El Cerrito Municipal Code Ch. 19.31 Planning Agency

The purpose of this Chapter is to identify the bodies, officials, and administrators, with designated responsibilities under various parts and chapters of the El Cerrito Zoning Ordinance. Subsequent chapters of Part V provide detailed information regarding various procedures, applications, and permits including Zoning and General Plan text and map amendments, fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Zoning Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.

(Ord. 2008-2 Div. II (part), 2008.)

The City Council has the following powers and duties under this Zoning Ordinance:

A. To consider and adopt, reject or modify amendments to the General Plan as recommended by the Planning Commission, pursuant to this code, this title, and of the State, following a public hearing.

B. To consider and adopt, reject or modify amendments to the Zoning Map or Ordinance as recommended by the Planning Commission, pursuant to the provisions of Chapter 19.40, Amendments to Zoning Map and Text and the State Planning and Zoning Law, following a public hearing.

C. To hear and decide appeals from decisions of the Planning Commission on Use Permits, Variances, and any other permits that can be appealed pursuant to the provisions of Chapter 19.39, Appeals, and other applicable requirements.

D. To hear and decide appeals on environmental determinations by the Zoning Administrator or the Planning Commission as provided for in the California Environmental Quality Act.

(Ord. 2008-2 Div. II (part), 2008.)

A. The Planning Commission has the following powers and duties under this Zoning Ordinance: Initiate, review, and recommend to the City Council amendments to the General Plan, Zoning Ordinance and Zoning Map.

B. Approve, conditionally approve, amend or deny Use Permits and Variances pursuant to the provisions of Chapters 19.34, Use Permits, 19.36, Variances, and 19.37, Waivers and Exceptions.

C. Approve, conditionally approve, amend, or deny design review applications when the Planning Commission decides appeals of decisions by the Design Review Board pursuant to Chapter 19.39, Appeals.

D. Initiate proceedings to revoke Use Permits, Variances, or other zoning permits pursuant to the provisions of Chapter 19.32, and all other enforcement provisions of this title.

E. Hear and decide appeals from decisions of the Zoning Administrator in the enforcement of this Zoning Ordinance and any other decisions that are subject to appeal pursuant to the procedures in Chapter 19.39, Appeals.

F. Hold public hearings and make recommendations to the City Council about development agreements, pursuant to the provisions in Chapter 19.41, Development Agreements.

G. Make environmental determinations on any approvals it grants that are subject to the California Environmental Quality Act and the City of El Cerrito's adopted environmental review guidelines, pursuant to the provisions of Chapter 19.42, Environmental Review.

H. Determine which incentives the City should grant to development projects that are eligible for such incentives under this Zoning Ordinance, and/or the provisions of State law applicable to affordable housing.

I. Other duties and powers as assigned by the City Council.

(Ord. 2008-2 Div. II (part), 2008.)

A. The Design Review Board has the following power and duties under this Zoning Ordinance: Approve, conditionally approve, or deny applications for design review pursuant to Chapter 19.38, Design Review.

B. Hear and decide appeals from administrative design review decisions of the Zoning Administrator pursuant to the procedures in Chapter 19.32, Common Procedures, and Chapter 19.39, Appeals.

C. Upon request by the Planning Commission, the City Council, or any other City Board or Commission, make recommendations on matters related to design of projects that are within its purview.

(Ord. 2008-2 Div. II (part), 2008.)

The Community Development Director is a City staff member designated by the City Manager to oversee administration of the Community Development Department. The Community Development Director has the following powers and duties pursuant to this Zoning Ordinance:

A. Provide professional recommendations to the City Council, Planning Commission, Design Review Board, other appointed officials and City management on matters related to the planning and development of the community.

B. Act as or appoint a Zoning Administrator pursuant to Section 19.31.060.

C. Serve as or designate a member of the Planning Department staff to serve as Executive Secretary of the Planning Commission and Design Review Board.

D. Investigate and make reports on violations of permit terms and conditions when the City has initiated revocation procedures.

(Ord. 2008-2 Div. II (part), 2008.)

The Zoning Administrator is the Community Development Director or a City staff member appointed by the Community Development Director to manage administration of the Planning Department. The Zoning Administrator and/or designee has the following powers and duties:

A. Interpret the Zoning Ordinance to members of the public and to other City Departments.

B. Issue written regulations for the administration of this Zoning Ordinance.

C. Process, review, and make recommendations to the Planning Commission on applications for:

1. Amendments to the General Plan text or map; or

2. Amendments to Zoning Ordinance text or map.

D. Review applications to determine if they are complete and shall be accepted for processing under the requirements of this Zoning Ordinance per approval of the Zoning Administrator.

E. Subject to appeal as specified in this Zoning Ordinance and State law, administer environmental review requirements pursuant to the California Environmental Quality Act and the City's adopted environmental review guidelines including:

1. Determine whether applications are exempt from environmental review;

2. Propose project revisions and conditions to mitigate environmental impacts;

3. Determine whether applications shall require the preparation of an environmental impact report; and

4. Approve Negative Declarations and Mitigated Negative Declarations for actions that do not require Planning Commission review pursuant to this Zoning Ordinance.

F. Review, approve, conditionally approve, or deny applications for Administrative Use Permits.

G. Approve amendments to Administrative Use Permits, Conditional Use Permits and Design Review approvals and other types of approvals as provided for in Chapter 19.32, Common Procedures.

H. Review, approve, conditionally approve, or deny applications for signs that do not require action by the Design Review Board or Planning Commission.

I. Process and make recommendations to the Planning Commission on all applications, appeals and other matters upon which the Commission has the authority and the duty to act under the provisions of this Zoning Ordinance.

J. Refer to the Planning Commission for action any application for Administrative Use Permit, Administrative Variance, Temporary Use, Waiver, Exception, Zoning Clearance, or amendment pursuant to the provisions of this Part of the Zoning Ordinance.

K. Make determinations regarding design review and make recommendations on applications for design review.

L. Perform administrative design review, including the approval of minor amendments to approved plans, pursuant to Chapter 19.38, Design Review of this Zoning Ordinance.

M. Grant waivers and exceptions from the provisions of this Zoning Ordinance as provided for in Chapter 19.37, Waivers and Exceptions.

N. Determine whether applications would require a zoning change or amendment to the General Plan.

O. Make determinations of zoning conformance pursuant to Chapter 19.33, Zoning Conformance Review.

P. Make written interpretations of the Zoning Ordinance, verifications of zoning regulations, verifications related to previous permits, and other matters related to the application and interpretation of the Zoning Ordinance.

Q. Make recommendations to the Design Review Board and Planning Commission on guidelines for conducting design review.

R. Provide public notice as required for Zoning Administrator, Planning Commission and Design Review Board hearings.

S. Provide public notice of preliminary design plans for single-family construction and require the erection of story poles if deemed appropriate pursuant to Chapter 19.32, Common Procedures.

(Ord. 2008-2 Div. II (part), 2008.)

This section designates the City Building Official as the official responsible for enforcing zoning regulations pertaining to the construction and alteration of buildings and structures.

The City Building Official has the following duties under this Zoning Ordinance:

A. Enforcing the provisions of the Zoning Ordinance, including conducting inspections and issuing warrants and citations as provided for by State law and the Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)