[9-21-2022 by Ord. 1782]
This Chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this Code, unless superseded by specific requirement of this Code or State law.
[9-21-2022 by Ord. 1782]
Whenever a number of days is specified in the Code, or in any permit, condition of approval, or notice provided in this Article, the number of days shall be consecutive calendar days.
[9-21-2022 by Ord. 1782]
A.
Applicant.
Applications shall be made by the owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the Director, of the right to use and possess the property as applied for, shall accompany the application.
B.
Application Forms and Materials.
1.
Application Forms.
The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Code.
2.
Supporting Materials.
The Director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to CEQA. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit.
3.
Availability of Materials.
All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C.
Application Fees.
1.
Schedule of Fees.
The City Council shall approve by resolution a Master Fee Schedule that establishes fees for permits, informational materials, penalties, copying, and other such items or applications authorized or required by this Code.
2.
Payment of Fees.
All required fees shall be paid at the time an application is files and no application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.
3.
Multiple Applications.
The City's processing fees are cumulative. For example, if an application for Planning Review also includes a Conditional Use Permit, both fees shall be charged.
4.
Fee Waiver.
No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Municipal Code.
5.
Refund of Fees.
Application fees are refundable at the discretion of the Director with good cause unless otherwise provided for in the Indio Municipal Code or by policy of the City Council.
D.
Reapplication.
An application shall not be accepted or acted upon if within the past 12 months the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist:
1.
New Evidence.
There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
2.
Substantial and Permanent Change of Circumstances.
There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property. A change in circumstances could include, but is not limited to, change in infrastructure conditions, change in project proposal, change in environmental conditions, etc.
3.
Mistake at Previous Hearing.
A verified factual mistake was made at the previous hearing that was a material factor in the denial of the previous application.
[9-21-2022 by Ord. 1782]
A.
Purpose.
A Pre-Application Review is a review process and opportunity to:
1.
Acquaint a potential application with information on relevant policies, code regulations, and other relevant criteria and procedures. This review is intended for large or complex projects and projects that are potentially controversial.
2.
Provide a potential applicant with an early opportunity to meet with the City's Pre-Application Committee to identify possible major issues and discuss the City's review processes to help expedite permit processing and approvals.
3.
To acquaint City staff with a potential applicant and application.
B.
Scope and Limitations.
1.
A Pre-Application Review does not:
a.
Vest an applicant under the existing rules and regulations adopted by the City in effect at the time of the pre-application conference meeting.
b.
Provide an exhaustive review of all potential issues.
c.
Bind or preclude the City from enforcing all applicable regulations or from applying regulations in a manner differently than may have been indicated in the pre-application meeting.
d.
Constitute an approval in any manner of a proposal as the pre-application meeting is intended to be informational only.
2.
Exemption from Permit Streamlining Act.
Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 6.03.07 (Review of Applications).
3.
Recommendations Are Advisory.
Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.
C.
Applicability and Requirements.
1.
Applications for which Pre-Application Is Required.
A pre-application conference is required for all of the following before an application will be required for the processing of:
a.
Conditional Use Permits.
b.
Any project requiring Discretionary Planning Review.
c.
General Plan Text and/or Map Amendments.
d.
Specific Plans.
e.
Development Agreements.
f.
Amendments to existing Specific Plans or Project Master Plans.
g.
Tentative Maps (refer to adopted Subdivision Regulations).
h.
Variances.
i.
Development Code and/or Zoning Map Amendments.
2.
Applications for which Pre-Application Is Optional.
An applicant for a project not requiring Pre-Application Review may request such review. The Director may approve this optional review request provided that an application is filed and appropriate fee is paid.
D.
Process and Procedures.
1.
Review Procedure.
Planning staff shall facilitate the pre-application review process. The Director may consult with or request review by any City agency or official with interest in the application.
2.
Application Submittal.
A request for Pre-Application Review shall be filed with the Community Development Department on a pre-established City form. The required fee shall be paid at the time of application.
3.
Application Process.
A counter-completeness review shall be conducted at time of submittal. If all required information is present at time of submittal, the application shall be accepted for processing. An incomplete application shall not be accepted.
