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Respective Roles of Council and Commission in Land Use RegulationDATE: TO: FROM: SUBJECT: State Framework COUNCIL AGENDA REPORT February 21, 1996 MAYOR AND TOWN COUNCIL LARRY E. ANDERSON, TOWN ATTORNEY RESPECTIVE ROLES OF COUNCIL AND COMMISSION IN LAND USE REGULATION MEETING DATE: 2/24/96 ITEM NO. Planning Comission (1) .a. California statutory law empowers each city or town to control land use within its municipal limits. Government Code § 65100 requires each council to establish a "planning agency" by ordinance. The planning agency may be a planning department, a planning commission, the council, or any combination. Section 65100 allows cities and towns to establish 2 planning commissions -- one for long range planning, including general plans, environmental review, and capital improvement; and another for zoning administration. In many cities, the planning head is designated the Zoning Administrator and has broad authority to administer the short range, administrative details of land use regulation, such as variances and architectural approvals. In other cities, a Board of Zoning Appeals is used to review the Zoning Administrator's decisions on these types of permits and approvals, while a Planning or Zoning Commission addresses long range planning and policy advice. Los Gatos Background The Town has chosen to use a single planning commission. Largely in response to fear of annexation by San Jose, the Town created the Planning Commission in generally its current form in the 1930's with general powers to advise the Council. In 1969, an Architecture and Site Committee was created consisting of 5 planning commissioners to conduct zoning administration, with approval authority over such applications as conditional use permits and variances. A commissioner then had a right to bring applications to the full Commission on review, but appeals generally went from the Committee to the Council. The full Commission appears to have been designated to be principally responsible for policy advice to the Council. The Architecture and Site Committee was dissolved in 1977, and the current system of a staff Development Review Committee (DRC) and Commission review created. The Planning Director and the DRC review less controversial applications and provide recommendations to the Commission and the Council on all other applications. Statutory and Ordinance Procedures As you know, land use regulation involves 2 types of applications or decisions: PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY Reviewed by: L tanager Finance Revised: 2/21/96 10:29 am Reformatted: 10/23/95 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: RESPECTIVE ROLES OF COUNCIL AND COMMISSION IN LAND USE REGULATION February 21, 1996 1) Legislative -- which includes zoning code provisions, zoning classifications (including Planned Developments under the Town Code), and general plan amendments. 2) Administrative -- which includes architecture and site reviews, conditional use permits, variances, and subdivision maps. Legislative Actions. Under California law, zoning changes must be done by ordinance, which only the Town Council can adopt. Under State law and the Town Code, the Planning Commission makes recommendations to the Council on the appropriateness of proposed changes (Gov't Code § 65853; LGTC § 29.20.555 and following). General plan amendments are adopted by resolution, but once again, only the Council can take fmal action. The Planning Commission also acts as advisor to the Council on proposed plan amendments (Gov't Code § 65353; LGTC § 29.20.750(2)). With regard to legislation, the Town Code empowers the Planning Commission to initiate proceedings on general plan (29.20.750(1)) or zoning code amendments (29.20.535 and 29.20.750(4)).' Administrative Actions. The Town Code has divided "final" authority among the 4 levels of Council, Commission, DRC, and Planning Director, with appeals being ultimately possible to the Council. Unlike many other municipalities, the Council has only reserved a few limited items for primary review (mobile home park conversions and signs on public property). The Commission is also the "advisory agency" with regard to tentative maps under the Subdivision Map Act and takes final action on all tentative maps except those defined as "vesting." LGTC § 24.10.020. At each level of review, the required standards and findings are applied by the "deciding body." Therefore, whether an Architecture & Site review is occurring at the DRC or the Commission, or is on appeal to the Commission or the Council, the same general standards and findings must be applied. However, as each higher level is reached, the authority of the "deciding body" somewhat expands. The DRC has been designated as a primarily technical committee to ensure that the Town Code and policies are properly applied. The Planning Commission, in turn, begins to apply design and community concerns to an application, because the Commission reflects the community in its membership and holds the first fully notice public hearings. Finally, the Council applies a broader community concern with sole authority to amend Town policies and resolutions. However, because all administrative proceedings are subject to Due Process requirements, applicants and contestants must receive a fair and equitable proceeding, and the Council's decision must be firmly based in both the evidence actually presented and the fmdings actually made in the resolution decision. Unlike most other municipalities, the Town has given the decisions of the Commission a special presumption by requiring the Council to make specific findings when the Council decides to reverse or modify a Commission decision. LGTC § 29.20.300. Conclusion The only planning decision that is subject to litigation is the final decision made by the Council. Every other decision in the planning process from Planning Director to Commission is subject to appeal to the next level of review. However, that entire record of review and discussion is the documentation on which the Town supports its final decision 'The Commission also reviews and makes recommendations on conformity of capital improvement projects and Town property purchases, sales, and abandonments. Government Code §§ 65401 and 65402. