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HomeMy WebLinkAboutOrdinance 027 - Process re Incomplete ApplicDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of September 22, 2008 Please see directions for completing this document on the next page. DATE: September 16, 2008 FROM: Kristen Maze. Community Development Department 383-6701 TITLE OF AGENDA ITEM: A public hearing and consideration of first reading for Ordinance 2008-027 to amend Deschutes County Code Title 22 to address time limit notice for incomplete land use applications and the requirement, for a complete application. PUBLIC HEARING ON THIS DATE? YES BACKGROUND AND POLICY IMPLICATIONS: The Deschutes County Community Development staff initiated a text amendment to add a time limit notice for incomplete land use applications and the requirements for a complete application to Title 22. The text amendment is necessary to satisfy recent amendments to Oregon Revised Statute 215.427 (1) and a recent Land Use Board of Appeals opinion Joanna Painter vs. City of Redmond that assigns error to the City for approving the application after the time limit period expired and was void on the 18 Is' day. The Planning Commission held a public hearing on August 14, 2008 and recommended approval of the proposed text amendment without any changes. The Board will conduct a public hearing to consider the text amendments. FISCAL IMPLICATIONS: NONE. RECOMMENDATION & ACTION REQUESTED: Staff recommends the Board open the public hearing, listen to testimony and consider whether to have a first reading by title only of Ordinance 2008-027. ATTENDANCE: Kristen Maze. DISTRIBUTION OF DOCUMENTS: Kristen Maze Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cddi Staff Report TO: Deschutes County Board of Commissioners FROM: Kristen Maze, Associate Planner DATE: August 29, 2008 HEARING: September 22, 2008 SUBJECT: Text Amendment TA -08-6 Deschutes County Code, Sections 22.08.030 Incomplete Application and 22.20.040 Final Action in Land Use Actions The Deschutes County Board of Commissioners will hold a public hearing on September 22, 2008, at the Deschutes Services Center, starting at 10:00 a.m. The Commissioners will consider a text amendment initiated by the Community Development Department for the Deschutes County Code ("DCC"), Section 22.08.030, Incomplete Application and Chapter 22.20.040, Final Action in Land Use Actions. The purpose of this public hearing is to listen to testimony, discuss any text amendment issues and consider the first reading of Ordinance 2008-027. BACKGROUND This text amendment will add language to our existing land use development code requiring County staff to notify a land use project applicant in writing of exactly what information is missing within 30 days of receipt of an application and allow the applicant to submit the missing information. If the applicant has not responded to the missing information, on the 181st day following the date of submittal the application becomes void. This text change is necessary to satisfy recent amendments to ORS 215.427 (1) and recent Land Use Board of Appeals opinion in Joanna Painter vs. City of Redmond that assigns error to the City of Redmond for approving the application after the time limit period expired and was void on the 181st day. TEXT AMENDMENT The proposed text amendment outlined in Attachment 1 are underlined for new language and shown as Wig# for deleted language. The proposed text amendment will add to the existing code: Quality Services Performed with Pride Section 22.08.030 B. If an application for a permit is incomplete, the Planning Director shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. C. The application shall be deemed complete upon receipt by the Planning Division of: 1. All of the missing information; 2. Some of the missing information and written notice from the applicant that no other information will be provided; or 3. Written notice from the applicant that none of the missing information will be provided. D. If the applicant takes no action at all after receiving a letter of incompleteness from the Planning Division, the application becomes void 180 days after the date the application was first submitted. Section 22.20.040 C. The periods set forth in DCC 22.20.040 during which a final decision on an application must be made may be extended for a specified period of time at the written request of the applicant. The total of all extensions may not exceed 215 days. REVIEW CRITERIA The proposed amendment revises DCC Title 22, General Provisions, specifically sections 22.08.030 and 22.20.040, Definitions. Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment. Therefore, the County must determine that the proposed text amendments are consistent with the Statewide Planning Goals and the County Comprehensive Plan, Title 23. The attached draft findings demonstrate compliance with both Statewide Planning Goals and County Comprehensive Plan. State statute ORS 215.427 outlines the required notification process for incomplete land use applications. RECOMMENDATIONS Staff recommends that the Board of County Commission; 1. Listen to testimony and discuss text amendments. 