These procedures apply to those planning entitlements codified herein, including general plan amendments, zone changes, text amendments, annexations and pre-zoning, conditional use permits, home occupation use permits, site plan permits, and variances.

Before accepting any application for filing, the city shall charge and collect fees for the purpose of defraying the expenditures incidental to the proceedings. Said fees shall be as adopted by resolution of the city council.

For each appeal to the planning commission or city council from any order, requirement, decision or determination of the community development director or planning commission in the determination of enforcement of the provisions of this title, a filing fee is to be paid at such times and in such amounts as shall hereinafter be set forth by the city council from time to time by resolution.

Following a determination by the community development director that an application is deemed complete, the secretary of the planning commission shall fix a time and place of public hearing thereon. Not less than ten calendar days nor more than thirty calendar days before the date of such public hearing, notice of the date, time, place of hearing, and location of the property and the nature of the request, shall be given in the following manner

A.

By publishing once in a newspaper of general circulation in the city;

B.

By posting on the official city bulletin boards;

C.

By mailing a notice, postage prepaid to the applicant, to each member of the planning commission, and to the owners of all property involved or within three hundred feet of the exterior boundaries thereof, using for this purpose the last known name and address of such owners as shown upon the last assessment roll of the city or county; and

D.

By electronic mail (e-mail) and/or posting on the city website.

Upon a determination by the community development director that an application is complete for filing, the application file shall be available for review by the public during regular city business hours.

Public hearings as provided for in this title shall be held before the community development director, planning commission, or city council at the time and place for which public notice has been given as hereinbefore required. The community development director, planning commission, or city council may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the administrative record of the application being considered. Any such hearing may be continued provided that, prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the date, time and place to which such hearing will be continued. If the date, time and place of the continued hearing are not specified, the matter shall be re-noticed as specified in section 18.06.040.

A.

Within thirty-five calendar days after the conclusion of a public hearing, the community development director, planning commission or city council shall render its written decision on the matter so heard.

B.

The planning commission or city council shall announce and record its action by formal resolution, and such resolution shall recite the appropriate findings upon which the decision is based.

C.

Within ten calendar days after the final written decisions by the planning commission or city council on an application, notice of the decision in the matter shall be mailed to the applicant at the address shown upon the application and to persons requesting same.

Decisions made by the community development director may be appealed to the planning commission. Decisions made by the planning commission may be appealed to the city council. The granting, either with or without conditions, or the denial of an application shall be final unless within ten calendar days after the decision by the community development director, or the planning commission, the applicant or any person aggrieved, shall appeal there from in writing to the planning commission or city council by presenting such appeal to the city clerk. At its next regular meeting after the filing of such appeal with the city clerk, the planning commission or city council shall set a date for a hearing thereon. The manner of setting the hearing, giving of notice, and conducting the hearing, shall be the same as prescribed for hearings as specified in sections 18.60.040 and 18.60.050.

No permit or license shall be issued for any use or activity involved in a planning application until same shall have become final by reason of the failure of any person to appeal, or by reason of a final action of the community development director, planning commission, or city council.

If the use or activity authorized by any planning permit is, or has been unused, abandoned, or discontinued for a period of twelve months, said planning permit shall become null and void and of no effect.

Prior to expiration date of any planning permit, a written request may be submitted to the review authority that approved the permit requesting an extension of time for up to twelve months each time in order to complete the permit. Said request shall state the reasons for the extension and shall be accompanied by any fees pursuant to section 18.60.020.

A.

Within ten calendar days after a final recommendation by the planning commission on an application for a general plan amendment, text amendment, zone change, or annexation and prezoning, its recommendations together with the administrative record of the application shall be delivered to the city council.

B.

The city council after receipt of the report and recommendation from the planning commission shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as specified in sections 18.60.040 and 18.60.050.

C.

No permit or license shall be issued for any use involved in an application for a zone change or text amendment until same shall have become final by the adoption of an ordinance.

A planning permit approved under the provisions of this title may be revoked for noncompliance with the condition of the permit or for the creation of a nuisance as herein defined. The review procedure for a planning permit revocation proceeding shall be a public hearing by the review authority that approved the permit. Said proceeding can only be initiated by the community development director, planning commission, or city council after determining if there are sufficient reasons to conduct the hearing.

As part of an application for those planning applications specified in section 18.06.010, the applicant and real party of interest shall agree to defend, indemnify, hold harmless, and release the city, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of the above, the purpose of which is to attack, set aside, void or annual approval of the application or adoption of the environmental document which accompanies the application.