Type I Procedure (Staff Review—Zoning Checklist). Type I decisions are made by the Planning Official, or his or her designee, without public notice and without a public hearing. A Type I procedure is used in applying City standards and criteria that do not require the use of discretion (i.e., there are clear and objective standards).

Type II Procedure (Administrative or Staff Review with Notice). Type II decisions are made by the Planning Official, with public notice and an opportunity for appeal to the Planning Commission. Alternatively the Planning Official may refer a Type II application to the Planning Commission for its review and decision in a public meeting.

Type III Procedure (Quasi-Judicial Review—Public Hearing). Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council; or in the case of a Quasi-Judicial zone change (e.g., a change in zoning on one property to comply with the Comprehensive Plan), a Type III decision is made by the City Council on recommendation of the Planning Commission. Quasi-Judicial decisions involve discretion but implement established policy.

Type IV Procedure (Legislative Review). The Type IV procedure applies to the creation, revision, or large-scale implementation of public policy (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission, which makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance.

Application Forms. Approvals requiring Type I review, including Zoning Checklists, shall be made on forms provided by the City.

Application Requirements. When a Zoning Checklist is required, it shall:

Application Forms. Applications for projects requiring Administrative Review shall be made on forms provided by the Planning Official.

Submittal Information. The Planning Official shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:

The Planning Official shall mail notice of a pending Type II decision to the following individuals and agencies no fewer than 14 days prior to making the Type II decision.

The purpose of the Administrative Decision notice is to give nearby property owners and other interested people and agencies the opportunity to submit written comments on the application before the Planning Official issues the decision. The intent is to invite people to participate early in the decision-making process. Therefore all of the following individuals and agencies shall be notified:

The notice of pending Administrative Decision, at a minimum, shall contain all of the following information:

At the conclusion of the comment period, the Planning Official shall review the comments received and prepare a decision notice approving, approving with conditions, or denying the application based on the applicable Code criteria. Alternatively, the Planning Official may transmit all written comments received, if any, along with a copy of the application to the Planning Commission for review and decision at its next regularly scheduled meeting.

Where the Planning Official refers an application subject to Administrative Review to the Planning Commission, the Planning Commission shall approve, approve with conditions, or deny the application through the Type II procedure based on the applicable Code criteria. The Planning Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided that the Commission makes a final decision within the 120-day period prescribed under state law (ORS 227.178) and as described in Section 17-4.1.060 of this Code. Alternatively, the applicant may voluntarily waive his or her right to a final decision within the 120-day timeframe and the Commission may decide to accept oral and written testimony in a public hearing review of the application, pursuant to Section 17-4.1.040; in which case, a new public notice must be mailed to those who received the original notice indicating the change to a quasi-judicial (public hearing) review procedure.

Within seven days of a Type II Administrative Decision, the Planning Official shall proceed to prepare a notice of decision and mail it to the applicant, property owner (if different), the Building Official, those who provided written comments on the proposal, and those who requested a copy of the decision. The Planning Official shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and shall demonstrate that the notice was mailed to the parties above and was mailed within the time required by law.

The Administrative Notice of Decision shall contain all of the following information:

Who May Appeal. The following people have legal standing to appeal a Type II Administrative Decision:

Appeal Filing Procedure.

Scope of Appeal. The appeal of a Type II Administrative Decision shall be a hearing de novo, either before the Planning Commission, where the contested decision was made by the Planning Official, or before the City Council, where the Planning Commission made the contested decision. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Administrative Decision, but may include other relevant evidence and arguments. The hearing appeal body shall allow additional evidence, testimony, or argument concerning any relevant standard, criterion, condition, or issue.

Appeal Hearing Procedure. Hearings on appeals of Type II decisions shall follow the same procedure used for public hearings on Type III reviews under Section 17-4.1.040, which contains requirements for public hearing notices, conduct of hearings, and decision-making procedures.

Application Forms. Applications requiring Quasi-Judicial Review shall be made on forms provided by the Planning Official.

Submittal Information. The Planning Official shall advise the applicant on application submittal requirements. At a minimum, the application shall include all of the following information:

Mailed and Posted Notice.

Content of Notice. Notice of a Quasi-Judicial hearing to be mailed and published per subsection B.1, shall contain all of the following information:

At the commencement of the hearing, the Chairperson of the Commission or Mayor, as applicable, or his or her designee, shall state to those in attendance all of the following information and instructions:

The public is entitled to an impartial hearing body. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, that member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall be excused from the proceedings.

