Variances from the terms of any regulations established by the zoning plan may be approved as set forth in this chapter.

A.

An application for a variance shall be made to the planning division on a form prescribed by the development services director or his or her designee, and shall be accompanied by a statement, plans or other evidence showing:

1.

There are special circumstances applicable to the applicant's property, including size, shape, topography, location or surroundings, and as a consequence of these circumstances, the strict application of the zoning regulations deprives the property of privileges enjoyed by other property in the vicinity and in the same zone district; and

2.

The variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; and

3.

The variance will not, under the circumstances of the particular case, adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning division. Failure of any applicant to respond, within thirty (30) days of mailing, to any notice that his application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the variance application, and no further action shall be taken upon it.

C.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the city council.

D.

All applications shall be reviewed by city staff. The report of city staff, including any recommended conditions of approval, shall be forwarded to the planning commission prior to the hearing on the application.

E.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The city council may, by resolution, provide for additional notice. Any hearing may be continued to a specific time, date and place without further public notice.

F.

The planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a variance application shall clearly describe the variance, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the variance. No variance shall be granted unless findings of fact are made that all of the criteria in subsection A of this section apply. The planning commission may require security it deems reasonably necessary to insure compliance with any conditions imposed.

G.

The granting of any variance may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the variance is granted. No variance shall be granted unless conditions are imposed that assure that the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the subject property is located. No variance shall be granted which authorizes a use or activity which is not expressly authorized by the zone district regulations. Every variance granted under this section is revocable.

H.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the development services director or his or her designee shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a variance application shall permit the applicant to vary from the applicable zoning regulations to the extent authorized in the resolution, provided any precedent conditions imposed under subsection F of this section or on appeal have first been met.

I.

No building permit or mobile home installation permit for which a variance is required shall be issued until the time to appeal approval of the variance has expired, or in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the city council.

(Ord. 97-99 § 1 (part))

Use permits may be approved as set forth in this section for any of the uses or purposes for which use permits are required by this title.

A.

An application for a use permit shall be made in writing on a form prescribed by the development services director or his or her designee, and shall be accompanied by a clear and concise description of the use and accompanying activities, and shall contain plans or maps showing the details of the proposed use, building or facilities.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning division. Failure of any applicant to respond, within thirty (30) days of mailing, to any notice that his application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the use permit application and no further action shall be taken upon it.

C.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the city council.

D.

All applications shall be reviewed by city staff. The report of city staff, including any recommended conditions of approval, shall be forwarded to the planning commission prior to the hearing on the application.

E.

The planning commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The city council may, by resolution, provide for additional notice. Any hearing may be continued to a specific time, date and place without further public notice.

F.

The planning commission may approve, conditionally approve or deny approval of the application by resolution. A resolution approving a use permit application shall clearly describe the uses permitted, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the use permit. No use permit shall be granted unless findings of fact are made that the establishment, maintenance or operation of the use, building or facilities applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; provided, if any proposed use, building or facility is necessary for the public health, safety or general welfare, the findings shall so state. The planning commission may require security it deems reasonably necessary to ensure compliance with any conditions imposed.

G.

The granting of any use permit may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonably related to the use for which the use permit is granted. Every use permit granted under this section is revocable. Any use permit granted under this section may be limited by the Planning Commission to a term set when the use permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the use permit. No use permit granted under this section may be renewed, but a new use permit may be granted upon terms and conditions appropriate at the time of such grant.

H.

After the time for filing an appeal has expired, or if an appeal is timely filed, after the decision on the appeal, the development services director or his or her designee shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution approving or affirming the approval of or reversing the disapproval of a use permit application shall constitute the use permit and shall permit the applicant to engage in the use or undertake the activity described, provided any precedent conditions imposed under subsection E of this section or on appeal have first been met.

I.

No building permit or mobile home installation permit for which a use permit is required shall be issued until the time to appeal approval of the use permit has expired, or in case of appeal, until the approval has been affirmed or the disapproval has been reversed by the city council.

J.

Any use permit, including the term of the permit and conditions of approval, may be amended upon a showing of good cause by any interested party or by the planning commission on its own motion. The provisions of subsections A through F of this section shall apply to any amendments proposed by an interested person. The provisions of subsections C through F of this section shall apply to any amendment initiated by the planning commission.

(Ord. 97-99 § 1 (part))

A.

