129 / 194
Morgan Hill, California
123
Zucker Systems
As the above table shows, the City has created a Decision Making Authority structure
for the Planning Division, where the staff or Director has administrative decision-
making authority on fairly routine and applications, such as Conceptual Plan Reviews,
Downtown Administrative Use Permits, Minor Exceptions, Lot Line Adjustments,
Subdivision Exemptions, Sign Permits and others noted in the table above. In
California best practice communities, we often see that the less complicated
applications, which may be exempt from CEQA, are approved at the staff and/or
Director level, often over-the-counter.
The Planning Commission (PC) has been given recommendation authority on
legislative acts, such as Annexations, General Plan Amendments and others and
decision-making authority on Use Permits, Cultural Resource applications, Measure C
Residential Development Control System (RDCS), Parcel Maps, etc. In addition, the
PC acts as an Appeals body on Director decisions, which is a typical decision
authority structure.
The City Council has authority for legislative acts, such as General Plan and Zoning
Amendments. The Council also makes decisions on Development Agreements that
are largely associated with the Measure C RDCS, Lot Mergers, Extensions of Time,
Interim Use Permits and others.
Best practice communities are increasingly delegating more decision making to the
PC and Director/staff level, so that council is focused on legislative decision-making,
appeals and other matters, which is generally the case in Morgan Hill, as such we do
not recommend any changes to the decision-making authority structure.
Administrative Over-the-Counter Approval Processes
Best Practice communities have generally incorporated the philosophy of allowing
administrative approvals for routine types of applications, such as sign permits, minor
exceptions/deviations and minor amendments. To facilitate over-the-counter
approvals, simplified submittal requirements and approval criteria are adopted for
these processes. We are advocates of over-the-counter processes because they
expedite approvals on routine applications and free up staff time to focus on more
complex applications.
Staff stated the only planning application permits processed over-the-counter are Sign
Permits and Temporary Banner Permits because they do not require public notice
(e.g., adjacent property notice). The Development Services Technician and Planner on
Duty (POD) are generally responsible for processing over-the-counter planning
permits. Tree Removal Permits are not processed over-the-counter as we have seen in
other communities, due to the public notice (e.g., posting) requirements, which is
appropriate given that tree resources are controversial in the City.