The purpose of this article is to establish the project review
authority of the city council, the redevelopment agency, the planning
commission, the zoning administrator and the planning division.
(Ord. No. 97-11, § 2, 5-5-97)
The city council shall have final decision authority for appeals,
final maps, specific plans, master plans in the town center and planned
development districts, rezones, general plan amendments, density bonuses
with financial incentives, Zoning Code amendments, improvement and
development agreements, annexations and any action specified in this
Zoning Code. The city council shall also be responsible for the acceptance
of lands and/or improvements as may be proposed for dedication to
the city, except deeds of dedication and parcel maps of four or fewer
lots with no development agreements. The city council may impose conditions
of approval.
(Ord. No. 97-11, § 2, 5-5-97)
(a) Declaration of need of agency. It is hereby found and declared,
pursuant to State
Health and Safety Code section 33101, that there
is a need for a redevelopment agency in the city, as such agency was
created by section 33100, to function in the city, and the agency
is hereby authorized to transact business and exercise all of the
powers granted to it under the Community Redevelopment Law.
(b) Council declared agency. The five members of the city council
are hereby declared to be the members of the redevelopment agency
and are empowered to exercise all the rights, powers, duties, privileges
and immunities vested by the Community Redevelopment Law in an agency.
(c) Term of agency members. Membership shall be for the period
each councilmember serves in office, and shall automatically terminate
at the time any councilmember no longer holds the office of councilmember.
Any vacancy existing on the redevelopment agency shall be filled only
by a duly elected sworn and acting city councilmember.
(Ord. No. 97-11, § 2, 5-5-97)
(a) Commission. Pursuant to the provisions of section 65101
of the Planning and Zoning Law of the California
Government Code,
there is hereby created a planning commission, which shall consist
of seven members.
(b) Appointment and removal of commissioners. Each council member
elected by district shall nominate a planning commission member, subject
to approval by a majority vote of the entire city council. The mayor
shall nominate a planning commission member, subject to approval by
a majority vote of the entire city council. Planning commission members
serve at the pleasure of the city council. A member may be removed
prior to the expiration of his or her term by a majority vote of the
entire city council. Additional details for the appointment procedures
and member qualifications, terms and compensation may be set by city
council policy.
(c) Residency. Each member of the planning commission must be
a resident of the City of Costa Mesa at the time the member is nominated
and appointed. If any member of the planning commission ceases to
be a resident of the city that member's appointment will automatically
terminate. The secretary of the planning commission shall immediately
inform the city council of any such termination.
(d) Term. The term of each planning commission member shall
expire on the date on which the second regular meeting in January
is held immediately following expiration of the term of the council
member or mayor who appointed that member, or until he or she is reappointed
or replaced.
(e) Ex-officio member of commission. The director of development
services and city attorney or designee shall attend the meetings of
the planning commission and assist the commission in an advisory capacity
as needed.
(f) Absence from commission meetings without cause. If a planning
commission member is absent from three consecutive regular meetings
of the commission, without cause, the office of the member shall be
deemed to be vacant and the term of such member terminated. The secretary
of the planning commission shall immediately inform the city council
of such termination.
(g) Absence from commission meetings for cause. An absence due
to illness or an unavoidable absence from the city and written notice
thereof given to the secretary of the planning commission on or before
the day of any regular meeting of the commission shall be deemed absence
for cause.
(h) Councilmember ineligibility. No member of the city council
shall be eligible for membership on the planning commission.
(i) Authority of the planning commission.
(1) The planning commission shall have the power, except as otherwise
provided by law, to act on plans for the regulation of the future
growth, development and beautification of the city, in respect to:
a. Public and private buildings and works, streets, parks, grounds and
vacant lots.
b. The future growth and development of the city in order to secure
sanitation, proper service of all public utilities, shipping and transportation
facilities.
c. The location of any proposed buildings, structures, or works.
(2) The planning commission is authorized to act upon the following discretionary
actions:
a. Recommend to the city council approval, conditional approval or denial
of general plan amendments, specific plans, rezones, Zoning Code amendments,
development agreements, density bonuses with public financial incentives,
preliminary and final master plans, and any other action specified
in this Zoning Code.
b. Recommend to the successor agency to the former redevelopment agency
approval, conditional approval or denial of redevelopment actions,
or adoption and/or amendments to a redevelopment plan.
c. Approve, conditionally approve or deny applications for conditional
use permits, variances, tentative tract and parcel maps, density bonuses
without public financial incentives, and any other action specified
in this Zoning Code.
d. Perform other duties necessary to carry out the provisions reserved
to the planning commission in Title 10 of the Municipal Code, the
provisions of this Zoning Code and the provisions of the Planning,
Zoning and Development Law of the State
Government Code.
(j) Commission bylaws authorized. The planning commission shall
have the power, except as otherwise provided by law, to adopt such
bylaws as it may deem necessary to provide for:
(1) The time and place of meeting.
(2) The time and method of electing officers.
(3) Such other matters relative to the organization of the planning commission
and methods of administration of its duties which are not otherwise
provided for by statute or ordinance.
(k) Regular meeting of commission defined. A regular meeting
as provided by law or by rule of the planning commission or any regularly
advertised public hearing shall be deemed a regular meeting.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 01-12, § 1, 3-5-01; Ord.
No. 02-4, § 1a, 3-18-02; Ord. No. 03-2, § 3, 3-3-03; Ord. No. 04-17, § 3, 1-3-05; Ord. No. 19-05, § 1, 4-2-19; Ord.
No. 21-14, § 1, 8-3-21)
(a) The
development services director or designee is authorized to act as
the zoning administrator according to procedures set forth in the
State
Government Code.
(b) The
zoning administrator is authorized to approve, conditionally approve,
or deny the following discretionary planning applications. The zoning
administrator may forward any action to the planning commission for
review.
(1) Administrative adjustment;
(2) Minor conditional use permit;
(4) Wireless telecommunications use permit (see section 19-15); and
(5) Any action specified in this Zoning Code.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 20-03, § 2, 3-3-20)
The development services director or designees constitute the
planning division. The planning division is authorized to act on and
grant approvals of development reviews and minor modifications as
described in Chapter III, Planning Applications, Wireless Telecommunications
Use Permit (see section 19-15), and other duties as designated by
the development services director, planning commission, city council
and this Zoning Code.
(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 20-03, § 2, 3-3-20)