For the Planning Commission Meeting of [January 17, 2024]
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Colby Cataldi, Director of Community Development
FROM: Paul Gonzales, Community Development Manager
Title
Planning Commissions authority and duties on land development entitlements.
Body
BACKGROUND:
At the January 10th, 2024, Planning Commission meeting, Commissioner John Peukert, asked staff in his closing comments what authority does the Commission have over projects not in compliance. Community Development Manager, Paul Gonzales, responded by stating entitlement projects with an approved conditional development permit (CDP) were under the purview of the Commission and projects that are not in compliance may be brought back to the Planning Commission for discussion and possible revocation. Planning Commissioner John Peukert requested additional discussion on the role of the Planning Commission as it relates to land development entitlement applications. Because the topic was not on the agenda for January 10, 2024, Assistant City Attorney Messinger recommended placing the topic on a future agenda if the Planning Commission wished to discuss the matter further. Accordingly, the topic was then added to the agenda for the January 17th, regularly scheduled meeting.
ANALYSIS/DISCUSSION:
The Rialto Municipal Code (RMC) states in Section 2.22.050 the powers and duties of the Planning Commission.
This section specifically states: "The planning commission has and performs the functions, duties and powers provided in the Planning and Zoning Law referred to in Section 2.22.010. The planning commission performs such other functions and duties with respect to zoning and other matters as the city council may refer to the planning commission".
Government Code Section 65100 provides, in pertinent part, that "[t]he legislative body of each city and county shall by ordinance assign the functions of the planning agency to a planning department, one...
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