Pacific Grove City Zoning Code

With the exception of wireless telecommunications permits, the approval of the community development permits listed in Table 23.70.012-1 shall become effective on the eleventh day following the date of approval by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 23.74 PGMC (Appeals and Call-Ups).

Notwithstanding any other provision of this title, wireless telecommunications decisions shall be final, and any wireless permit approved shall be effective on the day after the time for appeal of the reviewing authority's action under Chapter 23.74 PGMC expires.

Form and Amount of Security. The required security shall be in a form approved by the chief planner. The amount of security shall be as determined by the chief planner to be appropriate.

Duration of Security. Required security shall remain in effect until final inspections have been made and the chief building official has accepted all work, or until any warranty period required by the chief building official has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

Release or Forfeit of Security.

Expiration. Any community development permit granted in compliance with these regulations shall expire if a completed building permit application has not been submitted within one year from the date of approval. Upon expiration or revocation of a building permit, the community development permit shall also expire, unless extended under subsection (c) of this section.

Extensions of Time by Review Authority. The initial review authority is authorized to extend the period for use of a community development permit up to two years from the date of approval, as an express provision at the time of approval, where it is anticipated that the processing of other governmental approvals related to the project will delay start of construction beyond the year.

Extensions of Time by Chief Planner. The chief planner is authorized to renew any community development permit that would otherwise expire after one year. Renewals shall be for one year with a maximum of two renewals. If the property, as on or before April 20, 2022, is on the water wait list described in Chapter 11.68 PGMC, the community development permit shall be valid for five years from the effective date of the ordinance codified in this section, and also thereafter for one additional five-year optional renewal period.

Action on Extension Requests. An application for a time extension shall be made prior to the permit expiration date. If a finding is made that the applicant could not have avoided the delay, the application shall be granted up to the maximum allowable under subsection (c) of this section.

Review of Chief Planner's Decision. Any approved time extension shall be reported to the review authority that granted the initial entitlement at its next available regularly scheduled meeting. In the case of the architectural review board and planning commission, upon the affirmative vote of a majority of its total members, the review authority shall set the time extension for hearing de novo within 21 days. In the case of the zoning administrator, he or she may decide to set the time extension for hearing de novo within 21 days. Failure to set the matter for hearing shall be deemed ratification of the chief planner's approval of the extension.

Permits for Wireless Telecommunications Facilities. Because the city is compelled by federal law to issue a permit for a wireless eligible facilities request without following the procedures otherwise applicable under the PGMC, each permit shall provide that it is a conditional permit, and if the federal laws or regulations change, the city may impose additional conditions on the permit or take any other action consistent with the federal laws or regulations, as amended, including but not limited to requiring permittee to bring the wireless telecommunications facility and any supporting structure into compliance with applicable provisions of the PGMC.