A. 
Purpose. The purpose of this chapter is to establish standard decision-making procedures that will enable the City, the applicant, and the public to reasonably review applications and participate in the local decision-making process in a timely and effective way. Table 17-4.1.010 provides a key for determining the review procedure and the decision-making body for particular approvals.
B. 
Applicability of Review Procedures. All land use and development permit applications and approvals, except building permits, shall be decided by using the procedures contained in this chapter. The procedure "type" assigned to each application governs the decision-making process for that permit or approval. There are four types of permit and approval procedures as described in subsections B.1 through 4. Table 17-4.1.010 lists the City's land use and development approvals and corresponding review procedure(s).
1. 
Type I Procedure (Staff Review—Zoning Checklist). Type I decisions are made by the Planning Official, or his or her designee, without public notice and without a public hearing. A Type I procedure is used in applying City standards and criteria that do not require the use of discretion (i.e., there are clear and objective standards).
2. 
Type II Procedure (Administrative or Staff Review with Notice). Type II decisions are made by the Planning Official, with public notice and an opportunity for appeal to the Planning Commission. Alternatively the Planning Official may refer a Type II application to the Planning Commission for its review and decision in a public meeting.
3. 
Type III Procedure (Quasi-Judicial Review—Public Hearing). Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council; or in the case of a Quasi-Judicial zone change (e.g., a change in zoning on one property to comply with the Comprehensive Plan), a Type III decision is made by the City Council on recommendation of the Planning Commission. Quasi-Judicial decisions involve discretion but implement established policy.
4. 
Type IV Procedure (Legislative Review). The Type IV procedure applies to the creation, revision, or large-scale implementation of public policy (e.g., adoption of regulations, zone changes, annexation, and comprehensive plan amendments). Type IV reviews are considered by the Planning Commission, which makes a recommendation to City Council. City Council makes the final decision on a legislative proposal through the enactment of an ordinance.
Table 17-4.1.010 Summary of Approvals by Type of Review Procedure
Approvals*
Review Procedures
Applicable Regulations
Zoning Checklist Review
Type I
Applicants are required to complete a Zoning Checklist before applying for any permit or approval. See Section 17-4.1.020.
Access to a Street
Type I
Chapter 17-3.3 and the standards of the applicable roadway authority (City/County/ODOT).
Adjustment
Type II
Chapter 17-4.7
Annexation
Type IV
See Oregon Revised Statute 222.
Code Interpretation
Type II or III
Chapter 17-1.5. Routine interpretations that do not involve discretion do not require a permit.
Code Text Amendment
Type IV
Chapter 17-4.6
Comprehensive Plan Amendment
Type IV
Chapter 17-4.6
Conditional Use Permit
Type III
Chapter 17-4.4
Home Occupation
No permit, except when required by Chapter 17-4.7.
Legal Lot Determination
Type I
Chapter 17-1.3
Master Planned Development
 
 
Concept Plan
Type III
Chapter 17-4.8
Detailed Plan
Type I
Chapter 17-4.8
Modification to Approval or Condition of Approval
Type I, II or III
Chapter 17-4.5
Nonconforming Use or Structure, Expansion of
Type I, II or III
Chapter 17-1.4
Partition or Re-plat of 2-3 lots
 
 
Preliminary Plat
Type II
Chapter 17-4.3
Final Plat
Type I
Chapter 17-4.3
Property Line Adjustments, including Lot Consolidations
Type I
Chapter 17-4.3
Site Design Review
Type II or III
Chapter 17-4.2
Subdivision or Replat of >3 lots
 
 
Preliminary Plat
Type III
Chapter 17-4.3
Final Plat
Type I
Chapter 17-4.3
Variance
Type III
Chapter 17-4.7
Zoning District Map Change
Type III or IV
Chapter 17-4.6
Notes:
*
The applicant may be required to obtain building permits and other approvals from other agencies, such as a road authority or natural resource regulatory agency. The City's failure to notify the applicant of any requirement or procedure of another agency shall not invalidate a permit or other decision made by the City under this Code.
(Ord. 2017-08 §1; Ord. 2019-16 §2)
A. 
Type I Procedure (Staff Review). The Planning Official, or designee, without public notice and without a public hearing, makes ministerial decisions through the Type I procedure. Ministerial decisions are those where City standards and criteria do not require the exercise of discretion (i.e., there are clear and objective standards).
B. 
Zoning Checklist. The Planning Official reviews proposals requiring a Type I review using a Zoning Checklist. The Zoning Checklist is a preliminary review that is intended to ensure a project proposal meets the basic requirements of Division II Zoning Regulations before more detailed plans are prepared and before the City authorizes the Building Official to issue a building permit.
