10.106 Procedural Types.
For purposes of administering the provisions of this chapter, and other ordinances and policies of the City pertaining to land use and development, there are hereby established four types of procedures for processing land use review applications. Two factors vary for each procedural type. First, the degree of discretionary judgment involved in rendering a decision. The greater the degree of discretionary judgment, the more rigorous they are procedurally. Second, the extent of public participation which varies based upon the degree of impact(s) caused by the proposed use and development of land. The greater degree of impacts, the more the public is notified and invited to participate.
(1) Type I Ministerial Procedures.
(a) Non-discretionary administrative decisions shall be made by applying clear and objective approval criteria and standards.
(b) Decisions shall be made by the Planning Director or designee.
(c) No public notice, public comment period, or public hearing shall be required.
(d) Requested action shall be initiated by the applicant.
(e) Decisions are final, and except for Final Planned Unit Development (PUD) Plan and Minor Historic Review decisions, are not appealable. Final PUD Plan decisions are appealed to the Planning Commission per Section 10.140(6)(c). Minor Historic Review decisions are appealed to the Landmark and Historic Preservation Commission per Section 10.140(6)(d).
(2) Type II Administrative Procedures.
(a) Administrative decisions shall be made by applying clear, objective approval criteria and standards while using limited discretion to determine impact(s) on adjacent properties and the surrounding vicinity, public infrastructure and services, and the health, welfare, and safety of the community at-large.
(b) Decisions shall be made by the Planning Director or designee.
(c) Public notice and a public comment period are required according to Section 10.124 of this Chapter, but a public hearing shall not be required.
(d) Requested action shall be initiated by the applicant.
(e) Appeals of Site Plan and Architectural Reviews - Type II are appealed to the City Council, at a public hearing, per Section 10.140(6)(b); all other appears of Type II decisions are heard by the Planning Commission at a public hearing per Section 10.140(7).
(3) Type III Quasi-judicial Procedures.
(a) Quasi-judicial decisions require the application of clear, objective approval criteria and standards, and a degree of discretion to determine compliance with approval criteria and the impact(s) of development on adjacent properties and the surrounding vicinity, public infrastructure and services, and the health, welfare, and safety of the community at-large. If necessary to mitigate such impacts, conditions may be imposed to bring the proposed land use into compliance and/or to mitigate impacts.
(b) Decisions are made by the designated approving authority.
(c) Public notice, a public comment period, and a public hearing are required according to Section 10.124 of this Chapter.
(d) Requested action may be initiated by City Council, the Planning Commission or an applicant.
(e) Appeals of Type III decisions are heard by the City Council per Section 10.140(8).
(4) Type IV Legislative Procedures.
(a) Legislative decisions that involve the greatest degree of discretion as they establish by law the general policies and regulations for future land use decisions and have either widespread and significant impact beyond the immediate area or change the character of the land use, or affect large areas or many different ownerships.
(b) The Planning Commission shall review Type IV land use permit applications and forward a recommendation to City Council to approve, approve with modifications, approve with conditions, deny, or to adopt an alternative. City Council shall consider and address the recommendation, but shall not be bound by it. The City Council is the approving authority and, if it so determines that a Type IV land use permit application has satisfied the standards and criteria for approval, shall approve Type IV land use applications by ordinance.
(c) Public notice(s), public comment period(s) and public hearing(s) are required according to Section 10.124 of this Chapter
(d) Requested action may be initiated by City Council and Planning Commission (except annexations). Minor amendments or Urbanization Plans may be initiated by an applicant(s).
(e) Appeals of Type IV decisions are made to the Land Use Board of Appeals (LUBA) per Section 10.140(9).