Porterville Municipal Code Art. 600 Planning Agency

This article identifies the bodies, officials, and administrators, with designated responsibilities under various parts and articles of this chapter. Subsequent articles of this series 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 chapter as minimum requirements adopted to implement the policies and achieve the objectives of the general plan. (Ord. 1801, 12-3-2013)

The city council has the following powers and duties under this chapter:

A. Initiate, consider and adopt, reject or modify amendments to the general plan pursuant to the provisions of article 607, "Amendments To General Plan", of this series;

B. Initiate, consider and adopt, reject or modify amendments to the text of this chapter pursuant to the provisions of article 608, "Amendments To Zoning Map And Text", of this series and the state Government Code;

C. Approve, conditionally approve, modify or deny conditional use permits and variances pursuant to the provisions of articles 604, "Conditional Use Permits", and 606, "Variances", of this series;

D. Approve, conditionally approve, or deny tentative subdivision maps pursuant to the provisions of article 402, "Tentative Maps", of this chapter;

E. Hear and decide appeals from decisions of the zoning administrator on temporary use permits, minor modifications of approved conditional use permits, administrative approvals, environmental review, and any other permits that can be appealed pursuant to the provisions of article 612, "Appeals", of this series and other applicable requirements;

F. Hear and decide appeals from decisions of the parcel map committee on tentative parcel maps pursuant to the provisions of article 612, "Appeals", of this series and other applicable requirements;

G. Enter into development agreements with property owners pursuant to the provisions of article 609, "Development Agreements", of this series and the state Government Code;

H. Establish, by resolution, a schedule of fees and deposits for the various applications and services provided pursuant to this chapter;

I. Initiate proceedings to revoke or amend conditional use permits pursuant to the provisions of article 613, "Enforcement", of this series; and

J. Determine which incentives the city should grant to developers proposing projects that are eligible for such incentives under this chapter and the provisions of state law applicable to affordable housing and childcare facilities. (Ord. 1801, 12-3-2013)

The zoning administrator is the community development director or his designated appointee. The zoning administrator has the following powers and duties under this chapter:

A. Provide professional recommendations to the city council, other appointed officials and city management on matters related to the planning and development of the community;

B. Administer the provisions of the California environmental quality act (CEQA) and the national environmental policy act (NEPA);

C. Approve, conditionally approve, modify, or deny applications reviewed by the project review and parcel map committees;

D. On behalf of the city execute indemnification and cost recovery agreement for projects requiring discretionary permits and/or those evaluated under the provisions of CEQA and NEPA;

E. Hear and decide applications for temporary use permits, minor modifications of approved conditional use permits, and administrative approvals subject to appeal to the city council;

F. Hear and decide applications for adjustments pursuant to provisions of article 610, "Adjustments", of this series;

G. Make determinations of zoning conformance pursuant to article 602, "Zoning Conformance Review", of this series;

H. Make environmental determinations on any approvals it grants that are subject to environmental review under the California environmental quality act and the procedures in article 611, "Environmental Review", of this series;

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

J. Issue administrative regulations for the submission and review of applications;

K. Administratively approve or deny a use or occupancy where authority to do so is provided for in this chapter;

L. Make determinations of uncertainty of boundaries on the official zoning map pursuant to subsection 101.02B of this chapter;

M. Determine whether a legally approved permit has lapsed due to lack of implementation or an extension as provided for in subsections 601.08A, "Expiration", and B, "Extensions", of this series; and

N. Act as the environmental coordinator in administering the provisions of the California environmental quality act. (Ord. 1801, 12-3-2013)

The project review committee consists of the zoning administrator, city planner, city engineer, chief building official, and fire chief or their designees. The project review committee shall review development proposals for the following projects through the project review process:

A. All new or additions of five hundred (500) square feet or more to commercial or industrial structures;

B. Multi-family residential developments of four (4) or more units or consisting of two (2) or more structures;

C. A change of occupancy as deemed necessary by the Chief Building Official, or where the new occupant is in a different use classification than the former occupant;

D. Any project that requires a discretionary approval, including, but not limited to, conditional use permits, variances, zoning change, general plan amendment, subdivision, and annexation; and

E. Preliminary review of a map application.

(Ord. 1801, 12-3-2013; amd. Ord. 1881, 4-6-2021)

The parcel map committee shall review and approve, conditionally approve or disapprove subdivision maps for tentative parcel maps as defined in article 402, "Tentative Maps", of this chapter, unless other related discretionary permits require approval by the city council. In this case, the parcel map committee actions will be in the form of a recommendation to the city council. The parcel map committee shall also make environmental determinations on any approvals it grants that are subject to environmental review under the California environmental quality act and the procedures in article 611, "Environmental Review", of this series. Said parcel map committee shall include the zoning administrator, city engineer and fire chief or their designees. The zoning administrator shall serve as committee chairman. (Ord. 1801, 12-3-2013)