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(a) Applications Subject to Low-density Residential Review Process
The following applications are subject to the review process set forth in this section:
(1) Individual review applications, home improvement exception applications; and
(2) Other permits and approvals for which such review process is required by the provisions of this title (Zoning).
(b) Notice of Application Submittal
Within three days of submittal of an application, notice that the application has been submitted shall be given by mail to owners and residents of property adjacent to the subject property, and shall be posted at the subject property until approval, denial or withdrawal of the application. The notice shall include the name of the applicant; the address of the proposed project; and information on when and how comments will be accepted by the city. The mailed notice shall also include a description of the project.
(c) Comment Period
The comment period shall be twenty-one days beginning on the third business day after an application is submitted. If notice is mailed or posted on a later date, the comment period shall begin on the later date. Written comments received by the city during this period shall be considered as part of the staff review. Only one comment period is required. If plans are revised during or following the comment period, a statement that the plans have been revised shall be included in the notice of the proposed director's decision set forth in subsection (e).
(d) Decision by the Director
Following completion of the comment period and any staff review:
(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 mailed to owners and residents of property adjacent to the subject property, and any person who has made a written request for notice of the decision. 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.
(4) The applicant or the owner or occupier of an adjacent property may request a director's hearing on the proposed director's decision by filing a written request with the planning division before the date the proposed director's decision becomes final. There shall be no fee required for requesting such a hearing.
(5) The time limits set forth in this subsection (d) may be extended upon the written request of the applicant.
(e) Director's Hearing (Upon Request)
(1) Following the filing of a timely hearing request of a proposed director's decision the director shall hold a hearing on the application. A hearing request received after the expiration of the time limits set forth in subsection (d)(3) shall not be considered.
(2) Notice of the director's hearing shall be mailed ten days prior to the hearing to the project applicant, to owners and residents of property adjacent to the subject property, and to any person who has made a written request for such notice. 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) At the time and place set for hearing the director shall hear evidence for and against the application or its modification. The hearing shall be open to the public.
(f) Final Director's Decision
(1) The director shall issue a written decision approving, approving with conditions, or denying the project application within fourteen days of the hearing.
(2) Notice of the director's decision shall be mailed to the project applicant, the owners and occupants of all adjacent properties, and any person requesting notice of the decision. 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 appeal is filed, and a description of how to file an appeal.
(3) The director's decision shall become final fourteen days after the date notice is mailed unless an appeal is filed. The director may, for good cause, specify in writing a longer period for filing an appeal at the time he or she issues the proposed decision.
(4) The applicant or the owner or occupier of an adjacent property may file an appeal of the director's decision by filing a written request with the City Clerk before the date the director's decision becomes final. The written request shall be accompanied by a fee, as set forth in the municipal fee schedule.
(g) Decision by the City Council
If a timely appeal is received by the City, the director’s decision on the application shall be placed on the consent calendar of the city council within 45 days. The city council may:
(1) Adopt the findings and recommendation of the director; 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.
(h) Decision by the City Council Final
The decision of the city council is final.
(Ord. 5373 § 24 (part), 2016; Ord. 4869 § 39, 2005)