A.

This Title and the Administrative Manual provides for a number of Land Use Applications.

B.

The land use applications required by this title and the administrative manual shall be reviewed and approved or denied by the land authority, as applicable, and in compliance with all requirements and standards of this title and the administrative manual, as applicable.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)

The decision-making standards set forth in this chapter are provided, based on the distinction between legislative and administrative proceedings. Legislative proceedings establish public law and policy that is applicable generally, while administrative proceedings apply public law and policy to factually distinct, individual circumstances.

A.

Legislative Proceedings. The BOCC is hereby identified to be the only land use authority of the county authorized to render a decision on any application determined to be a legislative matter and subject to a legislative proceeding. The following applications and actions are declared to be legislative matters and subject to legislative proceedings:

1.

General plan adoption.

2.

General plan amendments.

3.

Land use ordinance adoptions.

4.

Land use ordinance amendments.

5.

Zoning map amendments (rezones).

6.

Official map amendments.

7.

Temporary land use regulations.

B.

Legislative Proceedings Decision Standards. A decision regarding a legislative matter shall be based on the "reasonably debatable" standard, as follows:

1.

In rendering a decision for a legislative matter, involving a legislative proceeding, the BOCC may consider the following to promote the public health, safety and public interest of the county and its residents:

a.

Reports, information and testimony presented at the public hearing(s) or public meeting(s) when the legislative matter was considered; and

b.

The personal knowledge of BOCC members regarding the various conditions and activities bearing on the issue.

2.

The BOCC shall identify the basis, and any findings of fact for the decision, in the public record of the meeting when the legislative matter is decided.

C.

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

1.

Permitted use applications;

2.

Conditional use applications;

3.

Administrative conditional use applications;

4.

All subdivision applications, including all concept, design and final subdivision applications;

5.

Applications for a determination of nonconforming use(s), noncomplying structure(s), and other nonconformities;

6.

Variance applications;

7.

Building permit applications;

8.

Determination of application completeness;

9.

All other applications for any necessary approval, permit, or license required by the provisions of this title, and not identified to be a legislative matter, subject to legislative proceedings, as identified by this chapter.

D.

Administrative Proceedings Decision Standards. All decisions regarding an administrative matter shall be based on the "substantial evidence" standard including, as a minimum, the following:

1.

A statement of the standards for approval applicable to the application.

2.

A summary of the facts and evidence presented to the land use authority at the public hearing(s), public meeting(s) or in writing when the administrative matter was considered.

3.

A statement of findings of fact or other factors considered, including the specific references to applicable standards, as set forth in the land use ordinances, or other provisions.

4.

A statement of approval, approval with revisions or conditions, or denial, as applicable.

(Ord. No. 12-18-2017, O1, § 3, 12-18-2017)