C. 
Application Requirements.
1. 
Application Forms. Approvals requiring Type I review, including Zoning Checklists, shall be made on forms provided by the City.
2. 
Application Requirements. When a Zoning Checklist is required, it shall:
a. 
Include the information requested on the application form;
b. 
Address the criteria in sufficient detail for review and action; and
c. 
Be filed with the required fee.
D. 
Requirements. The City shall not act upon an application for land use approval, and a building permit shall not be issued, until the Planning Official has approved a Zoning Checklist for the proposed project.
E. 
Criteria and Decision. The Planning Official's review of a Zoning Checklist is intended to determine whether minimum code requirements are met and whether any other land use permit or approval is required prior to issuance of a building permit.
F. 
Effective Date. A Zoning Checklist decision is final on the date it is signed by the Planning Official. It is not a land use decision as defined by ORS 197.015, and therefore is not subject to appeal to the state Land Use Board of Appeals. See also Section 17-1.2.070 Zoning Checklist and Coordination of Building Permits.
(Ord. 2017-08 §1)
The Planning Official, or designee, performs Administrative Staff Reviews through the Type II procedure. Type II decisions are made by the Planning Official with public notice and an opportunity for appeal to the Planning Commission. Alternatively, the Planning Official may refer a Type II application to the Planning Commission for its review and decision in a public meeting.
A. 
Application Requirements.
1. 
Application Forms. Applications for projects requiring Administrative Review shall be made on forms provided by the Planning Official.
2. 
Submittal Information. The Planning Official shall advise the applicant on application submittal requirements. At a minimum, 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 approval(s) being sought (for example, requirements for property line adjustments are in Chapter 17-4.3);
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 prior decision(s) and conditions of approval for the subject site, as applicable; and
e. 
The required fee.
B. 
Procedure.
1. 
The Planning Official shall mail notice of a pending Type II decision to the following individuals and agencies no fewer than 14 days prior to making the Type II decision.
2. 
The purpose of the Administrative Decision notice is to give nearby property owners and other interested people and agencies the opportunity to submit written comments on the application before the Planning Official issues the decision. The intent is to invite people to participate early in the decision-making process. Therefore all of the following individuals and agencies shall be notified:
a. 
All owners of record of real property within a minimum of 300 feet of the subject site;
b. 
Any person who submits a written request to receive a notice of the pending decision; and
c. 
Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the Planning Official shall notify the road authority if different than the City of Molalla. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.
3. 
The notice of pending Administrative Decision, at a minimum, shall contain all of the following information:
a. 
The deadline for submitting written comments, which must be at least 14 days prior to the scheduled decision date or, as applicable, the scheduled Planning Commission meeting date where an application is referred to the Commission for review;
b. 
A summary of the proposal and the relevant approval criteria in sufficient detail to help the public identify and locate applicable code requirements;
c. 
The address and City contact person for submitting written comments; and the date, time, and location the Planning Official or Planning Commission, as applicable, is scheduled to make a decision on the application;
d. 
The street address or other easily understandable reference to the location of the proposed use or development;
e. 
Disclosure statement indicating that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the Land Use Board of Appeals or Circuit Court on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;
f. 
Statement that all evidence relied upon by the Planning Official or Planning Commission, as applicable, to make its decision is in the public record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the City; and
g. 
Statement that after the comment period closes, the City will issue its decision and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
4. 
At the conclusion of the comment period, the Planning Official shall review the comments received and prepare a decision notice approving, approving with conditions, or denying the application based on the applicable Code criteria. Alternatively, the Planning Official may transmit all written comments received, if any, along with a copy of the application to the Planning Commission for review and decision at its next regularly scheduled meeting.
5. 
Where the Planning Official refers an application subject to Administrative Review to the Planning Commission, the Planning Commission shall approve, approve with conditions, or deny the application through the Type II procedure based on the applicable Code criteria. The Planning Commission may continue its review to the next meeting to allow the applicant time to respond to questions, provided that the Commission makes a final decision within the 120-day period prescribed under state law (ORS 227.178) and as described in Section 17-4.1.060 of this Code. Alternatively, the applicant may voluntarily waive his or her right to a final decision within the 120-day timeframe and the Commission may decide to accept oral and written testimony in a public hearing review of the application, pursuant to Section 17-4.1.040; in which case, a new public notice must be mailed to those who received the original notice indicating the change to a quasi-judicial (public hearing) review procedure.
6. 
