Chapter 17.109 — DIRECTOR’S HEARING

The purpose of this Chapter is to authorize the Director to act on certain applications via a public hearing as described in this Chapter. Notwithstanding these provisions, the Director shall have the authority to refer any application subject to this Chapter to the Planning Commission for consideration.

The Director is authorized to act administratively on the applications and take the actions set forth in Table 6-1: Review Authority.

A. Application Filing . An application for a Director’s Hearing shall be filed and processed in compliance with Chapter 17.104 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Director’s Hearing applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.109.040 (Required Findings). B. Application Review . Each application for a Director’s Hearing shall be reviewed to ensure that the application is consistent with the purpose of this Chapter and applicable development standards and regulations of these Zoning Regulations, and any adopted design guidelines and policies that may apply.

1. A Director’s Hearing shall be scheduled when the Department receives a complete application package, including the required information and materials specified in the Department handout and related additional information required to conduct a thorough review of the proposed project or request.

2 . Upon receipt of a complete application, the Director shall review the location, design, configuration, and the effect of the proposed project or action on adjacent properties, streets, and alleys by comparing the application materials to applicable standards in these Zoning Regulations and determining whether the findings required in Section 17.109.040 (Required Findings) can be made. C. On-Site Inspection . An application for a Director’s Hearing may require that the Director perform an on-site inspection of the subject parcel before confirming that the request complies with all of the applicable criteria and provisions identified in this Chapter.

D. Public Hearing.

1. Before acting on any Director’s Hearing application, the Director shall hold a hearing at which information and arguments may be presented. Notice of the time, date, place, and purpose of the hearing shall be given in compliance with Chapter 17.122 (Public Notices and Hearings).

2. Decisions of the Director shall be rendered in writing within 10 days of the final hearing at which action is taken. The decision shall state the conditions of approval, if any, or the reasons for denial. The Director’s decision shall be final unless appealed.

A Required Findings . The Director may approve a Director’s Hearing application only after first making all of the following findings. The proposed application and project:

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1. Are consistent with the intent of these Zoning Regulations and applicable General Plan policies; 2. Are consistent with or an improvement to the character of the neighborhood or district;

3. Provide adequate consideration of and measures to address any potential adverse effects on surrounding properties such as, but not limited to, traffic, vehicular and pedestrian safety, noise, visual and scale, and lighting.

B. Failure to Make Findings. The Director shall deny the application if any one or more of the required findings cannot be made.

17.109.050 – Conditions of Approval

In approving a Director’s Hearing application, the Director may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 17.109.040 (Required Findings).

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