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HomeMy WebLinkAbout2583 Amends Procedures ChapterORDINANCE NO. 2583 AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTER 18.108 OF THE LAND USE TITLE OF THE ASHLAND MUNICIPAL CODE PERTAINING TO PROCEDURES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.108 of the Ashland Municipal Code shall be amended in it entirety, and shall read as follows: Chapter 18.108 PROCEDURES Sections: 18.108.010 18.108.020 18.108.030 18.108.040 18.108.050 18.108.060 18.108.065 18.108.070 18.108.080 18.108.090 18.108.100 18.108.110 18.108.120 18.108.130 18.108.140 18.108.150 18.108.160 Purpose Types of Procedures Staff Permits Type I Procedure Type II Procedure Type III Procedure Annexations Appeals Public Notice Administrative Hearings Public Hearings Resubmittal of Applications' Effective and Final Date of Land Use Decision Applications and Deadlines Fees Council or Commission May Initiate Actions Ordinance Interpretations 18.108.010 18.108.020 18.108.030 A) 13) PURPOSE: The purpose of this chapter shall be to establish standard procedures for the initiation and decision making process of planning actions. TYPES OF PROCEDURES: All planning actions shall be subject to processing by one of the four following procedures: -- Staff Permit Procedure -- Type I Procedure -- Type II Procedure -- Type III Procedure STAFF PERMIT PROCEDURE The following actions shall follow the Staff Permit Procedure: 1) 2) 3) 4) 5) Boundary Line Adjustments Site Review for 2 or 3 residential units on a single lot. Physical and Environmental Constraints Review Permits as allowed in 18.62 Variances to Section 18.70.060 Site Reviews for Commercial, Employment, or Manufacturing uses that are expansions of an existing use, and do not exceed 2500 square feet of new building area, or modification of 10% of the area of the site. 6) Extension of time limits for approved planning actions. 7) Other actions specifically permitted in this Title. Staff Permit Procedure 1) Within 10 working days after receipt of a complete application, an administrative hearing shall be held reviewing the requested planning action. 2) Public Notice shall be mailed within seven working days of the administrative hearing, following the notice procedures of 18.108.080. 2 18.108.040 A) 3) If no request for a public hearing is received by the Planning Department within 10 days of the mailing of the notice, the decision of the Staff Advisor shall become final. 4) If a request for a public hearing is received within 10 days of the mailing of the notice, a public hearing shall be scheduled for the next regular Planning Commission or Hearings Board meeting allowing an adequate notice period, subject to all the requirements of the Type II procedure, except that the notice procedure shall be the same as for a Staff Permit. TYPE I PROCEDURE The following actions shall follow the Type I Procedure: 1) Final Plan Approval for Performance Standards Subdivisions 2) Site Reviews for multi-family developments of 4 residential units or more on a lot, and for all commercial and employment developments other than those subject to a Staff Permit Procedure; 3) Minor Land Partitions and Flag Partitions which require no variances or only variances subject to Type I procedures; 4) Minor amendments to conditions of approval established by the Planning Commission; 5) Creation of a private way, as allowed in 18.80.030 B. 6) Conditional Use Permits involving existing structures or additions to existing structures, and not involving the construction of a new commercial building or more than 3 residential dwelling units, or temporary uses. 7) Variances for: a) b) c) d) e) g) Sign Placement; Non-conforming signs, when bringing them into conformance as outlined in 18.96.130 D. Up to 50% variance of standard yard requirements Parking in setback areas; Up to 10% reduction in the number of required parking spaces; Up to 10% reduction in the required minimum lot area; Up to 10% increase in the maximum lot coverage percentage; B) h) i) Up to 20% variance in lot width or lot depth requirements; Up to 50% variance for parking requirements in Ashland's Historic District as outlined in 18.92.055. 8) Other actions specifically permitted in this Title. Type I Procedure 1) Complete applications must be submitted at least 30 days prior to the next regularly scheduled Planning Commission meeting. 2) Within 10 working days after the receipt of a complete application, an administrative hearing will be held. a) The Staff Advisor or his or her designate shall act as Hearings Officer, and make the decision based upon the applicable criteria found in the Land Use Ordinance. b) A decision shall be rendered at the administrative hearing, with conditions of approval attached if appropriate. The Hearings Officer shall make written findings for each decision. 3) Public Notice shall be sent out, following the procedures of 18.108.080, informing affected property owners of the Hearings Officer decision. Affected property owners shall have 10 days from the date of mailing in which to appeal the decision of the Hearings Officer to the Planning Commission. Requests for a public hearing shall specifically include the name and address of the person requesting the public hearing; the number of the planning action for which the public hearing is being requested, and the reasons for which the public hearing is requested. 