The decision making standards set forth in this section are based on the fundamental distinction between legislative, administrative, and quasi-judicial proceedings. Legislative proceedings establish public law and policy applicable generally, while administrative and quasi-judicial proceedings apply such law and policy to factually distinct, individual circumstances.
A. Legislative Procedures:
1. Legislative land use decisions include the following:
a. General plan amendments;
b. Zoning map amendments;
c. Zoning text amendments;
d. Street vacations and modifications to public easements and rights of way;
e. Temporary land use regulations; and
f. Historic site designation.
2. Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows:
a. The land use authority shall determine what action, in its sole judgment, will reasonably promote the public interest, implement the general plan, conserve property value, avoid incompatible development, encourage appropriate land use and development, and promote the general public welfare.
b. In making such determination, a land use authority member may, among other things, consider:
(1) Staff reports;
(2) Testimony presented at a public hearing or meeting;
(3) Personal knowledge of conditions and activities bearing on the issue at hand; and
(4) The effect that a particular proposal may have on existing conditions and activities and upon orderly development of the city.
c. The land use authority shall state on the record the rationale for its decision.
B. Administrative Procedures:
1. Administrative land use decisions include the following:
a. Subdivisions, where the vacation or modification of a public street is not involved;
b. Permitted use site plan;
c. Conditional use permit;
d. Permitted use;
e. Temporary use permit;
f. Sign permit;
g. Building permit;
h. Special exception; and
i. Any land use application where a provision of this title is applied to a factually distinct, individual circumstance but which is not an appeal.
2. Decisions regarding an administrative land use application shall be based on the "substantial evidence" standard as follows:
a. Any administrative land use application for which substantial evidence in the record shows compliance with requirements applicable to the application shall be approved.
(1) "Substantial evidence" is that quantity and quality of relevant evidence adequate to convince a reasonable mind to support a conclusion.
(2) Modifications may be imposed to conform an application with applicable requirements of this title.
b. A decision under this subsection shall include at least the following elements:
(1) A statement of approval, approval with requirements, or disapproval, as the case may be; and
(2) A summary of evidence presented which forms the basis for the decision, including specific references to applicable standards set forth in this title, other provisions of this code, or other applicable law.
C. Quasi-Judicial Procedures:
1. Quasi-judicial land use decision include the following:
a. Administrative interpretation;
b. Nonconformity determination;
c. Variance;
d. Appeal of an administrative decision;
e. Permit revocation;
f. Zone boundary or map interpretation.
D. Fundamental Fairness: Consideration of any land use application shall be fundamentally fair, which for the purpose of this title means:
1. In any land use proceeding, notice is provided as required by this title and fair procedure is applied to the proceeding; and
2. In a legislative proceeding, a decision by the city council which advances a legitimate public purpose and could advance the public welfare. (Ord. 2012-15, 9-20-2012)