Chapter 20.95
APPLICATION AND STAFF REVIEW
Sections:
20.95.000 Scope.
20.95.010 Application.
20.95.020 Review by other departments.
20.95.030 Staff analysis and report.
20.95.040 Staff decision – No notice required.
20.95.050 Staff decision – Notice required.
20.95.000 Scope.
This chapter establishes the staff review procedure for all permits or approvals required by ECDC Title 20.
20.95.010 Application.
A. Filing. All applications shall be filed with the community development director, unless a state statute specifies otherwise. The community development department shall provide a needed application form. Application fees shall be as set in Chapter 15.00 ECDC.
B. Required Information. The applicant shall provide the information from the following as prescribed by the community development director:
1. Applicant's name and address;
2. Owner's name, address, proof of ownership, and written consent if the applicant is not the owner (owner's consent not required for noncontract rezones);
3. If a public hearing is required or optional, a list of the names and mailing addresses, as shown on the records of the county assessor, of the owner of property and the street addresses of the property which is within 80 feet of the boundaries of the project site, or the distance set forth more specifically in the applicable chapter, such as ECDC 20.18.020 (Group Homes);
4. A site plan, to scale, showing the proposed layout of structures and other site development;
5. Architectural drawings, to scale, of all exterior elevations and signs, with exterior surfaces and colors specified;
6. A landscape plan, to scale, preferably combined with the site plan, showing all existing and proposed vegetation including vegetation to be removed, as well as fences, walls, walks and so forth;
7. The applicant shall clearly specify on the plans, or in a separate written statement, how the proposed development meets the requirements of this title;
8. Further information required by the portion of the community development code that governs the type of application;
9. Further information required by general rules adopted by the community development director and information required by the community development director to properly review an individual application;
10. Further information required by the staff, hearing examiner or city council;
11. A release of the city from all damages arising from any action or inaction of the city based on false, misleading or incomplete information furnished by the applicant or other members of the public;
12. The location by address and legal description of the site;
13. Permission for city staff to inspect the site.
C. Date of Filing. The community development director shall review all applications and accept for filing only those which include all the information required by the city code directly above. The date of filing shall be the date the application is accepted for filing. When an environmental impact statement or a proposed negative declaration is required, the date of filing shall be the day on which the final environmental impact statement or final negative declaration is available to the public.
D. Initiation. An owner, or authorized agent, may apply for property owned by the owner. The city may begin a rezone, street map change, comprehensive plan change, text change or permit change, by motion of the city council or planning advisory board, and a street vacation by resolution of the city council. Any interested party may apply for a rezone on any property.
20.95.020 Review by other departments.
The community development director shall promptly send copies of the application to each department which has requested copies of the type of application that has been filed, and to other departments which may have an interest in the individual application.
20.95.030 Staff analysis and report.
A. Staff Hearing. If a public hearing is to be held on an application, the community development director shall visit the site and prepare a staff report, send a copy of the report to the applicant, and make the report available to the public at least one week before the hearing. The report shall contain an analysis of the proposal, including a comparison of the proposal to the criteria, standards and findings contained in the community development code for the type of application being reviewed. The report shall also contain proposed general findings, finding of fact and conclusions. If the report recommends approval, it shall also contain recommended conditions of approval. The community development director shall summarize the comments of other departments, incorporate them into the staff recommendation and attach them to the report if the comments are lengthy or complex.
B. Hearing Examiner Hearing. If the hearing examiner will be holding the hearing, one week before the hearing the community development director shall provide a copy of the staff report to the hearing examiner, along with other information in the application file.
C. No Hearing. If no hearing is to be held on the application, the staff may use a summary form or checklist to review the application, with written conclusions as to whether the proposal meets the standards and criteria of the community development code. This document shall be available for public review.
20.95.040 Staff decision – No notice required.
A. Scope. The following permits and approvals are reviewed under this procedure:
1. Check of building permits for zoning compliance.
2. Threshold determinations and approval of a draft environmental impact statement under Chapter 20.15 ECDC.
3. Such other matters as may be specifically referred by city code.
B. Procedure. The director of community services or his or her designee shall decide whether to approve, conditionally approve, or deny the application, based on the staff report. The decision shall be in writing, and shall be appealable to the hearing examiner under Chapter 20.105 ECDC.
C. Optional Reconsideration. A permit applicant may request a reconsideration of the decision issued under this section by either the original decisionmaker or the planning manager. If the applicant requests reconsideration by the planning manager and the planning manager is not available to render a decision within the time limits required by the ECDC, the planning manager shall designate a supervisor of the original staff decisionmaker to rule on the reconsideration. The request for reconsideration shall be filed in writing with the planning manager within 14 working days after the date of the decision being appealed. The requested decisionmaker for the reconsideration shall approve, conditionally approve, or deny the application. The decision shall be in writing, and shall be appealable to the hearing examiner under Chapter 20.105 ECDC. This subsection shall not apply to decisions identified in ECDC 20.95.040(A)(2). [Ord. 3112 § 23, 1996].
20.95.050 Staff decision – Notice required.
A. Scope. The following permits and approvals are reviewed under this procedure:
1. Extensions of time for subdivisions, conditional use permits, and planned residential developments.
2. Minor changes to a preliminary approval of a subdivision.
3. Lot line adjustments.
4. Home occupations.
5. Joint use of parking.
6. Guest houses.
7. Such other matters as specifically referred by the city code.
8. Preliminary plats of short subdivisions.
9. Changes to recorded short subdivisions.
10. Conditional use permits for mini day-care facility.
11. Request for exemption of geologically hazardous areas.
B. Procedure. The planning manager or designee shall decide whether to approve, conditionally approve, or deny the application based upon the staff report.
1. Notice. The director of community services shall give notice of the decision as specified in ECDC 20.91.010. The notice shall contain at least the following:
a. A general description of the proposal and decision.
b. A nonlegal description or map of the location of the property including the street address, if there is one.
c. The place where further information is available.
d. The date on which the reconsideration or appeal period ends which shall be no less than 10 days from the date of posting.
e. A statement that the preliminary decision will become final unless a request for staff reconsideration is filed with the planning department on or before the date specified by the notice and that the planning manager's decision following such reconsideration will become final unless a written appeal is filed with the planning department on or before the date specified in the notice of such reconsideration decision.
2. Reconsideration. If a written request for reconsideration or clarification of the staff decision is filed with the planning department
within 10 working days of the posting of the notice required by this section, the staff shall reconsider its decision and either affirm, modify or reverse its initial decision. Notice of the staff's decision upon reconsideration shall be posted as is required for the original decision. If no request for reconsideration is filed within the time period specified in the notice of the staff's original decision, the decision of the planning manager shall become final.
3. Appeal of Reconsideration. Appeal procedures shall be governed by Chapter 20.105 ECDC. [Ord. 3329 § 2, 2000; Ord. 3112 § 24, 1996; Ord. 2923 § 1, 1993].