Any interested person may appeal a decision of the planning commission to approve, conditionally approve or deny an application for a variance or use permit, or to amend or add conditions, or to revoke a variance or use permit by filing a notice of appeal with the city clerk within five calendar days of the decision. The notice of appeal shall identify, by application number, the variance or use permit which is the subject of the appeal; shall state the action, finding or determination, and the date thereof, from which the appeal is taken; and shall specifically set forth the grounds upon which the appeal is based. No appeal shall be deemed to be filed unless any required fee is submitted to the city clerk with the notice of appeal.

B.

The city clerk shall furnish copies of the notice of appeal to each city council member, the development services director, city assistant planner, city attorney, and the applicant, permittee or holder of the affected variance or use permit.

C.

The city council shall set the matter for public hearing and the city clerk shall give notice of the hearing in the same manner as notice of the hearing before the planning commission was given. The city clerk shall notify the appellant and all persons to whom the notice of appeal is to be furnished of the date, time and place of the hearing. Unless specifically authorized by the city council, any hearing shall be limited to the grounds specifically stated in the notice of appeal.

D.

The record on appeal shall consist of a copy of the application and all related documents; the environmental assessment, including any environmental impact report, if one has been prepared; the city staff report and recommendations; the minutes of the hearing before the planning commission, including a fair summary of all testimony received; and all other documentary, pictorial or other physical evidence received at the hearing.

E.

The city council shall review the record on appeal and any additional relevant information which may have been received at the hearing before it to determine whether the planning commission exceeded its authority, whether there was a fair hearing before it or whether it abused its discretion to the prejudice of the appellant. Whenever the evidence before the council supports any findings or determination which prohibits approval under Sections 17.92.010(F) or 17.92.020(F) of this chapter, the council shall not affirm the approval or reverse the disapproval of a variance or use permit unless appropriate conditions sufficient to overcome all such findings are included in the decision. The council may continue any hearing to a specific time, date and place without further public notice. The council may, in its discretion, refer any application back to the planning commission for further review and report. The council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, determination or condition appealed. The action of the council shall be final.

(Ord. 97-99 § 1 (part))

A.

Whenever the development services director or his or her designee determines that one or more grounds exist for revocation of a variance or use permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the variance or use permit. The holder of the variance or the permittee shall be given notice by mail of the time and place of the hearing at least ten days prior to the hearing.

B.

Grounds for revocation include, but are not limited to:

1.

Noncompliance with conditions of approval;

2.

Violation of any law in connection with the variance or use;

3.

Expansion of the use or variance without a new variance or use permit or amendment to the existing variance or use permit;

4.

Exercising the variance or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance;

5.

False or erroneous information in the record as to a material matter or significant issue regarding the variance or use permit.

C.

The planning commission may revoke or decline to revoke the variance or use permit. In lieu of revocation, the planning commission may amend existing conditions of approval or impose additional conditions, as appropriate.

D.

Every variance or use permit expires and is null and void without further action by the city if the activity or the use for which the variance or use permit was granted has not been actively and substantially commenced within two years of the date of its approval, or the date the approval was affirmed or the disapproval was reversed on appeal. The development services director or his or her designee has the authority to declare, based on length of time and operation of law, the variance or use permit abandoned, and, therefore, null and void.

E.

The planning commission may extend the time for commencement of the use or activity when the variance or use permit is approved, or during the two years following approval or affirmation of approval of the variance or use permit, if an application for an extension of time is made to the planning division prior to expiration of the variance or use permit. The decision on an application for an extension of time is ministerial and a public hearing on the application is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action. The decision on an application may be appealed to the city council under the provisions of Section 17.92.030 of this chapter, but a public hearing is not required on the appeal.

F.

The time limitations imposed under subsections D and E of this section shall not include any period during which litigation is actively pursued challenging the validity of the approval of a variance or use permit.

G.

The holder of a variance or use permit may surrender it to the planning division at any time and thereafter shall cease to engage in, operate or maintain the use.

(Ord. 97-99 § 1 (part))

An administrative permit may be approved for any of the uses for which administrative permits are required by this division, as set forth herein.

A.

An application for an administrative permit shall be made in writing on a form prescribed by the development services director or his or her designee, and shall be accompanied by the following:

1.

A clear and concise description of the use and accompanying activities;

2.

Plans, maps or other documents showing the details of the proposed use, building or facilities; and

3.