4) If a request for a public hearing is received within 10 days of the mailing of the notice, a public hearing shall be scheduled for the next available Planning Commission or Hearings Board meeting, subject to all the requirements of the Type II procedure, except that notice shall be sent as required for a Type I action. s) If no request for a public hearing is received by the Planning Department within 10 days of the mailing of the notice, the 6) 8) action shall be reviewed by the Planning Commission or Hearings Board at their regularly scheduled meeting. The Commission may: a) Amend the decision of the Hearings Officer; in such case, the action shall be re-noticed as a Type I decision, with a 7-day appeal period, except that the Planning Commission shall not review the decision again should there be no appeal filed. b) Call up the action for a Type II Procedure, through a majority vote of those in attendance, to be heard at the following month's regularly scheduled Planning Commission meeting. c) If the Planning Commission does not take any action on the Type I planning actions at the meeting when they appear on the agenda, they are final when the meeting is adjourned. Applicants may request that Type I actions be processed as a Type II action. Such requests shall not increase the Type I application fee. The Staff Advisor may process Type I planning actions under the Type II procedure at his/her discretion. Such change in processing shall not increase the Type I application fee. 18.108.050 TYPE II PROCEDURE The following actions shall follow the Type II Procedure: 1) 2) 3) 4) 5) All Conditional Use Permits not subject to a Type I procedure All variances not subject to the Type I procedure. Outline Plan for subdivisions under the Performance Standard Options (AMC 18.88). Preliminary Plat for subdivisions under the standard subdivision code (AMC 18.80). Major Land Partitions. 5 18.108.060 B) ^) 6) Final Plan approval for all subdivision requests under the Performance Standard Options not requiring Outline Plan approval. 7) Any Type I planning action for which a public hearing has been requested. 8) Any appeal of a Staff decision or interpretation. 9) Other actions-specifically permitted in this Title. Type II Procedure 1) Complete applications must be submitted at least 30 days prior to the next regularly scheduled Planning Commission meeting. 2) Public Notice shall be sent out, following the procedures of 18.108.080. 3) Public Hearing shall be held before the Planning Commission in accord with the requirements of 18.108.100. At such public hearing, after receipt of public testimony, the Commission may approve, approve with conditions or deny the request. The Commission may also continue the public hearing to the next meeting to allow for the submittal of additional information for consideration in the decision. At the public hearing, the date, time, and location for the continuance of the public hearing shall be stated. After such statement, no additional public notice shall be required. 4) The decision of the Planning Commission may be appealed to the City Council as outlined in 18.108.070. TYPE III PROCEDURE The following actions shall follow the Type III Procedure: 1) Zone Changes or Amendments to the Zoning Map. 2) Zoning Ordinance text amendments, additions or deletions. 3) Comprehensive Plan Map Changes or Amendments. 4) Comprehensive Plan text amendments, additions or deletions. 5) Annexations. B) c) 6) Urban Growth Boundary Amendments. Type III Planning Actions - Generally l) 2) 3) Actions 1,2,3, and 4 in 18.108.060 A) one of the following conditions exist: a) b) c) d) may be approved when A public need, supported by the Comprehensive Plan. The need to correct mistakes. The need to adjust to new conditions. Where compelling circumstances relating to the general public welfare require such an action. Annexations shall be subject to the criteria of 18.108.065. Urban Growth Boundary Amendments shall be filed according the requirements outlined in the Urban Growth Boundary Agreement between the City of Ashland and Jackson County, and subject to all of the criteria therein. Type III Procedure 1) Initiation of a Type IIl action may be made by: a) Resolution by the Planning Commission. b) Resolution by the City Council. c) Application by one or more property owners, or their authorized agents. 2) Complete applications must be submitted at least 45 days prior to the next regularly scheduled Planning Commission meeting. 3) Public notice shall be sent out, following the procedures of 18.108.080. 4) The action may be reviewed by the Citizens Planning Advisory Committee (CPAC), at the President of CPAC's 7 5) 6) 7) 8) 9) discretion. Notice of such review shall be included in the public notice. Public Hearing shall be held before the Planning Commission in accord with the requirements of 18.108.100. Following the Public Hearing before the Commission, the Commission shall make a report of its findings and recommendations on the proposed action. Such report shall be forwarded to the City Council within 45 days of the public hearing. Upon receipt of the Planning Commission report, or within 60 days of the Commission hearing, the City Council shall hold a Public Hearing on the action in accord with the requirements of 18.108.100. Public notice of such hearing shall be sent in accord with the requirements of 18.108.080. After the receipt of public testimony at the Public Hearing, the Council may approve, approve with conditions, or deny the application. The Council may also continue the public hearing to allow for the submittal of additional information. At the public hearing, the date, time, and location for the continuance of the public hearing shall be stated. After such statement, no further public notice shall be required. Approval of Type III actions shall be by ordinance only. Denial of Type III actions shall be by adoption of findings of denial. 