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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)
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.
Type II Process
(Ord. 2009-01, passed 3-9-2009)
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
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)
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)
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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