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.
(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.
(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.
(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.
(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;
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 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)