Under Sections 65500 through 65512 of the Government Code there is created the planning agency of the town consisting of the following component members:

A.

Town council;

B.

Planning commission;

C.

Design review board;

D.

Zoning administrator;

E.

Design review administrator; and

F.

Planning staff.

(Prior code § 8-101)

(Ord. No. 311, § 6, 12-13-2023)

The planning commission shall:

A.

Exercise the powers and duties prescribed by statute and ordinance and as assigned by the town council;

B.

Initiate preparation of general plans, specific plans, regulations, programs and legislation to implement the planning and zoning power of the town;

C.

Be generally responsible for advising the town council of matters relating to planning which, in the opinion of the commission, should be studied;

D.

Hear and decide each application for land use permit referred by the zoning administrator and rezoning;

E.

Hear and decide each application for variance referred to it by the zoning administrator;

F.

Be the advisory agency for the purpose of administering the laws and ordinances governing review and approval of subdivisions;

G.

Act as the board of appeals to hear and decide each appeal from an order, requirement, decision or determination made by:

1.

The design review administrator,

2.

The zoning administrator, and

3.

The planning director in the administration and enforcement of the zoning regulations;

H.

Hear and decide each proposal for the revocation of a land use permit or variance.

(Prior code § 8-102)

(Ord. No. 287, § 5, 2-26-2020)

The design review board shall perform the functions of design review prescribed in Sections 8.72.010 through 8.72.200 and make reports or recommendations to the town council and planning staff on such other matters as may be referred to it.

(Prior code § 8-103)

(Ord. No. 287, § 5, 2-26-2020)

The office of the zoning administrator is established. The planning director is the zoning administrator.

(Prior code § 8-104)

The town council shall by resolution adopt rules and regulations for the transaction of business by the zoning administrator.

(Prior code § 8-105)

The zoning administrator shall, after notice to the planning commission, hear and decide each application for a variance permit and a conditional use permit, unless the zoning administrator determines, because of the probable controversial nature of the proposal or because of its significance to the town, the planning commission should hear and decide the application.

(Prior code § 8-106)

(Ord. No. 311, § 7, 12-13-2023)

The design review administrator shall be the planning director or the planning director's designee, as provided in Section 2.20.090.

The design review administrator shall perform the duties of that office prescribed in Section 2.20.090 and Chapter 8.72.

(Prior code § 8-107)

(Ord. No. 241, § 3, 9-25-2013)

There is in the town government a group of employees known as the planning staff. The administrative officer of the planning staff is the planning director. Subject to approval of the town council, the town manager shall determine which town employees comprise the planning staff.

(Prior code § 8-108)

The planning director is a town staff member designated by the town manager with powers and duties that include but are not limited to:

A.

Monitor and enforce provisions of Title 8 Planning and Zoning of the Moraga Municipal Code including processing of applications, abatements, and other enforcement actions;

B.

Interpret Title 8 Planning and Zoning of the Moraga Municipal Code to members of the public and to other town departments;

C.

Prepare and effect rules and procedures necessary or convenient for the conduct of the planning department's business. These may include the administrative details of hearings (e.g., scheduling, rules of procedure and record keeping);

D.

Delegate duties and responsibilities of the planning director to a designee of their choice;

E.

Prepare administrative regulations or procedures for submission and review of applications subject to the requirements of Title 8 Planning and Zoning of the Moraga Municipal Code and Government Code Section 65950;

F.

Review applications for conformance with Title 8 Planning and Zoning of the Moraga Municipal Code and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards;

G.

Review applications for discretionary permits and approvals under Title 8 Planning and Zoning of the Moraga Municipal Code for conformance with applicable submission requirements and time limits;

H.

Manage California Environmental Quality Act (CEQA) compliance on projects reviewed by the planning department;

I.

Make recommendations on revocation hearings, pursuant to Section 8.16.060 procedure for revocation;

J.

Process and make recommendations to the planning commission and town council on all applications, amendments, appeals and other matters upon which the town council has the authority and the duty to act under Title 8 Planning and Zoning of the Moraga Municipal Code;

K.

Serve as secretary of the planning commission;

L.

Delegate administrative functions to members of the planning department; and

M.

Other duties and powers as may be assigned by the town council, the town manager or established by legislation.

(Prior code § 8-109)

(Ord. No. 311, § 8, 12-13-2023)

Where the planning director is authorized either by a provision in this title or by direction of the planning commission, to exercise discretion in connection with a specific land use matter (such as to extend the period within which a permit shall be exercised, Section 8.16.030, or to approve substitution of use, Sections 8.36.020(C), 8.40.030(C) and 8.44.020), the planning director shall first give notice to the planning commission of intent to exercise the authority granted. Any member of the planning commission may elect to have the matter considered by the entire commission. In this case, the planning director shall schedule the matter for consideration by the planning commission at the earliest practicable time. The planning commission may make the determination itself or refer the matter back to the planning director.

(Prior code § 8-110)