Presenting and Receiving Evidence.

The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous City decisions; case law; staff reports). Upon announcing its intention to take notice of such facts in its deliberations, it must allow persons who are present at the hearing and previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.

If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that he or she can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.

If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the hearing body shall reopen the record, as follows:

The Notice of Quasi-Judicial Decision shall contain all of the following information:

Who May Appeal. The following people have legal standing to appeal:

Appeal Filing Procedure.

Scope of Appeal. The appeal of a Type III Quasi-Judicial Decision shall be a hearing de novo before the City Council. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Quasi-Judicial Decision, but may include other relevant evidence and arguments. The hearing appeal body shall allow additional evidence, testimony, or argument concerning any applicable standard, criterion, condition, or issue.

The official public hearing record shall include all of the following information:

The meeting minutes shall be filed in hardcopy form with the Planning Official. The minutes and other evidence presented as a part of the hearing shall be part of the record.

All exhibits received and displayed shall be marked to provide identification and shall be part of the record.

Application Forms. Legislative applications shall be made on forms provided by the Planning Official.

Submittal Information. The application shall contain all of the following information:

The Planning Official shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments (zone change, rezoning with annexation, or comprehensive plan amendment) at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD Certificate of Mailing.

At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

At least 10 days before the scheduled City Council public hearing date, public notice shall be published in a newspaper of general circulation in the city and the City's Website.

For each mailing and publication of notice, the Planning Official shall keep an affidavit of mailing/publication in the record.

Prepare application forms based on the provisions of this Code and applicable state law;

Prepare required notices and process applications for review and action;

Assist the Planning Commission and City Council in administering the hearings process;

Answer questions from the public regarding the City's land use regulations;

Prepare staff reports summarizing pending applications, including applicable decision criteria;

Prepare findings consistent with City decisions on land use and development applications;

Prepare notices of final decisions, file the notices in the City's records, and mail a copy of the notices to all parties entitled to notice under this Code; and

Maintain and preserve the file and public record for each application.

Information required for Type II or Type III review, as applicable (see Chapter 17-4.1).

Public Facilities and Services Impact Study. The impact study shall quantify and assess the effect of the development on public facilities and services. The City shall advise as to the scope of the study. The study shall address, at a minimum, the transportation system, including required improvements for vehicles and pedestrians; the drainage system; the parks system; water system; and sewer system. For each system and type of impact, the study shall propose improvements necessary to meet City requirements. The City may require a Traffic Impact Analysis pursuant to Section 17-3.6.020.A(4).

Site Analysis Map. The site analysis map shall contain all the following information, as the Planning Official deems applicable:

Proposed Site Plan. The site plan shall contain all the following information:

Architectural Drawings. Architectural drawings shall include, as applicable:

Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for development sites one-half acre or larger, or where otherwise required by the City. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Section 17-3.6.040.

Landscape Plan. Where a landscape plan is required, it shall show the following, pursuant to Chapter 17-3.4:

Deed Restrictions. Copies of all existing and proposed restrictions or covenants, including those for roadway access control.

Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in Section 17-4.2.050.

Traffic Impact Analysis, when required by Section 17-3.6.020.A(4).

Other information determined by the Planning Official. The City may require studies or exhibits prepared by qualified professionals to address specific site features or project impacts (e.g., traffic, noise, environmental features, natural hazards, etc.), as necessary to determine a proposal's conformance with this Code.

Chapter 17-3.3 Access and Circulation,

Chapter 17-3.4 Landscaping, Fences and Walls, Outdoor Lighting,

Chapter 17-3.5 Parking and Loading,

Chapter 17-3.6 Public Facilities, and

Chapter 17-3.7 Signs;

A public improvement plan or building permit application for the project has not been submitted within one year of approval; or

Construction on the site is in violation of the approved plan.

No changes are made on the original approved plan;

The applicant can show intent of initiating construction on the site within the one-year extension period;

There have been no changes to the applicable Code provisions on which the approval was based. If there have been changes to the applicable Code provisions and the subject plan does not comply with those changes, then the extension shall not be granted; in this case, a new Site Design Review shall be required; and

The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant's control.

Subdivisions are the creation of four or more lots from one parent lot, parcel, or tract, within one calendar year.

Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract within one calendar year.

Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).

The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.

