Morro Bay Municipal Code Ch. 17.35 Planning Authorities

The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of this title. Subsequent chapters of this division provide detailed information on procedures, applications, and permits, including zoning and general plan text and map amendments, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the general plan and local coastal plan.

(Ord. No. 662, § 2, 12-13-23)

The powers and duties of the city council under this title include, but are not limited to, the following:

A. Consider and act on amendments to the general plan, zoning code, zoning map, and local coastal program, and environmental documents related to any of the foregoing following a public hearing and recommended action by the planning commission.

B. Hear and decide applications for development agreements.

C. Hear and decide appeals from decisions of the planning commission.

D. Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this title.

(Ord. No. 662, § 2, 12-13-23)

The powers and duties of the planning commission under this title include, but are not limited to the following:

A. Annually review progress towards implementation of the general plan and recommend to the city council changes needed due to new legislation, development trends and changing economic, social, and environmental conditions.

B. Make recommendations to the city council on proposed amendments to the general plan, zoning code, zoning map, and local coastal program, and environmental documents related to any of the foregoing following a public hearing.

C. Make recommendations to the city council on development agreements.

D. Approve, conditionally approve, or deny conditional use permits, coastal development permits, and variances.

E. Hear and decide on revisions to approved conditional use permits and variances, pursuant to Section 17.36.120, Revision of Approved Plans and Permits.

F. Conduct design review on certain projects and approvals it grants pursuant to Chapter 17.38, Designe Review.

G. Hear and decide on proposed revocations of permits.

H. Hear and decide appeals from decisions of the director.

I. Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act.

J. Such other duties and powers as assigned or directed by the city council.

(Ord. No. 662, § 2, 12-13-23)

The following powers and duties of the community development director (the "director") under this title include, but are not limited to the following:

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

1. Prepare an annual report related to implementation of the general plan in compliance with Government Code Section 65400;

2. Review of public works projects for conformity to the general plan in compliance with Government Code Section 65401; and

3. Review of acquisition of property for conformity to the general plan in compliance with Government Code Section 65402.

B. Maintain and administer the zoning code, including processing of applications, abatements and other enforcement actions.

C. Prepare and effect rules and procedures necessary or convenient for the conduct of the director's business. These rules and procedures must be as approved by a resolution of the city council following review and recommendation of the planning commission. They may include the administrative details of hearings officiated by the director (e.g., scheduling, rules of procedure and recordkeeping).

D. Interpret the zoning code to members of the public and to other city departments.

E. Issue administrative regulations for the submission and review of applications subject to the requirements of this title and Government Code Section 65950, deadlines for project approval conformance; extensions.

F. Review applications for permits and licenses for conformance with this title and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

G. Review applications for discretionary permits and approvals under this title for conformance with applicable submission requirements and time limits.

H. Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the city's environmental review requirements and notify the applicant if any additional information is necessary to conduct the review.

I. Determine level of coastal review pursuant to Chapter 17.39, Coastal Development Permits (IP).

J. Hear and decide requests for minor revisions to approved permits, pursuant to Section 17.36.120, Revision of Approved Plans and Permits.

K. Process and make recommendations to the city council on all applications, amendments, appeals and other matters upon which the council has the authority and the duty to act under this title.

L. 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 this title.

M. Approve, conditionally approve, or deny minor use permits pursuant to the provisions of Chapter 17.40, Use Permits, and coastal development permits pursuant to the provisions of Chapter 17.39, Coastal Development Permits (IP).

N. Approve, conditionally approve, or deny requests for modifications to dimensional requirements and requests for reasonable accommodation, pursuant to Chapter 17.42, Modifications, and Chapter 17.43, Reasonable Accommodation.

O. Conduct design review pursuant to Chapter 17.38, Designe Review.

P. Review and decide on temporary use permits pursuant to Chapter 17.41, Temporary Use Permits.

Q. Negotiate the components and provisions of development agreements for recommendation to the city council.

R. Investigate and make reports to the planning commission on violations of permit terms and conditions when the city has initiated revocation procedures.

S. Refer items to the planning commission where, in his/her opinion, the public interest would be better served by a planning commission public hearing and action.

T. Delegate the responsibilities of the director to department staff under the supervision of the director.

U. Other duties and powers as may be assigned by the city council or established by legislation.

(Ord. No. 662, § 2, 12-13-23)