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§ 17.1.535 NOTICE OF DECISION.
   The Notice of Decision shall be provided, in writing, to the and all who submitted comments within the 14-day comment period.
   The notice shall include:
   A.   A brief statement explaining the criteria and standards considered relevant to the decision;
   B.   A statement of the standards and facts relied upon in rendering the decision;
   C.    or justification for the decision based on the criteria, standards and facts set forth; and
   D.   An explanation of rights and deadlines.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.540 APPEALS.
   A Type II decision by the is final unless appealed.
   The will be heard by the Planning Commission, under the following conditions.
   A.   The must have standing, and submit a written petition and pay the required fee to the within 14 calendar days of the written notice of the decision. The written petition shall specifically state the issues being appealed.
   B.   Notice of the hearing shall be provided as required for quasi-judicial (Type III) public hearings.
   C.   The Planning Commission shall conduct a de novo hearing.
   D.   The Planning Commission decision on an is the ’s , unless an optional second to the City is filed by the , as specified in § 17.1.545.
Figure 1-2
Type II Process
 
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.545 SECOND APPEAL.
   A second of an administrative decision can be heard by the City , under the following conditions.
   A.   Any with standing may file a second . The must receive an petition in writing and the required fee within 14 calendar days of the written notice of the decision. The written petition shall specifically state the issues being appealed and the City shall be limited to the consideration of those issues.
   B.   Only issues on the record at the Planning Commission hearing submitted in writing or orally can be appealed to the City .
   C.   Notice of the hearing shall be provided to who participated in the first hearing or requested notice.
   D.   The City hearing shall be limited only to those issues raised in the petition.
   E.   The City decision on an is the ’s .
(Ord. 2009-01, passed 3-9-2009)
TYPE III PROCESS – QUASI-JUDICIAL LAND USE DECISIONS
§ 17.1.600 DEFINITION.
   A land decision, as defined in O.R.S. 197.015(10), includes or determinations concerning the adoption, or of the goals, a provision, a land regulation or a new land regulation.
   In general, land decisions require the greatest amount of discretion and the evaluation of subjective approval standards. Land decisions that are -specific in nature are classified as Type III quasi-judicial decisions and land decisions that apply to the general population and prescribe policy are classified as Type IV legislative decisions.
(Ord. 2009-01, passed 3-9-2009)
§ 17.1.605 TYPE III APPLICATIONS AND APPROVAL CRITERIA.
    so designated throughout the Development Code are reviewed under the Type III process based on the requirements and criteria for each set forth in other sections of this Code. Examples of these include:
   ∙   Quasi-Judicial Zoning Map with review by Planning Commission and approval by City
   ∙   New Permit or Major Modification of Permit
   ∙   Certain types of Design Review
   ∙   
   ∙   Elevation by of a Type II permit
   ∙   Preliminary Plan for Planned
   ∙   Demolition or relocation of a
   ∙   Certain types of alterations of a
   ∙   
   ∙   Removal of from the Register
   ∙   Certain Types of Wireless Communication Facilities
   Any that is not specifically designated in the Code as being under one of the four review processes, and which the determines is similar in impact and scope to other Type III , shall be processed as a Type III .
(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)
§ 17.1.610 NOTICE.
   Notice of the public hearing on Type III shall be provided in accordance with the provisions of O.R.S. 197.763 and as follows:
   A.   Notice shall be published in a newspaper of general circulation at least seven days before the hearing.
   B.   Notice shall be posted in three conspicuous public places in the at least 20 days before the hearing.
   C.   Notice shall be sent by mail at least 20 days before the hearing to:
      1.   The or representative;
      2.   All property owners of record within 300 feet of the boundaries of the subject property;
      3.   Any recognized ;
      4.   Any public agency or utility whose property, services or facilities may be affected by the proposed . The shall determine the extent of notice to public agencies or utilities based on cooperative agreements, perceived interest or impact.
   D.   The shall also post the subject property with a Notice of in conformance with posting requirements set forth by City resolution.
   Failure to receive notice shall not invalidate a decision if a good faith attempt was made to notify all entitled to notice. A certificate of mailing issued by the conducting the mailing shall be conclusive evidence of a good faith attempt to contact all listed in the certificate.
(Ord. 2009-01, passed 3-9-2009; Ord. 2020-05, passed 11-9-2020)
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