Chapter 1 — PLANNING AGENCY

Pursuant to the authority granted to local jurisdictions by the California Government Code, a Planning Agency is hereby established.

(a) The City Council shall act as the Planning Agency for all land use applications which require public hearing and legislative action, and for those which are referred or appealed to the Council.

(b) The Planning Commission shall act as the Planning Agency for all other land use applications which require public hearing and for those which are referred or appealed to the Commission.

(c) The Planning Commission Subcommittee shall act as the Planning Agency for all land use applications which are referred or appealed to the Subcommittee.

(d) The Community Development Director shall act as the Planning Agency for all land use applications requiring Administrative Review.

(e) As applicable and as specified in Division 3 of this Code, the Community Development Director, the Building Official or other City Department Head when needed, as determined by the Community Development Director, shall act as the Planning Agency for those land use applications requiring Staff Action With Notice or Staff Action Without Notice. In these instances, the Building Official or other City Department Head, where applicable, will assume or coordinate with the Community Development Director, the functions detailed by this chapter for the Community Development Director.

(f) The Community Development Director shall act as the Planning Agency when preparing required documents to implement State Planning and Land Use Law (Title 7 of the California Government Code), and other land use planning related state laws.

• (a) The Planning Agency shall perform all of the following functions.

• (1) Prepare, periodically review, and revise the General Plan as necessary.

• (2) Implement the General Plan through actions including, but not limited to, the administration of specific plans, land use districts, and subdivision ordinances.

• (3) Annually review the capital improvement program of the City and the public works projects of other local agencies for their consistency with the General Plan.

• (4) Promote public interest in, comment on, and understanding of the General Plan, and related regulations.

• (5) Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerned with implementation of the General Plan.

• (6) Promote the coordination of local plans and programs with the plans and programs of other public agencies.

• (7) Perform other functions as required by the City Council, including conducting studies and preparing plans other than those required or authorized by Title 7 of the Government Code for the State of California.

• (b) The Planning Agency shall be responsible for determining the adequacy of Environmental Impact Reports (EIRs) and other special reports in compliance with the California Environmental Quality Act (CEQA).

(c) The Planning Agency shall be responsible for certification of Environmental Impact Reports and the filing of either a Notice of Determination or Notice of Exemption on each approved project.

(d) The Planning Agency hereby has the authority to approve, conditionally approve, or deny all land use applications and make related environmental review determinations, including the authority to impose mitigation measures as conditions of approval. Such land use applications include all maps, plans, designs, and other forms of application for subdivision, development or use of property.

(e) The Planning Agency shall only consider environmental review decisions in conjunction with the consideration of a related project. However, the Planning Commission may, when necessary, consider separately the decision by the Community Development Director to require the preparation of an Environmental Impact Report prior to such preparation.

(f) In addition to the above functions, the Community Development Director, as part of the Planning Agency, will have the following duties.

(1) The Community Development Director is charged with the duty of making investigations and reports on the design and improvements of proposed subdivisions and other land use applications affecting the development of real property and to make or recommend imposition of requirements or conditions thereon.

(2) The Community Development Director shall be responsible for the preliminary screening of projects to determine which projects are exempt from, and which projects are subject to, the requirements of the California Environmental Quality Act (CEQA), and the preparation, filing and distribution of environmental documents as appropriate.

(3) The Community Development Director shall be responsible for conducting Initial Studies and making determinations or recommendations as to whether a Negative Declaration or Notice of Exemption will be issued or whether an EIR will be required.

(4) The Community Development Director shall be responsible for determining or recommending whether an Environmental Impact Report on a multi-phased project that requires subsequent discretionary actions by the City adequately describes the impacts of the phase of the project under consideration.

(5) The Community Development Director shall be responsible for reviewing information reports to determine or recommend whether a proposed project may have a significant adverse effect on the environment.

(6) The Community Development Director shall be responsible for the preparation of documents for the implementation of State Planning and Land Use Law (Title 7 of the California Government Code) and other miscellaneous planning related laws. These documents shall include, but not be limited to, ordinances, resolutions, administrative policies and procedures, land use application filing requirements, information and forms, and other public information documents.

(7) The Community Development Director shall act as the zoning administrator for purposes of California Government Code Section 65900 et seq.

The procedures followed by the Planning Agency shall be those specified by this Code, including the associated administrative policies and procedures for all such reviews.