Chapter 27.06 — ADMINISTRATION

There shall be three approval bodies for planning applications:

(a) Zoning Administrator. The Director of Community Development, or designee, shall be Zoning Administrator, and the Department of Community Development shall be the office of the Zoning Administrator. The Zoning Administrator shall possess the powers and duties as described in this chapter.

(b) Planning Commission. The Planning Commission shall be organized according to Section 2.24.010 and shall possess the powers and duties described in this Title in addition to those contained in Section 2.24.030.

(c) City Council. The City Council shall consider planning applications in the manner described in this Title.

(d) Each approval body shall adopt rules for holding meetings and conducting business. The rules adopted by the Zoning Administrator shall be subject to the approval of the Planning Commission.

(Ord. No. 1991-12 § 43; Ord. No. 1989-18 § 18; Ord. No. 1987-11 § 1; Ord. No. 1978-18 § 59; Ord. No. 1973-36 § 1; Ord. No. 1972-22 § 1; Ord. No. 1969-18 § 1; prior code §§ 140.01, 152.01(A), 152.01(B).)

Cross References

Section 27.66.030(a)

The Zoning Administrator shall enforce the provisions of this Title, and shall:

(a) Conduct such inspections of buildings, structures, and use of land as are necessary to determine compliance with the terms of this Title;

(b) Establish, with the approval of the Council, and administer rules for the conduct of the Zoning Administrator's office;

(c) Maintain permanent and current records of documents and proceedings under this Title;

(d) Provide and maintain a continuing program of education and public information on zoning matters;

(e) Recommend abatement of violations of this Title and aid in prosecution thereof;

(f) Receive, file, and transmit to the appropriate approval body all planning applications and all appeals which the designated approval body is authorized to review or to take final action upon under the provisions of this Title;

(g) Interpret provisions of the zoning ordinance, subject to appeal of the decision to the Planning Commission;

(h) Have the authority to review and approve, conditionally approve, or disapprove the following types of projects, provided that the projects do not result in any significant impacts pursuant to the California Environmental Quality Act (CEQA), subject to public notice and to appeal of the final action to the Planning Commission:

(1) Site plan and architectural review for projects that incorporate:

(A) Up to ninety-nine (99) residential dwelling units that meet objective design standards as adopted by resolution of the City Council; or

(B) Up to five (5) residential dwelling units that do not meet objective design standards as adopted by resolution of the City Council; or

(C) Up to 10,000 square feet of non- residential development; or

(D) Other minor site improvements including but not limited to parking lots, landscaping, recreation facilities, accessory structures, recycling collection areas, circular driveways in R1, R2 districts;

(E) Fences over seven (7) feet and those over three (3) feet when located in a front yard and/or street side yard setback or within forty-five (45) feet of a street intersection line, authorized by Chapter 27.84.

• (F) Freestanding signs.

(2) Site development permits for removal of major vegetation required for the construction of projects that require Zoning Administrator review and approval, or grading of five thousand (5,000) cubic yards or less under Chapter 23.40.

(3) Variances as authorized by Chapter 27.78, for single-family, accessory dwelling units, duplex dwellings, or residential projects with up to six (6) residential dwelling units.

(4) Temporary use permits authorized by Chapter 27.74.

(5) Modifications authorized by Chapter 27.08.

(6) Special permits to allow the following:

(A) Recycling facilities subject to regulations established in Chapter 27.69;

(B) Plumbing in detached accessory buildings in the R-1 zone, as authorized under Chapter 27.18

(C) Substantial removal of existing residences in an R-1 zoning district;

(D) Temporary real estate sales offices, as authorized under Chapters 26.04 and

27.18;

(E) Swimming pools, hot tubs, and spas located in required front or street side yards, as authorized under Chapter 27.18; and

(F) Additional floor area ratio in the R-3 District, as authorized under Chapter 27.22.

(7) Concurrent development of two or more contiguous lots or parcels of real property in R-1 and R-2 districts.

(8) Parcel Maps without exceptions as authorized by Title 26 (Subdivision).

(9) Single-Family Dwelling Design Review (SFDDR) Applications.

(10) City projects that meet the following criteria:

(A) The project was conceptually approved as part of, or approved concurrent with, a Master Plan, program document, or project planning document that is in effect and has been previously approved by the City Council; and

(B) The project does not propose major changes from previous City Council approval;

and

(C) The project would not result in a significant environmental impact pursuant to the California Environmental Quality Act (CEQA).

(i) Notwithstanding the above, the Zoning Administrator may refer the application to the Planning Commission for hearing and action when it is unclear whether the necessary findings for project approval can be made.

(Ord. No. 2025-03 § 14; Ord. No. 2023-12 § 2; Ord. No. 2023-3 § 4; Ord. No. 2017-5 § 2; Ord. No. 2003-12 § 1; Ord. No. 2001-36 § 3; Ord. No. 2001-33 § 4; Ord. No. 2000-2 § 2; Ord. No. 1994-18 § 4; Ord. No. 1993-11 § 4; Ord. No. 1992-8 § 6; Ord. No. 1991-16 § 3; Ord. No. 199112 § 44; Ord. No. 1987-30 § 4; Ord. No. 1987-11 § 1; Ord. No. 1985-17 § 15; Ord. No. 1981-27 § 20; Ord. No. 1978-18 § 58; prior code § 152.01(A)(1).)

