18.5.1.050 Type I Procedure (Administrative Decision with Notice)

Type I decisions are made by the Staff Advisor, following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission.

1. Application Form and Fee. Applications for Type I review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The application shall not be considered complete unless the appropriate application fee accompanies it.

2. Submittal Information. The application shall include all of the following information.

a. The information requested on the application form.

b. Plans and exhibits required for the specific approvals sought.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee.

1. Mailing of Notice of Application. The purpose of the notice of application is to give nearby property owners and other interested people the opportunity to review and submit written comments on the application before the City makes a decision on it. Within ten days of deeming a Type I application complete, the City shall mail a notice of a pending Type I application to the following.

a. Applicant.

b. Owners of the subject property.

c. Owners of record for properties located within 200 feet of the perimeter of the subject site.

d. Neighborhood group or community organization officially recognized by the City that includes the area of the subject property.

e. Where an application subject to Type I review is preceded by a Type II decision, to parties of record from the subject Type II decision.

f. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original approval, the City is not required to mail notice.

2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See section 18.5.1.120 Failure to Receive Notice.

3. Content of Notice of Application. The notice of application shall include all of the following.

a. The street address or other easily understandable reference to the location of the proposed use or development.

b. A summary of the proposal.

c. The applicable criteria for the decision, listed by commonly used citation.

d. Date and time that written comments are due, and the physical address where comments must be mailed or delivered.

e. An explanation of the 14-day period for the submission of written comments, starting from the date of mailing. All comments must be received by the City within the 14-day period.

f. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards are available for review and that copies will be provided at a reasonable cost.

g. A statement that a person who fails to address the relevant approval criteria with enough detail, may not be able to appeal to the Planning Commission on that issue.

h. The name and phone number of a City contact person.

i. A brief summary of the Type I review and decision process.

4. Posted Notice. The City shall post the notice of application on the project site in clear view from a public right-of-way using a poster format prescribed by the Staff Advisor. Posting shall occur not later than the date of the mailing of the notice.

5. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file.

1. At the conclusion of the comment period, the Staff Advisor shall review the comments received and prepare a decision approving, approving with conditions, or denying the application based on the applicable ordinance criteria. The Staff Advisor shall prepare a decision within 45 days of the City’s determination that an application is complete, unless the applicant agrees to a longer time period. Alternatively, the Staff Advisor may transmit written comments received along with a copy of the application to the Planning Commission for review and decision at its next regularly scheduled meeting.

2. Where the Staff Advisor refers a Type I application to the Planning Commission, the Commission shall approve, approve with conditions, or deny the application through the Type II procedure based on the applicable ordinance criteria. The Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided the Commission must make a final decision within the 120-day period prescribed under State law (ORS 227.178) and as described in subsection 18.5.1.090.B of this ordinance.

1. Mailing of Notice of Decision. Within five days after the Staff Advisor renders a decision, the City shall mail notice of the decision to the following.

a. Applicant.

b. Owners of the subject property.

c. Owners of record for properties located within 200 feet of the perimeter of the subject site.

d. Neighborhood group or community organization officially recognized by the City that includes the area of the subject property.

e. Parties of record; this includes any group or individual who submitted written comments during the comment period.

f. Those groups or individuals who requested notice of the decision.

g. For applications to amend an approval, to persons who requested notice of the original application that is being amended or modified, except that where the mailing address of a person entitled to notice is not the same as the mailing address of record in the original approval, the City is not required to mail notice.

2. Owners of Record. The notices shall be mailed to owners of record of property on the most recent property tax assessment roll. See section 18.5.1.120 Failure to Receive Notice.

3. Content of Notice of Decision. The notice shall include all of the following.

a. A description of the nature of the decision.

b. An explanation of the nature of the application and the proposed use or uses, which could be authorized.

c. The street address or other easily understandable reference to the location of the proposed use or development.

d. The name and phone number of a City contact person.

e. A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and applicable criteria and standards are available for review and that copies will be provided at reasonable cost.

f. A statement that any person who was mailed a written notice of the decision may request reconsideration or appeal as provided in this section 18.5.1.050, subsections F and G, below.

g. A statement that the decision becomes final when the period for filing a local appeal has expired.

h. An explanation that a person who is mailed written notice of the decision cannot appeal directly to LUBA; an appeal must be filed with the City before a party with standing may appeal to LUBA.

4. Certification of Notices. The City shall prepare an affidavit or other certification stating the date(s) the notices were mailed and posted, which shall be made a part of the file.

E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.

F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.

1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision.

2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter.

3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action.

4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.

G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:

1. Who May Appeal. The following persons have standing to appeal a Type I decision.

a. The applicant or owner of the subject property.

b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B.

c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline.

a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded

b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed.

c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.

i. An identification of the decision being appealed, including the date of the decision.

ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.

iii. A statement explaining the specific issues being raised on appeal.

iv. A statement demonstrating that the appeal issues were raised during the public comment period.

d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered.

3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision.

4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A – E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860.