§ 155.030 TYPE II LAND USE DECISIONS BY CITY MANAGER OR PLANNER.
   A Type II land use application described in § 155.025 of this chapter shall be reviewed according to the following procedures.
   (A)   Application forms. An application shall be made on forms provided by the City Planner or designee. If the application is referred to a quasi-judicial hearing, either voluntarily by the applicant or by staff, a new application is not required.
   (B)   Submittal information. The application shall:
      (1)   Be made on forms provided by the city and shall include the property owner’s signature of consent. Applicants who are entities with condemnation authority are not required to provide an owner’s signature;
      (2)   Be filed with one copy of a narrative statement that explains how the application satisfies all of the relevant criteria and standards in sufficient detail for review and decision-making;
      (3)   Be accompanied by the required fee pursuant to § 155.009 of this chapter; and
      (4)   Include one set of pre-stamped and pre-addressed envelopes for the record owner of all real property located within 250 feet of the site. The records of the County Assessor’s office are the official records for determining ownership. The applicant shall produce the notice list. At the applicant’s request, and upon payment of the appropriate fee, the city may prepare the public notice mailing list. The city or the applicant shall use the most current county real property assessment records to produce the notice list. The city shall mail the notice of application; and
      (5)   Include appropriate service provider letters including, but not limited to, Clean Water Services and Tualatin Valley Fire & Rescue.
   (C)   Completeness. Within 30 days of receiving the application, the city shall provide a dated notice to the applicant indicating whether the application is deemed complete or incomplete. If the application is incomplete the city shall notify the applicant in writing of exactly what information is missing. If deemed incomplete, the applicant has 180 days to submit the missing information, or 14 days to submit a refusal statement or withdraw the application. If the applicant refuses to submit the required information and does not withdraw, the application shall be deemed complete upon receipt of the refusal letter.
   (D)   Final action. Final action on the application shall occur within 120 days of the date the application is deemed complete unless extended by the applicant in writing.
   (E)   Hearing option. The City Planner or the applicant may request a public hearing on the application before the Planning Commission. The procedures for the public hearing are described herein. The applicant is responsible for the additional city costs associated with the public hearing.
   (F)   Notice. The city shall mail notice of the application to:
      (1)   The applicant;
      (2)   All owners of record of property within 250 feet of the subject site;
      (3)   Any person who submits a written request to receive a notice and any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the city or required by state statute;
      (4)   The road authority, or rail authority and owner, when a proposed development abuts or affects the rail or transportation facility; and
      (5)   The city may notify other affected agencies, as appropriate, of the application.
   (G)   Contents of notice. The notice shall:
      (1)   Provide a 14-day period for submitting written comments;
      (2)   Explain the nature of the application and the proposed use or uses which could be authorized;
      (3)   Describe the site by the street address or other easily understandable reference;
      (4)   List the applicable criteria from the ordinance and the plan that apply to the application at issue;
      (5)   State the place, date and time that comments are due and the person to whom the comments should be addressed, including the name and telephone number of the contact person;
      (6)   State that the failure to address an issue with enough detail may preclude an appeal on that issue. Only comments on the applicable criteria are considered relevant evidence;
      (7)   State that all evidence relied upon by the city to make this decision is in the public record and available for public review. Copies of the evidence may be obtained at a reasonable cost from the city; and
      (8)   State that after the comment period closes, the city shall issue a decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
   (H)   Decision. The City Manager or Planner shall review the application and make a decision based on an evaluation of the application, the evidence and the applicable criteria as set forth in this code.
   (I)   Conditions of approval.
      (1)   Authorization of approval. Approval of a land use application may be granted subject to conditions. Conditions shall be designed to protect public health, safety and general welfare from potential adverse impacts caused by a proposed land use described in an application. Conditions shall either ensure compliance with standards of the code or may be added to address a need for public services created by the proposed use.
      (2)   Timing of conditions and development agreement. Unless otherwise specified in the decision, all conditions of approval required by the city shall be completed prior to the issuance of an occupancy permit. When an applicant provides information which demonstrates that it is not practical to fulfill all conditions prior to issuance of such permit, the City Planner may require a performance bond or other guarantee to assure compliance with zoning regulations or fulfillment of required conditions. The city may also require a development agreement between the city and the owner or developer to specify the developer’s or owner’s obligations for completing construction and any public improvements.
      (3)   Modify conditions. A request to change or alter conditions of approval shall be processed as a new land use action under the same procedure that was used for the initial approval.
   (J)   Notice of decision.
      (1)   Within five working days after a decision is made, a notice of decision shall be transmitted to:
         (a)   The applicant and all property owners or contract purchasers of record;
         (b)   Any person who submits a written request to receive notice of the decision, or provides comments during the application review period; or
         (c)   Any governmental agency entitled to notice under an intergovernmental agreement entered into with the city and other agencies that were notified or provided comments during the application review period.
      (2)   The City Planner or designee shall cause an affidavit of transmission to be prepared and made a part of the file. The affidavit shall show the date the notice was transmitted, demonstrate that the notice was sent to the parties above and within the time required by law.
      (3)   The notice of decision shall contain a description of the proposal, where to obtain the decision, the date the decision becomes final unless appealed and a statement of who may file an appeal, how to file an appeal and the deadline to file an appeal.
      (4)   The decision is final for purposes of appeal when it is sent by the city. The decision is effective the day after the appeal period expires or as otherwise provided in the decision.
   (K)   Appeals. A decision issued by the City Manager or Planner under this section may be appealed to the Planning Commission as described in the appeals section of this chapter.
(Prior Code, § 16.170.025) (Ord. 427, passed 5-16-2016; Ord. 435, passed 12-5-2016; Ord. 445, passed 5-15-2017; Ord. 451, passed 6-4-2018; Ord. 467, passed 1-21-2020)