This chapter is intended to describe the authority and responsibilities
of the City staff and the elected and appointed officials in the administration
of this Development Code.
(Prior code § 16-710.010)
The Stockton City Planning Commission and Community Development
Department (referred to in this Development Code as the Department)
shall perform the functions of a Planning Agency in compliance with
Government Code Section 65100 et seq.
(Prior code § 16-710.020)
The City Council of the City of Stockton (referred to in this
Development Code as the Council) shall perform the following functions
that are related to this Development Code:
A. Appointments. Exercise all appointing powers provided under
State law, the City Charter, and this Development Code, including
the appointment of the members of the Planning Commission;
B. Adoptions and Amendments. Adopt, and amend as necessary, the
General Plan, this Development Code, development agreements, master
development plans, specific plans, precise road plans, regulations,
ordinances, and environmental guidelines;
C. Appeals. Be the final appellate body on all matters identified
in this Development Code;
D. Legislative Body. Serve as the legislative body as that term
is used in the Subdivision Map Act;
E. Environmental Review. Determine that there has been adequate
environmental review under the provisions of the California Environmental
Quality Act (CEQA) and the City's CEQA Guidelines for all matters
under the Council's consideration;
F. Final/Parcel Maps. For subdivisions of five or more parcels
the Council shall have final jurisdiction in the approval of final
maps, improvement agreements, and the acceptance by the City of lands,
easements, and/or improvements as may be proposed for dedication to
the City;
G. Tentative Maps. The City Council shall act as the appeal board
for hearing appeals of the approval, conditional approval, or denial
of tentative maps.
(Prior code § 16-710.030; Ord. 023-07 C.S. § 125)
A. Appointment, Membership, and Term of Office. The appointment,
membership, eligibility, and term of office of the Planning Commission
of the City of Stockton (referred to in this Development Code as the
Commission) shall be in compliance with the City Charter.
B. Meetings. The time and date for meetings and election of officers
shall be in compliance with the Commission's "Procedural Rules for
Conducting Commission Meetings."
C. Rules. The Commission shall have the authority to establish
rules for the election of officers and the conduct of meetings. The
Commission shall comply with the following:
1. Quorum. A quorum for any regular or special meeting
of the Commission shall consist of a majority of the total number
of members appointed to the Commission; and
2. Voting. A vote of a majority of the total authorized
membership shall be required for the Commission to transact business
or decide any matter. A matter that is subject to the Commission's
action shall be deemed disapproved without the required minimum number
of votes.
D. Expenditures. The expenditures of the Commission shall be
within the amounts appropriated by the Council, which shall provide
the necessary funds in compliance with the Municipal Code and the
City Charter.
E. Staff. The Director shall provide staff to the Commission
as necessary to formulate and implement the City's planning objectives.
F. Duties and Authority.
1. Duties. The Commission shall perform the following duties
and functions, including:
a. The preparation, review, and revision, as necessary, of the General
Plan and recommendation to the Council of any adoption, amendment,
or repeal of the General Plan or portions of the General Plan;
b. The review of, and determination on, applications for development
projects filed with the Department, including use permits, variances,
and tentative maps (five or more parcels);
c. The review and recommendation to the Council for final determinations
on Development Agreements, Development Code amendments, master development
plans, specific plans, precise road plans, Zoning Map amendments,
environmental documents, and other applicable policy or ordinance
matters related to the City's planning process;
d. Serve as the appellate body for decisions by the Director;
e. Interpret the text of the General Plan and this Development Code;
f. Interpret the General Plan land use designations as they relate to
the text of the General Plan;
g. Review environmental documents to determine that there has been adequate
environmental review under the provisions of the CEQA and the City's
CEQA Guidelines for all discretionary permits and entitlements under
the Commission's consideration;
h. Appoint, with approval by the Council, members of the Cultural Heritage
Board and review and recommend to the Council the recommendations
of the Cultural Heritage Board for landmarks, historic preservation
districts, and historic sites;
i. Review redevelopment plans for conformity to the General Plan and
for recommendation to the Council;
j. Annually review the City's Capital Improvement Program for its conformity
with the General Plan, in compliance with State law (
Government Code
Article 7, commencing with Section 65400); and
k. Other matters deemed appropriate by the Council or Commission.
2. Authority. The above listed functions shall be performed in compliance with Section
16.84.020 (Review authority for land use and zoning decisions), the California Environmental Quality Act (CEQA), and the City's CEQA Guidelines.
(Prior code § 16-710.040; Ord. 023-07 C.S. § 126)
A. Membership. The membership and chairperson of the Development
Review Committee (referred to in this Development Code as the DRC)
shall be defined in the rules and regulations of the DRC.
B. Rules and Regulations. The DRC shall adopt rules and regulations
for its meetings and shall maintain a record of its recommendations.
C. Duties. The DRC shall provide a written recommendation to
the Director for all of the following:
1. Entitlements. Annexations, condominium projects, development
agreements, master development plans, multifamily projects, planned
development permits, precise road plans, sphere of influence amendments
and updates, specific plans, street name changes, tentative maps,
and utility master plans and major utility extensions; and
2. Other Development Projects. Review other development
and related projects, as deemed appropriate by the Director.
(Prior code § 16-710.050; Ord. 015-09 C.S., eff. 12-3-09)
A. Membership. The membership and chairperson of the Site Plan
Review Committee (referred to in this Development Code as the SPRC)
shall be defined in the rules and regulations of the SPRC.
