Chapter 19.96 — NONCONFORMING USES›Article 8 — DEVELOPMENT CODE ADMINISTRATION
§ 19.140
Duarte Zoning Code · 2026-06 edition · updated 2026-07-25 · Duarte
19.140.010 - Purpose. ¶
The purpose of this Chapter is to describe the authority and responsibilities of the City Council, Planning Commission, Architectural Review Board, Director of Community Development, Community Development Department, and Community Development Department Staff in the administration of this Development Code.
19.140.020 - Planning agency. ¶
The Planning Commission, the Director of Community Development, and the Community Development Department Staff shall function as the Planning Agency and as the Advisory Agency, when so required or authorized, in compliance with Government Code Section 65100.
19.140.030 - City council. ¶
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 this Development Code, which include the following:
A.
Review authority on specified legislative planning matters. Final legislative decisions on development agreements and amendments, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or Development Code matters related to the City's planning process.
B.
Appeals. The review of appeals filed from Commission decisions.
C.
Compliance. The above-listed functions shall be performed in compliance with Table 5-1 (Subdivision Review Authorities), Table 7-1 (Review Authority), Table 7-2 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA).
D.
Imposition of conditions. In making decisions on applications, the Council may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety and general welfare of the community.
19.140.040 - Planning commission. ¶
A.
Establishment. The Planning Commission, referred to in this Development Code as the Commission, is established in compliance with Municipal Code Section 2.20.010 (Commission Created).
B.
Appointment. The Commission shall consist of five members who shall be appointed by the Council in compliance with Municipal Code Section 2.20.040 (Members and Terms).
C.
Duties and authority. The Commission shall perform the duties and functions prescribed by Municipal Code Section 2.20.030 (Duties and Functions) 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 and ARB;
2.
The review of appeals from the Director's and ARB's decisions and the Director's and Department Staff's determinations;
3.
The recommendation, to the Council for final legislative decisions, on development agreements and amendments, Development Code amendments, General Plan amendments, specific plans and amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or regulatory matters related to the City's planning process; and
4.
The above-listed functions shall be performed in compliance with Table 5-1 (Subdivision Review Authorities), Table 7-1 (Review Authority), Table 7-2 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA).
D.
Imposition of conditions. In making decisions on applications, the Commission may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety and general welfare of the community.
E.
Meeting rules. The Commission shall conduct public hearings and meetings in compliance with Municipal Code Section 2.20.020 (Meetings—Regulations—Records) and Chapter 19.146 (Public Notices and Hearings).
19.140.050 - Architectural review board. ¶
A.
Architectural Review Board created. The Architectural Review Board, referred to in this Development Code as the ARB, is established and composed of the City Manager, the Director of Community Development, and the City Engineer, and a public member per Subsection 1 below, whose duties and authority shall be as established by Subsection B below.
1.
The public member shall be a resident of the City and have experience in architecture, engineering, landscape architecture, or a similar design-related field, and shall be appointed by the City Council to serve a term of two years that shall start on July 1 in even-numbered years.
B.
Duties and authority. The ARB:
1.
Shall perform the duties and functions prescribed in this Development Code, including the review of all development projects subject to Site Plan and Design Review (Chapter 19.122), in compliance with Table 7- 2 (Review Authority for Site Plan and Design Review) and the California Environmental Quality Act (CEQA);
2.
Shall perform other responsibilities assigned by the Council or Commission; and
3.
May delegate the responsibilities of the ARB to the Director on a case-by-case basis.
C.
Imposition of conditions. In making decisions on applications, the ARB may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, and the Municipal Code standards that apply to development; and to further the public health, safety and general welfare of the community.
(Ord. No. 863, § 1, 4-26-2016)
19.140.060 - Director.
A.
Appointment. The Director of Community Development, or the Director's designee, referred to in this Development Code as the Director, shall be appointed by the City Manager.
B.
Duties and authority. The Director shall:
1.
Have the responsibility to perform all of the functions designated by State law;
2.
Perform the duties and functions prescribed in this Development Code, including Table 5-1 (Subdivision Review Authorities), Table 7-1 (Review Authority), Table 7-2 (Review Authority for Site Plan and Design Review), Government Code Section 65901 et seq., and the California Environmental Quality Act (CEQA).
3.
Have the authority to defer action on an application and refer the request to either the ARB (for Site Plan and Design Review) or the Commission for consideration and final action;
4.
Perform other responsibilities assigned by the Council, Commission, or City Manager; and
5.
Delegate the responsibilities of the Director to Department Staff under the supervision of the Director.
C.
Imposition of conditions. In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety and general welfare of the community.
Chapter 19.142 - AMENDMENTS (DEVELOPMENT CODE, GENERAL PLAN, AND ZONING MAP)
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