Question: Should the section be amended to define the legislation that must be referred to the City Planning Commission be as underlined below?

Proposed Language:

§ 76-3     Mandatory Referral

All ordinances or resolutions of Council prior to their passage or adoption, or acts or orders of any administrative official or agency of the City of Cleveland prior to their implementation, which establish zoning or other land use regulations; acquire, sell, transfer, or lease publicly owned land; vacate, dedicate, accept, widen, extend, narrow, relocate, reconstruct or encroach upon public rights-of-way; plan, design, locate or enter into contract for public improvements, except for the maintenance or repair of an existing public improvement that does not substantially alter the exterior conditions of the property or substantially alter public areas within public buildings; authorize public funding of development projects that change land use or the exterior conditions of the property, or other matters as Council by ordinance determines, shall be submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by the Planning Commission within thirty (30) days from the date of referral, unless a longer time is allowed by Council. If the Commission shall fail to act within the time aforesaid, it shall be deemed to have approved the matter. Any provision of any ordinance, resolution or order disapproved by formal action of the Planning Commission shall require a two-thirds vote of all the members of Council for adoption of authorization. If any plan, design, or other proposal concerns the location or use of any public improvement or public property or change thereof within the territorial limits of the City of Cleveland but does not under the law or Charter provision governing the same fall within the province of the Council or other official agency of the City of Cleveland, then the submission to the Planning Commission shall be by the State, County, district, school, township or other official, board, commission or body having jurisdiction over the public improvement or property, in accordance with the provisions of the general law of the State of Ohio; and the City Planning Commission’s disapproval may be overruled not earlier than one week after communicating to the Commission the reasons therefor, by the official, or by the board, commission or body by a vote of not less than two-thirds of its membership.

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