section and Chapter 17.54.
E. Public Notices and Hearings.
Public hearings shall be held by the zoning administrator for projects subject to his or her review unless otherwise specified in this title.
This section is intended to confer upon the zoning administrator the authority to provide whatever type of notice and conduct whatever type of meeting is required by the applicable law, and shall not be deemed to limit the authority of the zoning administrator to give public notice or to conduct public hearings.
All such notices shall indicate the time, date, and place of the hearing in which the zoning administrator intends to make a determination, and shall be served in the manner required by applicable state law and which is appropriate in the discretion of the zoning administrator, no later than ten (10) calendar days prior to the date of the hearing.
The notice shall state that all persons are invited to attend the hearing and present evidence regarding the proposed action, or submit written comments if the person is unable to attend, and that failure to do so may limit ability to appeal any decisions made at such hearing.
F. Conditions of Approval.
1. The zoning administrator may impose conditions on the approval of any permit or entitlement granted pursuant to this section in order to find compliance of the use with applicable requirements of this title, or federal, state or city law or regulations, or to provide mitigation of environmental impacts caused by the use. The conditions shall be in writing.
a. Appeals. Any aggrieved party may appeal any decision by the zoning administrator to the city planning commission.
b. Review by planning commission. The planning commission may review, on its own motion or motion of the zoning administrator, any decision made by the zoning administrator. The review shall be conducted as an appeal pursuant to the provisions of Section 17.16.070. Any public testimony or comment received during the zoning administrator hearing shall be included as part of the public record submitted to the planning commission for consideration in their decision.
c. Review by city council. A decision of the planning commission is appealable to the city council as provided in Section 2.48.020 of the Winters Municipal Code. The action of the planning commission to approve or disapprove any project which has been appealed to it shall constitute approval or disapproval by the city pursuant to California Code Section 65950. If the action of the planning commission is appealed to the city council, the appeal shall stay the effective date of the city’s approval, and shall set the time limits identified in the section.
G. Violations.
Violations of the terms or conditions of any permit or entitlements issued by the zoning administrator pursuant to this section shall constitute a violation of this title, and shall be punishable and enforced as set forth in Chapter 17.40. (Ord. 2019-02 § 3(a); Ord. 97-03 § 2 (part): prior code § 8-1.4102)
17.12.040 Powers and duties of the community development director.
The community development director shall, under direction of the city manager, administer and enforce the provisions and standards of the zoning ordinance, and shall perform specific duties as noted within this title. (Ord. 97-03 § 2 (part): prior code § 8-1.4103)