East Palo Alto Municipal Code Ch. 18.104 Administrative Responsibility

The purpose of this chapter is to describe the authority and responsibilities of the City Council, Planning Commission, Director of Community and Economic Development and the Planning Division in the administration of the Development Code.

(Ord. No. 02-2022, § 5, 5-3-2022)

The Planning Division staff function as the Planning Agency, when so required by provisions of the Government Code. The Planning Commission is the Advisory Agency, in compliance with Government Code Section 65101.

(Ord. No. 02-2022, § 5, 5-3-2022)

A. Appointment. The Director of Community and Economic Development 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 the Development Code, 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 the Commission for consideration and final action;

4. Perform other responsibilities assigned by the City Manager, Commission or Council; 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, and to further the public health, safety and general welfare of the community.

(Ord. No. 02-2022, § 5, 5-3-2022)

A. Establishment. The Planning Commission, referred to in the Development Code as the Commission, is designated in Municipal Code Chapter 2.48 and consists of five members appointed by the Council.

B. Duties and Authority. The Commission performs the duties and functions prescribed in Municipal Code Chapter 2.48 and the 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 and the Director's and Department staff's determinations; and

3. The recommendation to the Council on legislative matters, 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.

C. 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, and to further the public health, safety and general welfare of the community.

D. Meeting Rules. The Commission shall conduct public hearings and meetings in compliance with standard procedures and the requirements of state law.

The City Council shall perform the duties and functions prescribed in the Development Code, which include all of 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. 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, and to further the public health, safety and general welfare of the community.

D. Meeting Rules. The Commission shall conduct public hearings and meetings in compliance with standard procedures and the requirements of state law.

Subject Matter Experts. If, during the processing of a development application it becomes necessary to hire a subject matter expert, the report shall be prepared under the authority of the City. If an applicant submits a technical report, it shall be third party reviewed, at the applicant's expense, by a firm of the City's choosing.