Information demonstrating compliance with the criteria applicable to the proposed use.

B.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning division. Failure of any applicant to respond, within thirty (30) days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the administrative permit application and no further action shall be taken upon it.

C.

All applications shall be reviewed by city staff. The report of city staff, including any recommended conditions of approval, shall be forwarded to the development services director or his or her designee prior to the director's decision on the application.

D.

The development services director or his or her designee shall consider approval of the application after the application is accepted as complete.

1.

If the director determines that the proposed use appears to meet all criteria applicable to the proposed use, the director shall provide notice of the proposed approval. The notice shall include a general explanation of the matter being considered, a general description of the area to be affected, and a deadline for submitting written comments on the application. The notice shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. The city council may, by resolution, provide for additional notice. The director shall consider any comments received in determining whether all applicable criteria are met.

2.

If the development services director or his or her designee determines that the proposed use does not meet all criteria applicable to the proposed use, the director shall deny the application.

3.

The development services director or his or her designee may refer any administrative permit proposal to the planning commission for a decision when it is determined that the nature of the project, or the existence of a policy question, requires such referral. If a decision to approve or deny the permit application requires the exercise of substantial discretion, then the application shall be referred to the planning commission for a decision following a noticed public hearing. The planning division may require the payment of an additional fee to cover the cost of such referral, as established by ordinance of the city council.

E.

The granting of any administrative permit may be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements, provided the dedication or public improvements are reasonable related to the use for which the administrative permit is granted.

F.

Any administrative permit granted under this section may be limited to a term set when the administrative permit is granted. The establishment, maintenance or operation of any use under this section shall cease at the end of the term, if any, of the administrative permit. No administrative permit granted under this section may be renewed, but a new administrative permit may be granted upon terms and conditions appropriate at the time of such grant.

G.

Any interested person may appeal the decision of the development services director or his or her designee to the planning commission. The decision of the planning commission may be appealed to the city council. Such appeals shall follow the same procedures applicable to variance and use permit appeals.

H.

Every administrative permit issued under this section is revocable. Whenever the development services director or his or her designee determines that one or more grounds exist for revocation of an administrative permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the administrative permit. The provisions of this title governing the revocation and abandonment of variances and use permits and all references to use permits in those provisions shall be deemed to be references to administrative permits.

I.

Every administrative permit expires and is automatically null and void without further action by the city if the activity or use for which the administrative permit was granted has not been actively and substantially commenced within two years of the date of its approval, or the date the approval was affirmed or the disapproval was reversed on appeal.

J.

The development services director or his or her designee may extend the time for commencement of the use or activity when the administrative permit is approved, or during the two years following approval or affirmation of approval of the administrative permit, if an application for an extension of time is made to the planning division prior to expiration of the administrative permit. The decision on an application for an extension of time is ministerial and a public hearing on the application is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action. The decision on an application may be appealed to the planning commission under the provisions of Section 17.92.030 of this chapter, but a public hearing is not required on the appeal.

K.

The time limitations imposed under subsections I and J of this section shall not include any period during which litigation is actively pursued challenging the validity of the approval of an administrative permit.

L.

The holder of an administrative permit may surrender it to the planning division at any time and thereafter shall cease to engage in, operate or maintain the use.

(Ord. 97-99 § 1 (part))

A.

Plan lines (i.e., future road width lines) shall be established in order to do the following:

1.

Reduce damage to property values resulting from inadequate provisions for traffic thoroughfares;

2.

Promote the public welfare and convenience;

3.

Serve as a guide for the development of streets and highways;

4.

Provide a guide for capital outlay of street and highway improvements to the city;

5.

Provide a source of information for residents and developers in the city.

B.

Plan lines shall be initiated by adoption of a resolution of intention by the city council.

C.

Plan lines shall be designated on maps that show all property lines and buildings within and adjacent to the project area, and shall show all existing and proposed right-of-way widths, as well as a cross section of the proposed road. Plan lines shall define or show the land areas required for future streets, street extensions, realignments or street widening by lines dimensioned from existing right-of-way lines, actual or established street centerlines, or by ties to existing monuments, property lines or corners.

D.

All proposed plan line maps shall be reviewed pursuant to and for compliance with the California Environmental Quality Act under procedures established by the city council. The planning division shall prepare an analysis of the consistency or inconsistency of the proposed plan line with the general plan. The planning division shall also prepare an analysis of the effect of the proposed plan line on any specific plan applicable to the real property to which the plan line is proposed to apply.

