A. 
The planning commission shall have all of the powers and duties prescribed by city ordinance and state statute, including, but not necessarily limited to, the Planning and Zoning Law (Government Code Section 65000 et seq.), the Subdivision Map Act (Government Code Section 66410 et seq.), the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and Title 8 of the Yolo County Code (as adopted by city Ordinance No. 87-18).
B. 
The planning commission is designated as the board of permit appeals pursuant to Government Code Section 65903 for the purpose of hearing and determining appeals from the decisions of the zoning administrator or for reviewing such decisions on its own motion or the motion of the zoning administrator.
C. 
The planning commission is designated as the board of zoning adjustment pursuant to Government Code Section 65900 for the purposes, and with the authority, as set forth in applicable city ordinance, state statute and other law.
D. 
The planning commission is designated as the advisory agency under the Subdivision Map Act pursuant to Government Code Section 66415, and shall be authorized to act in that capacity as specified in the Subdivision Map Act and applicable city ordinance.
E. 
The planning commission is designated as the decision making body under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and Guidelines (14 California Administrative Code Section 15000 et seq.) for decisions over which it has jurisdiction and authority pursuant to applicable city ordinance, state statute and other law. For matters where the planning commission merely makes recommendations to the city council, the city council shall be the decision-making body.
(Ord. 15-1 § 2)
A. 
The planning commission shall conduct all business and hearings consistently with requirements of due process. In order to comply with due-process requirements, the planning commission may, on a case-by-case basis, modify procedural provisions of its own rules and regulations and city ordinances, provided that all notice, opportunity to be heard, and other due process procedures satisfy the requirements of law.
B. 
It is the intent of subsection A of this section to authorize and require all planning commission proceedings to be conducted in a manner consistent with applicable legal requirements. In order to further this intent, if any provision of city ordinance or rules or regulations adopted by the planning commission violates or is inconsistent with any superior legal requirement, then the planning commission is authorized and directed to suspend the application of the inferior ordinance, rule or regulation and to apply the superior legal requirement.
C. 
The oral proceedings of the planning commission shall be tape recorded and maintained by the city. Any interested person may request a transcription of such proceedings, provided that, prior to commencing the transcription process, such person deposits with the city clerk a sum of money equal to the estimated costs of preparing the transcript by certified court stenographer.
(Ord. 15-1 § 2)
In the event there is a tie vote on any motion pending before the planning commission, the chair shall call for any further motions of any commissioner on the subject. In the event no further motions are made, or that such further motions also result in a tie vote, the chair shall declare a deadlock. When any provision of city ordinance or state statute requires a recommendation from the planning commission before a matter is heard by the city council, a declaration of a deadlock shall be deemed to be a recommendation of denial by the planning commission for all such purposes. A declaration of a deadlock on any matter for which the planning commission is the decision-making body shall be considered a denial of such matter and shall be appealable to the city council, to the same extent, and in the same manner, as if the planning commission had denied the matter. The city clerk is authorized and instructed to waive the applicable filing fee for any appeal resulting from a declaration of a deadlock.
(Ord. 15-1 § 2)
A. 
Except as otherwise provided, a decision of the planning commission shall be final upon vote of the commission on the matter.
B. 
In cases where the planning commission renders a statement of intended decision with instructions to staff to draft written findings, then the planning commission's decision shall be final upon its final vote and adoption of findings.
C. 
In cases where city ordinance or other provisions of law expressly provide for an appeal to the city council on the matter, the decision of the planning commission shall be final upon the expiration of the time to appeal or, if an appeal was timely and properly filed, upon final action by the city council on the appeal.
D. 
The planning commission on its own motion may reconsider any decision provided that:
1. 
A majority of a quorum of the planning commission agrees to reconsider the decision or, if the action to be reconsidered requires a majority vote of the full planning commission, a majority of the full planning commission agrees to reconsider the decision; and
2. 
The person requesting reconsideration makes such a request prior to adjournment of the meeting at which the final decision of the planning commission is made. A request for reconsideration is not a necessary step in the administrative appeals process and the failure to seek reconsideration shall not be deemed a failure to exhaust administrative remedies.