Any changes to the preliminary plat follow the procedures in Chapter 17-4.5;

The applicant has submitted written intent to file a final plat within the one-year extension period;

An extension of time will not prevent the lawful development of abutting properties;

There have been no changes to the applicable Code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

The extension request is made before expiration of the original approved plan.

In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than one year;

Public facilities shall be constructed in conjunction with or prior to each phase;

The phased development shall not result in requiring the City or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal; and

The proposed phasing schedule shall be reviewed with the preliminary subdivision plat application.

Streets are interconnected to the extent practicable; blocks are walkable in scale (generally 200 to 600 feet in length), except where topography, existing development, or other physical features require longer blocks, in which case pedestrian access ways connect through long blocks;

Water, sewer, and storm drainage facilities logically extend to serve the site at buildout, consistent with adopted public facility plans. Where a public facility plan identifies a need for new capacity-related improvements (e.g., water storage, sewage treatment, pump stations, etc.) in the future, the plan shall describe conceptually how such improvements can be accommodated;

Overall, the plan achieves a housing density that is within 80 to 100 percent of planned densities, consistent with the Comprehensive Plan and Development Code; and

The plan reserves land needed for public use (e.g., schools, parks, fire stations, and other facilities), in accordance with the Comprehensive Plan and to the extent allowed under applicable law.

Granting the modification is necessary to achieve planned housing densities, as allowed by the underlying zone, or to improve development compatibility with natural features or adjacent land uses;

The Planning Official may require screening, buffering, or other transitions in site design where substandard lots are proposed to abut standard- or larger-sized lots.

Information required for a Type III review (see Section 17-4.1.040); and

Public Facilities and Services Impact Study. The impact study shall quantify and assess the effect of the development on public facilities and services. The City shall advise as to the scope of the study, which shall address, at a minimum, the transportation system, including required improvements for motorized and non-motorized vehicles and pedestrians; the drainage system; the parks system (for subdivisions and planned unit developments of 20 or more dwelling units); water system; and sewer system. For each system and type of impact, the study shall propose improvements necessary to meet City standards under adopted ordinances and facility master plans. The City may require a Traffic Impact Analysis pursuant to Section 17-3.6.020.A.4.

General Information.

Existing Conditions. Except where the Planning Official deems certain information is not relevant, applications for Preliminary Plat approval shall contain all of the following information on existing conditions of the site:

Proposed Development. Except where the Planning Official deems certain information is not relevant, applications for Preliminary Plat approval shall contain all of the following information on the proposed development:

The land division application shall conform to the requirements of Chapter 17-4.3;

All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of Division II Zoning Regulations, except as modified by the provisions of Chapter 17-4.3 (e.g., lot size averaging);

Access to individual lots, and public improvements necessary to serve the development, including, but not limited to, water, sewer, and streets, shall conform to Division III Community Design Standards;

The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

The proposed streets, utilities, and surface water drainage facilities conform to City of Molalla adopted master plans and applicable engineering standards, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;

All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through appropriate legal instrument;

Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to development;

Evidence that improvements or conditions required by the City, road authority, Clackamas County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and

The architectural standards of Section 17-3.2.030.D are met.

The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, rights-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

All public improvements required by the preliminary plat have been installed and approved by the City or applicable service provider if different than the City of Molalla (e.g., road authority), or otherwise bonded in conformance with Section 17-3.6.090;

The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

All required streets, access ways, roads, easements, and other dedications or reservations are shown on the plat;

The plat and deed contain a dedication to the public of all public improvements, including, but not limited to, streets, public pathways and trails, access reserve strips, parks, and water and sewer facilities, as applicable;

As applicable, the applicant has furnished acceptable copies of Covenants, Conditions, and Restrictions (CC&Rs); easements; maintenance agreements (e.g., for access, common areas, parking, etc.); and other documents pertaining to common improvements recorded and referenced on the plat;

Verification by the City that water and sanitary sewer service is available to every lot depicted on the plat; and

The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of each monument and its reference to some corner approved by the Clackamas County Surveyor for purposes of identifying its location.

No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92.

No plat shall be recorded until the County Surveyor approves it in the manner provided by ORS Chapter 92.

Parcel Creation. No additional parcel or lot is created by the lot line adjustment;

Lot Standards. All lots and parcels conform to the applicable lot standards of the zoning district (Division II) including lot area, dimensions, setbacks, and coverage. As applicable, all lots and parcels shall conform the City of Molalla Water Resources Overlay; and

Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 17-3.3 Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made less conforming by the property line adjustment.