E.

The planning commission shall hold a public hearing on each plan line initiated under this section. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail as prescribed by Government Code Section 65991. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the proposed plan line. Any hearing may be continued. If a hearing is continued to a specific time, date and place, no further notice of the hearing is required, unless the development services director or his or her designee determines otherwise.

F.

Additional notice of any plan line map may be given if the development services director or his or her designee deems it necessary or desirable, and shall be given if the city council so directs.

G.

After the hearing, the planning commission shall render its decision in the form of a written resolution which shall include a recommendation to the city council for action on the proposed plan line maps, the reasons for the recommendation, and the relationship of the proposed plan line maps to the general plan and any applicable specific plan. The development services director or his or her designee shall cause a copy of the resolution to be filed with the city clerk within ten working days after its adoption.

H.

Following the planning commission's recommendation on a plan line map, the city council shall set the matter for a public hearing. The city council may adopt the proposed plan line map or any part thereof, in such a form or with such modifications as the city council may deem to be appropriate.

I.

No building or structure shall be erected, constructed, altered, replaced or added to within adopted plan lines. Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this section may result from the strict application of this section, variances may be granted, as provided in Section 17.92.010 of this chapter.

(Ord. 97-99 § 1 (part))

A.

The regulations of any zone district established pursuant to this title may be amended by changing the boundaries of districts, reclassifying land from one district to another district or districts or combinations thereof, or by changing any other provisions thereof whenever the amendments would further the public necessity, convenience and general welfare.

B.

An amendment is initiated by the city council or the planning commission by adoption of a resolution of intention to make the amendment or by an application for amendment made in writing on a form prescribed by the development services director or his or her designee. An application shall be accompanied by statements, plans or maps required to show the necessity for and scope of the proposed amendment as may be prescribed by the development services director or his or her designee.

C.

No application shall be accepted as complete unless and until all fees, the application form and related information are filed with and accepted by the planning division. Failure of any applicant to respond, within thirty (30) days of mailing, to any notice that the application is incomplete or to any request to clarity, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the amendment application, and no further action shall be taken upon it.

D.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the city council.

E.

All applications shall be reviewed by city staff. The report of city staff shall be forwarded to the planning commission prior to the hearing on the application.

F.

The planning division shall prepare an analysis of the consistency or inconsistency of the proposed amendment with the general plan, and any applicable specific plan.

G.

The planning commission shall hold a public hearing on each proposed amendment. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the proposed amendment. Any hearing may be continued. If a hearing is continued to a specific time, date and place, no further notice of the hearing is required, unless the development services director or his or her designee determines otherwise. Additional notice of any amendment may be given if the development services director or his or her designee deems it necessary or desirable, and shall be given if the city council so directs.

H.

After the hearing, the planning commission shall render its decision, in the form of a written resolution, which shall include a recommendation to the city council for action on the proposed amendment, the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to the general plan and any applicable specific plan. The development services director or his or her designee shall cause a report of the planning commission's action to be filed with the city clerk within ten working days after the planning commission's decision.

I.

If the planning commission has recommended approval of the proposed amendment, the city council shall set the matter for public hearing before it. If the proposed amendment would change property from one district to another, and the planning commission has recommended against adoption of the amendment, the council need take no further action on the amendment unless an interested person files a written request for a hearing with the city clerk within five days after the commission's recommendation is filed with the clerk. The notice provisions of subsection G of this section apply to hearings held under this subsection.

J.

The city council may approve or disapprove any recommendation of the planning commission, provided any modification of the proposed ordinance or amendment by the council, which was not considered by the planning commission during its hearing, shall first be referred to the planning commission for its recommendation. The planning commission shall not be required to hold a public hearing on the proposed modification. If the planning commission fails to make its recommendation within forty (40) days after the council refers it to the planning commission, or any longer period the council may set, the modification shall be deemed approved by the planning commission.

K.

The city council or the planning commission may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention, provided the proposed amendment is then pending before it for consideration and provided that any public hearing on the amendment for which notice has been given is first held. An applicant may withdraw his application at any time, provided any public hearing on the amendment, for which notice has been given, is first held, and the amendment is not required as a condition of approval of a development project.

(Ord. 97-99 § 1 (part))

A.

