24.500.060 Standard procedures.
The procedures for processing applications described in this title shall adhere to the following standard procedures, except if more specific procedures are otherwise listed in this title:
A. Initiation. A request for an entitlement or permit listed in this title may be initiated by application by the property owner or agent, as prescribed in Section 24.500.030.
B. Coastal Permit. Any application within the coastal zone shall be subject to the provisions of Chapter 24.515, in addition to the provisions of this chapter.
C. Decision-Making Authority. When multiple, interrelated applications are submitted for a proposed project that requires, as a necessary component, one or more actions by a combination of the city council, planning commission, or director, the final decision-making authority shall be as follows:
1. When decision-making authority for components of the proposed project is shared between the planning commission and director, the director shall forward the entire project application package to the planning commission who shall become the decision-making authority for all component applications.
2. When decision-making authority for components of the proposed project is shared between the city council and other decision-making authorities, the decision-making authority shall become a recommending body for the entire project application package, and the city council shall become the decision-making authority for all component applications.
D. Referrals. The director may forward any application to the design review committee or historic preservation committee for a recommendation. The director may forward any application for which the director is authorized to take an administrative action to a director’s hearing or to the planning commission for final action.
E. Notice and Hearing. Agenda items for decision-making authorities that require a public hearing shall be scheduled and noticed as required by Chapter 24.560.
F. Voting Procedure. In any instance where the decision-making authority is a decision-making body of two or more members, all actions relating to an application shall be by a majority vote of the decision-making authority present and voting. Any tie vote or other action that fails to receive a majority vote shall constitute a denial.
G. Action by Decision-Making Authority. The decision-making authority may take the following actions on a permit application.
1. Approval. The decision-making authority may grant an application and impose such conditions that it deems necessary or desirable to ensure that the development authorized by the permit will be established, operated, and maintained in accordance with the findings and all other requirements of this zoning ordinance, this code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
2. Denial. The decision-making authority may deny an application upon finding that the proposed application, or any component thereof, does not, or may not, comply with the applicable requirements of this title or that the proposed application is otherwise inconsistent with the purposes of this zoning ordinance as set forth in Section 24.105.030.
An application that is denied may not be refiled within one year after the date of denial if the refiled application is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project or the laws or regulations applicable to the proposed project. All applications that are refiled after being denied shall be accompanied by the prescribed filing fee.
H. Appeals. Action by the decision-making authority may be appealed to the city council as provided by Chapter 24.565, unless the city council was the decision-making authority, in which case the action is final.
I. Written Acknowledgment Required. Within the time period specified in the conditions of approval of the granted application, the applicant shall file with the director a written acknowledgment of the terms and conditions of the permit.
J. Effect. No final inspection or occupancy permit shall be granted unless the completed work complies with the plans approved and the conditions required by the decision-making authority. The colors, materials, building design, landscaping, site layout, and signs shall be established and maintained in accordance with the approved plans unless approval to the contrary is granted by the decision-making authority which granted the original approval.
K. Failure to Comply With Conditions. Failure to comply with any terms or conditions of an approved application, including failure to implement the project within the allowed time frame, is a violation of this zoning ordinance subject to the enforcement provisions prescribed by Chapter 24.580 and any and all other penalties and remedies that may be provided by law. An approved application may be revoked, or the conditions of its approval may be reevaluated, as provided by Chapter 24.570.
L. Permit Amendment. Procedures for amending approved permits are as provided in Chapter 24.570. (Ord. No. 2021-017, § 63, 12-13-21)