Recording. Upon the City's approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with Clackamas County within 60 days of approval (or the decision expires), and submit a copy of the recorded survey map to the City, to be filed with the approved application.

Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within 15 days of recording and prior to any application being filed for a building permit on the re-configured lots.

The site size, dimensions, location, topography, and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

The negative impacts of the proposed use, if any, on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval;

All required public facilities, including water, sanitary sewer, and streets, have adequate capacity or are to be improved to serve the proposal, consistent with City standards; and

A conditional use permit shall not allow a use that is prohibited or not expressly allowed under Division II; nor shall a conditional use permit grant a variance without a variance application being reviewed with the conditional use application.

Limiting the hours, days, place, and/or manner of operation;

Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor, and/or dust;

Requiring larger setback areas, lot area, and/or lot depth or width;

Limiting the building or structure height, size, lot coverage, and/or location on the site;

Designating the size, number, location, and/or design of vehicle access points or parking and loading areas;

Requiring street right-of-way to be dedicated and street improvements made, or the installation of pathways or sidewalks, as applicable;

Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

Limiting the number, size, location, height, and/or lighting of signs;

Limiting or setting standards for the location, type, design, and/or intensity of outdoor lighting;

Requiring berms, screening, or landscaping and the establishment of standards for their installation and maintenance;

Requiring and designating the size, height, location, and/or materials for fences;

Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

Requiring improvements to water, sanitary sewer, or storm drainage systems, in conformance with City standards; and

The Planning Commission may require review and renewal of conditional use permits annually or in accordance with another timetable. Where applicable, the timetable shall provide for periodic review and renewal, or expiration, of the conditional use permit to ensure compliance with conditions of approval; such period review may occur through a Type III review process, except where the Planning Commission delegates authority to the Planning Official to issue renewals, who shall do so through a Type I or Type II procedure (see Chapter 17-4.1 for review procedures).

A change in land use, from a less intensive use to a more intensive use, as evidenced by parking, paved area, an estimated increase in automobile or truck trips (peak and/or average daily trips), an increase in hours of operation, an increased demand for parking, additional paved area, or similar factors, where the increase is 20 percent or more, provided the standards of Divisions II and III are met;

An increase in floor area in a commercial or industrial development, or an increase in the number of dwelling units in a multifamily development, by 20 percent or more, provided the standards of Divisions II and III are met;

A reduction in required setbacks, or an increase in lot coverage, by 20 percent or more, provided the standards of Divisions II and III are met;

A change in the type and/or location of vehicle access points or approaches, driveways, or parking areas affecting off-site traffic when the roadway authority determines the change could cause a significant adverse impact on traffic operations or safety (i.e., requiring mitigation);

A reduction to screening, or a reduction to the area reserved for common open space or landscaping by 20 percent or more;

Change to a condition of approval, or a change similar to subsections A.1 through 5, that could have a detrimental impact on adjoining properties. The Planning Official shall have discretion in determining detrimental impacts triggering a major modification; or

Other changes similar to those in subsections A.1 through 6, in scale, magnitude, or impact to adjacent properties, as determined by the Planning Official.

The applicant shall submit an application form, filing fee, letter describing the modification, and site plan using the same plan format as in the original approval. The City may require other relevant information, as necessary, in evaluating the request;

The application shall be subject to the same approval criteria used for the initial project approval; except that a modification adding a conditional use to a project approved without a conditional use shall require findings in conformance with Chapter 17-4.4;

The scope of review shall be limited to the modification request. For example, a request to modify a commercial development's parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc. Notice shall be provided in accordance with Chapter 17-4.1; and

The Planning Commission shall approve, deny, or approve with conditions an application for major modification based on written findings on the applicable Code criteria (e.g., subdivision, Site Design Review, conditional use, etc.).

Setbacks. Up to a 20 percent reduction to a minimum setback.

Lot Coverage. Up to a 20 percent increase to the maximum lot coverage.

Lot Dimensions. Up to a 20 percent decrease to a minimum lot dimension.

Lot Area. Up to a 20 percent decrease in minimum lot area.

Other Dimensional Standards. Up to a 20 percent increase or decrease in a quantitative (numerical) standard not listed above. This option is limited to standards in Division II (Tables 17-2.2.040.D and 17-2.2.040.E, and Chapter 17-2.3 Special Use Standards) and Division III; it does not include building code requirements, engineering design standards, public safety standards, or standards implementing state or federal requirements, as determined by the Planning Official.

