(2)AR 082107 Amendment to Title 18

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City Council Meeting — August 7, 2007 Zone Text Amendment, DAP -000-653 Page 6 of 11 these subjects. There is an existing Section 18.58.080 regarding development agreements, which will be renumbered as Section 18.58.102. No changes have been made to the text of this section. EXPLANATION OF PROPOSED TEXT CHANGE Section 18.58.070 Expiration of land use entitlements The proposed change is to remove Subsection (B) regarding revocations, and subsection (C) regarding the appeal procedure from this section so that it will only include the subject of expiration. Most of the same language that was previously included as Section 18.58.070(A) remains unchanged. Three revisions were made. The first is to remove the first sentence (this sentence will be moved to the section regarding appeals). The second change is to provide for one year extensions of variances and CUPs upon the showing of "good cause", rather than upon demonstration that the variance or CUP is the subject of a lawsuit. The existence of "good cause" is to be determined in the planning commission's sole discretion. The third is to correct a typo in this section, which involves changing the use of the term "shall" to "may", as pertains to the right of the Planning Commission to grant an extension. PROPOSED TEXT CHANGE (1) Edit title of Section 18.58.070 to delete reference to revocation and appeals, and delete the provisions regarding revocation (subsection B) and appeals (subsection C) from this section. (2) Change title of Section 1.58.070 from "Expiration, revocation and appeals" to Expiration of land use entitlements". Edit subsection A regarding expiration as follows: Any land use entitlement described in this chapter granted by the commission becomes null and void if not exercised within one year of the date of approval thereof. Upon written application by the applicant or property owner filed prior to the expiration of the approved land use entitlement, the time at which the land use entitlement expires may be extended by the commission for an additional one year period, at a time, for good cause. The existence of "good cause" will be determined at the sole discretion of the commission. . No more than four extensions may be granted for any approved land use entitlement.. Upon written application by the applicant or property owner filed prior to the expiration of the approved land use entitlement, the approved land use entitlement shall automatically be extended for thirty days or until the application for extension is approved or denied, whichever occurs first. All requests for extension shall be acted upon by the commission on the consent calendar. EXPLANATION OF PROPOSED TEXT CHANGE Section 18.58.080 Revocation of land use entitlements The new section includes most of the same language previously included as part of Section 18.58.070(B). The language has been revised to remove the ability of the Community Development Director to automatically revoke a land use entitlement, and requires such revocation to be accomplished by action of the Planning Commission