Chapter 15.74
DISCRETIONARY PERMITS
Sections:
15.74.020 Site development permits.
15.74.030 Coastal development permits.
15.74.040 Conditional and administrative use permits.
15.74.050 Temporary use permits.
15.74.080 Sign permits and sign programs.
15.74.090 Time limits for processing.
15.74.100 Permit expiration and time extensions.
15.74.110 Modifications to discretionary permits.
15.74.120 Revocation of discretionary permits.
15.74.010 General provisions.
A. Purpose. This chapter sets out specific procedures for processing each kind of discretionary application, such as site development permits, conditional use permits, and others. These procedures are in addition to those set out in Chapter 15.70 AVMC, Review Procedures, which specify the decision-making authority for each type of permit, requirements for public hearings, and general procedures.
B. Who May File Applications. Unless expressly stated otherwise in this code, an application for a discretionary permit or other action under this chapter may be submitted only by the owner of the subject property, by an agent with written authorization from the property owner, or by a public agency.
C. No Processing if Violations Exist. Notwithstanding the provisions of this chapter, no discretionary permit shall be processed or approved if the city has identified any uncorrected violation of this code on the property. [Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.020 Site development permits.
A. Purpose. The purpose of a site development permit is to ensure that new development conforms to the development and design provisions of this zoning code, including but not limited to permitted uses, development standards, and supplemental regulations. For purposes of this code, a permit approving site, architectural, landscape and related development plans is included within the term “site development permit.”
B. Applicability and Exemptions. A site development permit is required for all projects which involve building construction except the following:
1. Individual single-family dwellings on existing single-family lots and alterations to single-family dwellings or associated accessory structures, unless a site development permit is otherwise required by an applicable condition of approval.
2. Temporary uses which require a temporary use permit per AVMC 15.74.050.
3. Minor modifications to an existing structure which the director determines will not result in a significant change in exterior appearance as viewed from a street.
4. Accessory structures and building additions under 500 square feet in floor area.
5. Minor modifications to existing land wherein the grading quantity is less than 5,000 cubic yards.
The preceding exemptions shall be subject to review by the director. The director shall determine if the application meets the numerical and other standards of this code and shall approve or deny accordingly either ministerially or administratively, as determined by the director. However, the director may refer the application to the city council for review as a site development permit if the director determines on a case-by-case basis that the public interest would be served by such referral.
C. Lighting Plans. The application shall include a lighting plan identifying the type, location and height of proposed lighting fixtures, with an associated photometric analysis showing lighting illumination levels and spillover. The lighting plan shall conform to the provisions of Appendix “A” of this code and shall be reviewed and approved by the planning director and the police services department prior to issuance of a building permit.
D. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any site development permit:
1. Consistency with General Plan. The project is consistent with the general plan and any applicable specific plan.
2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and is consistent with this code and any applicable specific plan.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, and roof style, is compatible with surrounding development.
5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements, is compatible with surrounding development.
6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project.
E. Conditions of Approval. If a site development permit is approved, conditions may be placed on the permit to ensure that the intent of the approval is achieved and/or to mitigate or eliminate adverse impacts on surrounding properties, residents, businesses or the general public.
F. Permit as Precise Development Plan. Upon approval, a site development permit constitutes a precise development plan for a project. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit.
G. Modifications. Modifications to site development permits shall be processed pursuant to AVMC 15.74.110.
H. Expiration and Time Extensions. Provisions for expiration of and time extensions for site development permits are as set out in AVMC 15.74.100.
I. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. [Ord. 2012-146 § 3 (Exh. A); Ord. 2012-141 § 26; Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.030 Coastal development permits.
A. Purpose. The purpose of a coastal development permit is to ensure that new development within the CZ coastal zone overlay district conforms to the development and design provisions of this zoning code. The coastal development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects.
B. Applicability and Exemptions. A coastal development permit is required for all projects within the coastal zone overlay district except the following:
1. Individual single-family dwellings on existing single-family lots and alterations to single-family dwellings or associated accessory structures, unless a coastal development permit is otherwise required by an applicable permit condition of approval.
2. Improvements on existing developed common lots owned by homeowners’ associations.
3. Temporary uses which require a temporary use permit per AVMC 15.74.050.
4. Improvements to or repair or maintenance of existing structures.
5. The replacement of any structure destroyed by natural disaster, provided such replacement structure conforms to applicable current zoning regulations, is designed and intended for the same use as the destroyed structure, does not exceed the floor area, height or bulk of the destroyed structure by more than 10 percent, and is sited in the same location on the same building site as the destroyed structure.
