Newark Municipal Code § 17.30.060 Summary of review authorities for decisions and appeals

The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the zoning ordinance. Subsequent chapters provide detailed information on procedures, applications, and permits. 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.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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

A. Consider and adopt, reject or modify amendments to the general plan map and text pursuant to the provisions of Chapter 17.38, Amendments to General Plan, and of the Government Code, following a public hearing and recommended action by the planning commission.

B. Consider and adopt amendments to the zoning map and to the text of this title pursuant to the provisions of Chapter 17.39, Amendments to Zoning Ordinance and Map, and the Government Code, following a public hearing and recommended action by the planning commission.

C. Adopt guidelines for design review pursuant to Chapter 17.34, Design Review.

D. Hear and decide applications for development agreements, pursuant to Chapter 17.40, Development Agreements.

E. Hear and decide appeals from decisions of the planning commission pursuant to Section 17.31.110, Appeals.

F. Call for review a decision of the director, zoning administrator, or planning commission pursuant to Section 17.31.100, Calls for Review.

G. Appoint and remove members of the planning commission as provided for in Title 2, Administration and Personnel, of the Newark Municipal Code.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The planning commission is established and organized pursuant to Chapter 2.12, Planning Commission, of the Newark Municipal Code and the requirements of the Government Code. The powers and duties of the planning commission under this title include, but are not limited to the following:

A. Conduct hearings and make recommendations to the city council on proposed amendments to the general plan map and text, pursuant to Chapter 17.38, Amendments to General Plan.

B. Conduct hearings, and make recommendations to the city council on proposed amendments to the zoning map and to the text of this title, pursuant to Chapter 17.39, Amendments to Zoning Ordinance and Map.

C. Approve, conditionally approve, modify, or deny conditional use permits and variances, pursuant to Chapter 17.35, Use Permits, and Chapter 17.36, Variances.

D. Hear and decide on modifications to approved conditional use permits and variances, pursuant to Section 17.31.140, Modification of Approved Plans.

E. Hear and decide proposals to revoke permits, pursuant to Section 17.31.150, Revocation of Permits, following a public hearing.

F. Hear and decide appeals from decisions of the community development director or the zoning administrator on decisions, determinations, or interpretations made in the enforcement of this title and any other decisions that are subject to appeal, pursuant to Section 17.31.110, Appeals.

G. Call for review a decision of the director or zoning administrator pursuant to Section 17.31.100, Calls for Review.

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

I. Prepare and recommend to the city council for adoption guidelines for conducting design review, pursuant to Chapter 17.34, Design Review.

J. Conduct design review on any approvals it grants that are subject to design review pursuant to Chapter 17.34, Design Review.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

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

A. Maintain and administer the zoning ordinance, including processing of applications, abatements and other enforcement actions.

B. Interpret the zoning ordinance to members of the public and to other city departments.

C. Prepare and effect rules and procedures necessary or convenient for the conduct of the director's business. These rules and procedures shall 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. 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.

E. 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.

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

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

H. 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.

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 this title.

J. Conduct design review pursuant to Chapter 17.34, Design Review.

K. Approve, conditionally approve, modify or deny applications for minor use permits, pursuant to Chapter 17.35, Use Permits.

L. 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.

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

N. Serve as staff of the planning commission.

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

P. Delegate administrative functions to members of the planning division as deemed necessary.

Q. Serve as or appoint a zoning administrator pursuant to Section 17.30.050, Zoning Administrator.

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

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The zoning administrator is a city staff member appointed by the director with the following powers and duties.

A. Approve, conditionally approve, modify or deny requests for waivers to dimensional requirements, pursuant to Chapter 17.37, Waivers.

B. Decide requests for minor modifications to approved permits, pursuant to Section 17.31.140, Modification of Approved Plans.

C. 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.

D. Other duties and powers as may be assigned by the director.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

TABLE 17.30.060: REVIEW AUTHORITY

(Ord. No. 503, § 1(Exh. A), 1-25-2018)