§ 10.32.08. Review process.

The department and the applicant may agree to an extension of any of the time limits established for the review process when it is necessary to facilitate application review and the preparation of the fair share agreement. The extension of time shall be the minimum time necessary to complete the review or to prepare the fair share agreement.

A.

The coordinator will confirm that the application is sufficient and meets the criteria to participate in the fair share program. If an application is determined to be insufficient or ineligible to participate, the coordinator will also confirm the deficiencies or the reasons for ineligibility in writing. No further review will be made until the deficiencies of the application are remedied and the time limits for performing under this chapter shall be tolled during this remedial process. If any deficiencies in the application are not remedied by the applicant within thirty (30) days of receipt of the above referenced written notification, then the application will be deemed abandoned.

B.

Once an application is determined to be sufficient and eligible, a proposed fair share obligation and fair share agreement will be prepared by the city and delivered to the applicant for review no later than fourteen (14) days prior to the date of the commission hearing at which the agreement will be considered. From the time an application is determined to be sufficient and eligible, there will be no changes to the fair share obligation due to, for example, updates to the formula factors, or changes made to the management system. However, changes to the fair share obligation may be made at any time prior to the execution of the fair share agreement to correct mathematical errors in the calculation of the obligation.

C.

The city may not refuse to accept an application for review. The city's regulations governing development and the terms of this chapter, as the same may be amended from time to time, which are in effect as of the date the application is determined to be complete and eligible, shall apply to the application, the fair share agreement, and the administration of the fair share agreement. The city may not add conditions to a fair share agreement which are not required for development generally in the city under the city's other land development regulations.

D.

The department shall schedule a hearing before the commission to consider the fair share agreement which shall take place within sixty (60) days of the date the coordinator certifies the fair share application to be complete and eligible. The hearing shall take place during a regularly scheduled meeting of the commission. At the conclusion of the hearing, the commission will formally enter into the fair share agreement, enter into the fair share agreement with modifications agreed to by the applicant and the city, or not enter into the fair share agreement. The basis for a refusal by the commission to enter into a fair share agreement shall be limited to the circumstance when the proposed fair share agreement does not comply with state or federal law, does not comply with this chapter, the comprehensive plan or any other city ordnance applicable to the proposed fair share agreement and its subject matter.

E.

No fair share agreement will be effective until approved by the commission.

F.

The proposed development in the application must be consistent with the comprehensive plan.

( Ord. No. 2006-40, § 8 )