§ 22.08.070 SIMULTANEOUS CONSIDERATION OF DISCRETIONARY ENTITLEMENTS.
   (A)   Where any project requires consideration of multiple discretionary entitlements and the applicant wishes such applications to be considered simultaneously, then, notwithstanding any other provision of this Municipal Code, all consideration of such entitlements shall be for purposes of generating a recommendation until the entitlements are elevated to the most senior approving authority required for any one of the entitlements, which authority shall have the final approval for all entitlements (unless an appeal remains to higher approving authorities). Thus, by way of illustration only, an application for a project involving a zone change, a tentative map and Design Review Board design approval would be considered by both the Design Review Board and the Planning Commission for purposes of making a recommendation to the City Council. If the City Council were then to approve the zone change, the City Council would also have the authority, in this limited circumstance, to approve the final design, as well as the tentative map. Any subsequent amendment or modification of any particular discretionary entitlement that would not normally be considered by a more senior approving authority would be considered by the more junior approving authority, as otherwise provided for in this code. Thus, in the example herein, a subsequent modification of the tentative map could be considered and approved by the Planning Commission, without further consideration by the City Council (absent an appeal).
   (B)   For purposes of this section “discretionary entitlement” does not include non-discretionary entitlements such as building permits, zone clearances and grading permits. If the Director of Community Development is unclear as to whether an entitlement is discretionary or non-discretionary in this context, the Director may include such entitlement with other discretionary entitlements to be considered.
(Ord. 4580, passed 6-27-11; Am. Ord. 4735, passed 5-14-18)