(a) The Planning Commission shall review the development plan according to the criteria in Section 1133.10, and any comments received from City departments in their review of the development plans.
(b) Following its review of a development plan, the Planning Commission shall:
(1) Approve the development plan as submitted; or
(2) Approve the development plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(3) Deny the development plan when the application does not demonstrate that the required standards have been met; or
(4) If a development plan is found to not be in compliance with this Code, the Planning Commission may recommend revisions to be made by the developer and postpone action on the development plan until the next scheduled Planning Commission meeting.
(c) The City shall promptly furnish the applicant with its decision on the development plan.
(d) Failure of the Planning Commission to act within 60 days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.
(e) Re-application after Denial. The Chief Building Official shall accept no re-application for a development plan unless the re-application is based on a revised application that addresses the reasons for the denial of the initial application. A re-application shall comply with all the requirements of this chapter, including payment of the required fee. If an application is denied as a result of subsection (d) hereof, failure of the Planning Commission to act, the Chief Building Official shall accept a re-application for development plan review that has not been revised from the previous submittal.
(f) Issuance of Building Permit. The Chief Building Official may issue a building permit after a development plan is approved, or approved with conditions, by the Planning Commission, provided that all other requirements of all other applicable City codes related to the issuance of a building permit are satisfied, including the following:
(1) At the Chief Building Official's discretion, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the City a security approved by the City Engineer in the amount of the estimated cost of the required physical improvements as determined by the City Engineer. The agreement and the security shall provide for completion of all work within a time specified to be determined by the City Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the development plan or the installation of improvements as required by this Zoning Code shall not obligate the City to accept improvements for maintenance, repair or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(Ord. 2021-2. Passed 1-25-21.)