6. The installation, testing and placement in service or the replacement of any utility connection between an existing service facility and existing development.
7. Projects normally requiring a coastal development permit but which are undertaken by a public agency, public utility or person performing a public service as an emergency measure(s) to protect life and property from imminent danger or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or serious accident.
C. Lighting Plans. The application shall include a lighting plan identifying the type, location and height of proposed lighting fixtures, with an associated photometric analysis showing lighting illumination levels and spillover. The lighting plan shall conform to the provisions of Appendix A of this code and shall be reviewed and approved by the planning director and the police services department prior to issuance of a building permit.
D. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any coastal development permit:
1. Consistency with General Plan. The project is consistent with the general plan and any applicable specific plan.
2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, is compatible with surrounding development.
5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements, is compatible with surrounding development.
6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project.
E. Conditions of Approval. If a coastal development permit is approved, conditions may be placed on the permit to ensure that the intent of the approval is achieved and/or to mitigate or eliminate adverse impacts on surrounding properties, residents, businesses or the general public.
F. Appeals. Appeals shall be governed by AVMC 15.70.080 except as otherwise provided for by the California Coastal Act and/or its implementing regulations.
G. Effective Date of Decision. The city’s final decision on a coastal development permit application shall become effective after the twenty-first calendar day following the decision-making authority’s action, unless an appeal is filed pursuant to the provisions of this section.
H. Permit as Precise Development Plan. Upon approval, a coastal development permit constitutes a precise development plan for a project. Therefore, all development authorized under a coastal development permit and any land uses associated with the development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit.
I. Modifications. Modifications to coastal development permits shall be processed pursuant to AVMC 15.74.110.
J. Expiration and Time Extensions. Provisions for expiration of and time extensions for coastal development permits are as set out in AVMC 15.74.100.
K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the coastal development permit. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.040 Conditional and administrative use permits.
A. Purpose. The purpose of a conditional use permit or administrative use permit is to provide for individual approval or denial of land uses requiring such permits under this code. For purposes of this code, the term “use permit” includes both conditional use and administrative use permits. Conditional use permits and administrative use permits are required for the following categories of uses:
1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, residents, or businesses; for example, kennels or animal shelters.
2. Administrative Use Permits. Uses requiring an administrative use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses; for example, caretaker residences as an accessory use. For administrative use permits, the applicant may file an application without written consent of the property owner. However, the director shall notify the property owner in writing of the submission of the application at least five days prior to action on the permit.
B. Applicability. A conditional use permit or an administrative use permit is required for all land uses identified in this code as requiring such permits.
C. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of either a conditional use permit or an administrative use permit:
1. Consistency with General Plan. The land use is consistent with the general plan and any applicable specific plan.
2. Consistency with Zoning Code. The land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
D. Conditions of Approval. If a use permit is approved, conditions may be placed on the permit to ensure that the intent of the approval is achieved and/or to mitigate or eliminate adverse impacts on surrounding properties, residents, businesses or the general public.
E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit.
F. Modifications. Modifications to use permits shall be processed pursuant to AVMC 15.74.110.
G. Time Limits on Establishment of Use. The decision-making authority may impose a time limitation on establishment of the use pursuant to AVMC 15.74.100.
H. Staff Certification of Construction Documents. If development is provided for under the use permit, prior to issuance of a building permit the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the permit. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.050 Temporary use permits.
A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site for a temporary use is restored to its prior condition after the use ceases.
B. Applicability. A temporary use permit is required for temporary uses permitted under this code.
C. Administrative Review by Director. Temporary use permits shall be reviewed administratively by the planning director pursuant to AVMC 15.70.030. Appeals of decisions on temporary use permits shall be reviewed pursuant to AVMC 15.70.080 except that the appeal period shall be five days instead of 10.
D. Required Findings. Findings required for approval of a temporary use permit are those specified in the standards set out for such temporary uses in the applicable section of this code.
E. Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to ensure that the intent of the approval is achieved and/or to mitigate or eliminate adverse impacts on surrounding properties, residents, businesses or the general public.
F. Precise Development Plan. Upon approval, a temporary use permit constitutes a precise development plan. Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit.