2. Make a motion to; Approve the first reading by title only for Text Amendment 08-6 to Sections 22.08.030 Incomplete Application and 22.20.040 Final Action in Land Use Actions based on state statute ORS 215.427. Attachments: 1. Ordinance 2008-027 2. ORS 215.427 3. Findings 2 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Deschutes County Code Title 22, * Land Use Time Limit Notice for Incomplete Application. ORDINANCE NO. 2008-027 WHEREAS, recently amended State Statute ORS 215.427 recently and a Land Use Board of Appeals opinion in Joanna Painter vs. City of Redmond requires that the Planning Division staff initiate text amendments to Title 22 to address the time limit notice for incomplete land use applications and the requirements for a complete application; and WHEREAS the Planning Commission considered this matter after public hearings on August 14, 2008 and forwarded to the Board the text amendments to the zoning regulations for Title 22; and WHEREAS the Board considered this matter after a public hearing on September 22, 2008 and concluded that the public will benefit from changes to the land use regulations for home occupations; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Title 22, Sections, 22.08.030, Incomplete Applications is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikes. Section 2. AMENDMENT. Title 22, Sections, 22.20.040, Final Action in Land Use Actions is amended to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st-r-ikethfeugh. /// PAGE 1 OF 2 - ORDINANCE NO. 2008-027 (09/22/08) Section 3. FINDINGS. The Board of Commissioners adopts as it findings in support of this amendment as in Exhibit "C" attached and incorporated by reference herein. Dated this of , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: DENNIS R. LUKE, CHAIR TAMMY MELTON, VICE CHAIR Recording Secretary MICHAEL M. DALY, COMMISSIONER Date of 1st Reading: day of , 2008. Date of 2°a Reading: day of , 2008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tammy Melton Michael Daly Effective date: day of , 2008. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2008-027 (09/22/08) Chapter 22.08. GENERAL PROVISIONS 22.08.005. Pre -application Conference. 22.08.010. Application Requirements. 22.08.020. Acceptance of Application. 22.08.030. Incomplete Applications. 22.08.035. False Statements on Application and Supporting Documents. 22.08.037. Withdrawal of Application. 22.08.040. Applicable Standards. 22.08.050. Notice to Division of State Lands. 22.08.060. Conflicting Procedures. 22.08.070. Time Computation. 22.08.080. Mailing List. 22.08.090 Submission of Documents. 22.08.944100 Application Requirements. 22.08.005. Pre -application Conference. A pre -application conference is encouraged for complex applications or for applicants who are unfamiliar with the land use process. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the applicable land use ordinances, to provide for an exchange of information regarding applicable requirements of the comprehensive plan, zoning ordinance or land division ordinance and to identify issues likely to arise in processing an application. The applicable zoning ordinance may require that a preapplication conference be held for particular types of applications. (Ord. 97-017 §9, 1997; Ord. 95-045 §2, 1995) 22.08.010. Application Requirements. A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner" shall mean the owner of record or the contract purchaser and does not include a person or organization that holds a security interest. B. Applications for development or land use actions shall: 1. Be submitted by the property owner or a person who has written authorization from the property owner as defined herein to make the application; 2. Be completed on a form prescribed by the Planning Director; 3. Include supporting information required by the zoning ordinance and that information necessary to demonstrate compliance with applicable criteria; and 4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County Commissioners. 5. Include an affidavit attesting to the fact that the notice has been posted on the property in accordance with DCC 22.24.030(B). C. The following applications are not subject to the ownership requirement set forth in DCC 22.08.010(B)(1): 1. Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; or 2. Applications for development proposals sited on lands owned by the state or the federal government. (Ord. 96-071 §1B, 1996; Ord. 95-045 §3, 1995; Ord. 90-077 §1, 1990) 22.08.020. Acceptance of Application. A. Development action and land use action applications shall not be accepted until the planning director has determined that (1) the requirements of DCC 22.08.010 have been met and (2) the application is complete or the application is deemed to be complete under state law. B. An application is complete when in the judgment of the Planning Director all applicable issues have been adequately addressed in the application. C. Acceptance of an application as complete shall not preclude a determination at a later date that additional criteria need to be addressed or a later determination that additional information is needed to adequately address applicable criteria. (Ord. 90-007 §1, 1990) 22.08.030. Incomplete Applications. A. If an application is incomplete, the planning director shall, within 30 days of receipt of the application, notify the applicant in writing of exactly what information is missing. The applicant may amend his application or submit a new application supplying the missing information. . . . infermation. B. If an application for a permit is incomplete, the Planning Director shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. C. The