Chapter 23.104 — Approval Authority

The purpose of this chapter is to establish the administrative responsibilities of the zoning code and to identify the basic responsibilities of the officials and bodies charged with its administration. This chapter describes which review body makes the final decision on various types of planning and land use entitlement applications. The zoning code uses a combination of nondiscretionary

and discretionary reviews to evaluate land use proposals for compliance with the use and development requirements of this code. The nondiscretionary reviews provide the certainty needed in most situations by providing clear and objective criteria. Discretionary reviews provide needed flexibility by allowing more subjective criteria and by providing for the modification of regulations in response to specific site conditions.

(Ord. 27-2008 § 1 (Exh. A § 1.2.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))

California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the planning and land use functions of the jurisdiction. The functions of the planning agency are assigned as designated by this code. In the absence of an assignment, the council shall retain responsibility and authority to function as the planning agency.

(Ord. 27-2008 § 1 (Exh. A § 1.2.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))

• A. Approval Types. The zoning code establishes which planning body recommends, makes final determinations, and hears appeals for each planning and land use entitlement request. This approval authority is determined by the type of approval required for each planning and land use entitlement. The approval types are as follows:

  1. Nondiscretionary Administrative. Decisions do not require interpretation or exercise of policy or legal judgment in evaluating approval criteria because the decision is made according to specific criteria where no discretion is involved. Permits may be issued over the counter by staff. The director is the approval authority for nondiscretionary actions. The action of the director is not subject to appeal.

  2. Limited Discretion. Approval or denial is based on discretionary standards that regulate the physical characteristics of a use or structure. Decisions must be consistent with the adopted criteria. Notice of decision is required with opportunity to request public hearing. The action of the director may be appealed to the council.

  3. Discretionary (Quasi-Judicial). Decisions involve the application of discretionary approval standards to site-specific applications. The director makes recommendations to the council or planning commission for final decisions with specific findings. A public hearing is required. Decisions of the planning commission can be appealed pursuant to RCMC § 23.110.160 . Decisions of the council are not subject to appeal.

  4. Discretionary (Legislative). Decisions must be made by the city council. Legislative land use decisions apply to the general population and prescribe policy, requiring the greatest amount of discretion and evaluation of subjective approval criteria. City council is the approval authority for legislative land use permits. The director and/or planning commission makes recommendations to the city council. Generally, a recommendation is requested from staff and/or another recommending body on legislative entitlements. A public hearing is required, and these decisions cannot be appealed.

• B. Public Hearings Required. Table 23.104-1 identifies the type of public hearing required by entitlement.

(1) Notice of decision is required with the opportunity to request a public hearing. If no public hearing is requested, decision is rendered and notice of decision provided in accordance with Chapter 23.110 RCMC (Application Processing).

(2) See RCMC § 23.113.090 .

(Ord. 27-2008 § 1 (Exh. A § 1.2.030); Ord. 12-2011 § 3 (Exh. A); Ord. 13-2013 § 4 (Exh. B); Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))

The director may refer any entitlement with limited discretion for which the director is the final approval authority to the planning commission or council for action.

• A. Referral. The director may refer any item to planning commission or council for consideration. The director may refer an item with or without making a final determination or a recommendation for action.

• B. Planning Commission or Council Review. The planning commission or council shall review the referred item at a noticed meeting and take one of the following actions:

  1. Refer the item back to the director for review and final action. Referral back to the director does not preclude the item being appealed or being called up by council following final action.

  2. Cause the item to be scheduled at the next regularly scheduled council meeting, allowing for public hearing notice.

• C. Public Hearing Required. A public hearing shall be required for all items referred to and accepted by the planning commission or council for action in accordance with the following:

  1. Public Hearing Notice. A notice for public hearing shall be provided for in accordance with RCMC § 23.110.120 (Notice of public hearing).

  2. Public Hearing Procedure. A public hearing shall be held in accordance with RCMC § 23.110.130 (Public hearing procedures).

• (Ord. 4-2017 § 3 (Exh. B); Ord. 17-2021 § 3 (Exh. A); Ord. 22-2021 § 3 (Exh. A); Ord. 15-2022 § 4 (Exh. A))