§ 9108.01

The purpose of this Section is to describe the authority and responsibilities of the Council, Commission, Director, Architectural Review Board, Architectural Review Board Chairperson, Department, and Department staff in the administration of this Development Code.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

As provided by State law, the Commission is designated as the Planning Agency and as the Advisory Agency, when required or authorized. The Director shall perform the functions of an Advisory Agency, as assigned, in compliance with State Law.

The City Council, referred to in this Development Code as the Council, in matters related to the City's planning process shall perform the duties and functions prescribed in the Municipal Code and this Development Code, which include the following:

A.

Review Authority on Specified Planning Matters. Final decisions on development agreements, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, environmental documents related to any of the forgoing, and other applicable policy or regulatory matters related to the City's planning process as specified in the City Charter, the Municipal Code, and this Development Code;

B.

Appeals. The review of appeals filed from Commission decisions; and

C.

Compliance. The above listed functions shall be performed in compliance with Table 7-1 (Review Authority), Division 7 (Permit Processing Procedures), and the California Environmental Quality Act (CEQA).

9108.01.040 - Planning Commission.

A.

Establishment. The Planning Commission, referred to in this Development Code as the Commission, is hereby established.

B.

Appointment. The Commission shall consist of five members who shall be appointed by the Council in compliance with Municipal Code Part 5 (Planning Commission) Division 1, and Section 2251 (Membership).

C.

Duties and Authority. The Commission shall perform the duties and functions prescribed by the Municipal Code and this Development Code, and the Council may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State Law, including the following:

1.

The review of development projects, including referrals from the Director;

2.

The review of appeals from the Director's decisions;

3.

The recommendation, to the Council for final decisions, on development agreements, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, environmental documents related to any of the forgoing, and other applicable policy or regulatory matters related to the City's planning process as specified in the City Charter, the Municipal Code, and this Development Code; and

4.

The above listed functions shall be performed in compliance with Table 7-1 (Review Authority), Division 7 (Permit Processing Procedures), and the California Environmental Quality Act (CEQA).

D.

Meeting Rules. The Commission shall conduct public hearings and meetings in compliance with the Municipal Code Part 5 and Section 9108.13 (Public Notice and Hearings).

A.

Appointment. The Development Services Department Director, referred to in this Development Code as the Director, shall be appointed by the City Manager.

B.

Definition of the Term "Director." When used in this Development Code or any permit or condition approved in compliance with this Development Code, the term "Director" shall be as follows and as defined in Division 9 (Definitions): "The Development Services Department Director, referred to in this Development Code as the 'Director' or designee(s) of the Director."

C.

Duties and Authority. The Director shall:

1.

Have the responsibility to perform all of the functions designated by State law, including, but not limited to the following:

a.

Annual report related to implementation of the General Plan in compliance with Government Code Section 65400;

b.

Review of public works projects for conformity to the General Plan in compliance with Government Code Section 65401; and

c.

Review of acquisition of property for conformity to the General Plan in compliance with Government Code Section 65402.

2.

Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Table 7-1 (Review Authority), Division 7 (Permit Processing Procedures), Government Code Section 65901 et seq., and the California Environmental Quality Act (CEQA);

3.

Perform other responsibilities assigned by the Council, Commission, or City Manager;

4.

Delegate the responsibilities of the Director to Department staff under the supervision of the Director; and

5.

Serve in an advisory capacity for proposed subdivisions, in compliance with Subdivision Map Act Section 66415 et seq. In this capacity, the Director is charged with the responsibility of making investigations and reports on the design and improvement of proposed divisions of real property.

9108.01.060 - Homeowners Association Architectural Review Board.

A.

Appointment. The Homeowners Association Architectural Review Board, referred to in this Development Code as the Architectural Review Board or ARB, shall be selected in accordance with each Homeowners Association's adopted by-laws and any amendments on file with the City Clerk.

B.

Definition of the Term "Homeowners Association Architectural Review Board." When used in this Development Code or any permit or condition approved in this Development Code, the term "Homeowners Association Architectural Review Board" shall be as follows and as defined in Division 9 (Definitions): "The Homeowners Association Architectural Review Board, referred to in this Development Code as the 'Architectural Review Board' or 'ARB' consists of members appointed in accordance with the by-laws of each City-designated Homeowners Association. The ARB shall be maintained in accordance with City Council Resolution."

C.

Duties and Authority. The ARB shall:

1.

Perform the duties and functions prescribed by this Development Code and City Council Resolution;

2.

Provide recommendation to the Director for final decisions on Tree Permits, Administrative Modifications, and other applicable permits related to the City's planning process as specified in the City Charter, the Municipal Code, and this Development Code;

3.

Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Table 7-4 (Review Authority for Homeowner Association Areas), Division 7 (Permit Processing Procedures), City Council Resolution, Government Code Section 65901 et seq., and the California Environmental Quality Act (CEQA); and

4.

Perform other responsibilities assigned by the Council, Commission, City Manager, or Director.

D.

Meeting Rules. The ARB shall conduct public hearings and meetings in compliance with Section 9108.13 (Public Notice and Hearings).

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9108.01.070 - Homeowners Association Architectural Review Board Chairperson.

A.

Appointment. The Homeowners Association Architectural Review Board Chairperson, referred to in this Development Code as the ARB Chairperson, shall be selected in accordance with each Homeowners Association's adopted by-laws and any amendments on file with the City Clerk.

B.

Definition of the Term "Homeowners Association Architectural Review Board Chairperson." When used in this Development Code or any permit or condition approved in this Development Code, the term "Homeowners Association Architectural Review Board Chairperson" shall be as follows and as defined in Division 9 (Definitions): "The Homeowners Association Architectural Review Board Chairperson, referred to in this Development Code as the 'ARB Chairperson' or designee(s) of the ARB Chairperson" shall be appointed in accordance with the by-laws of each City-designated Homeowners Association."

C.

Duties and Authority. The ARB Chairperson shall:

1.

Perform the duties and functions prescribed by this Development Code, and City Council Resolution.

2.

Perform the duties and functions prescribed in this Development Code, including the review of administrative development projects, in compliance with Table 7-4 (Review Authority for Homeowner Association Areas), Division 7 (Permit Processing Procedures), City Council Resolution, Government Code Section 65901 et seq., and the California Environmental Quality Act (CEQA); and

3.

Perform other responsibilities assigned by the Council, Commission, City Manager, or Director.

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

Section 9108.03 - Amendments