St. Helena Municipal Code Ch. 17.03 Zoning Code Administration

Sections:

• 17.03.010 Purpose. 17.03.020 Approval authorities. 17.03.030 Summary of approval authorities for decisions and appeals. 17.03.040 Approvals to conform to code.

The purpose of this chapter is to identify and establish the powers and duties of the approval authorities with responsibilities as defined in this code. Subsequent sections provide detailed information regarding procedures, applications, permits, and enforcement. (Ord. 23-4 § 5 (Exh. A))

The following approval authorities are established under this chapter:

A. Community Development Director. The community development director shall have such duties assigned by this code as may be required to fulfill the purposes of this title. These duties shall be in addition to those contained in California Government Code Section 65900 et seq., as amended. References to the community development director shall also mean any employee(s) of the community development department authorized by the community development director to act in the director’s behalf.

B. Public Works Director. The public works director shall have such duties assigned by this code as may be required to fulfill the purposes of this title. References to the public works director shall also mean any employee(s) of the public works department authorized by the public works director to act in the director’s behalf.

C. Building Official. The chief building official shall have such duties assigned by this code as may be required to fulfill the purposes of this title. References to the chief building official shall also mean any employee(s) of the building division of the community development department authorized by the chief building official to act in the chief building official’s behalf.

D. Planning Commission. The planning commission is established for the purpose of taking final action on certain applications and recommending actions on other applications to the city council. References to the planning commission shall also mean any employee(s) of the community development department when acting in the planning commission’s behalf while carrying out specific tasks which have been delegated to staff by the planning commission. The powers and duties of the planning commission shall include:

1. Authority to hear and decide:

   • a. Applications for conditional use permits;

   • b. Applications for variances;

   • c. Applications for major design review; and

   • d. Adoption of negative declarations or environmental impact report (EIR) certification and findings when associated with another application acted upon by the planning commission.

2. Authority to review and make recommendations to the city council on:

• a. Applications for ordinance amendments and zoning map changes;

• b. Applications for tentative subdivision maps;

• c. Applications for general plan amendments;

• d. Environmental documentation where the final permit approvals above are made by the city council; and

• e. Any other action that state law requires the planning commission to consider and recommend before city council consideration.

3. Authority to hear an appeal taken from any determination made by an administrative or appointed official, such as the community development department staff, community development director, or zoning administrator in the administration or enforcement of this title.

4. The planning commission shall recommend rules to the city council necessary for the conduct of its affairs in keeping with the provisions of this title. All meetings shall be open to the public. The planning commission shall keep minutes of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its own examinations and other official actions, all of which shall be a public record and be immediately filed with the community development department.

E. City Council. The city council is established through the incorporation of the city and has final review of matters relating to planning and zoning, subject to delegation of such authority as provided in this title. These duties shall be in addition to those contained in California Government Code Section 65900 et seq., as amended. References to the city council shall also mean any employee of the city who acts in the city council’s behalf while carrying out specific tasks that have been expressly delegated to staff by the city council. (Ord. 23-4 § 5 (Exh. A))

The community development department shall provide the coordination of review for all planning applications for the establishment of uses and development. Table 17.03.030(A), Approval Authorities, identifies the types of applications authorized by this code and the approval authority responsible for recommending and making decisions on each type of application.

Table 17.03.030(A). Approval Authorities

Recommending Approval Type of Action Chapter/Section Appeal Authority Authority Authority Planning Permits and Approvals

Table 17.03.030(A). Approval Authorities

Table 17.03.030(A). Approval Authorities

End Note:

1 The request for certificate of present extent of legal nonconformity for uses is placed on the planning commission’s consent calendar.

(Ord. 23-4 § 5 (Exh. A))

A. All permits, approvals, clearances, or licenses shall conform to the provisions of this code. If any issued permit, approval, clearance, or license is in conflict with the provisions of this code, it shall be null and void.

B. When carrying out their assigned duties and responsibilities, all approval authorities shall interpret and apply the provisions of this code as minimum requirements adopted for the promotion of the general plan.

C. The city shall refuse to issue any permit, approval, or clearance that is sought pursuant to this title, where the existing or proposed use, building or structure has been found to be in violation of this code, except as otherwise authorized by the city council. (Ord. 23-4 § 5 (Exh. A))