17.64.060 Director review and approval permits and conditional use permits—Hearing—Decision and findings.
A. Director Review and Approval Permit. The planning director shall render a decision on the application within ten days after the proposed date of “planning director decision” included in the public notice, as described in Section 17.64.050(A). The decision shall grant in modified form, conditionally grant, or deny the requested director review and approval permit as follows:
1. Approval/Conditional Approval. In the case where no public comments in opposition to the request have been received and the planning director is able to make the appropriate findings as noted in subsection B of this section, the planning director will grant approval or conditional approval. For conditional approvals, the planning director may apply conditions of approval upon the entitlement as noted in subsection D of this section.
2. Referral to Planning Commission. In the case where public comments in opposition to the request have been received, the planning director shall either deny or refer the proposed request directly to the planning commission for a public hearing and decision. If the proposed use is referred to the planning commission, the noticing and hearing procedures in Section 17.64.050(B), Hearings—Notices, shall apply.
3. Denial. In the case where public comments in opposition to the request have been received and the planning director is unable to make the appropriate findings as noted in subsection B of this section, the planning director will deny the application. Such denial may be appealed per Section 17.64.090.
B. Findings Required for Director Review and Approval Permit. A director review and approval permit shall be granted only when it is found that:
1. The granting of such director review and approval permit would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the property is located; and
2. The granting of the director review and approval permit is necessary to permit an appropriate improvement or improvements on a lot or lots, including, but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero-lot-line or other atypical subdivision development; and
3. The granting of the director review and approval permit would not be inconsistent with the purposes and intent of Title 17 of this code.
C. Conditional Use Permit. Following the public hearing, the planning commission or city council may grant, grant in modified form, conditionally grant, or deny the requested conditional use permit. Such decision shall be reflected in a formal resolution containing the findings and the facts upon which the findings are based.
D. Findings Required for Conditional Use Permit. A conditional use permit shall be granted only when it is found that:
1. The proposed use is deemed essential or desirable to the public convenience or welfare; and
2. The proposed use is in harmony with the various elements and objectives of the general plan and applicable specific plans.
E. Conditions. The issuance of any director review and approval permit or conditional use permit pursuant to this title may be granted subject to such conditions as may be deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare. Dedications of real property may be required and improvements of public streets shall be in accordance with standard specifications of the city on file in the office of the city engineer.
F. Exercise of Rights. The exercise of rights granted by a director review and approval permit or conditional use permit shall be commenced within two years after the date of the final decision.
G. Termination of Rights. The director review and approval permit or conditional use permit shall terminate, and all rights granted therein shall lapse, and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 of this code applicable to the zone in which such property is classified, when any of the following occur:
1. There is a failure to commence the exercise of rights as required by subsection E of this section, or within any duly granted extension;
2. There is a discontinuance for a continuous period of one year of the exercise of the rights granted.
H. Extension of Time. Any time limit contained in this chapter or in any decision, for good cause shown, may be extended by the body issuing the initial conditional use permit or director review and approval permit for a period which shall not exceed one year.
1. The property owner may request an extension of the time limit by written application to the planning director or designee. Such application shall be filed before the expiration date of the conditional use permit or director review and approval permit. The application shall provide reasons for extension of the permit.
2. Upon the receipt in proper form of an application for an extension, along with the fee adopted pursuant to Section 3.70.040, the planning director shall fix a time and place of public hearing thereon. The hearing shall be noticed as set forth in Section 17.64.050(B).
3. Following the public hearing, the hearing body shall approve, conditionally approve, or deny extension of the conditional use permit or director review and approval permit.
I. Revocation of Rights. The planning commission may revoke the rights granted by such director review and approval permit or conditional use permit and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 of this code applicable as of the effective date of revocation. Such revocation shall be for good cause, including, but not limited to, the failure to comply with conditions or complete construction as required by subsection G of this section, the failure to comply with any condition contained in the director review and approval permit or conditional use permit, or the violation by the owner or tenant of any provision of the municipal code pertaining to the premises for which such director review and approval permit or conditional use permit was granted.
1. Notice of the intent to revoke shall be given, together with the reasons therefor, either by personal delivery to the occupant of such premises, to the owner of such premises, to any person indicated in the permit as being entitled to exercise the permit, or by deposit in the United States mail, postage prepaid, addressed to such person(s) at his or her last known business or residence address as the same appears in the records of the director review and approval permit or conditional use permit. Service by mail shall be deemed to have been completed at the time of deposit in the post office, or any United States mailbox.
2. The decision of the planning commission shall be final, subject to appeal to the city council within ten days after notice.
3. When a proper appeal has been filed, public hearing upon the matter shall be set before the city council within a reasonable time after the appeal is filed.
4. Not less than ten days before the date of such public hearing, notice of the time and place of the hearing before the body shall be given as set forth in Section 17.64.050(B).
5. On appeal, the city council may affirm the revocation, overturn the revocation or modify the order of revocation.
6. The decision of the city council shall be final and conclusive.
J. Date of Issuance. No permit or license for any use involved in an application for a director review and approval permit or conditional use permit shall be issued until same has become final by reason of the failure of any person to appeal or by reason of the action of the city council. (Ord. 5020 § 5, 2020; Ord. 4913 § 1, 2017; Ord. 4681 § 1, 2012; Ord. 4557 § 1, 2009; Ord. 3746 § 17, 1997)