4.
Pre-Application Meetings.
Following submittal of the Pre-Application Review application, the Community Development Department shall route the application to relevant review parties and schedule the pre-application conference meeting following consultation with the applicant regarding meeting availability. Staff from other City Departments and external agency service providers will meet with the applicant and representatives. Following the pre-application conference meeting, a written meeting summary may be prepared and distributed to the applicant and representatives, if applicable. The summary will be based upon the information that was presented to staff (i.e., what is submitted along with the Request form) and may identify applicable development regulations, policies, engineering design standards, key issues, requirements for special studies, and other information.
[9-21-2022 by Ord. 1782]
[9-21-2022 by Ord. 1782]
A.
Environmental Review.
All projects shall be reviewed for compliance with or exemption from the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.
1.
Project Exempt from Environmental Review.
Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.
2.
Project for which a Negative Declaration or Mitigated Negative Declaration Is Prepared.
Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.
3.
Project for which an EIR Is Prepared.
Within 180 days from the date the decision-making authority certifies a Final EIR, the City shall take action on the accompanying discretionary project.
B.
AB 52 Consultation Requirement.
Per AB 52 (Native American Historic Resource Protection Act), Tribal Consultation requirements apply to all CEQA projects for which a Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration is filed on or after July 1, 2015. The following applies to all applicable projects:
1.
The City authorized representative shall comply with the procedures specified in Public Resources Code (PRC) Sections 21080.3.1, 21080.3.2, 21082.3, and 21084.3 to notify, consult, and mitigate for any significant impacts to tribal cultural resources.
2.
The City's authorized representative is the authorized representative of the City in all tribal consultation under State law.
3.
The Community Development Department shall maintain a list of California Native American tribes, as defined in PRC Section 21073, which requested notification of discretionary projects under its jurisdiction pursuant to PRC Section 21080.3.1, subdivision (b)(1).
4.
Within 14 days of determining that an application for a discretionary project is complete and the City is ready to undertake CEQA review, the City's authorized representative shall notify, by letter, all tribes that requested notification and afford them 30 calendar days to accept or decline consultation.
5.
Within 30 days of receiving a written acceptance from a tribe, the City's authorized representative shall initiate consultation with the tribe.
6.
The City's authorized representative shall take into consideration information provided by the tribe during consultation when making the required determinations of impact during the CEQA process, and shall conclude consultation as specified in Section 21080.3.2(b) of the PRC prior to adopting or certifying the CEQA document.
[9-21-2022 by Ord. 1782]
A.
Review Process.
1.
Application Completeness.
The Director shall determine whether an application is complete within 30 days of the date the application is filed with the required fee. For the purposes of this Section, completeness shall not include a substantive of the quality, content or merit of the submitted items that shall be analyzed as part of the subsequent application review process. The Director shall notify the applicant in writing of the determination that either all submittal requirements have been satisfied and the application is complete or additional information is necessary and the application is deemed incomplete (see Subsection B below).
B.
Incomplete Application.
If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application.
1.
Zoning Ordinance Violations.
An application shall not be found complete if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, unless the proposed project includes the correction of the violations.
2.
Appeal of Determination.
Determinations of incompleteness are subject to the provisions of Section 6.03.13 (Appeals), except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.
3.
Submittal of Additional Information.
The applicant shall provide the additional information within the time limit specified by the Director, which shall be no later than 30 days. The Director may grant one extension of up to 90 days.
4.
Resubmittal Review.
Upon receipt and resubmittal of any incomplete application, a new 30-calendar day period shall begin during which the Director shall determine the completeness of the application.
5.
Expiration of Application.
If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. Unexpended fees, as determined by the Director, will be returned to the applicant. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
C.
Complete Application.
When an application is determined to be complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it in a timely manner and notify the applicant of the date and time.
D.
Extensions.
The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Code.
[9-21-2022 by Ord. 1782]
Unless otherwise specified, whenever the provisions of this Code require public notice, the City shall provide notice in compliance with State law as follows. Application types that require a decision by or appeal to the Planning Commission or City Council require a public hearing, per Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals). All projects requiring an Administrative Permit or public hearing(s) require public noticing as follows.