G. Modifications. Modifications to temporary use permits shall be processed pursuant to AVMC 15.74.110.
H. Staff Certification of Construction Documents. If development is provided for under the temporary use permit, prior to issuance of a building permit the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the permit. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.060 Variances.
A. Purpose. The purpose of a variance permit is to allow deviation from a specific provision of this zoning code for the purpose of assuring that no property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone district.
B. Applicability. A variance permit is required for any development which does not conform to applicable site development standards or other regulations of this code and which is not eligible for consideration as an exception permit pursuant to AVMC 15.70.070.
C. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a variance permit:
1. Consistency with General Plan. The variance is consistent with the general plan and any applicable specific plan.
2. Consistency with Zoning Code. Except for the deviation allowed under this permit, the land use and associated development conform to the permitted use provisions and development standards of this zoning code and are consistent with this code and any applicable specific plan.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the permit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding.
6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property.
7. No Special Privileges. The variance permit’s required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.
8. Land Use Variances Prohibited. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district.
D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to ensure that the intent of the approval is achieved and/or to mitigate or eliminate adverse impacts on surrounding properties, residents, businesses or the general public.
E. Precise Development Plan. Upon approval, a variance permit constitutes a precise development plan. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit.
F. Modifications. Modifications to variance permits shall be processed pursuant to AVMC 15.74.110.
G. Expiration and Time Extensions. The decision-making authority may impose a time limitation on establishment of the variance permit pursuant to AVMC 15.74.100. Time extensions may be granted pursuant to AVMC 15.74.100.
H. Staff Certification of Construction Documents. If development is provided for under the variance permit, prior to issuance of a building permit the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.070 Exception permits.
A. Purpose. The purpose of an exception permit or sign exception permit is to provide for minor deviations from certain development standards set out in this code. Exceptions are deviations in standards which have little or no potential for adverse impacts on surrounding properties, residents, businesses or the general public. For the purposes of this section, the terms “exception” and “exception permit” shall mean the same thing and shall also include sign exceptions.
B. Applicability. An exception permit may be approved for the following deviations from standards:
1. Up to 10 percent reduction in minimum setbacks (for example, a reduction of one foot from a 10-foot setback requirement).
2. Up to 10 percent increase in maximum structure heights.
3. Modification or enlargement to a nonconforming portion of a residential structure if the current construction valuation of the alterations does not exceed 50 percent of the current construction valuation of the entire structure.
4. Increases in maximum fence height up to a maximum of 10 feet, as provided for in AVMC 15.14.030 and 15.22.030.
5. Other deviations as identified in this code.
C. Administrative Review by Director. Exception permits shall be reviewed administratively by the planning director pursuant to AVMC 15.70.030 unless otherwise expressly provided in this code or unless combined with another application which requires discretionary review by the city council pursuant to AVMC 15.70.050. Appeals of decisions on exceptions shall be reviewed pursuant to AVMC 15.70.080.
D. Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any exception permit:
1. Consistency with General Plan. The exception is consistent with the general plan and any applicable specific plan.
2. Consistency with this Title. Except for the deviation allowed under this permit, the land use and associated development conform to the permitted use provisions and development standards of this title and are consistent with this code and any applicable specific plan.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the permit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.
E. Conditions of Approval. If an exception permit is approved, conditions may be placed on the permit to ensure that the intent of the approval is achieved and/or to mitigate or eliminate adverse impacts on surrounding properties, residents, businesses or the general public.
F. Precise Development Plan. Upon approval, an exception permit constitutes a precise development plan. Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit.
G. Modifications. Modifications to exception permits shall be processed pursuant to AVMC 15.74.110.
H. Expiration and Time Extensions. The decision-making authority may impose a time limitation on establishment of the exception permit as defined in AVMC 15.74.100. Time extensions may be granted pursuant to AVMC 15.74.100.
I. Staff Certification of Construction Documents. If development is provided for under the exception permit, prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the adjustment. [Ord. 2012-141 § 27; Ord. 2012-140 § 3 (Exh. A); Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.080 Sign permits and sign programs.
Signs shall be regulated pursuant to Chapter 15.34 AVMC. Sign permits and planned sign programs shall be processed in accordance with the provisions therein. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.090 Time limits for processing.