(Ord. 15-1 § 2)
A. 
Except as provided in subsection B of this section, any permit or other entitlement for use authorized by action of the planning commission shall not be formally issued by the city until the expiration of the time for appeal to the city council, if any, has expired, or if an appeal has been filed, until the effective date of the city council's decision on the appeal.
B. 
In its discretion, the planning commission is authorized to conditionally issue a permit or other entitlement for all or part of a requested use prior to expiration of the time for appeal to the city council, provided the following conditions are complied with:
1. 
The applicant files with the director of community development a written statement, in a form acceptable to the city, acknowledging that the permit is not final, and that no rights will vest by the applicant's expenditures and reliance on a permit or other entitlement for use conditionally issued pursuant to this section;
2. 
The applicant files with the director of community development a written statement, in a form acceptable to the city, acknowledging that, in the event the city council reverses or modifies the planning commission action, the applicant will remove all improvements, structures, facilities and utilities installed, placed or constructed pursuant to the conditional permit, and shall restore the project site to its condition immediately prior to the conditional issuance of the permit, and shall otherwise comply with the terms of the city council's decision;
3. 
The applicant files a performance bond or other surety with the director of community development, in a form and amount acceptable to the city, to ensure the applicant's compliance with paragraphs 1 and 2 of this subsection.
C. 
The planning commission shall not conditionally issue a permit or other entitlement for use after an appeal to the city council has been filed. In exercising its discretion under subsection B of this section, the planning commission shall consider the following factors, in addition to other appropriate factors:
1. 
Likelihood of an appeal to the city council, and likelihood of reversal or modification in the event there is an appeal;
2. 
The size and costs of the project; and
3. 
The practical difficulty in restoring the project site to pre-project conditions in the event the city council reverses or modifies the planning commission's decision.
(Ord. 15-1 § 2)
Unless otherwise specified by the planning commission, denial of any permit or other entitlement for use will be deemed to be a denial with prejudice, except that the city council, on appeal, may remand the matter to the planning commission for further consideration. If a denial of the planning commission is with prejudice, no subsequent application for the same or similar permit or entitlement for use may be filed within one year from the date of the planning commission's decision, or the city council's affirmance, whichever is later, unless the application has been modified to correct the deficiencies and/or to otherwise address the concerns of the planning commission or city council. Any subsequent application will require a new filing fee. If a denial is expressly made without prejudice, the same or similar application may be resubmitted at any time, and the filing fee will be limited to those fees for additional processing over and above the processing of the original application, as determined by the director of community development.
(Ord. 15-1 § 2)
Except as otherwise provided by city ordinance, state statute or other law, any person interested in an action of the planning commission, including the city council or any individual city councilmember, may take an appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the date of the final action by the planning commission. Exception: appeals filed pursuant to Chapter 16.20, Tentative Maps, Section 16.20.060, shall be filed within ten days after the planning commission's decision. Appeals filed pursuant to other city ordinances, state statutes or other laws may be subject to different time lines. The notice of appeal filed with the city clerk, except a notice filed by the city council or a city councilmember, shall be accompanied by the appropriate filing fee as established by the city pursuant to resolution. Upon receipt of the notice of appeal, the city clerk shall cause the record of proceedings before the planning commission to be transmitted to the city council. The record of proceeding shall include all written materials the planning commission considered in taking the action being appealed. The city council may affirm, reverse or modify the decision of the planning commission.
(Ord. 15-1 § 2)
A. 
Pursuant to Code of Civil Procedure Section 1094.6(g), the provisions of Section 1094.6 are made applicable to decisions of the planning commission and city council, as defined by Section 1094.6(e).
B. 
A decision shall be final for purposes of Code of Civil Procedure Section 1094.6, as set forth in Section 2.20.170.
C. 
Appeal to the city council, when expressly made available by city ordinance or other provisions of law, is a necessary step in the administrative appeals process and the failure to pursue an appeal shall be deemed a failure to exhaust administrative remedies.
(Ord. 15-1 § 2)