Chapter 21.08 — PLANNING AUTHORITIES

A.

Purpose and Applicability. This chapter describes the authority and responsibilities of each review authority (city council, planning commission, development review committee, zoning administrator, and community development director) in the administration of this Title 21, including review and action on permits and other approvals required by this zoning code.

B.

Elevate Review. In compliance with any discretionary approval, each review authority may defer action and refer the request to the next higher review authority for the final decision.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Review Authority on Specified Planning Matters. The city council shall be the review authority for all legislative actions and shall make final decisions as indicated in Table 21.08.070-1 (Review Authority) and as follows, including action on related California Environmental Quality Act (CEQA) environmental documents, following a public hearing and recommended action by the planning commission:

Development Agreements. Consider and adopt, reject, or modify development agreements pursuant to Chapter 21.12 (Development Agreements).

General Plan and Zoning Text/Map Amendments. Consider and adopt, reject, or modify proposed amendments to the general plan (map or text), zoning code, and zoning map pursuant to Chapter 21.10 (Amendments to the General Plan, Zoning Code, and Zoning Map).

Specific Plans and Amendments. Consider and adopt, reject, or modify specific plans or amendments to specific plans (and related master development plans (Section 21.16.030), as applicable) pursuant to Chapter 21.14 (Specific Plans).

Historic Preservation. Consider and adopt, reject, or modify the historic resources inventory and historic preservation districts pursuant to Chapter 21.62 (Historic Preservation).

Historic Certificate of Appropriateness for Landmark Properties. Consider and adopt, reject, or modify applications for proposed alterations to a building, structure, object, or site on a state or federal historic registry, or state historic resources inventory (with a California Historic Resource Status Code of 1-5) pursuant to Chapter 21.62 (Historic Preservation).

Demolition of Historic Resources. Review and approve, conditionally approve, or deny applications for the demolition of historic resources pursuant to Chapter 21.62 (Historic Preservation).

Special Planned Developments. Review and approve, conditionally approve, or deny applications for Special Planned Developments (and related Master Development Plans (Section 21.16.030), as applicable) pursuant to Chapter 21.11 (Special Planned Developments).

Development Plans Including Modifications for Height (Habitable Space). Review and approve, conditionally approve, or deny applications for development plans pursuant to Section 21.16.020 (Development Plan Modifications) that include habitable space above maximum height limits.

Oak Tree Removals. Review and approve, conditionally approve, or deny applications for oak tree removal permits pursuant to Chapter 10.01 (Oak Tree Preservation).

Subdivisions. Review and approve, conditionally approve, or deny applications for final maps pursuant to Title 22 (Subdivisions).

Street Abandonments. Review and approve, conditionally approve, or deny applications for street abandonments, consistent with Streets and Highways Code Sections 8300—8363.

B.

Appeals. The city council shall hear and decide appeals of planning commission decisions pursuant to Chapter 21.25 (Appeals and Calls for Review).

C.

Imposition of Conditions. In making decisions on applications, the city council may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The planning commission shall be established as set forth in Chapter 2.20 (Planning Commission) of the Municipal Code.

B.

General Duties and Functions. The planning commission shall perform the duties and have all of the rights, powers, and privileges specified and provided for in the Municipal Code or by state law. The functions of the planning commission, while not inclusive, shall be to formulate and recommend policies and standards for development of land uses and to perform authorized duties related to development review and as indicated in Subsection C. below, and to perform other functions as the city council may direct.

C.

Review Authority on Specified Planning Matters. Except when combined with legislative actions or other specified city council matters, the planning commission shall be the review authority and make final decisions, including action on related California Environmental Quality Act (CEQA) environmental documents, for the quasi-judicial permits and actions as indicated in Table 21.08.070-1 (Review Authority) and this section, following a public hearing in compliance with Chapter 21.26 (Public Hearings and Notice).

Conditional Use Permits. Review and approve, conditionally approve, or deny applications for conditional use permits pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

Master Development Plans. Review and approve, conditionally approve, or deny applications for master development plans not approved concurrently with a specific plan or special planned development pursuant to Section 21.16.030 (Master Development Plans).

Development Plans. Review and approve, conditionally approve, or deny applications for development plans pursuant to Chapter 21.16 (Development Plans).

Development Plan Modifications. Review and approve, conditionally approve, or deny applications for modifications associated with development plans pursuant to Section 21.16.020 (Development Plan Modifications), except those under city council purview per Section 21.16.020(B) (Allowed Modifications by City Council).

Site Plans Subject to CEQA. Review and approve, conditionally approve, or deny applications for a site plan (Chapter 21.17) when a project is not exempt from CEQA.

Historic Certificate of Appropriateness for Local Historic Resources. Consider and adopt, reject, or modify applications for proposed alterations to a building, structure, object, or site listed on the Paso Robles Historic Resources Inventory pursuant to Chapter 21.62 (Historic Preservation).