18.108.065 ^) ANNEXATIONS All annexations shall be processed under the Type III procedure. Application for annexation shall include the following information: 1) Consent to annexation which is non-revokable for a period of one year from its date. 2) Agreement to pay system development annexation charges as required by AMC 4.16.010. 3) Agreement to deposit an amount sufficient to retire any outstanding indebtedness of Public Service Districts defined' in ORS 222.510. 4) Boundary description and map prepared in accordance with ORS 308.225. Such description and map be prepared by a registered land surveyor. The boundaries shall be surveyed and monumented as required by ORS subsequent to Council approval of the proposed annexation. 5) Written findings addressing the criteria in 18.108.065 C). ¢) The following findings shall be required for approval of an annexation to the City of Ashland: 1) That the land is within the City's Urban Growth Boundary. 2) That the proposed zoning and project are in conformance with the City's Comprehensive Plan. 3) That the land is contiguous with the City Limits. 4) That public services, including but not limited to adequate sewer, water, and electric utility capacity, access to fully improved public streets, and storm drainage; are available or can reasonably be made available to the site within 3 years time, and that the applicant or the City have the financial resources to extend City services within that time frame. 5) That a public need for additional land, as defined in the City's Comprehensive Plan, can be demonstrated. D) When an annexation is initiated by a private individual, the Staff Advisor may include other parcels of property in the proposed annexation to make a boundary extension more logical and to avoid parcels of land which are not incorporated but are partially or wholly surrounded by the City of Ashland. The Staff Advisor, in his/her report to the Commission and Council, shall justify the inclusion of any parcels other than the parcel for which the petition is filed. The purpose of this section is to permit the Planning Commission and Council to make annexations extending the City's boundaries more logical and orderly. E) The applicant for the annexation shall also declare which procedure under ORS 222 they propose that the Council use, and supply evidence that the approval through this procedure is likely. 18.108.070 APPEALS A) Actions subject to appeal: 9 13) 1) Staff decisions and interpretations. The decision of the Planning Commission shall be the final decision of the City on appeals of Staff decisions and interpretations. 2) Type I Planning Actions. The decision of the Planning Commission shall be the final decision of the City on appeals of all planning actions subject to the Type I Planning Procedure. 3) Type II Planning Actions. The decision of the City Council shall be the final decision of the City on appeals of all planning actions subject to the Type II Planning Procedure. 4) The City Council may call up any planning action for a public hearing and decision upon motion and majority vote, provided such vote takes place in the required time period, as outlined below. Appeal Procedures 1) Appeals of Staff decisions and interpretations shall be processed as Type II Planning Actions before the Planning Commission. The standard Appeal Fee shall be required as part of the application. a) The appeal shall be filed within 15 days after such Staff decision or interpretation is made. The appeal application shall be made in writing, including appellant's name, address and the basis for making the appeal. b) The appeal hearing shall be scheduled for the next regularly scheduled Planning Commission meeting allowing adequate time to meet the Public Notice requirements of 18.108.080. 2) Appeals of Type II Planning Commission decisions shall be heard and decided by the City Council, following the Type II procedure. The standard Appeal Fee shall be required as part of the application. 10 c) a) The appeal shall be filed within 15 days after the final date of approval/denial of the land use decision, as defined in 18.108.120. b) The appeal shall be in writing and filed with the City Administrator's Office. Such appeal shall include the appellant's name, address, and specifically stating the grounds for which the Planning Commission's decision should be overturned, based on the applicable criteria or procedural irregularity. c) The appeal hearing shall be scheduled for a City Council meeting allowing adequate time to meet the Public Notice requirements of 18.108.080. d) The Council shall receive a complete record of the Planning Commission meeting, including all information presented by the applicant, proponents, and opponents, prior to the public hearing. Such record shall also include the adopted findings and minutes of the Planning Commission. e) The public hearing before the Council shall be conducted as a de novo hearing, and conducted in accord with the requirements of 18.108.100. At such public hearing, after receipt of public testimony, the Council may approve the original planning action, approve with conditions, or deny the planning action. The Council may also continue the public hearing to the next meeting in order to allow for the submittal of additional information. The date, time, and location of the continuance of the hearing shall be stated at the hearing. After such statement, no further public notice shall be required. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following: 1) The applicant. 2) Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal. 3) The City Council, by majority vote. 11 18.108.080 D) Public A) 13) 4) Persons who were entitled to receive notice of the action but did not receive notice due to error. Frivolous Appeals - The City Council may dismiss an appeal if it finds that the appeal is not based upon the applicable criteria or procedural irregularity. PUBLIC NOTICE notice regarding all planning actions shall be given as follows: All mailed public notices shall contain the following information: 1) Explanation of the nature of the application and the proposed use or uses which could be authorized. 2) List of the applicable criteria from the ordinance and the plan that apply to the application at issue. 3) The street address or other easily understood geographical reference to the subject property. 4) The name of a local government representative to contact and the telephone number where additional information may be obtained. s) Statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost. Staff Permit Public Notice 1) The notice shall contain the information of 18.108.080 A) above. 2) The notice shall also contain the following information: a) That the action has been approved by the Ashland Planning Department, and the date of approval. b) That no public hearing will be held unless specifically requested. c) That a request for a public hearing must be made by the date indicated on the notice in order for a public hearing to be scheduled. 12 c) d) That such request for a public hearing shall include the name and address of the person requesting the public hearing, and the reasons for requesting the public hearing. 3) Notice shall be mailed to the following persons: a) the applicant, or authorized agent. b) the subject property owner. c) all owners of record of property on the most recent property tax assessment roll within the notice area defined as that area within 100 feet of the subject property. Type I Public Notice 1) The notice shall contain the information of 18.108.080 A) above. 2) The notice shall contain the following information: a) That the action has been approved by the Ashland Planning Department, and the date of approval. b) That no public hearing will be held unless specifically requested. c) That a request for a public hearing must be made by the date and time indicated on the notice in order for a public hearing to be scheduled. d) That such request for a public hearing shall include the name and address of the person requesting the public hearing, and the reasons for requesting the public hearing. e) That unless a public hearing is requested, the action will be reviewed by the Planning Commission, and the date and time of the meeting. 3) Notice shall be mailed to the following persons: a) the applicant, or authorized agent. 13 4) S) b) the subject property owner. c) all owners of record of property on' the most recent property tax assessment roll within the notice area defined as that area within 100 feet of the subject property. Notice shall be mailed at least 20 days prior to the Planning Commission meeting where the Type I actions will be reviewed. Notice shall be posted on the subject property by the applicant at least 10 days prior to the date of the Planning Commission meeting. Failure by the applicant to post a notice, or post in clear view from a public right-of-way shall be considered an incomplete application. The applicant shall certify, for the record of the hearing, that the posting was accomplished. The failure of the posted notice to remain on the property shall not invalidate the proceedings. The posted notice shall only contain the following information: planning action number, brief description of the proposal, phone number and address for contact at Ashland Planning Department. D) Type II Public Notice 1) The notice shall contain the information of 18.108.080 A) above. 2) The notice shall contain the following information: a) The date, time and location of the public hearing. b) Statement that failure of an issue to be raised in a public hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals (LUBA) based on that issue. c) Statement that failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the City Council. 14 3) d) e) Notice a) b) c) Statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the public hearing and will be provided at a reasonable cost. General explanation of the requirements for submission of testimony and the procedure for conduct of public hearings. shall be mailed to the following persons: the applicant, or authorized agent. the subject property owner. all owners of record of property on the most recent property tax assessment roll within the notice area defined as that area within 200 feet of the subject property. E) 4) Notice shall be mailed at least 20 days prior to the Planning Commission meeting when the Type II public hearing will be held. s) Notice shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing. 6) Notice shall be posted on the subject property by the applicant at least 10 days prior to the date of the public hearing. Failure by the applicant to post a notice, or post in clear view from a public right-of-way shall be considered an incomplete application. The applicant shall certify, for the record of the hearing, that the posting was accomplished. The failure of the posted notice to remain on the property shall not invalidate the proceedings. The posted notice shall only contain the following information: planning action number, brief description of the proposal, phone number and address for contact at Ashland Planning Department. Type III Public Notice 1) The notice shall contain the information of 18.108.080 A) above. 