§ 9-1-110. Discretionary actions.

(a)

Definition of discretionary action. A discretionary action is an action which the city has the right to either approve, approve subject to conditions, or disapprove. This subarticle sets forth the procedures for processing discretionary and other applications, and the criteria and conditions necessary so that an appropriate decision may be made by the city on each such application. For the purposes of this subarticle, certain "ministerial" actions, which require little or no discretionary judgment (such as the issuance of a certificate of occupancy), are included within the term "discretionary action."

(b)

Persons who may file applications. An application for a discretionary permit or other discretionary action such as a zone change or general plan amendment may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency.

(c)

Application filing. Applications for discretionary permits or other discretionary actions shall be filed with the Community Development Department, on forms prescribed by the director, together with:

(1)

All maps, plans, documents and other materials required by the director; and

(2)

All required fees per section 9-1-119. The director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge.

(d)

Determinations regarding applicability. When it is not immediately apparent which type of discretionary action applies to a proposed project, the director shall decide. The director's decision shall be based on the director's determination of the characteristics of the project and the purpose of each discretionary action as set forth in this subarticle. In cases where the director concludes that the determination may materially affect achievement of the objectives of this zoning code, as stated in section 9-1-10, or if the director determines on a case-by-case basis that the public interest would be better served by such referral, the director shall refer the determination of applicability to the planning commission.

(e)

Combined applications. At the discretion of the director, applications for different types of permits or other discretionary actions may be combined and processed concurrently in one application with one fee deposit so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications:

(1)

When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing.

(2)

The decision on each component of the combined application shall be made by the applicable decision-making authority pursuant to table 11.1 following. For example, if an application combines a use permit and a zone change, the planning commission shall decide on the use permit and the city council shall decide on the zone change.

(3)

The applicable fee(s) shall be deposited in accordance with section 9-1-119.

(f)

Legal actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this subarticle shall be governed by the applicable provisions of the state planning and zoning law.

(Ord. No. 99-107, § 5, 2-2-99)