HomeMy WebLinkAboutOrdinance 2042 ORDINANCE NO.a,b4k
AN ORDINANCE AMENDING THE CENTRAL POINT MUNICIPAL CODE SECTION
17.05.600(H) REGARDING CITY COUNCIL REVIEW PROVISIONS
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to Section 17.05.600(H) Council Review
Procedures is necessary in order to more clearly define the process for
Council review of land use matters.
C. The amendment is intended to set forth the timing and procedure for Council
review.
D. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.05.600(H), City Council Review is hereby amended to read:
CHAPTER 17.05
Applications and Development Permit Review Procedures
17.05.600 General procedural provisions.
H. City Council Review.
1. Authority. Whether or not an appeal is filed, pursuant to Section 17.05.550,
Tthe city council shall, by majority vote, have the authority to call up any Type II or
Type III application for review upon a finding that errors of law were made
and/or there was not substantial evidence to support the decision. The
decision to call up an appl is. - . . . . . • •-- - . - - • . • • •
until the decision is otherwise final. When the city council calls up an application,
the council shall, in its order of call up, determine the procedure to be followed,
including the extent of preliminary processing and the rights of the parties. At a
minimum, the council shall follow the procedures in Section 17.05.550 regarding
app als from Type III decisions.
2. Procedures:
a. A summary of Type II and Type III decisions shall be forwarded by
mail or electronic mail to the City Council as an information item by the
Community Development Director at the time the decision is mailed to
the applicant.
b. Review under this Section shall be initiated by the City Council
before the adjournment of the first regular City Council meeting,
following the date the City Council receives notification of the decision.
c. Any member of the City Council or the Mayor may make a motion to
review the Type II or Type III decision which shall require majority of
the Council present to approve. Notwithstanding the foregoing, a
Council member or the Mayor is prohibited from initiating or voting
upon the motion if such individual has a conflict of interest or has
participated in the proceedings below in his/her individual capacity.
d. Unless subsequently discontinued by majority vote, City Council
review pursuant to this section shall supersede and replace any appeal
filed under Section 17.05.550. The appellant(s) of any appeal filed
before a City Council call for review shall receive a full refund of the
filing fee.
e. The City Recorder shall set the hearing date for the next regularly
scheduled Council meeting, that falls not less than fourteen (14) days
after the date the Council approves the motion to review the
application.
f. City Council review shall be on the record which means that Council
review is limited to the application materials, evidence, documentation,
and specific issues raised in the initial proceedings and participation
shall be limited to the applicant or owner of the subject property and
any person who participated in the proceeding by submitting timely
written and/or oral comments on the record prior to the decision.
g. The notice, hearing and decision procedures for a City Council review
shall follow the provisions of the Central Point Municipal Code for
appeals.
h. The decision of the City Council upon review shall become final on
the date when written notice of the decision is mailed to persons
entitled to notice of the decision. Any further appeal shall be to the
Oregon Land Use Board of Appeals.
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted
by the Council shall take effect on the thirtieth day after its enactment. The effective date of
this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this 11 qday of
January 2018.
Mayor Hank Williams
ATTE:
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City Recorder