A.
Mailed Notice for Administrative Permits.
For projects requiring an Administrative Permit, a mailed notice shall be delivered by First Class mail 10 days before the date of action to:
1.
The applicant, the owner or owner's duly authorized agent, and any occupant of the subject property;
2.
All property owners within a 500-foot radius of the subject property as shown on the latest available assessment roll, or a larger radius if deemed necessary by the Director in order to provide adequate public notification.
B.
Mailed Notice for Public Hearings.
At least 10 days before the date of the public hearing, the Director, or the City Clerk for hearings before Planning Commission and/or City Council, shall provide notice by First Class mail delivery to:
1.
The applicant, the owner or owner's duly authorized agent, and any occupant of the subject property;
2.
Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
3.
All property owners of record within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director in order to provide adequate public notification;
4.
All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and
5.
Any person or group who has filed a written request for notice regarding the specific application.
C.
Newspaper Notice.
At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least one newspaper of general circulation in the city.
D.
Public Places.
At least 10 days before the date of the public hearing, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least three public places in the city including a minimum of one public notice sign on the property(ies) directly affected by the proceeding, per Subsection G (Standards and Specifications for Public Notice Signs).
E.
Contents of Notice.
The notice shall include the following information:
1.
The location of the real property, if any, that is the subject of the application;
2.
A general description of the proposed project or action;
3.
The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;
4.
The identity of the hearing body or officer;
5.
The names of the applicant and the owner of the property that is the subject of the application;
6.
The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;
7.
A statement that any interested person or authorized agent may appear and be heard;
8.
A statement describing how to submit written comments;
9.
For Council hearings, the Planning Commission recommendation; and
10.
Other information required by specific provision of these regulations or which the City, through its Department Heads, may consider necessary or desirable.
F.
Failure to Notify Individual Properties.
The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.
G.
Standards and Specifications for Public Notice Signs.
1.
Applicability.
All projects requiring an Administrative Permit or public hearings before the Planning Commission and/or City Council shall be required to post one or more public notice signs in accordance with the provisions herein.
2.
Public Notice Sign Requirements.
a.
Only public notice signs provided by the City of Indio shall be utilized. Any sign that is posted that is not provided by the City of Indio shall be deemed non-compliant with this Section. Each sign heretofore posted shall contain at a minimum a copy of the public notice, a copy of the submitted site plan, and for those projects requiring a public hearing, a copy of the public hearing notice.
b.
A minimum of one non-illuminated sign shall be installed in accordance with the City of Indio Public Notice Sign Specifications published by the Community Development Department as amended. The sign(s) shall be erected on or near the subject property facing each public right-of-way adjacent to the subject property and private easement or tract road providing primary vehicular access to the subject property and to any property that abuts the subject property. The Community Development Department shall approve the location of each sign.
c.
The sign shall be placed in an area of the property most visible to the public, not more than five feet from the front property line in residential areas, and not more than three feet from the front property line in commercial and industrial areas.
d.
At least one sign for every 500 feet of street frontage shall be displayed per street frontage of the subject property. The Director may reduce the number of signs, but the reduction shall be no less than one sign per street frontage.
e.
The Director may require the placement of notice boards in additional and/or alternative locations than the street frontage if, in his/her opinion, further public notice for the project will benefit the public safety, health and welfare and enhance the public's opportunity to be made aware and comment on a proposed land use action.
3.
Sign Posting Acknowledgement.
A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant together with Photograph of Installed Signs form shall be submitted to the Community Development Department no later than three days following the pickup of the signs from the Department. This document shall be mailed or dropped off or emailed to the assigned Project Planner.
4.
Timing of Installation.
a.
Signs must be installed no later than five calendar days from the date of pick-up from the Community Development Department.
b.
Posted signs are to physically remain on the property until the last decision-making action specified by Community Development Department. This shall include the timeframe for items that are required to obtain City Council approval.
5.
Removal.
a.
Signs shall be removed from the property no later than 10 days following the final action by the City of Indio.
b.