application shall be deemed complete upon receipt by the Planning Division of: 1. All of the missing information; 2. Some of the missing information and written notice from the applicant that no other information will be provided; or 3. Written notice from the applicant that none of the missing information will be provided. D. If the applicant takes no action at all after receiving a letter of incompleteness from the Planning Division, the application becomes void 180 days after the date the application was first submitted. (Ord. 2008-027 § 1, 2008; Ord. 95-045 §4, 1995; Ord. 90-007 §1, 1990) 22.08.035. False Statements on Application and Supporting Documents. If the applicant or the applicant's representative or apparent representative makes a misstatement of fact on the application regarding property ownership, authority to submit the application, acreage, or any other fact material to the acceptance or approval of the application, and such misstatement is relied upon by the Planning Director or Hearings Body in making a decision whether to accept or approve the application, the Planning Director may upon notice to the applicant and subject to an applicant's right to a hearing declare the application void. (Ord. 91-013 §1, 1991) 22.08.037. Withdrawal of Application. An applicant may withdraw an application in writing at any time prior to the time a land use action decision becomes final. If the landowner is not the applicant, no consent to withdraw the application is needed from the landowner. (Ord. 95-045 §5, 1995) 22.08.040. Applicable Standards. With respect to the acknowledged portions of the County's comprehensive plan, the standards and criteria applicable to an application shall be the standards and criteria applicable at the time the application was first submitted if the application and requested information, if any, are received within 180 days of the time the application was first submitted. (Ord. 90-007 §1, 1990) 22.08.050. Notice to Division of State Lands. In addition to any notice required by DCC Title 22, the county shall provide the notices required by ORS 215.418 concerning state -identified wetlands within five days of the acceptance of an application as complete. DCC 22.08.050 shall not become operative until the Division of State Lands has provided to the County a copy of applicable portions of the Statewide Wetlands Inventory. (Ord. 90-007 §1, 1990) 22.08.060. Conflicting Procedures. Except as set forth in DCC 22.08.060, where other provisions of the Deschutes County Code or Deschutes County ordinances specify procedures with greater opportunity for public notice and comment, those procedures shall apply. Notice procedures for abbreviated Surface Mining Impact Area review under DCC 18.56.110(C) shall be as set forth in that section. (Ord. 90-007 §1, 1990) 22.08.070. Time Computation. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, legal holiday or any day on which the County is not open for business pursuant to a county ordinance, in which case it shall also be excluded. (Ord. 90-007 §1, 1990) 22.08.080. Mailing List. Any person may, upon payment of a fee set by the Planning Director, request to receive the planning division's weekly media update packet, which may include a list of accepted applications, planning commission agendas and hearings body notices. (Ord. 90-007 §1, 1990) 22.08.090. Submission of Documents. A document is "submitted" when it is received. Submittal shall be made either at a noticed hearing or at the offices of the Planning Division, unless specified otherwise by the Hearings Body or notice. (Ord. 96-071 §1, 1996) 22.08.819100. Application Requirements. A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner" shall mean the owner of record or the contract purchaser and does not include a person or organization that holds a security interest. B. Applications for development or land use actions shall: 1. Be submitted by the property owner or a person who has written authorization from the property owner as defined herein to make the application; 2. Be completed on a form prescribed by the Planning Director; 3. Include supporting information required by the zoning ordinance and that information necessary to demonstrate compliance with applicable criteria; and 4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County Commissioners, the County Administrator, or the Director of the County Community Development Department. 5. Include an affidavit attesting to the fact that the notice has been posted on the property in accordance with DCC 22.24.030(B). C. The following applications are not subject to the ownership requirement set forth in DCC 22.08.010(B)(1): 1. Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; or 2. Applications for development proposals sited on lands owned by the state or the federal government. (Ord. 2006-003 §1, 2006; Ord. 96-071 §1B, 1996; Ord. 95-045 §3, 1995; Ord. 90-077 §1, 1990) Chapter 22.08. GENERAL PROVISIONS 22.08.005. Pre -application Conference. 22.08.010. Application Requirements. 22.08.020. Acceptance of Application. 22.08.030. Incomplete Applications. 22.08.035. False Statements on Application and Supporting Documents. 22.08.037. Withdrawal of Application. 22.08.040. Applicable Standards. 22.08.050. Notice to Division of State Lands. 22.08.060. Conflicting Procedures. 22.08.070. Time Computation. 22.08.080. Mailing List. 22.08.090 Submission of Documents. 