3.94.070 Application review – Approval – Required findings – Issuance of conditional certificate – Denial – Appeal.
A. The director may approve an application if they find that:
1. When a new structure is being created, or an existing structure is being rehabilitated, a minimum of four new multifamily units are being constructed; or an existing structure vacant for 12 months or more has a minimum of four units being rehabilitated;
2. The proposed project is or will be, at the time of completion, in conformance with all approved plans, and all applicable requirements of the Auburn City Code or other applicable requirements or regulations in effect at the time the application is approved;
3. The owner has complied with all of the requirements of this chapter, including but not limited to project eligibility requirements contained in ACC 3.94.050, and application requirements contained in ACC 3.94.060; and
4. The project site is located within a designated residential targeted area.
B. The director shall deny an application if the foregoing criteria are not met.
C. If the application is approved, the owner shall enter into a contract and the director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of approval unless an extension is granted as provided in ACC 3.94.090.
D. Following their approval of the contract, the director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of approval unless an extension is granted as provided in ACC 3.94.090.
E. If the application is denied, the director shall state in writing the reasons for the denial and send notice of denial to the owner’s last known address within 10 working days of the denial.
F. An owner may appeal a denial of a tax exemption application to the hearing examiner by filing a notice of appeal with the city clerk within 30 calendar days of receipt of notice of the denial. The appeal before the hearing examiner shall be based upon the record before the director, and the director’s decision will be upheld unless the owner can show that there is no substantial evidence on the record to support the director’s decision. (Ord. 6257 § 1, 2009; Ord. 5779 § 1, 2003.)