Chapter 17.40 — PLANNING AUTHORITY

The Planning Agency for the City of Orinda has several integral components. (Ord. 99-5 § 2 Exh. A (part))

The City Council sets land use planning policy, adopts and amends the general plan, and enacts general zoning and planning legislation, including zoning maps, (legislative function). It also hears appeals of Planning Commission decisions on specific applications (quasi-adjudicative function). (Ord. 99-5 § 2 Exh. A (part))

The Planning Commission recommends policies, amendments of the general plan, and planning regulations to the City Council. The Planning Commission hears appeals of Zoning Administrator's decisions and makes the final determination on all permits required in this title except for those specifically allocated to the Zoning Administrator under Section 17.40.4. (Ord. 99-5 § 2 Exh. A (part))

Except when a permit or approval listed below is related to a project for which Planning Commission review is required, the Zoning Administrator is authorized by the provisions of this title to make final determinations and impose conditions related to such determinations on applications for the following types of permits and approvals: A. Design review (Chapter 17.30). 1. A residential addition that meets either subsections A.1.a. or b. of this section: a. The floor area of the addition is under one thousand five hundred (1,500) square feet; or b.

The floor area of the resulting structure is: i. Less than one hundred twenty-five (125) percent of the average floor area in the neighborhood or, if the lot on which the structure is located is less than the average lot size in the neighborhood, the lot area/floor area ratio of the resulting structure is less than one hundred twenty-five (125) percent of lot area/floor area ratio in the neighborhood; and ii. The maximum floor area of the resulting home does not exceed three thousand (3,000) square feet; and iii. No new nonconformity will be created and no existing nonconformity will be increased. 2. A renovation involving a change in a door or window, if design review is requested under Subsection 17.30.3.A.6. of this title. 3. An attic or basement conversion and design review is requested under Subsection 17.30.3.A.8. of this title. B. Elevated decks (Section 17.35.3). C. Tree permits (Section 17.21.3). D. Lot line adjustments (Section 17.20.3), and certain voluntary mergers (Section 17.20.7). E. Sign permits (Section 17.18.12). F. Commercial use permits (Subsection 17.8.5.D.). G. Temporary events (Chapter 17.37). H.

Certain wireless communications facilities (Subsection 17.34.6.A.). I. Extensions for permits and approvals (Section 17.44.3 and Title 16, Subdivisions). J. Large family day care (Section 17.3.6). K. Exceptions and variances for projects not otherwise subject to Planning Commission review. L. Reasonable accommodations (Section 17.46.4). The Zoning Administrator may refer a matter to the Planning Commission when, in the discretion of the Zoning Administrator, it is determined that the public interest would be served. (Ord. 07-07 § 14; Ord. 07-02 § 5: Ord. 05-07 § 10: Ord. 05-01 § 4: Ord. 04-06 § 5: Ord. 02-03 § 28: Ord. 99- 5 § 2 Exh. A (part)) (Ord. No. 10-10, § 2(exh. A), 1-4-11; Ord. No. 13-03, § 2(Att. A), 12-17-13)

The Planning Director is the senior executive manager of the Planning Department. The Planning Director advises the City Council, the Planning Commission, and the City Manager and serves as Zoning Administrator for the quasi-adjudicative functions listed immediately above. The term "Zoning Administrator" includes delegates. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

The City Engineer processes subdivision applications in conjunction with the Planning Director and consults with the Planning Director on other engineering matters related to planning, zoning and planning applications. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

The staff members of the Planning Department process applications for improvement projects regulated by the Orinda Municipal Code and answer inquiries from the general public. Staff members also provide general information to the public. From time to time, the staff members of the Planning Department suggest policies, general plan and zoning amendments, and regulations for consideration by the other components of the planning agency. Certain staff members advise the City Council, the Planning Commission and the Zoning Administrator concerning specific issues.

(Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))