McFarland Municipal Code Ch. 17.160 Permit Procedures

The purpose of this chapter is to establish review and approval procedures for ministerial and discretionary permits provided for by this chapter. Application contents and development standards and conditions for the approval of permits are contained in the appropriate chapter of this title.

(Ord. No. 066-2017, § 1, 5-25-17)

The ministerial permits specified in this chapter for review pursuant to this section shall be issued by the community development director upon submission of an application containing the information specified in applicable sections of this title and a determination by the community development director that the proposed use or development meets the development standards and conditions specified in the applicable section or sections of this title. These permits include all uses identified as permitted uses in all zoning classifications that do not require formal site plan review as stated in Section 17.134.070. The decision of the community development director shall be final unless appealed to the planning commission. The community development director may, at his/her discretion, forward a ministerial permit to the planning commission for their consideration and action.

A. Application and approval shall include the following:

1. An applicant for a ministerial permit pursuant to this section shall submit an application to the community development director in the format described in Section 17.134.060, unless the community development director waives any of the information requirements. The application shall be accompanied with the fee established by the city council by resolution.

2. The community development director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application.

3. Within fourteen calendar days of determining the application is complete, and that the project or approach meets the development standards and conditions specified in the applicable section or sections of this chapter, or other applicable ordinances, the community development director shall issue the permit; issue the permit with conditions, or deny the permit if he or she determines that the proposed use or development does not meet the standards and conditions specified in the applicable section or sections of this title.

B. Appeal. The community development director's action or lack of action on a permit pursuant to this section may be appealed by the applicant or interested person(s) to the planning commission.

1. The applicant may file with the community development director a notice of appeal to the action of the community development director indicating the basis of appeal within ten calendar days of such action. The appeal shall be accompanied with the fee established by the city council by resolution. The city council, at the written request of two council members, may appeal the community development director's decision, without payment of fee, to the planning commission.

2. The planning commission shall consider the appeal within thirty days of the filing of such appeal. No public hearing or notice shall be required.

3. The planning commission may reverse or affirm or affirm with conditions the action of the community development director. The action of the commission shall constitute a ministerial action and shall be based solely on whether or not the proposed use or development meets the development standards and conditions specified in or established pursuant to the applicable section or sections of this title.

4. The decision of the planning commission pursuant to subsection (B)(3) of this section may be appealed to the city council pursuant to Section 17.160.030.

(Ord. No. 066-2017, § 1, 5-25-17)

A. The permits specified in this section may be issued by the planning commission following submission of an application containing the information specified in the applicable section of this title and a properly noticed public hearing. The decision of the planning commission shall be final unless appealed to the city council:

1. Site plan reviews (Chapter 17.134);

2. Variances (Chapter 17.148);

3. Zone modifications when filed in conjunction with an application for a permit to be heard by the planning commission (Chapter 17.148);

4. Extensions of time;

5. Appeals of ministerial decisions by the community development director;

6. Conditional use permit (Chapter 17.152);

7. Precise development plan (Chapter 17.132);

8. Tentative maps (Chapter 16.20).

B. Public Hearing.

1. When an application has been submitted in accordance with this chapter, the community development director shall set the application for a public hearing.

2. At least ten days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

a. Publishing such notice once in a newspaper of general circulation. If there is no newspaper of general circulation than the notice shall be posted in three public places in the city.

b. Mailing or delivering notice, postage prepaid, to the property owner, the applicant, to the owners of all property within three hundred feet of the exterior boundaries of the property which is the subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, the name and address of the property owner on the last assessment roll of the county may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand, a display advertisement of at least one-eighth page in at least one newspaper of general circulation may be published at least ten days prior to the hearing in lieu of mailed or delivered notice.

3. Public Hearing. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The planning commission may establish its own rules for the conduct of such hearings. Any hearing may be continued; provided, that prior to adjournment or recess the presiding officer shall announce the time and place to which the hearing will be continued.

C. Decision.

1. The planning commission may approve, conditionally approve, or deny any application following the close of the public hearing on the matter or within thirty-five days thereafter by resolution, or later as may be practicable. Such resolution shall include findings in accordance with the provisions of this chapter. The decision shall be final, subject to appeal in accordance with this chapter.

2. Written notice of such decision shall be given by mail within ten calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision.

3. The decision of the planning commission shall be final on expiration of ten calendar days from, but not including, the date of the decision, unless a notice of appeal is filed with the community development director within such time.

4. All conditions of approval shall be final, and a request to delete or to modify a condition to make it less restrictive shall only be considered at a properly noticed public hearing, unless said conditions are appealed pursuant to subsection D of this section.

D. Appeal.

1. Any decision of the planning commission pursuant to this section shall be subject to appeal to the city council.

2. The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the community development director within ten calendar days from, but not including, the date of the decision. The community development director shall furnish forms of notice of appeal. The appeal shall be accompanied with the fee established by the city council by resolution. The city council, at the written request of two council members, may appeal the planning commission's decision, without payment of fee, to the city council.

3. Notice of the hearing on appeal shall be given in the manner and time provided in Section 17.160.030(B)(2). Notice of the hearing on appeal shall also be given not less than ten days before such hearing to each person entitled to notice of the preceding decision.

4. The city council may reserve, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

5. A decision of the city council on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

E. Permit Issued. No permit shall be issued prior to the expiration of any appeal period.

(Ord. No. 066-2017, § 1, 5-25-17)

The discretionary permits specified in this chapter for review pursuant to this section may be issued by the city council following submission of an application containing the information specified in the applicable section of this chapter, review and recommendation by the planning commission and a properly noticed public hearing. These permits include:

A. Amendments to this ordinance (Chapter 17.162);

B. Application for change of zone classification (Chapter 17.162);

C. Precise development zones (Chapter 17.132);

D. Final tract and parcel maps;

E. Conditional use permits, variances, and zone modifications when filed in conjunction with an application for a change in zone classification or for a tentative subdivision map (Chapters 17.148, and 17.152);

F. Appeal of planning commission decisions (Section 17.160.030(D)(1)).

(Ord. No. 066-2017, § 1, 5-25-17)

Any permit, conditional use permit, zone variance, or zone modification issued pursuant to this chapter may be modified or revoked by the official or decision making body that originally approved the permit by the same procedure under which the permit was issued for any of the following causes:

A. That any term or condition of the permit, conditional use permit, variance, or zone modification has not been complied with.

B. That the property or portion thereof subject to the permit, conditional use permit, variance, or zone modification is used or maintained in violation of any statute, ordinance, law, or regulation.

C. That the use for which the permit, conditional use permit, variance, or zone modification was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.

D. That changes in technology or in the type or amount of development in the vicinity of the use or other good cause warrants modification of the conditions of operation or imposition of additional conditions of operation to assure that the use remains compatible with existing and potential uses of other property within the general area in which the use is located.

(Ord. No. 066-2017, § 1, 5-25-17)

Any legal action or proceeding to attack, review, set aside, void, or annul any decision made pursuant to this chapter, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days after the date of the decision and the legislative body is served within sixty days after the date of the decision. Thereafter, all persons are barred from any such legal action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations.

(Ord. No. 066-2017, § 1, 5-25-17)