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: RESPECTIVE ROLES OF COUNCIL AND COMMISSION IN LAND USE REGULATION February 21, 1996 However, that entire record of review and discussion is the documentation on which the Town supports its final decision before a court or other administrative agency. Attachments: 1 - West's Annotated California Codes - Government Code Section 65100, et seq. 2 - Town of Los Gatos - Chapter 20, section 20.10.015, et seq. LEA/wp [N:IATY\P000UNCL.PLN] Copyright (C) West Publishing Co. 1996 No claim to original U.S. Govt. works. WEST'S ANNOTATED CALIFORNIA CODES GOVERNMENT CODE TITLE 7. PLANNING AND LAND USE DIVISION 1. PLANNING AND ZONING CHAPTER 3. LOCAL PLANNING ARTICLE 1. LOCAL PLANNING Sec. 65100. Planning agencies; assignment of functions There is in each city and county a planning agency with the powers necessary to carry out the purposes of this title. The legislative body of each city and county shall by ordinance assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination thereof, as it deems appropriate and necessary. In the absence of an assignment, the legislative body shall carry out all the functions of the planning agency. Sec. 65101. Planning commissions; creation; membership; designation of jurisdiction; joint area planning agencies or commissions or advisory agencies; powers and duties (a) The legislative body may create one or more planning commissions each of which shall report directly to the legislative body. The legislative body shall specify the membership of the commission or commissions. In any event, each planning commission shall consist of at least five members, all of whom shall act in the public interest. If it creates more than one planning commission, the legislative body shall prescribe the issues, responsibilities, or geographic jurisdiction assigned to each commission. If a development project affects the jurisdiction of more than one planning commission, the legislative body shall designate the commission which shall hear the entire development project. (b) Two or more legislative bodies may: (1) Create a joint area planning agency, planning conunission, or advisory agency for all or prescribed portions of their cities or counties which shall exercise those powers and perform those duties under this title that the legislative bodies delegate to it. (2) Authorize their planning agencies, or any components of them, to meet jointly to coordinate their work, conduct studies, develop plans, hold hearings, or jointly exercise any power or perform any duty common to them. A-1 ATTACHMENT i ARTICLE 6. PREPARATION, ADOPTION, AND AMENDMENT OF THE GENERAL PLAN Sec. 65353. Commission notice and hearing (a) When the city or county has a planning commission authorized by local ordinance or resolution to review and recommend action on a proposed general plan or proposed amendments to the general plan, the commission shall hold at least one public hearing before approving a recommendation on the adoption or amendment of a general plan. Notice of the hearing shall be given pursuant to Section 65090. (b) If a proposed general plan or amendments to a general plan would affect the permitted uses or intensity of uses of real property, notice of the hearing shall also be given pursuant to paragraphs (1) and (2) of subdivision (a) of Section 65091. (c) If the number of owners to whom notice would be mailed or delivered pursuant to subdivision (b) is greater than 1,000, a local agency may, in lieu of mailed or delivered notice, provide notice by publishing notice pursuant to paragraph (3) of subdivision (a) of Section 65091. (d) If the hearings held under this section are held at the same time as hearings under Section 65854, the notice of the hearing may be combined. Sec. 65354. Commission action The planning commission shall make a written recommendation on the adoption or amendment of a general plan. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission. The planning commission shall send its recommendation to the legislative body. ARTICLE 7. ADMINISTRATION OF GENERAL PLAN Sec. 65401. Recommendation of proposed public works; coordination of program If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission, and each governmental body commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning, initiation or construction A-2 during the ensuing fiscal year. The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. Sec. 65402. Acquisition or disposition of property; construction of buildings; requirements before action (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment A-3 projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. CHAPTER 4. ZONING REGULATIONS ARTICLE 2. ADOPTION OF REGULATIONS Sec. 65853. Adoption of ordinance or amendment; planning commission A zoning ordinance or an amendment to a zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in Section 65850 not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive. Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted. When the legislative body has requested the planning commission to study and report upon a zoning ordinance or amendment which is within the scope of this section and the planning commission fails to act upon such request within a reasonable time, the legislative body may, by written notice, require the planning commission to render its report within 40 days. Upon receipt of the written notice the planning commission, if it has not done so, shall conduct the public hearing as required by Section 65854. Failure to so report to the legislative body within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance. A-4 SUBDIVISIONS CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS ARTICLE 2. DEFINITIONS Sec. 66415. Advisory agency "Advisory agency" means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps. A-5 TOWN CODE OF THE TOWN OF LOS GATOS Chapter 20 PLANNING ARTICLE I. IN GENERAL Sec. 20.10.015. Same --Powers and duties. The Director of Planning: (1) Is in charge of administering the planning affairs of the Town; (2) Directs and controls the Planning Department, subject to the general administrative discretion of the Town Manager; (3) Serves as secretary, chief administrator and technical advisor to the Planning Commission; (4) Assists in preparing plans and ordinances; (5) Collects and analyzes planning data and reports and makes recommendations for the regular review of the general plan, specific plans and revisions to such plans; (6) Reviews and makes suggestions concerning the physical development of the Town, such as zoning, subdivision, building, traffic, land use and population growth; (7) Keeps all maps, ordinances, rules and regulations current; (8) Personally, or by representative, attends all meetings of the Town Council and Planning Commission; (9) Serves as directed to represent the Commission and Town at other meetings and other functions; (10) Promotes public understanding of the general plan and specific plans, and of the purpose and objectives of planning, zoning and related programs; (11) Is responsible for enforcement of zoning ordinances and regulations; (12) Performs such other planning duties as are assigned by the Town Manager and Town Planning Commission or as are prescribed by ordinance or State law. B-1 ATTAMMENT 2 ARTICLE II. PLANNING COMMISSION Sec. 20.20.010. Established. A Planning Commission is established for the Town. Sec. 20.20.015. Composition, appointment, terms. The Planning Commission shall consist of seven (7) voting members, whose terms of office shall be four (4) years and until their successors are appointed. The members shall be appointed by the Town Council. The terms of office of the respective members shall be staggered and overlapped in such a manner that the terms of not less than one (1) nor more than two (2) members expire each year. The term of each member shall commence on the first day of February, and shall expire on the thirty-first day of January of the fourth successive year. Sec. 20.20.020. General duties. The Planning Commission shall be the Town's planning agency within the meaning of Government Code section 65100. The Planning Commission shall perform such duties and exercise such powers and authorities with regard to planning, subdivisions, zoning, zoning administration and other land use regulatory controls as are prescribed by ordinance and state law. Chapter 24 SUBDIVISION REGULATIONS Sec. 24.10.020. Advisory agency; powers. (a) The Planning Commission is the advisory agency for the Town under the Subdivision Map Act and is authorized to approve, conditionally approve, or disapprove all maps except vesting tentative maps. (b) The Planning Commission will report to the Town Council on its recommendations regarding vesting tentative maps but does not have authority to approve or disapprove vesting tentative maps. B-2 Chapter 29 ZONING REGULATIONS DIVISION 4. POST -APPROVAL ACTIONS Sec. 29.20.255. Appeals from the decision by the Planning Director. Any interested person may appeal to the Planning Commission from a decision of the Planning Director: (1) Determining an application for a building permit, for a horse permit, for an amateur horse event or animal permit, for a home occupation permit, for a tree removal permit, for a sign permit, for a secondary dwelling unit permit, or denying a certificate of use and occupancy on the ground that the use is not allowed in the zone. (2) Granting or denying an extension of time related to one (1) of the foregoing transactions. (3) Revoking or modifying one (1) of the foregoing approval of permits. Sec. 29.20.257. Appeals from decisions by the Development Review Committee. Any interested person may appeal to the Planning Commission any Development Review Committee decision making a determination authorized by section 29.20.745. Sec. 29.20.258. Appeals from decisions of the Historic Preservation Committee. Any interested person may appeal to the Planning Commission any Historic Preservation Committee determination. Sec. 29.20.275. Appeals from decisions by the Planning Commission. Any interested person may appeal to the Council from any decision of the Planning Commission. The appellant must file a written notice of appeal in duplicate with the Clerk not more than ten (10) days after the decision is rendered. The notice shall state clearly the reasons why the appeal ought to be granted. The Council shall not hear the appeal if the notice is not filed in time. Once a notice of appeal has been filed, it may not be withdrawn without the consent of the Council. B-3 Sec. 29.20.280. Hearing by Council. The appeal shall be heard by the Council within fifty-six (56) days after the date of the hearing at which the final decision by the Planning Commission was made. The Council may continue from time to time any hearing held by it. Sec. 