A. Pre-application conference. A pre-application conference may be required by the Planning Director for Type II applications.
B. Application requirements. Type II applications shall be made on forms provided by the Planning Director. The application shall be accompanied by all required information and fees.
C. Public notice.
1. Before making a Type II decision, the Planning Director shall mail notice meeting the requirements of state law to:
i. All owners of real property and, if the owner’s address is different from the site address, all residents of property, within the distance prescribed in Table 16.89.020.
ii. Any person who submits a written request to receive notice; and
iii. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City. The City may notify other affected agencies, as appropriate, for review of the application.
iv. Any application that involves access to OR 99E or that is expected to impact the state highway system must be provided to the Oregon Department of Transportation for their review and comment regarding conformance with state access management and mobility standards and requirements.
v. Any application that is expected to impact a road under the jurisdiction of Clackamas County must be provided to Clackamas County for review and comment regarding county standards.
2. Notice of any proposal that includes a new transportation facility or improvement and where these facilities or improvements included or may impact a collector or arterial street, will be sent to the ODOT and Clackamas County or any special interest transportation groups as appropriate. Special interest transportation groups could include trucking organizations, bicycles and pedestrian interest groups, and interest groups for people with disabilities. Information that should be conveyed with the notice includes the following:
a. Project location
b. Proposed land use action
c. Location of project access point(s)
3. The public notice shall allow a 10-day period for submitting written comments before a decision is made on the permit.
4. The City shall prepare an affidavit of mailing for the public notice and make the affidavit part of the application file.
D. The Planning Director shall make Type II decisions in writing addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the Planning Director shall approve, approve with conditions, or deny the requested permit or action.
E. Notice of Decision.
1. Within five days of making a final decision on a Type II application, a notice of decision shall be sent to:
i. All owners of real property and, if the owner’s address is different from the site address, all residents of property, within the distance prescribed in Table 16.89.020;
ii. Any person who submits a written request to receive notice; and
iii. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City.
2. The notice of decision shall include information on the application, the City’s decision, and a statement explaining how an appeal of the decision may be filed.
F. Effective Date. A Type II decision is final for purposes of appeal when it is mailed by the City.
G. Appeal. A Type II decision may be appealed to the Planning Commission as follows:
1. The following persons have legal standing to appeal a Type II decision:
i. The applicant;
ii. Any person who was mailed notice of the decision; and
iii. Any other person who participated in the proceeding by submitting written comments.
2. Procedure.
a. A Notice of Appeal shall be filed in writing, on forms provided for the purpose by the Planning Director, within 10 days of the date the Notice of Decision was mailed.
b. The Notice of Appeal shall be accompanied by all required information and fees.
c. An appeal of a Type II decision shall be made following the Type III public notice procedures, as described in Section 16.89.050.D.
d. The appeal shall be limited to the specific issues raised during the written comment period unless the hearings body allows additional evidence or testimony concerning any other relevant issue. The hearings body may allow additional evidence if it determines that such evidence is necessary to resolve the case. The purpose of this requirement is to limit the scope of Type II appeals by encouraging persons to submit specific concerns in writing during the comment period. Only in extraordinary circumstances should new issues be considered by the hearings body on appeal of a Type II decision.
3. The decision of the Planning Commission regarding an appeal of a Type II decision is the final decision of the City unless appealed to the City Council. An appeal to the City Council shall follow the same notification and hearing procedures as for the appeal of the staff decision.
H. Any decision or interpretation of this title made by staff that is not a Type II decision may be appealed to the Planning Commission without fee, provided that such appeal is filed in writing within ten days of the staff decision. Such appeals shall be heard as a new business item. The Planning Commission’s decision on such appeals may be appealed to the City Council following the Type III public notice procedures, as described in Section 16.89.050.D. (Ord. 1080, 2001; Ord 1237, 2007; Ord. 1340, 2011)