Berkeley Municipal Code Ch. 23.402 Administrative Responsibility

This chapter describes City roles and responsibilities when administrating the Zoning Ordinance. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Summary Table. Table 23.402-1 summarizes the review and decision-making authority when processing permit applications and other requested approvals.

B. Meaning of Notations. Authority roles as noted in Table 23.402-1 mean the following:

1. "Evaluate" means the Department presents to the review authority an evaluation of the application as provided in Section 23.404.030.D (Project Evaluation and Staff Report).

2. "Recommend" means the authority reviews and makes a recommendation to a higher decision-making body.

3. "Decision" means the authority has the power to approve, conditionally approve, or deny an application.

4. "Appeal" means the authority has the power to hear an appeal of a decision by a lower review authority.

5. "--" means the authority role has no role in the application.

Table 23.402-1. REVIEW AND DECISION-MAKING AUTHORITY

Note:

[1]Landmarks Preservation Commission conducts Design Review for projects that involve landmarks, structures of merit or buildings within a historic district. Design Review Committee conducts design review for all other projects that are subject to design review.

[2]Either the Zoning Officer or Zoning Adjustments Board takes action on reasonable accommodation applications as described in Section 23.406.090.C.

[3]A permit shall be modified by the review authority which originally approved the permit.

[4]A ZAB recommendation to deny or modify a permit, or to abate a nuisance, shall be deemed a final decision if the permit holder, or property owner in the case of a public nuisance, consents to the recommendation within 10 days after the recommendation is made. In such a case, there shall be no City Council review and action on the matter.

C. Multiple Permit Applications. For projects that include multiple permits, see 23.404.020.F--Application Submittal (Multiple Permit Applications). (Ord. 7787-NS § 2 (Exh. A), 2021)

The Planning and Development Department:

A. Makes recommendations on requested permits and approvals as shown in Table 23.402-1: Review and Decision-Making Authority.

B. Processes permit applications as provided in 23.404--Common Permit Requirements;

C. Assumes responsibilities delegated by the Planning and Development Director and Zoning Officer; and

D. Performs other duties as necessary to administer the Zoning Ordinance. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Established. The City Manager shall designate a Planning and Development Department employee to act as the Zoning Officer.

B. Responsibilities and Duties.

1. The Zoning Officer:

(a) Acts as the Secretary to the Zoning Adjustments Board (ZAB) and the Design Review Committee (DRC);

(b) Determines if land uses, structures, and activities conform with the Zoning Ordinance;

(c) Serves as the review authority on applications as shown in Table 23.402-1: Review and Decision-Making Authority;

(d) Has the authority to interpret the meaning and applicability of the Zoning Ordinance;

(e) Enforces the Zoning Ordinance in accordance with Chapter 23.414--Nuisance Abatement;

(f) Issues administrative regulations and procedures for the administration of the Zoning Ordinance;

(g) Refers persons to a conflict resolution or mediation service in accordance with Section 23.404.050.J--Public Hearings and Decisions (Use of Conflict Resolution and Mediation Service);

(h) Requests legal opinions from the City Attorney on legal questions regarding pending applications; and

(i) Performs other duties to administer the Zoning Ordinance as assigned by the City Council.

2. The Zoning Officer may designate one or more Planning and Development Department staff to perform the duties described in Paragraph (1) above.

C. Duties as Secretary to ZAB and DRC. As Secretary to the ZAB and DRC, the Zoning Officer or the Zoning Officer’s designee shall:

1. Present to the ZAB and DRC applications for permits and other requested approvals;

2. Prepare staff reports on applications;

3. Advise the ZAB and DRC on the meaning and applicability of the Zoning Ordinance; and

4. Transmit to the City Attorney requests for legal opinions on pending applications. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Responsibilities and Powers. As provided in Municipal Code Chapter 3.24 (Landmarks Preservation Commission), the LPC shall serve as the review authority for Structural Alteration Permits for designated landmarks, structures of merit, and buildings within a historic district.