Purpose. Minor exceptions to development standards may on occasion be necessary to allow creative design solutions, to accommodate unique site conditions or to address minor errors in property information. The minor exception process allows minor deviations from certain development code requirements to be approved at the administrative level to provide fair and efficient relief from the unintended consequences of strict application of development standards.

B.

Applicability. A minor exception may be applied to the following development standards in any zone to a maximum reduction or increase as specified. Minor exceptions are not applicable to land uses or residential density as set forth in the general plan or this code.

1.

Required setbacks to a maximum of twenty (20) percent of a required setback, but not less than one foot.

2.

Building height to a maximum exception of ten percent.

3.

Lot coverage to a maximum exception of ten percent.

4.

Floor area ratio requirements to a maximum exception of ten percent.

5.

Fence, wall and/or screen height to a maximum exception of ten percent.

6.

Off-street parking requirements to a maximum exception of ten percent of required spaces or dimensions. Such exception shall not exceed a reduction of ten spaces and excludes reductions in drive-aisle or other dimensions required to meet state or local fire code standards.

7.

Sign area or height to a maximum of ten percent.

C.

Application and Required Fees. An application for a minor exception(s) shall be made in writing on a form prescribed by the development services director or his or her designee and shall be accompanied by a clear and concise description and statement of purpose for the requested exception. The application shall include plans or maps showing the details of the proposed or existing building or facilities and the related exception(s). No application shall be accepted as complete unless and until all fees have been paid, and the application form and related information are filed with and accepted by the director or his or her designee. All applications shall be reviewed pursuant to the California Environmental Quality Act (CEQA). The fee for processing of a minor exception shall be as established by the city council.

D.

Incomplete Application. Failure of any applicant to respond, within thirty (30) days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the minor exception application and no further action shall be taken upon it.

E.

Approving Authority. Minor exceptions shall be approved by the development services director. The director is authorized to approve, conditionally approve, modify or deny a minor exception application.

F.

Conditions of Approval. In approving an application for a minor exception(s), the director may impose reasonable requirements and conditions in order to achieve the purposes of this code, ensure consistency with the goals and policies of the general plan, and to allow the making of the necessary findings.

G.

Findings for Approval. Prior to approving a minor exception(s) as prescribed by this chapter, the approving authority shall make all the following findings:

1.

The minor exception(s) will provide a desirable and safe environment within its own boundaries.

2.

The minor exception(s) is compatible with existing development on the property and on adjacent properties.

3.

The exception(s) to or deviation(s) from the requirements or development standards will result in necessary project design solutions that would not be available through adherence to otherwise required code provisions.

4.

Granting the minor exception(s) will not adversely affect the interests of the general public or of residents and property owners within three hundred (300) feet of the project.

5.

The minor exception(s) is consistent with the purposes of the general plan and any applicable specific plan, planned development, subdivision approval, or development agreement affecting the property.

H.

Notice of Decision. A written notice of decision shall be provided to the applicant by the director or designee within five business days of the date of decision, to other interested parties who have requested notices in writing, and to adjacent property owners within three hundred (300) feet of the project area boundary. The notice shall include:

1.

The application request as acted upon by the director.

2.

The action taken by the director.

3.

Findings as required for the exception(s).

4.

The deadlines, criteria and fees for filing an appeal.

I.

Appeals. An applicant or any interested party who disagrees with the director's decision to issue, issue with conditions, or to deny a minor exception permit may appeal such decision to the city planning commission by submitting a written appeal within five calendar days of the decision pursuant to the requirements of Section 17.92.050.G. A decision of the planning commission may be appealed to the city council if the appeal is submitted in writing to the city clerk within five calendar days following the planning commission's action. The fee for filing an appeal shall be the same as that required for appeals of actions related to a use permit.

J.

Effective Date. Minor exceptions shall become effective on the day immediately following expiration of the appeal period if no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

K.

Expiration. Minor exceptions shall expire two years from the date the approval was granted if not exercised, unless an extension is granted by the director as set forth in Section 17.92.090.L.

L.

Extension of Time. The expiration date of a minor exception may be extended by the director with a showing of good cause. An extension of time shall not exceed one additional year.

M.

Amendments. Any substantial amendment(s) to an approved minor exception shall require a new application. The director shall have the authority to make such determination.

(Ord. No. 19-279, § 2(Att. A), 11-19-2019)