CHAPTER 9
REVIEW AND APPROVAL PROCESS
REVIEW AND APPROVAL PROCESS
SECTION:
15-9-1: Administrative Approvals Without Notice
15-9-2: Planning Commission Review And Recommendation
15-9-3: City Council Action
15-9-4: Procedures For Open Record Public Hearings
15-9-5: Procedures For Closed Record Appeals
15-9-6: Reconsideration
15-9-7: Remand
15-9-8: Final Decision
15-9-9: Joint Public Hearings
A. Specified: The administrator may approve, approve with conditions, or deny the following:
1. Type 1 and 2 permits as described in section 15-4-1 of this title.
2. Extension of time for approval.
3. Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not affect: a) overall project character; b) increase the number of lots, dwelling units, or density; or c) decrease the quality or amount of open space.
Administrator's decisions under this section shall be final on the date issued unless appealed. (Ord. 778, 10-30-2003, eff. 11-11-2003)
Planning commission decision and action authority is defined in chapter 4 of this title.
A. Staff Report: The administrator shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the development's consistency with the comprehensive plan, development code, and other adopted plans and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development application. (Ord. 778, 10-30-2003, eff. 11-11-2003)
B. Hearing: The planning commission shall conduct an open public hearing on development proposals requiring type 3a approvals except for architectural design reviews. The purpose of public hearings is for taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the city's comprehensive plan, development code, appropriate decision criteria and other adopted plans and regulations. Notice of the planning commission hearing shall be in accordance with chapter 7 of this title. (Ord. 887, 9-8-2010)
C. Required Findings: The planning commission shall not approve or recommend approval of a proposed development unless it first makes the findings and conclusions consistent with the criteria set forth in titles 11, 12 and 13 of this code for the specific permit involved.
D. Recommendation: Upon completion of its review of a development proposal, the planning commission shall prepare and adopt a resolution setting forth the planning commission's findings, conclusions and recommendations and promptly forward it to the city council for consideration. The recommendation may be for approval, approval with conditions, or denial based on the findings and conclusions of subsection C of this section. Findings and conclusions pertaining to architectural design review shall become part of the decision record for planning commission approval, approval with conditions, or denial. (Ord. 778, 10-30-2003, eff. 11-11-2003)
A. Actions: Upon receiving a recommendation from the planning commission or notice of any other matter requiring the city council's attention, the city council shall perform the following actions as appropriate:
1. Make a decision on a planning commission recommendation.
2. At the city council's discretion, hold a closed record hearing and make a decision on the following matters:
a. Appeal of administrative interpretations.
b. Appeal of administrative approvals.
c. Appeal of determinations of significance.
d. Appeal of a planning commission recommendation.
e. Other matters not prohibited by law.
B. Decisions: The city council shall make its decision by motion, resolution, or ordinance as appropriate.
1. A city council decision on a planning commission recommendation shall include one of the following actions:
a. Approve as recommended.
b. Approve with additional conditions.
c. Modify, with or without the applicant's concurrence, provided that the modifications do not:
(1) Enlarge the area or scope of the project.
(2) Increase the density or proposed building size.
(3) Significantly increase adverse environmental impacts as determined by the responsible official.
(4) Deny (reapplication or resubmittal is permitted).
(5) Deny with prejudice (reapplication or resubmittal is not allowed for 1 year).
(6) Remand for further proceedings and/or evidentiary hearing in accordance with section 15-9-7 of this chapter. (Ord. 778, 10-30-2003, eff. 11-11-2003)
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