Chapter 18.140 — Administrative Responsibility — Santa Clara Zoning Code

Sections

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– Purpose – Planning Agency – City Council – Planning Commission – Community Development Director

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– Purpose

The purpose of this Chapter is to describe the authority and responsibilities of the City Council, Planning Commission, and Community Development Director in the administration of this Zoning Code.

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– Planning Agency

The Planning Commission and the Community Development Director shall function as the Planning Agency and as the Advisory Agency, when so required or authorized, in compliance with Government Code Section 65100.

– City Council

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The City Council, referred to in this Zoning Code as the Council, in matters related to the City's planning process shall perform the duties and functions prescribed in this SCCC Section 2.10.020 (Powers and Duties) and this Zoning Code, which include all of the following:

A. Review Authority on Specified Legislative Planning Matters. Final legislative decisions on development agreements and amendments, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or Zoning Code matters related to the City's planning process.
B. Appeals. The review of appeals filed from Planning Commission and the Community Development Director decisions in compliance with Chapter 18.144 (Appeals).
C. Compliance. The above-listed functions shall be performed in compliance with Table 6-1 (Review Authority), Chapter 17.05 (Subdivisions), and the California Environmental Quality Act (CEQA).
D. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the City Code standards that apply to development, and to further the public health, safety, and general welfare of the community.

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– Planning Commission

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A. Establishment. The Planning Commission, referred to in this Zoning Code as the Planning Commission, is established in compliance with Sections 1006 and 1007 of the City Charter and SCCC Section 2.120.050 (Planning Commission).
B. Appointment. The Planning Commission shall consist of seven members who shall be appointed by the Council in compliance with SCCC Section 2.120.050 (Planning Commission).
C. Duties and Authority. The Planning Commission shall perform the duties and functions prescribed by Government Code Section 65000, SCCC Section 2.120.050 (Planning Commission) and this Zoning Code, specified in Subparagraphs 1 to 4 below. In addition, the Council may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State Law.

1. The review of development projects, including referrals from the Community Development Director;

2. The review of appeals from the Community Development Director’s decisions and the Community Development Director’s and Department staff’s determinations;

3. The recommendation, to the Council for final legislative decisions, on development agreements and amendments, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or regulatory matters related to the City's planning process; and

4. The above-listed functions shall be performed in compliance with Table 6-1 (Review Authority), and the California Environmental Quality Act (CEQA).
D. Meeting Notices and Conduct of Hearings. The Planning Commission shall conduct public hearings and meetings in compliance with SCCC Section 2.120.050 (Planning Commission) and Chapter 18.146 (Public Notices and Hearings).
E. Imposition of Conditions. In making decisions on applications, the Planning Commission may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the City Code standards that apply to development, and to further the public health, safety and general welfare of the community.
F. Appeals. The Planning Commission shall review and decide appeals filed from Director decisions. Decisions by the Planning Commission may be appealed to the Council subject to the provisions of Chapter 18.144 (Appeals).

– Community Development Director

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A. Appointment. The Community Development Director, referred to in this Zoning Code as the Director or the Director’s designee.
B. Duties and Authority. The Director shall:

1. Have the responsibility to perform all of the functions designated by State law and SCCC Chapter 2.75 (Planning and Inspection Department);

2. Perform the duties and functions prescribed in this Zoning Code, including compliance with Table 6-1 (Review Authority), and the California Environmental Quality Act (CEQA);

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3. Have the authority to defer action on an application and refer the request to the Planning Commission for consideration and final action;

4. Perform other responsibilities assigned by the Council, Planning Commission, or City Manager; and

5. Delegate the responsibilities of the Director to Department staff under the supervision of the Director.

C. Imposition of Conditions. In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, the City Code standards that apply to development, and to further the public health, safety and general welfare of the community.
D. Appeals. Depending on the type of approval, decisions made by the Director may be appealed to the Planning Commission or Council, subject to the requirements of Chapter 18.144 (Appeals).

Santa Clara Zoning Code, Title 18

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SANTA CLARA CODE

Article 7 – Zoning Code Administration

Chapter 18.142