Vallejo Municipal Code Ch. 16.601 Planning Authorities

The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Zoning Code and who serve as the "Review Authority" for planning permits and decisions. Other chapters provide detailed information on procedures, applications, and permits, including zoning and general plan text and map amendments, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Zoning Code as minimum requirements adopted to implement the policies and achieve the objectives of the general plan.

The powers and duties of the city council under this Zoning Code include, but are not limited to the following:

A. Consider and adopt, reject or modify amendments to the general plan map and text pursuant to the provisions of Chapter 16.612, General Plan Amendments, and the Government Code, following a public hearing and recommended action by the planning commission.

B. Consider and adopt the zoning map, the Zoning Code, and amendments to the zoning map and text of the Zoning Code pursuant to the provisions of Chapter 16.611, Zoning Text and Map Amendments, and the Government Code, following a public hearing and recommended action by the planning commission.

C. Consider and adopt, reject or modify specific plans or amendments to specific plans pursuant to the provisions of Chapter 16.609, Specific Plans and Amendments, and the Government Code, and planned development plans pursuant to the provision of Chapter 16.610, Planned Development Districts, and other applicable land use entitlements following a public hearing and recommended action by the planning commission.

D. Adopt guidelines for design review applicable to designated areas;

E. Hear and decide appeals from decisions of the planning commission, architectural heritage and landmarks commission and design review board on any other permits that can be appealed, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

F. Hear and decide appeals on environmental determinations by the director or the planning commission, pursuant to Chapter 16.602, Common Procedures, Section 16.602.06, Environmental Review.

G. Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to the Zoning Code.

The planning commission is established and organized pursuant to the requirements of Chapter 402, Boards and Commissions of the City Charter and the requirements of the California State Government Code. The powers and duties of the planning commission under the Zoning Code are established pursuant to Chapter 2.44 of the Vallejo Municipal Code and include, but are not limited to the following:

A. Conduct public hearings and make recommendations to the city council on proposed amendments to the general plan map and text, pursuant to Chapter 16.612, General Plan Amendments.

B. Annually review progress towards implementation of the general plan and recommend to the city council changes needed due to new legislation, development trends and changing economic, social and environmental conditions.

C. Conduct public hearings and make recommendations to the city council on proposed amendments to the zoning map and to the text of the Zoning Code, pursuant to Chapter 16.611, Zoning Text and Map Amendments.

D. Conduct hearings and make recommendations to the city council on proposed specific plans and amendments, pursuant to Chapter 16.609, Specific Plans and Amendments and 16.610, planned development districts pursuant to the provision of Chapter 16.610, Planned Development Districts, and other applicable land use entitlements as recommended by the planning and development services director (the director).

E. Approve, conditionally approve, modify or deny conditional use permits and variances, pursuant to Chapter 16.606, Minor and Major Use Permits, and Chapter 16.607, Variances.

F. Hear and decide appeals from decisions of the director on determinations, or interpretations made in the enforcement of the Zoning Code and any other decisions that are subject to appeal, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

G. Make environmental determinations on any approvals it grants that are subject to environmental Review under the California Environmental Quality Act and the procedures in Chapter 16.602, Common Procedures, Section 16.602.06, Environmental Review.

H. Recommend to the city council for adoption guidelines for conducting design review, pursuant to Chapter 16.604, Design Review.

I. Such other duties and powers as assigned or directed by the city council.

The planning and development services director (the director) is a city staff member appointed by the city manager with powers and duties that include but are not limited to the following: monitor and enforce provisions of the Zoning Code.

A. Review and issue land use permits that are minor in nature and which customarily result in an activity of generally minor public controversy and adverse impact based on specific findings of fact to support the resulting decision. The director has authority to require specific conditions when warranted to ensure that the requested activity or project is conducted or constructed in a manner consistent with the goals, objectives, and policies of the general plan.

B. Maintain and administer the Zoning Code, including processing of applications, abatements and other enforcement actions.

C. Approve, conditionally approve, modify or deny requests for waivers to dimensional requirements, pursuant to Chapter 16.608, Exceptions.

D. Interpret the Zoning Code to members of the public and to other city departments.

E. Prepare and effect rules and procedures necessary or convenient for the conduct of the department's business. These rules and procedures must be as approved by a resolution of the city council following review and recommendation of the planning commission. They may include the administrative details of hearings (e.g., scheduling, rules of procedure and record keeping).

