Article 1. Local Planning of California Government Code >> Division 1. >> Title 7. >> Chapter 3. >> Article 1.
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.
(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 commission, 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.
The Hoopa Valley Business Council, as the governing body
of the Hoopa Valley Indian Tribe, may participate as a legislative
body, pursuant to subdivision (b) of Section 65101 on the Humboldt
County Association of Governments and shall be deemed to be a public
agency, pursuant to Section 6500, for purposes of Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.
The Legislature finds and declares that the unique circumstances of
Humboldt County necessitate this special law.
A legislative body may establish for its planning agency any
rules, procedures, or standards which do not conflict with state or
federal laws.
Each planning agency shall perform all of the following
functions:
(a) Prepare, periodically review, and revise, as necessary, the
general plan.
(b) Implement the general plan through actions including, but not
limited to, the administration of specific plans and zoning and
subdivision ordinances.
(c) Annually review the capital improvement program of the city or
county and the local public works projects of other local agencies
for their consistency with the general plan, pursuant to Article 7
(commencing with Section 65400).
(d) Endeavor to promote public interest in, comment on, and
understanding of the general plan, and regulations relating to it.
(e) Consult and advise with public officials and agencies, public
utility companies, civic, educational, professional, and other
organizations, and citizens generally concerning implementation of
the general plan.
(f) Promote the coordination of local plans and programs with the
plans and programs of other public agencies.
(g) Perform other functions as the legislative body provides,
including conducting studies and preparing plans other than those
required or authorized by this title.
The legislative body shall provide the funds, equipment, and
accommodations necessary or appropriate for the work of the planning
agency. If the legislative body, including that of a charter city,
establishes any fees to support the work of the planning agency, the
fees shall not exceed the reasonable cost of providing the service
for which the fee is charged. The legislative body shall impose the
fees pursuant to Section 66016.
In the performance of their functions, planning agency
personnel may enter upon any land and make examinations and surveys,
provided that the entries, examinations, and surveys do not interfere
with the use of the land by those persons lawfully entitled to the
possession thereof.
Upon request all public officials shall furnish to the
planning agency within a reasonable time any available information as
may be required for the work of the planning agency.
Any action brought in the superior court relating to this
chapter may be subject to a mediation proceeding conducted pursuant
to Chapter 9.3 (commencing with Section 66030).