Discretionary permit applications shall be processed within the time limits specified in Chapter 4.5 of the State Planning and Zoning Law (California Government Code Section 65920 et seq. as amended or superseded). Time periods specified in AVMC 15.70.080 regarding actions on appeals shall be in addition to the preceding California Government Code time limits. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.100 Permit expiration and time extensions.
A. Period of Validity. The period of validity for a discretionary permit shall begin on the permit’s effective date as set out in AVMC 15.70.060. The period of validity shall run indefinitely unless it expires pursuant to subsection (C) of this section.
B. Establishment. A discretionary permit shall be deemed established if the following actions occur within two years of the effective date of the approval or within such other time period designated by the approval:
1. Issuance of Ministerial Permit. In the case of a discretionary permit where ministerial permits are required, a building permit, grading permit, or functionally similar permit for the primary use or structure, as approved by the discretionary permit, was issued.
2. Establishment of Land Use. In the case of a discretionary permit where no ministerial permits are required, the land use authorized by the permit has been established as evidenced by the issuance of a certificate of occupancy. If such a certificate is not required, the land use will be deemed to have been established on the date that active operation of the use commences, as determined by the director.
C. Expiration. A discretionary permit shall expire and be of no further force or effect if:
1. Expiration of Period of Validity. The permit is not established within two years of the permit’s effective date or such other time period designated by the permit approval, by state law, or by this code; or
2. Abandonment. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year.
D. Time Extensions.
1. Extension. Upon application before expiration of the period of validity, the original decision-making authority may grant or conditionally grant an extension to the period of validity for up to one year per extension if it finds that such an extension is justified by the circumstances of the original findings for the project can still be made with, if necessary, the imposition of conditions not originally imposed on the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making authority. No more than two one-year extensions may be granted or conditionally granted, which shall not include extensions granted prior to April 15, 2020. If a project has established per subsection B of this section or that vested per AVMC 15.02.020(C) then the applicant need not apply for an extension, but may seek a zoning conformance letter from the director of community development confirming the project’s status.
2. Effective Standards. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards and conditions in effect at the time the extension is granted. [Ord. 2020-214 § 3; Ord. 2020-213 § 3; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.110 Modifications to discretionary permits.
A. Minor Modifications. Proposed modifications to project plans, conditions of approval or other provisions of approved discretionary permits may be submitted to the director. If the director determines that the proposed modifications will not result in a significant change in the project approved by the decision-making authority and comply with the spirit and intent of the original approving action, the director may approve the changes administratively as a minor modification.
B. Major Modifications. If the director determines that the proposed modifications may result in a significant change in the project, the director shall refer the change to the city council as a major modification. Major modifications include changes which entail substantial revisions to building footprints, site or landscape design, building appearance, grading design, parcelization, conditions of approval, new or additional land uses, or similar major project changes. Major modifications shall be reviewed as follows:
1. Major modifications shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the filing fee or deposit which is required for an original application.
2. Such modifications shall be processed in the same manner as an original application. A discretionary permit may be modified any number of times by the approval of subsequent applications.
3. All permit modifications shall be for the same property for which the discretionary permit was previously approved. [Ord. 2012-141 § 28; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.74.120 Revocation of discretionary permits.
A. Grounds for Revocation. Any discretionary permit may be revoked by the original decision-making authority pursuant to the provisions of this section on any of the following grounds:
1. The permit approval was based on inaccurate or misleading information.
2. One or more of the conditions upon which such approval was granted or extended have been violated.
3. The findings which were the basis for the original permit approval can no longer be made.
4. The land use or development allowed by the permit has created a public nuisance.
5. Other grounds as set out elsewhere in this code.
B. Hearing Required. Prior to any action on revocation, the decision-making authority shall hold a public hearing noticed and held in accordance with AVMC 15.70.070, except that the permittee shall be given not less than 15 days’ notice. The notice shall state the causes for which the revocation is to be considered.
C. Action of Decision-Making Authority. Following the hearing, the decision-making authority may revoke the permit without further recourse or may revoke the permit subject to reinstatement upon compliance with the conditions of the original permit and/or new or additional conditions.
D. Amortization. If a revocation of any permit is ordered, the decision-making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision-making authority by any affected person.
E. New Decision-Making Authority. If the decision-making authority which granted a permit is no longer in existence or no longer issues such permits, the city council shall be the decision-making authority as that term is used in this section. [Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].