Cross References

Section 27.06.040(a)(2)

Section 27.64.070

The Board shall review and provide recommendations on all planning applications.

(a) The Commission shall review and take final action, subject to appeal to the Council, upon all applications for:

(1) Appeals from the decisions of the Zoning Administrator;

(2) Special use permits other than for high rise buildings, or those identified under Section 27.06.020(h)(6);

(3) Site Plan and Architectural Review for projects that incorporate:

(A) One hundred (100) or more residential dwelling units that meet objective design standards as adopted by resolution of the City Council; or

(B) Six (6) or more residential dwelling units that do not meet objective design standards as adopted by resolution of the City Council; or

(C) Over 10,000 square feet of non-residential development.

(4) Site Development Planning Applications involving grading of more than five thousand (5,000) cubic yards under Section 23.40;

(5) Tentative Maps and Parcel Maps with exceptions under Title 26 (Subdivisions);

(6) Applications which are accompanied by environmental impact reports, other than reclassifications, planned developments, special use permits for high rise buildings, and general plan amendments;

(7) Release of conditions or easements recorded by the City under Section 27.08.045.

(8) Modifications under Section 27.08.080(b).

(9) Variances as authorized in Section 27.78.040 for planning applications for structures other than single-family and duplex.

(10) Planned signing districts and freestanding signs over eight (8) feet in height.

(b) The Commission shall review and make recommendations to the Council upon all applications for reclassifications, planned developments, site plan and architectural review for buildings exceeding 55 feet in height, General Plan amendments, projects which are fully or partially funded by the City and otherwise require Planning Commission review, and projects

which include as part of the site any parcel of land which is in whole or in part subject to the tidelands trust provisions of State law.

(c) The Commission may, on its own initiative, recommend to the Council that proceedings be initiated for an amendment, supplement, change or repeal of the whole or any portion of this Title, provided that public hearings thereon shall be held in the manner prescribed in this Title. The Commission shall periodically initiate a comprehensive review of the provisions of this Title and make a report of its findings to the Council.

The Council shall take final action on:

• (a) Appeals from the decisions of the Planning Commission;

• (b) Reclassifications;

• (c) Planned Developments;

(d) Site Plan and Architectural Review for buildings that exceed the height limit in the General Plan;

• (e) General Plan Amendments;

• (f) Historic Building Survey Amendment;

• (g) Historic Building Demolition Permit;

(h) Every project which includes as part of the site any parcel of land which is in whole or in part subject to the tidelands trust provisions of State law;

• (i) Projects that are fully or partially funded by the City;

• (j) Downtown Economic Development Permit; and

(k) The initiation and enaction of ordinances, including interim zoning ordinances/moratoria, without having to file a planning application.

(Ord. No. 2025-05 § 4; Ord. No. 2023-3 § 5; Ord. No. 2009-7 § 7; Ord. No. 2001-19 § 2; Ord. No. 1996-1 § 2; Ord. No. 1993-21 § 2; Ord. No. 1991-18 § 39; Ord. No. 1987-11 § 1; Ord. No. 1986-14 § 1; Ord. No. 1985-17 § 17; Ord. No. 1982-4 § 1; Ord. No. 1978-18 § 63.)

Cross References

Section 27.62.210(a)

When a planning application is comprised of multiple development approval requests, including one or more which could be final with one approval body and one or more which could be final only with another approval body, the approval body with the superior level of authority shall consider and act upon the entire planning application. If any portion or all of a multiple development approval request is appealed, the entire planning application shall be considered upon appeal.

The City Council and Planning Commission shall each have the power to issue subpoenas for, and to require the attendance of witnesses, the production of records and documents and to administer oaths and certify to all official acts under this Title.

(a) Chapters 3 and 4 of Title 7 of the California Government Code, commencing with Section 65100  thereof, are incorporated into this Title and made a part hereof by this reference, with the following exceptions:

(1) Amendments to the general plan may be processed simultaneously with related zoning amendments and/or discretionary permits; and

(2) There shall be no limit on the number of times the general plan may be amended in a calendar year;

(3) No notice required to be published need be published in more than one issue of any newspaper;

(4) Procedures for the enactment of zoning ordinances, including interim zoning ordinances/moratoria, are not incorporated; and

(5) Government Code section 65863  is not incorporated by reference.

(b) In the event of conflicts now or in the future, between these provisions of the California Government Code  and City ordinances, resolutions, or Council policy, the latter shall prevail.

The Council may adopt by resolution from time to time a developer's contribution policy to be applied in zoning and land-use administration. New or changed developments often place an increased demand upon public facilities. When additional, new, or expanded public improvements are needed to support a new or changed land use or development, these improvements should be paid for on an equitable basis by the developer. New land-use projects should not require the expenditure of tax moneys to support the project development. The required improvements should be compatible and in continuity with adjacent, or tributary, public improvements. The land use or development, its users and the public, should receive legitimate benefits from the construction of new or upgraded public facilities.