2) The notice shall contain the following information: 15 3) a) The date, time and location of the public hearing. b) Statement that failure of an issue to raised in a public hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals (LUBA) based on that issue. c) Statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the public hearing and will be provided at a reasonable cost. d) General explanation of the requirements for submission of testimony nd the procedure for conduct of hearings. Notice shall be mailed to the following persons: a) the applicant, or authorized agent. b) the subject property owner. c) all owners of record of property on the most recent property tax assessment roll within the notice area defined as that area within 200 feet of the subject property. 4) 5) 6) Notice shall be mailed at least 20 days prior to the Planning Commission meeting when the Type III public hearing will be held. Notice shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing before the Planning Commission. Notice shall be posted on the subject property by the applicant at least 10 days prior to the date of the public hearing before the Commission. Failure by the applicant to post a notice, or post in clear view from a public right-of-way shall be considered an incomplete application. The applicant shall certify, for the record of the hearing, that the posting was accomplished. The failure of the posted notice to remain on the property shall not invalidate the proceedings. 16 The posted notice shall only contain the following information: planning action number, brief description of the proposal, phone number and address for contact at Ashland Planning Department. F) 7) A second notice shall be mailed at least 10 days prior to the City Council meeting when the Type III hearing will be held. 8) Notice shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing before the City Council. 9) Notice shall be posted on the subject property by the applicant at least 10 days prior to the date of the public hearing before the Council. Failure by the applicant to post a notice, or post in clear view from a public right-of-way shall be considered an incomplete application. The posted notice shall only contain the following information: planning action number, brief description of the proposal, phone number and address for contact at Ashland Planning Department. The failure of a property owner to receive notice as provided in this section shall not invalidate such proceedings if the City can demonstrate by affidavit that such notice was mailed. The failure to receive notice shall not invalidate the decision after the action is final if a good faith attempt was made to notify all persons entitled to receive notice. 18.108.090 A) B) ¢) ADMINISTRATIVE HEARINGS Administrative Hearings shall be held for all Staff Permits and Type I Planning Actions. The Staff Advisor or her or his designate shall act as Hearings Officer. The Hearings Officer shall hold an administrative hearing with the applicant, if desired, and shall make the decision on the requested action based on the criteria found in the Land Use Ordinance and Comprehensive Plan. 17 18.108.100 i)) E) ^) B) ¢) A decision shall be rendered by the Hearings Officer, either approving, approving with conditions, or denying the application. At the administrative hearing, the Hearings Officer may also require that the application be processed as a Type II planning action, following the Type II procedure. The Hearings Officer shall make written findings for the decision and provide minutes of the Administrative Hearing. PUBLIC HEARINGS Public Hearings shall be held before the Planning Commission or Hearings Board on all Type II and Type III planning actions, and on appeals of Staff decisions or interpretations. Public Hearings shall be held' before the City Council on Type III planning actions and on appeals of Planning Commission decisions. At the commencement of the Public Hearing, a statement shall be made to those in attendance that: 1) Lists the applicable substantive criteria. 2) States that testimony and evidence must be directed toward the criteria described above, or other criteria in the plan or land use regulation which the person believes to apply to the decision. 3) States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals (LUBA) based on that issue. 4) States that failure to participate in the public hearing, either orally or in writing, precludes their right of appeal to the City Council. 5) States the presentation and rebuttal time limits for the applicant, proponents, and opponents. 