F. Prepare administrative regulations for procedures for submission and review of applications subject to the requirements of the Zoning Code and Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

G. Review applications for permits and licenses for conformance with the Zoning Code and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

H. Review applications for discretionary permits and approvals under the Zoning Code for conformance with applicable submission requirements and time limits.

I. Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the city's environmental review requirements and notify the applicant if any additional information is necessary to conduct the review.

J. Approve, conditionally approve, modify or deny applications for minor and major use permits, modifications to conditions of approved use permits, and time extensions of use permits, pursuant to Chapter 16.606, Minor and Major Use Permits, and Temporary Use Permits, pursuant to Section 16.339.03, Temporary Use Permits.

K. Decide requests for minor modifications to approved permits, pursuant to Chapter 16.602, Common Procedures.

L. Decide proposals to revoke permits, pursuant to Chapter 16.602, Common Procedures, Section 16.602.13, Revocation of Permits, following a public hearing. Oversee Enforcement of the Zoning Code.

M. Refer items to the planning commission where, in their opinion, the public interest would be better served by a planning commission public hearing and action.

N. Process and make recommendations to the planning commission and city council on all applications, amendments, appeals and other matters upon which the council has the authority and the duty to act under the Zoning Code.

O. Serve as secretary of the planning commission, architectural heritage and landmarks commission, and design review board.

P. Delegate administrative functions as they so deem to members of the planning division.

Q. Other duties and powers as may be assigned by the city council, the city manager or established by legislation.

The design review board is established and organized pursuant to the requirements of Section 402, Boards and Commissions of the City Charter. The powers and duties of the design review board are established by Chapter 2.59 of the Municipal Code, and include but are not limited to the following:

A. Conduct public hearings for projects within the DMX (Downtown Mixed Use) Zoning District, which includes the Downtown Vallejo Specific Plan area.

B. Conduct public hearings for projects within the WMX (Waterfront Mixed Use) Zoning District, and as specified in the Waterfront and Vallejo Station Project Planned Development Master Plan and accompanying waterfront design guidelines (collectively, the "waterfront PDMP/design guidelines") for the waterfront area (the "waterfront area") the disposition and development agreement (the "DDA") between the city of Vallejo and the developer of the waterfront area (the "developer"), and the development agreement between the city and the developer. Pursuant to the DDA, the developer is obligated to timely appeal decisions of the design review board regarding major projects, as determined by the director, to the city council.

C. Hear and decide appeals of the director on decisions, determinations, or interpretations made in the enforcement of the Zoning Code and any other decisions that are subject to appeal, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

D. Advise or make recommendations on the design of architecture, lighting, landscaping, site layout and signage of projects on a preliminary basis, as referred by the city council, planning commission, architectural heritage and landmarks commission, or director.

E. Such other duties and powers as assigned or directed by the city council.

The architectural heritage and landmarks commission is established and organized pursuant to the requirements of Chapter 402, Boards and Commissions of the City Charter. The powers and duties of the architectural heritage and landmarks commission are established by Chapter 2.48 of the Municipal Code, and include but are not limited to the following:

A. Approve, conditionally approve, modify or deny certificate of appropriateness permits, variances and exceptions for projects within the architectural heritage overlay districts, pursuant to Chapter 16.614, Architectural Heritage and Historic Preservation.

B. Designate certain structures, sites, portions of structures, groups of structures, landscape elements, objects, works of art, or integrated combinations thereof as landmarks, pursuant to Chapter 16.614, Architectural Heritage and Historic Preservation.

C. Conduct public hearings for certificate of appropriateness permits, variances, exceptions and landmark designations.

D. Review decisions of the director on certificate of appropriateness permits to determine if a project will adversely affect the character of the historic district and if so, conduct a public hearing for the project.

E. Hear and decide appeals of the director on certificate of appropriateness permits, pursuant to Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

F. Undertake and complete one or more architectural heritage surveys. Upon completion of such survey(s), the commission shall undertake to establish and maintain a list of structures, objects and areas having a special historical, cultural, architectural or aesthetic interest or value. This list may include single structures or sites, portions of structures, groups of structures, man-made or natural landscape elements, objects, works of art, or integrated combinations thereof.

See Table 16.601-A: Permit Review Authority.

TABLE 16.601-A: PERMIT REVIEW AUTHORITY