2019-04-04 Hearing Transcript - Admin Matters Item 1

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And, so, our condition will be placed on the timing of the subdivision. So, it says Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five years from the effective date of this ordinance. This is the administrative time condition that's added to each of our ordinances and permits, and you—you'll be familiar with this. It's normally at the end of the permit or the ordinance. An initial extension of time for the performance of conditions within the ordinance or permit may be granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2. That the granting of the time extension would not be contrary to the General Plan or Zoning Code. Included in that with, under General Plan would be the community development plans. And, then 3. Granting of the time extension REPLOGLE: May I ask something? DARROW: Oh, sure. REPLOGLE: On the extension to the General Plan, are you saying that say we granted this approval and within the five-year period, the General Plan changed somehow and they come in back for a time extension, they can be not be denied because the General Plan or the community development plan says something different? DARROW: Correct. REPLOGLE: So, it behooves them to get their job done? DARROW: Right, yeah. So, again, getting back to what this this particular condition is, this is the administrative time condition. This is the one that will not be coming back to the Commission. This is the allowance that is usually allowed for a time not to exceed the time originally granted by the Director as long as they meet this criteria. So, staff will look at the request, make sure that it—normally, I would say 90 percent of the time, the reason for non- compliance is economic downturn. That's difficult to prove when all of a sudden we're getting hundreds of applications coming in and there's an upswing. So, right now, we're not seeing a whole lot of that. We're seeing a lot of guys coming in that now have the ability to be able to move forward with their project because they can get funding. So, these Change of Zones and permits that have been lapsed for a while now can start moving again. CLARKSON: So, let me ask you this. Does the Council ever do zone changes on its own initiative without a request? Like a blanket change to a certain area that's been gradually shifting from one zoning category to another? Do they just ever rezone the whole area? DARROW: In the years that I've been here, 20 plus years, I've never seen that happen. There was one time where the Director was trying to do that in a particular area where there's a conflict of State Land Use designation and County zoning. You have areas that have State Land Use Urban with small County Ag lots, and you have other areas that have State Land Use Ag with EXHIBIT E 6