6) States that any party who has participated in the public hearing, either orally or in writing, shall be entitled to a continuance of the hearing if evidence or documents in support of the application are submitted less than 20 days prior to the initial evidentiary hearing or 10 days prior to any subsequbnt hearings. Such request for a continuance must 18 18.108.110 18.108.120 ^) ^) be requested prior to the closing of the public testimony portion of the public hearing. 7) States that if any party who has participated in the public hearing so requests before the initial evidentiary hearing concludes, the record shall be kept open for at least 7 days unless there is a continuance. 8) The Commission or Council members shall declare any conflicts of interest or potential conflicts of interest and any ex parte contacts including the substance of those contacts and any conclusions the member reached because of those contacts. 9) Other general rules of conduct for the public hearing as deemed necessary by the Commission or Council. RESUBMITYAL OF APPLICATIONS In case an application is denied by the Commission, or, denied on appeal by the Council, unless that denial is specifically stated to be without prejudice, it shall not be eligible for resubmittal for one year from the date of said denial, unless evidence is submitted that conditions, the application, or the project design have changed to an extent that further consideration is warranted. FINAL DATE OF LAND USE DECISIONS A land use decision is determined to be final as follows: 1) Staff Permit -- Decision becomes final 7 days after the date of approval, should no request for public hearing be filed. 2) Type I -- Decision becomes final when reviewed by the Planning Commission, should no request for public hearing be filed. 3) Type II -- The decision is made when the adopted findings are signed by the Chair of the Planning Commission. The decision becomes final 15 days after the signing of the adopted findings, should no request for an appeal hearing be filed. 4) Type III -- The decision is final when the adopted findings are signed by the Mayor and Recorder. 19 13) A majority of those members present at the public hearing must vote affirmatively in order to adopt findings. ¢) No building or zoning permit shall be issued for any action under this Title until the decision has become final, as defined in 18.108.120 A) above, or, in the case of Type III actions, until the ordinances relating to the approval are adopted and become effective. Any appeal of a planning action shall stay permit issuance until the appeal is heard and the action final. 18.108.130 APPLICATIONS AND DEADLINES ^) Five copies of a complete application shall be submitted to the Planning Department by the application deadlines below. 1) Complete applications shall include all of the required information for the specific action requested, written findings of fact, complete and signed application form, and the appropriate application fee. 2) Incomplete applications are subject to delay in accordance with ORS 227.178. The City will inform the applicant of deficiencies within 30 days of application. The applicant then has 31 days in which to provide a complete application. When the application is deemed complete, or at the end of the 31 day period, the City will begin the appropriate application procedure. 3) Staff Permit applications shall be submitted 10 days prior to an administrative hearing. 4) Type I applications shall be submitted 30 days prior to a regularly scheduled Planning Commission meeting. 5) Type II applications shall be submitted 30 days prior to a regularly scheduled Planning Commission meeting. 6) Type III applications shall be submitted 45 days prior to a regularly scheduled Planning Commission meeting. 13) All applications for Type II and Type III planning actions shall have completed a pre-application conference for the project within a 6- month time period preceding the application date. This requirement may be waived by the Staff Advisor if in his/her opinion the information to be gathered in a pre-application conference already exists in the final application. 2O 18.108.140 18.108.150 18.108.160 c) A) B) A) A) A final decision shall be made by the City, including resolution of all appeals within 120 days after the application is deemed complete. The 120 day period may be extended at a reasonable period of time at the request of the applicant and concurrence by the Hearings Officer or hearing body. FEES Fees for applications under this Title, and for the related land use actions of annexation and comprehensive plan amendments, shall be set by resolution of the Council. A decision by the Staff Advisor to process a Staff Permit as a Type I permit, or to process a Type I permit as at Type II, will not affect the fee charged. The fee will be based on the lowest type of hearing a planning action can be processed as, according to this Title. COUNCIL OR COMMISSION MAY INITIATE PROCEDURES The Planning Commission or City Council may initiate any Staff Permit, Type I, Type II, or Type III planning action by resolution of the respective body. ORDINANCE INTERPRETATIONS The Hearings Officer, Hearings Board, Planning Commission or Council, as the case may be, will have the power to interpret the intent of the land use ordinance whenever an ambiguity appears in said ordinance. The foregoing ordinance was first read by title only in accordance with Article X, Section 2 (c) of the City Charter on the /.~7~- day of ~,')i~,~ , 1990, and duly PASSED and ADOPTED this _/~* -z,:~ day of -- . 1990. Nan Franklin City Recorder Catherine M. Golden Mayor 21