Subdivision 202 Decision Making Standards

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. 1) Legislative Proceedings. The BOCC is hereby identified as 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, under this Ordinance, are declared to be legislative matters and subject to legislative proceedings: a) Land Use Ordinance adoption. b) Land Use Ordinance Amendment Application. c) Official Map adoption. d) Official Map Amendment Application. e) Temporary Land Use Regulations. 2) Legislative Proceedings - Decision Standards. A decision regarding a legislative matter shall be based on the "reasonably debatable" standard, as identified by Section 302, Zoning Ordinance. 3) Administrative Proceedings. The following types of applications are hereby declared to be administrative matters and subject to administrative proceedings: a) Preliminary Subdivision Application. b) Final Subdivision Application. c) Determination of Application Completeness. d) All other applications for any necessary approval or permit required by the provisions of this Ordinance, and not identified to be a legislative matter, subject to legislative proceedings, as identified by this Chapter. 4) Administrative Proceedings - Decision Standards. All decisions regarding an administrative matter shall be based on the "substantial evidence" standard, as identified by Section 302, Zoning Ordinance. CHAPTER 3 LAND USE APPLICATIONS – PROCEDURES