This title provides for a number of land use applications, including, but not limited to, General Plan amendment applications, land use ordinance amendment applications, zoning districts map amendment applications, use applications, variance applications, special exception applications, various appeals applications and building permit applications. (Ord. 2005-13, 2005)

The decision making standards set forth in this chapter are provided based on the distinction between legislative and administrative proceedings. Legislative proceedings establish new law while administrative proceedings implement a law already in existence.

   (1)   Legislative Proceedings: The City Council is hereby identified to be the only Land Use Authority of the City authorized to render a decision on any legislative matter and subject to a legislative proceeding. The following types of applications are hereby declared legislative matters and subject to legislative proceedings:

      (a)   General Plan amendment applications.

      (b)   Land use ordinance amendment applications, including zoning ordinance and subdivision ordinance amendment applications.

      (c)   Zoning map amendment applications (rezones), including site-specific rezones.

      (d)   Official map amendment applications.

      (e)   Temporary land use regulations.

      (f)   Combined land use map and zoning map amendments. (Ord. 2017-06, 2017)

   (2)   Legislative Proceedings; Decisions Standards: A decision regarding a legislative proceeding shall be based on the "reasonably debatable" standard:

      (a)   The City Council shall determine what action, if any, in its judgment and legislative discretion, is necessary to reasonably promote the interest and general welfare of the City and its residents.

      (b)   In rendering a decision for a legislative proceeding, the City Council may consider the following:

         (i)   Reports, information and testimony presented at public hearings or meetings when the legislative matter was considered; and

         (ii)   The personal knowledge of Council members regarding the various conditions and activities bearing on the issue, provided those items of personal knowledge are stated and discussed on the record when the legislative matter was considered.

      (c)   The public record of the meeting when the legislative matter is considered shall include why the City Council believes its decision is in the interest of the general welfare of the City and its residents. (Ord. 2017-02, 2017)

   (3)   Administrative Proceedings: The following types of applications are hereby declared to be administrative matters and subject to administrative proceedings:

      (a)   Administrative interpretations.

      (b)   Class I, II, III, IV, and V use applications.

      (c)   Special exception applications.

      (d)   Applications for determinations of a legal noncomplying structure, noncomplying structure and other nonconformities.

      (e)   Variance applications.

      (f)   Building permit applications.

      (g)   All other applications for any necessary approval, permit or license required by the provisions of this title, and all other land use ordinances, and not identified to be a legislative proceeding, as identified by this chapter.

   (4)   Administrative Proceedings; Decision Standards: All decisions regarding an administrative proceeding shall be based on the "substantial evidence" standard, including, as a minimum, the following:

      (a)   A statement of the standards for approval applicable to the application;

      (b)   A summary of the facts and evidence presented to the Land Use Authority;

      (c)   A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards, as set forth in the land use ordinances, or other provisions of this Code; and

      (d)   A statement of approval, approval with requirements or conditions, or denial, as applicable.

   (5)   Findings Of Fact: The Land Use Authority, as applicable, shall identify and include findings of fact for decisions of administrative matters. (Ord. 2005-13, 2005)