17.70.050 Procedure for review and approval.
1. An application for a new facility provided for in this chapter shall include a site plan and all necessary documentation showing compliance with the applicable subsection under which the application is being submitted.
2. If the application meets all requirements of this chapter, the planning director shall mail notice to owners of record within three hundred feet (300') of the subject property. This notice shall summarize the nature of the application, give the location of the residential care facility, list the approval criteria with an indication that the city intends to issue the approval, and inform the property owners that they may request that residential care facility application be reviewed by the city administrator if they feel that the application does not meet the approval criteria.
a. Any interested party requesting review by the city administrator shall submit a written request to the city administrator within fourteen (14) days after the date of the notice received and shall state how the application does not meet the requirements. If no written request for review is received by the city within fourteen (14) days after the date of the notice, the permit for the residential care facility shall be issued.
b. A request for review shall set forth the basis for the review, specifically identifying those areas of the city code which are not met by the application.
c. Upon receipt of a written request for review, the city administrator shall set an informal hearing as soon as practically possible (but not later than thirty (30) days after receipt of the request) in which the applicant and the party requesting the review may present evidence on the application’s compliance with this chapter. The city administrator shall then approve, continue, or deny the application.
i. The city administrator may appoint a review officer, other than the planning director, to hear the request for review.
ii. The party seeking the review has the burden of proving the application fails to meet the requirements of the city code.
iii. The review of factual matters shall be on the record and shall be limited to reviewing documents and information presented to the planning director.
iv. If a request for review fails to set forth the information required under this subsection, the request may be denied summarily without a hearing.
d. Notices under this section shall not be required for transitional victim homes.
3. Where, after consultation with the DRC, it is determined that the information provided by the applicant is insufficient to show compliance with the requirements of this chapter, the application shall be denied.
4. Written notice of the decision on application shall be provided to the applicant and to any interested party who has requested notice. (Ord. 2018-2 § 2, amended, 2018)