Planning commission backs 5-year conditional-use-permit term, recommends retroactive relief

The Atwater Planning Commission voted unanimously to recommend that the City Council amend the municipal code to extend conditional-use-permit expirations from six months to five years and to apply that extension retroactively to permits approved within the last five years. Commissioner Connor moved the recommendation; the motion passed on a roll-call vote after discussion about implementation.

City Manager Chris Holm, who presented the proposed change, said the shorter current timeline often forces applicants back through review and public hearings and that a longer period would reduce avoidable reapplications. "Having a six-month expiration is very short given the different things that can come up such as needing to get financing," Holm told the commission.

Commissioners debated the appropriate timeframe. Several members said shorter projects would not typically need five years but that larger developments — such as subdivisions or hotels — may require extra time. Commissioner Kadich cautioned five years might be long in some cases, while Commissioner Don Borward and others argued the change would make Atwater more competitive with nearby Merced for larger projects.

Commissioners also pressed staff about whether the change should apply retroactively. Holm said he would work with the city attorney and recommended language be prepared for City Council consideration; the commission voted to recommend the code change and to advise that, if legally feasible, permits approved within the previous five years be extended to the five-year term.

The commission requested staff assess the administrative workload of reviewing past permits and to return a clear implementation plan with the recommendation to council. The commission's recommendation will go to City Council for first reading and any additional public notice and legal review required before the ordinance would take effect.