The Adjustment allows for a building plan that is more compatible with adjacent land uses, or it does not create a conflict with adjacent uses;

The Adjustment is necessary to allow for normal interior building functions, such as mechanical equipment/utility closets, heating and ventilation systems, restrooms, stockrooms, shelving, and similar interior building functions;

Approval of the Adjustment does not create: (a) violation(s) of any other adopted ordinance or code standard, and (b) does not create the need for a Variance;

An application for an Adjustment is limited to one lot per application;

Requests for more than one Adjustment on the same lot shall be consolidated on one application and reviewed concurrently by the City;

Not more than three Adjustments may be approved for one lot or parcel in a continuous 12-month period; and

All applicable building code requirements and engineering design standards shall be met.

The Variance is necessary because the subject Code provision does not account for special or unique physical circumstances of the subject site, existing development patterns, or adjacent land uses. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance;

The Variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;

The need for the Variance is not self-imposed by the applicant or property owner. (For example, the Variance request does not arise as a result of a property line adjustment or land division approval previously granted to the applicant);

The Variance does not conflict with other applicable City policies or other applicable regulations;

The Variance will result in no foreseeable harm to adjacent property owners or the public; and

All applicable building code requirements and engineering design standards shall be met.

Application for master planned development concept plan approval;

Application for detailed development plan approval, which may include a preliminary subdivision plan; and

Application(s) for final development plan (e.g., final plat and/or site design review) approval.

The master planned development concept plan shall be reviewed pursuant to the Type III procedure in Section 17-4.1.040, the submission requirements in Section 17-4.8.050, and the approval criteria in Section 17-4.8.060.

The detailed development plan and preliminary subdivision plan shall be reviewed using the Type II procedure in Section 17-4.1.030 to ensure substantial compliance with the approved concept plan.

Site design review applications for approved planned developments shall be reviewed using a Type II procedure in Section 17-4.1.030 to ensure substantial compliance with the approved concept plan.

Steps 1 through 3, above, may be combined in any manner, so long as the decision-making sequence follows the above order. Notification and hearings may be combined.

Greater variety of housing types or lot sizes than would be achieved under the base Development Code standards;

More open space or more usable open space than would be required under the base Development Code standards;

Greater protection of natural features than would be required under the base Development Code standards;

Avoidance of natural hazards (e.g., geological hazards, river resources, or flood hazards); and

Improved transportation connectivity, such as the provision of pathways and/or other transportation facilities, that would not otherwise be provided pursuant to base Development Code requirements.

Statement of planning objectives to be achieved by the master planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

Development schedule indicating the approximate dates when construction of the project and its various phases, if any, including public facilities, are expected to be initiated and completed;

Statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development;

Narrative report or letter documenting compliance with the applicable approval criteria contained in Section 17-4.8.060;

Maintenance plan for any common areas or lands not dedicated to a public agency or owned in fee simple; and

Additional reports or studies prepared by qualified professionals, as required by the Planning Official and City Engineer, to determine potential project impacts and mitigation, if any, related to: transportation; public facilities; geologic or other hazards; architecture; noise, light, solar access, air quality, or similar concerns; and natural features.

Existing conditions map, as defined in Section 17-4.2.040 Site Design Review Application Submission Requirements;

Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);

Grading concept (for hillside or sloping properties, or where extensive grading is anticipated);

Landscape concept (e.g., shows retention of existing vegetation and general planting areas);

Architectural concept (e.g., plans illustrate architectural styles, building heights, and general materials);

Sign concept plan (e.g., locations, general size, style, and materials of signs), as applicable; and

Copy of all existing covenants and restrictions, and a general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.).

By dedication to the City as publicly owned and maintained open space. Open space proposed for dedication to the City must be acceptable to the Planning Commission with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and approved by City Council based on budgetary, maintenance, and liability considerations; or

By leasing or conveying title (including beneficial ownership) to a corporation, homeowners' association, or other legal entity. The terms of such lease or other instrument of conveyance must include provisions for maintenance and property tax payment acceptable to the City. The City, through conditions of approval, may also require public access be provided, where the open space is deemed necessary, based on impacts of the development and to meet public recreational needs pursuant to the Comprehensive Plan.