22.08.94100 Application Requirements. 22.08.005. Pre -application Conference. A pre -application conference is encouraged for complex applications or for applicants who are unfamiliar with the land use process. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the applicable land use ordinances, to provide for an exchange of information regarding applicable requirements of the comprehensive plan, zoning ordinance or land division ordinance and to identify issues likely to arise in processing an application. The applicable zoning ordinance may require that a pre -application conference be held for particular types of applications. (Ord. 97-017 §9, 1997; Ord. 95-045 §2, 1995) 22.08.010. Application Requirements. A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner" shall mean the owner of record or the contract purchaser and does not include a person or organization that holds a security interest. B. Applications for development or land use actions shall: 1. Be submitted by the property owner or a person who has written authorization from the property owner as defined herein to make the application; 2. Be completed on a form prescribed by the Planning Director; 3. Include supporting information required by the zoning ordinance and that information necessary to demonstrate compliance with applicable criteria; and 4. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County Commissioners. 5. Include an affidavit attesting to the fact that the notice has been posted on the property in accordance with DCC 22.24.030(B). C. The following applications are not subject to the ownership requirement set forth in DCC 22.08.010(B)(1): 1. Applications submitted by or on behalf of a public entity or public utility having the power of eminent domain with respect to the property subject to the application; or 2. Applications for development proposals sited on lands owned by the state or the federal government. (Ord. 96-071 §1B, 1996; Ord. 95-045 §3, 1995; Ord. 90-077 §1, 1990) Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS 22.20.005. Effect of Determinations Made Outside of Established Processes. 22.20.010. Action on Land Use Action Applications. 22.20.020. Administrative Land Use Decisions With Prior Notice. 22.20.030. Administrative Decision Without Prior Notice. 22.20.040. Final Action in Land Use Actions. 22.20.050. Temporary Approval. 22.20.052. Supplementation of Application Within First 30 Days of Submittal. 22.20.055. Modification of Application. 22.20.060. Repealed. 22.20.070. Availability of Administrative Decisions. 22.20.005. Effect of Determinations Made Outside of Established Processes. Any informal interpretation or determination, or any statement describing the uses to which a property may be put, made outside the declaratory ruling process (DCC 22.40) or outside the process for approval or denial of a land use permit (DCC 22.20 - 22.28) shall be deemed to be a supposition only. Such informal interpretations, determinations, or statements shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. (Ord. 95-045 §5A, 1995) 22.20.010. Action on Land Use Action Applications. A. Except for comprehensive plan amendments and zone changes and other instances where a hearing is required by state law or by other ordinance provision, the Planning Director may decide upon a land use action application administratively either with prior notice, as prescribed under DCC 22.20.020 or without prior notice, as prescribed under DCC 22.20.030 or he may refer the application to the Hearings Body for hearing. The Planning Director shall take such action within 30 days of the date the application is accepted or deemed accepted as complete. This time limit may be waived at the option o1' the applicant. B. The Planning Director's choice between or among administrative or hearing procedures to apply to particular application or determination shall not be an appealable decision. C. Zone change and plan amendment applications shall be referred to a hearing before the Hearings Body. (Ord. 96-071 §1C, 1996; Ord. 95-045 §6, 1995; Ord. 91-013 §2, 1991; Ord. 90-007 §1, 1990) 22.20.020. Administrative Land Use Decisions With Prior Notice. A. Notice of the application shall be sent within 10 days of submittal of the application to persons entitled to notice under DCC 22.24.030. Such notice shall include all the information specified under DCC 22.24.040(A) except for the information specified in DCC 22.24.040(A)(7) and (10). B. Any person may comment in writing on the application within 10 days from the date notice was mailed or a longer period as specified in the notice. C. The Planning Director's decision to approve, deny or send to a hearing shall be made within 30 days after an application is accepted as complete. This time limit may be waived by the written consent cif the applicant. D. Notice of the Planning Director's decision and the appeal period shall be sent to all persons entitled to notice under DCC 22.24.030, to all persons who commented and to all members of the Planning Commission. The notice shall contain the applicable information required under DCC 22.24.040. E. The applicant, all persons entitled to notice under DCC 22.24.030 and all other persons commenting ;.s provided in DCC 22.20.020 constitute parties to the administrative decision. Any party can appeal tl e decision in accordance with DCC 22.32. (Ord. 96-071 §1C, 1996; Ord. 95-045 §7, 1995; Ord. 91-013 §3, 1991; Ord. 90-007 §1, 1990) 22.20.030. Administrative Decision Without Prior Notice. The procedures for administrative decisions without prior notice shall be the same as those set forth in DCC 22.20.020, except that no prior notice shall be given. (Ord. 96-071 §1 C, 1996; Ord. 90-007 §1, 1990) 22.20.040. Final Action in Land Use Actions. A. Except as otherwise provided, the County shall take final action, including consideration of appeals to the Board, in land use actions within 150 days after the application is deemed complete. 