A completed Sign Removal Acknowledgment form together with a completed Photograph of Removed Signs form prepared and signed and dated by the applicant or an authorized representative of the applicant shall be submitted to the Indio Community Development Department no later than three days following the physical removal of the signs. This document shall be mailed, dropped off or emailed to the assigned Project Planner.
6.
Maintenance.
The applicant/owner shall be responsible for maintaining the notice board such that it is readable during the period of time it is required to be in place. If the board is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the board with another obtained from the City. The applicant shall pay the replacement cost of such board.
[9-21-2022 by Ord. 1782]
A.
Hearing Time and Notice.
1.
The Community Development Director shall set the time and place of hearings required by this Code to be held by the Planning Commission. The Planning Commission may, however, change the time or place of a hearing, if necessary.
2.
The City Clerk shall set the time and place of public hearings required by this Code to be held by the City Council, however the Council may change the time or place of a hearing.
B.
Conduct of Public Hearings.
Whenever the provisions of this Ordinance require a public hearing, the hearing shall be conducted in compliance with the requirements in Indio Municipal Code Title III (Administration).
[9-21-2022 by Ord. 1782]
When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this Code, the responsible authority shall issue a Notice of Decision and make findings of fact as required by this Code.
A.
Date of Decision.
The responsible authority shall decide to approve, modify, revoke, or deny any administrative, ministerial, or discretionary permit following the close of the public hearing(s), or if no public hearing is required, within the time periods set by statutory requirements (e.g., Permit Streamlining Act, Housing Accountability Act). These deadlines do not apply to any action that has been called for review (per Section 6.03.12 (Calls for Review)) or appealed in accordance with Section 6.03.13 (Appeals). Time extensions may be granted pursuant to Section 6.03.15 (Expiration and Extension).
B.
Notice of Decision.
After the Director or Planning Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this Code, and the Calls for Review has ended, the Director shall issue a Notice of Decision. The Notice shall describe the action taken, including any applicable conditions, shall list the findings that were the basis for the decision, and shall include the procedure for appealing the decision. The Director shall file the Notice with the City Clerk and mail the Notice to the applicant, to the members of the City Council and the Planning Commission, and to any other person or entity that has filed a written request for such notification with the Planning Division.
C.
Findings.
Findings, when required by State law or this Code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit.
[9-21-2022 by Ord. 1782]
A.
Scope.
Any approval permits include only those uses and activities actually proposed in the application and exclude other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B.
Conditions of Approval.
The site plan, floor plans, building elevations, and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process, shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with the permit's plans and conditions in all respects.
C.
Actions Voiding Approval.
If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this Ordinance or require additional permits, then the approval shall be deemed null and void.
D.
Periodic Review.
All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.
[9-21-2022 by Ord. 1782]
A.
Applicability.
Decisions by the Director on administrative actions shall be communicated to the Planning Commission as part of a regularly agendized item at the next meeting of the Planning Commission. Any calls for review shall be made as follows:
1.
A majority of the Planning Commission may call for review of a decision of the Director.
2.
A majority of the City Council may call for review of a decision of the Director or Planning Commission.
3.
If a decision is called for review by both the Planning Commission and the City Council, the City Council shall conduct the review.
4.
Such call for review shall not require any statement of reasons and shall not represent opposition to or support of a decision, application, or appeal.
B.
Time Limits.
All administrative decisions made by the Director shall be placed on the agenda for the next meeting of the Planning Commission. Only after the Planning Commission has heard and agreed with any administrative decisions by the Director, and no call for review has been received, shall the Director issue a Notice of Decision to the applicant.
C.
Procedure.
1.
Administrative Planning Review.
Where the call for review is regarding an Administrative Planning Review or other decision by the Director, the decision shall be communicated and any call for review shall be heard as part of a regular agendized item at the next meeting of the Planning Commission.
2.
Use Permits and Other Discretionary Actions.
Where the call for review is regarding a Use Permit or other discretionary action, the call for review shall be processed in the same manner as an appeal by any other person.
[9-21-2022 by Ord. 1782]
A.
Applicability.
Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Code may be appealed in accordance with this Section.
1.
Appeals of Director Decisions.
Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.
2.
Appeals of Planning Commission Decisions.
Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
B.
