(a) Applications Subject to Standard Staff Review Process
The following applications are subject to the review process set forth in this section:
(1) Variances, conditional use permits, neighborhood preservation exceptions; and
(2) Other permits and approvals for which such review process is required by the provisions of Title 2, Title 12 or Title 18.
(b) Notice of Application Completeness
Not later than thirty days after an application has been received, the director shall notify the applicant in writing whether the application is complete. If the application is determined not to be complete, procedures outlined in Section 18.77.030 shall apply.
(c) Decision by the Director
Not less than twenty-one days following the date an application is deemed complete:
(1) The director shall prepare a proposed written decision to approve, approve with conditions, or deny the application.
(2) Notice of the proposed director’s decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. The notice shall include the address of the property, a brief description of the proposed project, a brief description of the proposed director’s decision, the date the decision will be final if no hearing is requested, and a description of how to request a hearing.
(3) The proposed director’s decision shall become final fourteen days after the date notice is mailed unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issued the proposed decisions.
(4) Any party, including the applicant, may request a hearing of the planning and transportation commission on the proposed director’s decision by filing a written request with the planning division.
(d) Withdrawal of Hearing Request
(1) At any time prior to the hearing, the applicant and the person or persons requesting a hearing may meet to discuss ways to address the concerns with the application. The applicant may then modify the application to address such concerns. With the consent of the applicant and the person or persons requesting a hearing, the director may issue a revised proposed decision. The revised proposed decision shall identify the modifications made to the previously issued decision. Upon the issuance of a revised proposed decision by the director, the person or persons requesting a hearing shall withdraw such request.
(2) Notice of the proposed director’s decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, the specific modifications made to the application, the date the decision will be final, a description of how to request a hearing, and a statement that any request for a hearing on the revised decision is limited to those modifications.
(3) The revised proposed director’s decision shall become final fourteen days after the date notice is mailed unless a request for a hearing is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time he or she issues the proposed decision.
(e) Hearing and Recommendation (Upon Request) by the Planning and Transportation Commission
(1) Within 45 days following the filing of a timely hearing request of a proposed director’s decision or revised proposed director’s decision the planning and transportation commission shall hold a hearing on the application, unless the request is withdrawn as described above.
(2) Notice of the revised director’s decision shall be given by mail to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the proposed project, and the date, time and location of the hearing.
(3) Following the hearing, the planning and transportation commission shall make a recommendation on the application, which shall be forwarded to the city council.
(f) Decision by the Council
The recommendation of the planning and transportation commission on the application shall be placed on the consent calendar of the council within 45 days. The council may:
(1) Adopt the findings and recommendation of the planning and transportation commission; or
(2) Remove the recommendation from the consent calendar, which shall require three votes, and direct that the application be set for a new noticed hearing before the city council, following which the city council shall adopt findings and take action on the application:
(g) Final Decision by the Council
The decision of the Council is final.
(Ord. 5493 § 5, 2020: Ord. 5432 § 16 (part), 2018: Ord. 5373 § 24 (part), 2016; Ord. 4959 § 3, 2007: Ord. 4826 § 118 (Exh. 3 (part)), 2004)