29.20.295. Council hearing. When hearing the appeal, the Council shall consider the record and such additional evidence as may be offered by anyone and may affirm, modify or reverse, in whole or in part, the determination appealed from, or make and substitute such other determination as is warranted, or may remand to the Planning Commission for further review and determination. The appellant bears the burden of proof before the Council is proving that one or more of the reasons specified in section 29.20.300 exist on the appeal for reversing or modifying the Commission determination. The standards of this chapter governing the discretion of the reviewing body shall apply with equal effect to actions of the Council. Sec. 29.20.300. Decision. (a) Any decision of the Council modifying, in whole or in part, the order, requirement, decision, determination, interpretation, or ruling appealed from, or making and substituting another decision or determination, requires the concurrence of a majority of the membership of the Council. (b) If the Council decides to modify or reverse the decision of the Planning Commission on any appeal, the resolution shall specify one or more of the following: (1) Where there was error or abuse of discretion on the part of the Planning Commission; or (2) The new information that was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or (3) An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. (c) If the only or predominant reason for modifying or reversing the decision of the Planning Commission is the availability of new information as defined in subsection (b)(2) above, it is the policy of the Town that the application will be returned to the Commission for B-4 review in light of the new information unless the new information has minimal effect on the application. (d) The decision of the Council upon the appeal will be expressed by a written resolution. The Council will forthwith transmit copies of the resolution to the original applicant, the appellant, and the Planning Commission. Sec. 29.20.535. Commencement of proceedings. Proceedings for adopting amendments to this chapter may be commenced on motion of the Council or the Planning Commission. Sec. 29.20.555. Council requests for reports. When the Council requests by resolution that the Planning Commission study and report on a zoning ordinance or amendment which is within the scope of section 29.20.545 and the Planning Commission fails to act on the request within a reasonable time the Council may, by written notice, require that the Planning Commission render its report within forty (40) days. On receiving the written notice the Planning Commission, if it has not already done so, shall hold any hearing required. The Planning Commission's failure to report within the forty -day period is deemed to be approval of the proposed ordinance or amendment. Sec. 29.20.560. Public hearing upon ordinance or amendment; notice. The Planning Commission shall hold a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to section 65090 of the Government Code and, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to section 65091 of the Government Code. Sec. 29.20.570. Planning Commission determination and recommendation. The Planning Commission shall determine whether to recommend that the Council adopt an amendment. If the proceeding was commenced on the motion of the Planning Commission and the Planning Commission determines no amendment is appropriate, no further action is required. Otherwise, the Planning Commission shall render its decision in the form of a written recommendation to the Council. B-5 Sec. 29.20.575. Form and content of recommendation. The recommendation shall include the reasons therefor and a description of the relationship of the amendment to the general plan and any applicable specific plan. The recommendation shall be transmitted in the form of approved Planning Commission minutes for the next Council meeting following approval of the minutes. DIVISION 7. ASSIGNMENT OF DUTIES Sec. 29.20.700. Planning Director. The Planning Director: (1) Prescribes all forms and contents of applications. (2) Keeps all records of Planning Commission, Development Review Committee, Planning Director and Planning Department work, except records transmitted to the Town Council and retained by the Town Clerk. (3) Investigates applications. (4) Gives all notices except notices of proceedings of the Town Council. (5) Prepares Development Review Committee and Planning Commission agendas, sets Development Review Committee and Planning Commission hearing dates (subject to the requirements of this chapter) and establishes filing deadlines. (6) Issues permits for temporary sales of Christmas trees and pumpkins, use and occupancy certificates, horse permits and amateur horse events, home occupations and sign permits. (7) Determines revocations or modifications of animal permits and home occupation permits. (8) May refer any matter assigned by ordinance to the Planning Director for decision to the Planning Commission for decision. (9) Determines applications for sign approval when action is not required of the Council or Planning Commission. B-6 (10) Determines applications for tree permits upon recommendation by the Director of Parks, Forestry and Maintenance Services to the extent provided by section 29.10.0985. (11) Determines applications for section 29.10.09030 demolition permits. (12) Where action is based on an application or notice of appeal, prepares a written notification of all determinations, except determinations by the Council, and sends the notifications to all applicants and appellants. (13) Prepares and sends notifications required by statute to the County Assessor. (14) Notifies