Variances. Review and approve, conditionally approve, or deny applications for variances pursuant to Chapter 21.22 (Variances).

Subdivisions. Review and approve, conditionally approve, or deny applications for tentative tract maps and tentative parcel maps pursuant to Title 22 (Subdivisions).

Permit Revocation. Hear and decide proposals to revoke land use and development permits pursuant to Section

Recommendations. Make recommendations to the city council on final legislative decisions including development agreements and amendments, general plan amendments, specific plans and amendments, zoning code amendments, zoning map amendments, related CEQA environmental documents, street abandonments, and other applicable policy or regulatory matters related to the city's planning process.

Annual Review and Legislative Recommendations. Annually review progress towards implementation of the general plan prior to city council review, annually review the capital improvement program of the city for consistencies with the general plan, and from time to time make recommendations to the city council based on any new legislation, development trends, or changing economic, social, and environmental conditions.

D.

Appeals.

The planning commission shall hear and decide appeals of the development review committee, zoning administrator, and director decisions pursuant to Chapter 21.25 (Appeals and Calls for Review).

Decisions by the planning commission may be appealed to the city council in compliance with Chapter 21.25 (Appeals and Calls for Review).

E.

Imposition of Conditions. In making decisions on applications, the planning commission may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Establishment. The development review committee shall be established to review the site, architectural, and landscaping design of new development and improvements of development applications, provide applicants with appropriate design comments, and make recommendations to the planning commission to implement the general plan.

B.

Composition. The development review committee shall be composed of three members of the planning commission; the director shall establish a rotating schedule for all commissioners to serve equal time on the development review committee throughout each calendar year.

C.

Meetings. The development review committee shall hold regularly scheduled meetings open to the public at dates, times, and places determined and posted by the director.

D.

Review Authority on Specified Planning Matters. Except when combined with legislative actions, the development review committee shall be the review authority and make final decisions as indicated in Table 21.08.070-1 (Review Authority) and this section:

Site Plans. Review and approve, conditionally approve, or deny applications for site plans pursuant to Chapter 21.17 (Site Plans).

Site Plan Modifications. Review and approve, conditionally approve, or deny applications for modifications associated with site plans pursuant to Section 21.17.020 (Site Plan Modifications).

Sign Permits. Review and approve, conditionally approve, or deny applications for sign permits pursuant to Chapter

A.

Establishment. The office of zoning administrator is created pursuant to Section 65900 et seq. of the California Government Code. The purpose of the zoning administration process is to enable routine applications to be acted upon in a less costly, more expeditious manner while still providing full notification of and participation in the zoning review process.

B.

Appointment and Delegation. The zoning administrator shall be either the community development director or, as delegated, another employee of the city. When the zoning administrator is other than the community development director, that person shall be directly responsible to the community development director while acting in the capacity of zoning administrator. The zoning administrator may delegate his/her responsibilities to department staff under the supervision of the director, including the ability to approve or deny applications.

C.

Review Authority on Specified Planning Matters. The zoning administrator shall be the review authority and make final decisions, including action on related California Environmental Quality Act (CEQA) environmental documents for the permits and actions as indicated in Table 21.08.070-1 (Review Authority) and this section:

Administrative Use Permits. Review and approve, conditionally approve, or deny applications for administrative use permits pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits).

Business Licenses. Review all new business license applications received by the city under Title 5 of the Municipal Code. Application review shall include a review of the location of business as related to the zoning code. If the review finds the application conforms to the existing zoning regulations, the zoning administrator shall sign the application for processing. If the zoning administrator finds the application to be in violation of any section of Title 21, the zoning administrator shall inform the applicant of the potential violation and remedies, if any, under this title.

CEQA Determinations. The zoning administrator shall be the review authority and make final decisions on California Environmental Quality Act (CEQA) environmental documents for projects not requiring a public hearing as permitted by the Paso Robles CEQA Guidelines.

Historic Certificate of No Effect. Review and approve, conditionally approve, or deny applications for historic certificates of no effect pursuant to Chapter 21.62 (Historic Preservation).

Home Occupation Permits. Review and approve, conditionally approve, or deny applications for home occupation permits pursuant to Chapter 21.21 (Home Occupation Permits).

Plot Plans. Review and approve, conditionally approve, or deny applications for plot plans pursuant to Chapter 21.18 (Plot Plans).

Reasonable Accommodations. Review and approve, conditionally approve, or deny applications for reasonable accommodations pursuant to Chapter 21.27 (Reasonable Accommodations).

Short-Term Rental Permit. Review and approve, conditionally approve, or deny applications for short-term rental permits pursuant to Chapter 21.64 (Short-Term Rentals).

Sign Permits. Review and approve, conditionally approve, or deny applications for sign permits for signs covered under an existing sign program and not visible from the public right-of-way and other public vantage points pursuant to Chapter 21.52 (Signs).

