The Community and Economic Development Department shall make the following findings:
(A) That the location of the accessory dwelling unit and the conditions under which it would be operated or maintained shall not be detrimental to the public health and safety, nor be materially injurious to properties or improvements immediately adjacent to the location of the accessory dwelling unit;
(B) That the accessory dwelling unit shall comply with applicable development standards contained in § 10.144.060 of this chapter; and
(C) That the accessory dwelling unit conforms to all applicable building, fire, health and safety codes, and may not have adverse or significant impacts on any real property that is listed or eligible for listing in the National Register or California Register of Historic Places.
(D) The Director of the Community and Economic Development Department (Director), or her/his designee, shall approve or deny accessory dwelling unit requests based upon the specified requirements. The applicant may appeal the decision of the Director to the Planning Commission, setting forth the reason for such an appeal to the Commission. Such appeal shall be filed with the Director, in writing, within ten days after notification of such decision. The appeal shall be placed on the agenda of the Planning Commission's next regular meeting. If the appeal is filed within 15 days of the next regular meeting of the Planning Commission, the appeal shall be placed on the agenda of the Planning Commission's second regular meeting following the filing of the appeal. The Planning Commission's review shall be limited to compliance with the specified requirements. The decision of the Planning Commission shall be final unless appealed to the City Council pursuant to Chapter 10.20.020 of the Tulare Municipal Code.
(Ord. 19-05, passed 10-1-2019)