31st day after the applioatien was first submitted, and final action of the Board of County C. The periods set forth in DCC 22.20.040 during which a final decision on an application must be made may be extended for a reasenablespecified period of time at the written request of the applicant. The total of all extensions may not exceed 215 days. D. Applications for the following determinations or approvals are exempt from the 150 -day time limit established by DCC 22.20.040: 1. Quasi-judicial comprehensive plan amendments; 2. Revocation proceedings; 3. Lot of record determinations; 4. Initiation of approval determinations; and 5. Consideration of remanded applications, the time limit for which is as set forth in DCC 22.34.030. (Ord. 2008-027 § 2, 2008;Ord. 99-031 §3, 1999; Ord. 96-071 §1C, 1996; Ord. 95-045 §8, 1995; Ord.. 90-007 §1, 1990) 22.20.050. Temporary Approval. A. The purpose of temporary land use approval is to allow an applicant in certain hardship or emergency situations to proceed without notice to those ordinarily entitled to notice with a land use action proposed in an application made to the Planning Division before the Division completes its review of the proposed use. In all cases, an applicant receiving temporary approval must obtain final approval on the submitted application pursuant to the procedures specified in DCC Title 22. B. Subject to DCC 22.20.050(E), the Board of County Commissioners or the Planning Director may authorize a temporary land use approval, provided: 1. An application for the land use approval has been accepted as complete. 2. A fee for review of the temporary approval has been paid. 3. The applicant has demonstrated good and sufficient cause for such a temporary approval. 4. It appears that the application will be given final approval in substantially the form submitted by the applicant. 5. The applicant accepts each and every risk of loss and damage that may result if the application is denied, and further agrees in writing to hold County, its officers, agents and employees harmless from such loss and damage. 6. Applicant agrees in writing to restore the site to its original condition if the application for the land use approval is denied. C. For the purposes of DCC 22.20.050, "good cause" shall include only hardship or emergency situations arising due to factors that, through the exercise of ordinary diligence, the applicant could not halve foreseen. "Good cause" does not include an applicant's request for a temporary permit for reasons convenience only. D. A temporary use approval shall not be granted for variances, zone changes or plan amendments. E. The scope of the temporary approval shall be limited to allow the applicant to proceed only with th it portion of the proposed use justifying the applicant's claim of hardship or emergency. F. A temporary use approval shall expire as follows: 1. Six months from the date of approval, if no decision has been reached on the underlying application. 2. On the date the appeal period runs on the decision on the underlying application. 3. On the date that all appeals of the decision on the underlying application are decided and final. G. A decision to approve a temporary use application is not appealable. (Ord. 96-071 §1C, 1996; Ord. 95-045 §9, 1995; Ord. 91-013 §4-6, 1991; Ord. 90-007 §1, 1990) 22.20.052. Supplementation of Application Within First 30 Days of Submittal. An applicant shall not submit any evidence to supplement its application during the 30 days following submittal of its application, except to submit the affidavit of posting required by DCC 22.08.010 or to respond to a request for additional information made under DCC 22.08.030. Any evidence submitted by an applicant in violation of DCC 22.20.052 will not be considered in determining whether the application is complete and will be returned to the applicant. (Ord. 96-071 §1C, 1996) 22.20.055. Modification of Application. A. An applicant may modify an application at any time during the approval process up until the close of the record, subject to the provisions of DCC 22.20.052 and DCC 22.20.055. B. The Planning Director or Hearings Body shall not consider any evidence submitted by or on behalf of an applicant that would constitute modification of an application (as that term is defined in DCC 22.04) unless the applicant submits an application for a modification, pays all required modification fees and agrees in writing to restart the 150 -day time clock as of the date the modification is submitted. The 150 - day time clock for an application, as modified, may be restarted as many times as there are modifications. C. The Planning Director or Hearings Body may require that the application be re -noticed and additional hearings be held. D. Up until the day a hearing is opened for receipt of oral testimony, the Planning Director shall have sole authority to determine whether an applicant's submittal