applicants of hearings. (15) Keeps records of nonconforming signs and mails notices to owners of such signs. (16) Corrects the zoning map. (17) Keeps lists of nonconforming uses and buildings. (18) Reviews applications for construction permits for ordinance compliance. (19) Determines parking requirements for uses whose parking requirements are not specified. (20) Keeps records of those properties which have utilized parking district exemptions. (21) Determines applications for expansion of nonconforming one- or two-family dwellings. (22) Reviews all required parking lot screening. (23) May approve lower walls around required trash enclosures. (24) Chairs the Development Review Committee. (25) Assists in the writing of ordinances. (26) Determines whether lots have merged. (27) Jointly with the Building Official and the Town Engineer, determines parking lot permits as provided by section 29.10.155(1). B-7 (28) Determines initial applications, any application for time extensions and applications for remodeling or reconstruction for secondary dwelling unit permits. (29) Determines application for plumbing fixtures in accessory buildings. (30) Has those duties described in division 8 of this article. (31) Determines applications for accessory structures in R-1 zones in excess of four hundred fifty (450) square feet or on properties with one- or two-family dwellings. Sec. 29.20.745. Development Review Committee. The Development Review Committee shall: (1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters which come before the Planning Commission except zoning ordinance amendments, zone changes (not including rezoning to PD), general plan adoptions and amendments, specific plan adoptions and amendments, and capital improvement plans. (2) Review and make recommendations to the Council concerning community - oriented bulletin boards and kiosks proposed to be erected on public property. (3) May on its own motion review and make recommendations concerning matters not assigned to it. (4) Review and make recommendations on parking lot permits under section 29.10.155(1) including reconfiguration or trade-off of zoning requirements under other sections of this chapter. (5) Determine and issue zoning approval for the storage of hazardous materials as provided in division 1 of article VII of this chapter. (6) Determine appropriate screening (fencing, landscaping or a combination) for hazardous materials storage sites as provided in division 1 of article VII of this chapter. (7) Determine and issue zoning approval for grading permits as provided in section 29.10.09045(b) and (c) of this chapter. B-8 (8) Determine and issue zoning approval for minor exterior alterations to commercial buildings. (9) Determine and issue zoning approval for lot line adjustments and lot mergers. (10) Issue large family day care home permits. (11) Under the provisions of section 29.10.070 of this chapter and section 66424.2 of the Subdivision Map Act, determine whether lots have merged. (12) Determine and issue zoning approval for single-family dwellings. (13) Determine and issue zoning approval for minor subdivisions of land consisting of four lots or less. (14) Determine and issue zoning approval for minor modifications to Planned Developments when the Official Development Plan is not altered. (15) Determine and issue zoning approval for requests for reduction to setbacks on nonconforming lots. (16) Determine and issue zoning approval for minor restaurants. (17) May refer any matter assigned by ordinance to the Development Review Committee for decision to the Planning Commission for decision. No Planning Commission action is invalid because of omission of review and recommendation. Sec. 29.20.750. Planning Commission. The Planning Commission: (1) May initiate general plan amendments and specific plans or amendments. (2) Hears and recommends all proposals for adoption and amendment of the general plan. (3) Hears and recommends all proposals for adoption and amendment of specific plans. (4) May initiate zone changes and amendments to this chapter. B-9 (5) Hears and recommends proposals for zone changes, prezonings, and amendments to this chapter, including those referred to it by the Town Council. (6) Determines whether to hear applications for rezoning made within one (1) year of a similar application. (7) Determines variance applications. (8) Determines conditional use permit applications except minor restaurants. (9) Determines applications for architecture and site approval except those items listed in section 29.20.745. (10) Determines time extension when it would have had the power to grant the original approval. (11) Determines revocations and modifications of zoning approvals as provided in section 29.20.310. (12) Determines matters referred to it by the Planning Director. (13) Hears appeals from decisions of the Planning Director. (14) Determines whether to allow all deviations from the standards of this chapter which are specifically authorized by this chapter except variances, and determines when stricter standards than those generally imposed by this chapter but specifically provided for in this chapter apply. (15) Determines applications to alter or demolish structures, sites and areas designated, determines whether the Commission must suspend action on applications to alter or demolish structures, sites and areas designated, under the provisions of division 3 of article VIII of this chapter, or for which designation proceedings are pending. (16) Determines location and adequacy of required open space for residential condominiums in any zone and for multiple -family developments in the R-M zone. (17) Determines applications for section 29.10.0980 tree