B. Rules and Regulations. The SPRC shall adopt rules and regulations
for its meetings and shall maintain a record of its recommendations.
C. Duties. The SPRC shall perform all of the duties identified in Chapter
16.152 (Site Plan Review).
(Prior code § 16-710.060; Ord. 015-09 C.S., eff. 12-3-09)
A. Membership. The Architectural Review Committee (referred to
in this Development Code as the ARC) shall consist of a panel of three
private-sector architects appointed by the Director. Two or more panels
of architects may be appointed, including one alternate architect
for each panel, to perform the design reviews on an alternating weekly
schedule.
B. Rules and Regulations. The ARC may adopt rules and regulations
for its meetings and shall maintain a record of its recommendations.
C. Duties. The ARC shall perform all of the duties identified in Chapter
16.120 (Design Review) for those projects identified as being subject to the review of the ARC.
(Ord. 015-09 C.S., eff. 12-3-09)
A. Appointment. The Community Development Director (referred
to in this Development Code as the Director) shall be appointed by
the City Manager in compliance with the City Charter.
B. Duties and Authority. The Director shall:
1. Have the responsibility to perform all of the functions designated
by State law (
Government Code Section 65103—Planning Agency
Functions);
2. Have the responsibility and authority to grant applications for all
administrative permits and approvals issued by the Department;
3. Recommend changes to, or the adoption of, the City's CEQA Guidelines;
4. Perform the duties necessary to ensure adequate environmental review
of discretionary projects and to fulfill the requirements of the California
Environmental Quality Act (CEQA) and the City's CEQA Guidelines;
5. Review and approve or disapprove certificates of appropriateness
based on the recommendation of the Cultural Heritage Board;
6. Provide support and professional advice to the Council and Commission;
7. Have the authority to defer action on a decision subject to the Director's
authority and refer the application directly to the Commission;
8. Perform the duties and functions prescribed in this Development Code, including the review of development projects, in compliance with State law (
Government Code Section 65901 et seq.), Section
16.84.020 (Review authority for land use and zoning decisions), the California Environmental Quality Act (CEQA), and the City's CEQA Guidelines;
9. Investigate proposed subdivisions for conformity to the General Plan,
specific plans, precise road plans, master development plans, and
this Development Code for the City and reporting the findings, together
with recommendations for approval, conditional approval, or denial
to the Commission;
10. Certify, as representative of the Commission, that the Commission
has approved or conditionally approved, or denied a tentative map;
11. Review and make a determination on applications for tentative parcel
maps;
12. Review final maps and parcel maps for a specific project for conformity
with the tentative map for that project and make a recommendation
to the City Engineer;
13. Review and make a determination of consistency, as the Review Authority,
for site plan review;
14. Review and make a determination of consistency, as the Review Authority,
for design review for nondiscretionary projects and projects for which
the Director is the Review Authority;
15. Review and make a determination of General Plan consistency for projects
subject to Section 65402 of the
Government Code; and
16. Perform other responsibilities assigned by the Council or Commission.
C. Delegation of Responsibilities. The responsibilities of the
Director may be:
1. Delegated to a Department staff person or carried out by Department
staff under the supervision of the Director; and
2. Designated to a Department staff person with the authority to act in place of the Director. The staff person shall perform the duties assigned by the Director and the duties of their permanent position in addition to those listed in subsection
B of this section (Duties and authority).
(Prior code § 16-710.070; Ord. 023-07 C.S. § 127)
The City Engineer shall be responsible for:
A. Establishing
design and construction details, standards, and specifications;
B. Determining
if proposed subdivision improvements comply with the provisions of
this Subdivision Ordinance and the Map Act, and for reporting the
findings together with any recommendations for approval or conditional
approval of the tentative map to the Director;
C. The
processing and certification of final maps, reversions to acreage,
and amended maps;
D. The
processing and approval of subdivision improvement plans in compliance
with the approved subdivision master plans, lot line adjustments,
lot mergers, certificates of compliance, and certificates of correction;
E. Examining
and certifying that final maps are in substantial conformance with
the approved tentative map;
F. The
approval of parcel maps and improvement agreements for subdivisions
of four or fewer parcels;
G. Dedications
and public improvements for single lot development;
H. The
inspection and approval of public subdivision improvements, and overall
subdivision grading, with the cost of these inspections paid according
to service charges as determined and adopted by Council resolution;
I. The
acceptance of:
1. Dedications and improvements for subdivision of four or fewer parcels,
and
2. Off-site dedications lying outside a subdivision boundary, which
are dedicated by separate instrument;
J. Approval
of development improvement agreements and deferred improvement agreements
for single lot development and for four or less parcels; and
K. Sign
tentative maps based on the recommendation of the Development Review
Committee.
(Prior code § 16-710.080; Ord. 023-07 C.S. § 128; Ord. 015-09 C.S., eff. 12-3-09)
The City Attorney shall be responsible for:
A. Approving,
as to form, all subdivision improvement agreements, development improvement
agreements, deferred improvement agreements, and other City documents;
and
B. Provide
legal advice and counsel to the City.
(Prior code § 16-710.090)
The Municipal Utilities Director shall be responsible for the
approval of, and changes to, a development project's sewer and water
master plans as a prerequisite to approval of subdivision improvements.
(Prior code § 16-710.100)