constitutes a modification. After such time, the Hearings Body shall make such determinations. The Planning Director or Hearings Body's determination on whether a submittal constitutes a modification shall be appealable only to LUBA ane shall be appealable only after a final decision is entered by the County on an application. (Ord. 99-031 §4, 1999; Ord. 96-071 §1C, 1996) 22.20.060. (Repealed by Ord. 96-071, 1996) 22.20.070. Availability of Administrative Decisions. All administrative decisions for the preceding month shall be made available for public review at a location to be designated by the Planning Director. In addition, the Planning Director shall maintain for public inspection a registry of administrative decisions for the previous 12 -month period. (Ord. 90-007 §1, 1990) TA -08-6 FINDINGS COMPLIANCE WITH STATEWIDE PLANNING GOALS: Goal 1 — Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Finding: Goal 1 is satisfied through the County text amendment process that includes a Planning Commission work session held on July 10, 2008, followed by a public notice published in the Bend Bulletin on July XX, 2008 for the Planning Commission public hearing to be held on August XX, 2008. It will be completed with a work session and public hearing with the Deschutes County Board Commissioners. Goal 2 — Land Use Planning. To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. Finding: Deschutes County has established a process and policy framework to assure that decisions rendered by the County on land use applications have an adequate factual basis. No exceptions to the Statewide Planning Goals are requested with this application. No goal exceptions are necessary because the text amendment is a land use application process change for incomplete applications. Therefore, the text amendment is consistent with this goal. Goal 3 — Agricultural Lands. To preserve and maintain agricultural lands. Finding: This text amendment is a land use application resulting in a procedural change and will not affect agricUltural lands. Therefore, it is consistent with Goal 3. Goal 4 — Forest Lands. To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. Finding: This text amendment is a land use application resulting in a procedural change and will not affect forest lands. Therefore, it is consistent with Goal 4. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural resources and conserve scenic and historic areas and open spaces. Finding: This text amendment is a land use application resulting in a procedural change and will not affect Goal 5 natural resources. Therefore, it is consistent with Goal 5. Goal 6: Air, Water and Land Resources Quality. To maintain and improve the quality of the air, water and land resources of the state. Finding: This text amendment is a land use application resulting in a procedural change and will not affect Goal 6 air, water and land resource quality. Therefore, it is consistent with Goal 6 Goal 7: Areas Subject to Natural Hazards. To protect people and property from natural hazards. Finding: The text amendment will not affect areas subject to natural hazards in Deschutes County. Therefore, it is consistent with Goal 7. Goal 8: Recreation Needs. To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Finding: The text amendment is not a recreational facility; therefore this Statewide Planning Goal is not applicable to this text amendment. Goal 9: Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Finding: The text amendment will not effect economic development because it is a procedural change to our land use application process. Goal 10: Housing. To provide for the housing needs of citizens of the state. Finding: The text amendment will not affect housing because it is a procedural land use application change; therefore this Statewide Planning Goal is not applicable to this text amendment. Goal 11: Public Facilities and Services. To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Finding: The text amendment will not affect the existing public facilities because it is a procedural land use application change; therefore this Statewide Planning Goal is not applicable to this text amendment. Goal 12: Transportation. To provide and encourage a safe, convenient and economic transportation system. Finding: The text amendments will have no effect on the transportation system because there are no new roads being proposed with this amendment. The text amendment would promote a land use application procedural change for incomplete applications. Goal 13: Energy Conservation. To conserve energy. Finding: The text amendments will have no effect on energy because it would promote a land use application procedural change for incomplete applications. Goal 14: To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Finding: The text amendments will have no effect on Urban Growth Boundaries because it would promote a land use application procedural change for incomplete applications. Statewide Planning Goals 15 —19 are related to resources not located in Central Oregon and, therefore do not apply to Deschutes County DESCHUTES COUNTY COMPREHENSIVE PLAN: The Deschutes County Comprehensive Plan, Chapter 23 does not specifically address processing, however the county administrative police does "assure the equitable treatment of all applicants and that all pertinent issues are addressed." This text amendment is consistent with the County Comprehensive Plan.