permits. (18) Determines requirements for access to remote areas in the RC and HR zones. (19) Determines applications for neighborhood identification signs, and signs on freestanding walls. B-10 (20) Performs any functions required by statute or ordinance but not specifically assigned by this chapter. (21) Determines whether a nonconforming use is no longer lawful. (22) Forwards a recommendation to the Town Council concerning mobile home park conversion permit applications. Sec. 29.20.755. Town Council. The Town Council: (1) May initiate and refer general plan amendments and specific plans or amendments to the Planning Commission for recommendation. (2) Hears and determines Planning Commission recommendations for the adoption or amendment of the general plan or any specific plans. (3) Adopts ordinances. (4) May initiate and refer zone changes and amendments to this chapter to the Planning Commission for recommendation. Nonsubstantive ordinance amendments may, but need not be, referred to the Planning Commission. (5) Hears appeals from decisions of the Planning Commission. (6) Determines whether to extend suspension under section 29.80.285. (7) Determines applications for permits for signs on public property, including but not limited to community -oriented bulletin boards and kiosks. (8) Determines mobile home park conversion permit applications. (9) Appoints Historic Preservation Committee members. B-11 ARTICLE VIII. OVERLAY ZONES DIVISION 3. LHP OR LANDMARK AND HISTORIC PRESERVATION OVERLAY ZONE Sec. 29.80.220. Powers and duties of Planning Commission. The Planning Commission: (1) Shall recommend to the Town Council, after public hearing, concerning designation of landmarks and historic districts, as provided in section 29.80.245. (2) May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and take appropriate measures for recognition. (3) Shall hear and determine architecture and site approval applications for construction, alteration, demolition and remedial work on landmark sites and in historic districts, as provided in sections 29.80.270 through 29.80.290. (4) May take steps to encourage or bring about preservation of structures or other features where the Planning Commission has decided to suspend action on a permit application, as provided in section 29.80.285. (5) May, on request of the property owner, advise with respect to any proposed work not requiring a Town Sec. 29.80.230. Designation by ordinance. (a) The Council may by ordinance designate: (1) One (1) or more individual structures or other features, or integrated groups of structures and features on one (1) or more lots or sites, having a special character or special historical, architectural or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark; and (2) One (1) or more areas containing a number of structures having special character or special historical, architectural or aesthetic interest or value, and constituting distinct sections of the Town, as historic districts. (b) Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in B-12 addition to those features which would be affected by work described in section 29.80.260 that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district. (c) A lot zoned LHP may only be used in the manner provided in the underlying zone, however, the Town Council, on the basis of the evidence submitted at the hearing, may permit an existing use not otherwise permitted in the underlying zone to continue providing the Council makes the following findings: (1) The use has been legal and continues to operate in a manner that is not detrimental to other uses in the general vicinity; (2) There is no history of complaints about the use; (3) Removal of the use to another location would effectively end the significance of the historical designation on the property; and (4) The use has been legally and continuously operating for at least fifty (50) years. The specific use and the findings to support its continuance shall be incorporated in the designating ordinance. (d) If the use permitted by subsection (c) above is discontinued for one hundred eighty (180) consecutive days, the use shall not be resumed and the use of the property shall conform with the provisions of the underlying zone. Token use does not toll or interrupt a period of discontinuance. (e) The property designated shall be subject to the controls and standards contained in this division. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance: (1) For a publicly owned landmark, review of proposed changes in major interior architectural features. (2) For a historic district, such further controls and standards as the Council finds necessary or desirable, including but not limited to facade, setback and height controls. (f) The Council may amend or rescind a designation only by ordinance, after Planning Commission and Council hearings as required for original designations. B-13 Sec. 29.80.235. Initiation of designation. Initiation of designation proceedings shall be by resolution of the Council or Planning Commission. The date of initiation is the date the resolution is adopted. permit on a designated landmark site or in a designated historic district. Examples of the work referred to are painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting fixtures. In advising, the Planning Commission shall be guided by the purposes and standards specified in this division. This subsection does not impose regulations or controls on any property. (6) Shall seek and consider a report from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (1) and (3) above, and shall consult with or request assistance from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (2), (4) and (5) above. B-14