Subdivisions. Review and approve, conditionally approve, or deny applications for lot line adjustments and lot mergers. See Title 22 (Subdivisions).

Temporary Use Permits. Review and approve, conditionally approve, or deny applications for temporary uses pursuant to Chapter 21.20 (Temporary Use Permits).

Other. Perform other responsibilities that involve a public hearing as assigned by the city council, planning commission, city manager, or community development director.

D.

Appeals. Decisions by the zoning administrator may be appealed in compliance with Chapter 21.25 (Appeals and Calls for Review). Decisions on plot plans (Chapter 21.18) and sign permits (Chapter 21.52) may be appealed to the development review committee. All other decisions may be appealed to the planning commission.

E.

Imposition of Conditions. In making decisions on applications, the zoning administrator may impose conditions as necessary to make required findings to implement the general plan, any applicable specific plans, and the Municipal Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Appointment. The community development director, referred to in this zoning code as the director, shall be appointed by the city manager.

B.

General Authority. The director shall be responsible for performing all of the functions designated by state law and this title and shall perform other responsibilities directed by the city council, planning commission, or city manager.

C.

Administration and Interpretations. The director shall be responsible for the administration of the regulations and provisions of this Title 21 (Zoning Code), including interpretations and determination on the meaning or applicability of the regulations contained in this zoning code that are believed to be in error or are unclear, as outlined in Chapter

Table 21.08.070-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this zoning code.

Table 21.08.070-1: Review Authority

Review Authority Applicable

Type of Action Code Development Director/Zoning Planning City Section Review Administrator Commission Council Committee

Legislative Actions

General plan amendment 21.10 Review — Recommend Decision

Zoning map amendment 21.10 Review — Recommend Decision

Zoning code amendment 21.10 Review — Recommend Decision

Special planned development 21.11 Review Recommend Recommend Decision

City Manager

Development agreement 21.12 — Recommend Decision Review

Specific plan and specific plan amendment 21.14 Review Recommend Recommend Decision

Planning Permits and Approvals: Quasi-Judicial and Administrative/Ministerial Actions

Development Review

  Master development plan 21.16.030 Review Recommend Decision Appeal

  Development plan 21.16.010 Review Recommend Decision Appeal

  Development plan modifications 21.16.020 Review Recommend Decision Appeal

  Development plan modifications - Height (habitable space) 21.16.020 Review Recommend Recommend Decision

  Site plan 21.17.010 Review Decision Appeal Appeal

  Site plan modifications 21.17.020 Review Decision Appeal Appeal

  Plot plan 21.18 Decision Appeal Appeal Appeal

Variance 21.22 Review Recommend Decision Appeal

Use Permits

  Administrative use permit 21.19 Decision — Appeal Appeal

  Conditional use permit 21.19 Review Recommend Decision Appeal

  Temporary use permit 21.20 Decision — Appeal Appeal

Other Permits

  Home occupation permit 21.21 Decision — Appeal Appeal

  Reasonable accommodation 21.27 Decision — Appeal Appeal

Historic Resources

  Designate local historical resources 21.62 Review Recommend Recommend Decision

  Historic certificate of appropriateness for historic landmarks 21.62 Review Recommend Recommend Decision

  Historic certificate of appropriateness for local historic resources 21.62 Review Recommend Decision Appeal

  Historic certificate of no effect 21.62 Decision — Appeal Appeal

  Demolition of historic resources 21.62 Review Recommend Recommend Decision

Oak Tree Removal

  Oak tree removal permit 10.01.030 Review — — Decision

Short-term rental permit 21.64 Decision — Appeal Appeal

Sign Permit 21.52 Review Decision Appeal Appeal

Sign permits under a sign program or not visible from PROW 21.52 Decision Appeal Appeal Appeal

Subdivisions

  Tentative tract maps and tentative parcel maps Title 22 Review Recommend Decision Appeal

  Final maps Title 22 Review Recommend Recommend Decision

  Lot line adjustments Title 22 Decision — Appeal Appeal

21.08.020.

Street abandonments Review — Recommend Decision A

Notes:

(1)

"Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; and "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 21.25 (Appeals and Calls for Review).

(2)

See Section 21.15.080 (Post Decision Procedures) regarding development review committee review of certain development plan and site plan details for final approval.

(3)

For any discretionary action or permit, the review authority may defer action and refer the request to the next higher review authority for the final decision in compliance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A land use on property that complies with the permit requirement or exemption provisions of this zoning code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this ZONING CODE shall eliminate the need to obtain any permits required by any other Municipal Code provisions or any applicable county, regional, state, or federal regulations.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The building official shall not issue any building permit for the construction of any building, structure, facility, or alteration, the construction of which or the proposed use of which would constitute a violation of this title.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)