Rights of Appeal.
Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.
C.
Time Limits.
Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within 15 days of the date which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
D.
Fee.
An appeal shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the appeal.
E.
Procedures.
1.
Filing.
The appeal shall identify the decision being appealed and shall clearly and concisely state the factual reasons for the appeal. The appeal shall be accompanied by the required fee.
2.
Proceedings Stayed by Appeal.
The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
3.
Transmission of Record.
Within 30 days of receipt of the appeal, the Director shall transmit to the City Clerk the application of appeal and copies of the application and all other papers and documents constituting the record upon which the Planning Commission or Staff made their decision.
The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body in a timely manner. The Director shall prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
F.
Standards of Review.
When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
G.
Public Notice and Hearing.
Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 6.03 (Common Procedures). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.
H.
Action.
An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.
[9-21-2022 by Ord. 1782]
A final decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of decision, unless an appeal is filed pursuant to Section 6.03.13 (Appeals). No building permit or business license shall be issued until the 15th day following the date of the decision. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the 15-day period may be waived.
[9-21-2022 by Ord. 1782]
A.
Expiration.
The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continously pursued. If no time period is specified, any permit granted under this Code shall automatically expire if it is not exercised or extended within two years of its approval.
B.
Exercise of Use Permit.
A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.
C.
Exercise of Building Permit.
A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
D.
Extensions.
The following applies to all development projects with the exception of projects that qualify for State Streamlined Ministerial Approval per Government Code Section 65913.4 (See Section 6.04.03E.6 (Permit Conditions)). The Director may approve a two-year extension of any permit or approval granted under this Code, as follows:
1.
Process.
An application for extension shall be filed not less than 60 days prior to the expiration date of the permit or within two years of the date of approval, along with appropriate fees and application submittal materials.
2.
Conditions.
The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved.
3.
Permit Extension Findings.
The extension may be granted only when the Director finds that the original permit findings can still be made and there are no changed circumstances, or there has been diligent pursuit to exercise the permit that warrants such extension.
4.
Expiration.
If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires.
[9-21-2022 by Ord. 1782]
No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this Code. For the purposes of this Section, the modification of a permit may include modification of a planning review approval.
A.
Minor Modifications.
The Director may approve minor changes or modifications to approved plans provided that they meet the following:
1.
They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.
2.
They are consistent with the original findings and conditions approved by the hearing body.
3.
They do not change the use designated in the original use permit.
4.
They are consistent with the development and design standards they were approved under.
5.
They do not increase, reduce, or alter the size or shape of the premises beyond the following:
B.
Major Modifications.
The Planning Commission may approve major changes or modifications to approved plans provided that they meet the following. This is an action item only, not subject to public hearing.
1.
They have no potential for significant offsite impacts and would not intensify any potentially detrimental effects of the project.
2.
They are consistent with the original findings and conditions approved by the hearing body.
3.
They do not change the use designated in the original use permit.
4.
They are consistent with the development and design standards they were approved under.
C.
New Application.
A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan beyond those allowed under the thresholds for major modifications above shall be treated as a new application.
[9-21-2022 by Ord. 1782]
Any permit granted under this Code may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.
A.
Initiation of Proceeding.
Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.
B.
Public Notice, Hearings and Action.
After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation.
C.
Required Findings.
The Planning Commission may revoke or modify the permit if it makes any of the following findings:
1.
The approval was obtained by means of fraud or misrepresentation of a material fact;
2.
The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;
3.
The use in question has ceased to exist or has been suspended for six months or more (see also Chapter 6.07 (Nonconforming Provisions));
4.
There is or has been a violation of or failure to observe the terms or conditions of the permit or Variance, or the use has been conducted in violation of the provisions of this Code, or any applicable law or regulation; or
5.
The use to which the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.
D.
Notice of Decision.
Following Planning Commission action to revoke or modify a permit, the Director shall within 14 days issue a Notice of Decision describing the Commission's decision with its findings. The Director shall mail notice to the permit holder and to any person who requested the revocation proceeding.
[9-21-2022 by Ord. 1782]
Requests for interpretations of this Code and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 6.03.13 (Appeals).