1. Municipal Code Chapter 3.24 identifies the responsibilities and powers of the Landmarks Preservation Commission.

2. Design Review. The Landmarks Preservation Commission (LPC) shall consider Design Review applications for projects that involve landmarks, structures of merit, or buildings within a historic district. The LPC shall either approve, modify, or deny such applications in accordance with Section 23.406.070--Design Review. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Established. The City shall establish and maintain a Design Review Committee (DRC) to review and approve the design of development projects in accordance with Section 23.406.070--Design Review.

B. Composition.

1. The DRC shall consist of seven members, as follows:

(a) Two members of the Zoning Adjustments Board (ZAB).

(b) One member of the Landmarks Preservation Commission (LPC).

(c) One member of the Civic Arts Commission (CAC).

(d) Three members of the public who are Berkeley residents.

2. DRC members from boards and commissions shall be appointed by their respective bodies, and members of the public shall be appointed by the ZAB.

3. DRC membership shall include at least two-licensed architects, one licensed landscape architect, and two laypersons (persons who are neither a planning or design professional nor an expert in the fields of land use planning, architecture, or landscape architecture).

4. The DRC shall elect a chairperson and vice chairperson.

C. Responsibilities and Powers.

1. The DRC shall consider applications for Design Review and either approve, modify, or deny such applications in accordance with Section 23.406.070 (Design Review).

2. The DRC may make a recommendation on other matters upon request by the ZAB, Planning Commission, City Council, or other City boards or commissions. DRC recommendations shall be limited to the subject areas of its expertise.

D. Procedures. The DRC shall adopt rules of procedure and shall keep a record of its proceedings. A majority of the appointed members shall constitute a quorum. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Established. The City shall establish and maintain a Zoning Adjustments Board (ZAB) to administer the Zoning Ordinance as described in this section.

B. Composition.

1. The ZAB shall consist of nine members appointed by the City Council in accordance with Municipal Code Chapter 2.04 (City Council).

2. The ZAB shall elect a chairperson and vice chairperson.

C. Responsibilities and Powers.

1. The ZAB:

(a) Serves as the review authority on applications as shown in Table 23.402-1: Review and Decision-Making Authority;

(b) Hears appeals on decisions in accordance with Chapter 23.410--Appeals and Certifications;

(c) Modifies previously approved Use Permits and Variances in accordance with Section 23.404.070--Permit Modifications;

(d) Revokes Use Permits and Variances in accordance with Section 23.404.080--Permit Revocation;

(e) Recommends actions to enforce the zoning ordinance, including to abate a public nuisance in accordance with Chapter 23.414--Nuisance Abatement;

(f) Refers persons to a conflict resolution or mediation service in accordance with Section 23.404.050.J (Use of Conflict Resolution and Mediation Service);

(g) Makes recommendations on other matters as requested by the City Council, Planning Commission, or any other City Board or Commission; and

(h) Adopts administrative regulations and procedures for the administration of the Zoning Ordinance.

2. The City Council may assign additional responsibilities to the ZAB as needed in the administration of the Zoning Ordinance.

D. Procedures. The ZAB shall adopt rules of procedure and keep a record of its proceedings. A majority of the appointed members constitutes a quorum. (Ord. 7787-NS § 2 (Exh. A), 2021)

The Planning Commission:

A. Recommends to the City Council amendments to the Zoning Ordinance in accordance with Chapter 23.412 (Zoning Ordinance Amendments);

B. Approves revisions to Design Review guidelines and standards as provided in Section 23.406.070 (Design Review); and

C. Performs other duties as provided in Municipal Code Chapter 3.28 (Planning Commission). (Ord. 7787-NS § 2 (Exh. A), 2021)

The City Council:

A. Takes action on proposed Zoning Ordinance amendments in accordance with Chapter 23.412 (Zoning Ordinance Amendments);

B. Hears appeals on and certifies decisions in accordance with Chapter 23.410 (Appeals and Certifications); and

C. Assumes other responsibilities and take actions on other matters related to the Zoning Ordinance in accordance with the Municipal Code and state and federal laws. (Ord. 7787-NS § 2 (Exh. A), 2021)