Within seven days of a Type II Administrative Decision, the Planning Official shall proceed to prepare a notice of decision and mail it to the applicant, property owner (if different), the Building Official, those who provided written comments on the proposal, and those who requested a copy of the decision. The Planning Official shall cause an affidavit of mailing the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and shall demonstrate that the notice was mailed to the parties above and was mailed within the time required by law.
7. 
The Administrative Notice of Decision shall contain all of the following information:
a. 
A description of the applicant's proposal and the City's decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;
b. 
The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area (a copy of the assessor's map may be used);
c. 
A statement of where the City's decision can be obtained;
d. 
The date the decision shall become final, unless appealed; and
e. 
A statement that all persons entitled to notice may appeal the decision to City Council pursuant to subsection D.
C. 
Effective Date of Decision. Unless the conditions of approval specify otherwise, an Administrative Decision becomes effective 12 days after the City mails the decision notice, unless the decision is appealed pursuant to subsection D.
D. 
Appeal of Type II (Administrative) Decision. A Type II Administrative Decision made by the Planning Official may be appealed to the City of Molalla Planning Commission; and a Type II Administrative Decision made by the Planning Commission may be appealed to the City Council, as applicable, pursuant to the following:
1. 
Who May Appeal. The following people have legal standing to appeal a Type II Administrative Decision:
a. 
The applicant or owner of the subject property;
b. 
Any person who was entitled to written notice of the Type II decision; and
c. 
Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline.
2. 
Appeal Filing Procedure.
a. 
Notice of Appeal. Any person with standing to appeal, as provided in subsection D.1, may appeal a Type II Administrative Decision by filing a Notice of Appeal according to the following procedures.
b. 
Time for Filing. A Notice of Appeal shall be filed with the Planning Official within the timeframe specified on the Notice of Decision and consistent with ORS 197.195.
c. 
Content of Notice of Appeal. The Notice of Appeal shall be accompanied by the required filing fee and shall contain:
(1) 
An identification of the decision being appealed, including the date of the decision;
(2) 
A statement demonstrating the person filing the Notice of Appeal has standing to appeal;
(3) 
A statement explaining the specific issues being raised on appeal; and
(4) 
If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
3. 
Scope of Appeal. The appeal of a Type II Administrative Decision shall be a hearing de novo, either before the Planning Commission, where the contested decision was made by the Planning Official, or before the City Council, where the Planning Commission made the contested decision. 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 Administrative Decision, but may include other relevant evidence and arguments. The hearing appeal body shall allow additional evidence, testimony, or argument concerning any relevant standard, criterion, condition, or issue.
4. 
Appeal Hearing Procedure. Hearings on appeals of Type II decisions shall follow the same procedure used for public hearings on Type III reviews under Section 17-4.1.040, which contains requirements for public hearing notices, conduct of hearings, and decision-making procedures.
(Ord. 2017-08 §1)
Type III decisions are made by the Planning Commission after a public hearing, with an opportunity for appeal to the City Council.
A. 
Application Requirements.
1. 
Application Forms. Applications requiring Quasi-Judicial Review shall be made on forms provided by the Planning Official.
2. 
Submittal Information. The Planning Official shall advise the applicant on application submittal requirements. At a minimum, 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 approval(s) being 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 prior decision(s) and conditions of approval for the subject site, as applicable; and
e. 
The required fee.
f. 
Comments, if obtained from neighborhood contact per Section 17-4.1.070.
B. 
Procedure.
1. 
Mailed and Posted Notice.
a. 
The City shall mail public notice of a public hearing on a Quasi-Judicial application at least 20 days before the hearing date to the individuals and organizations listed below. The Planning Official shall prepare an affidavit of notice, which shall be made a part of the file. The affidavit shall state the date that the notice was mailed. Notice shall be mailed to:
(1) 
All owners of record of real property located within a minimum of 300 feet of the subject site;
(2) 
Any person who submits a written request to receive a notice; and
(3) 
Any governmental agency that is entitled to notice under an intergovernmental agreement entered into with the City and any other affected agencies. At a minimum, the Planning Official shall notify the road authority if different than the City of Molalla. The failure of another agency to respond with written comments on a pending application shall not invalidate an action or permit approval made by the City under this Code.
b. 
At least 14 days before the first hearing, the Applicant shall post notice of the hearing on the project site in clear view from a public right-of-way using a poster format prescribed by the Planning Official. The applicant shall submit an affidavit of notice using a form provided by the City, which shall be made a part of the file. The affidavit shall state the date that the notice was posted.
c. 
At least 14 days before the first hearing, the City shall publish notice of the hearing on the City website, and have said notice published in a newspaper with local circulation.
2. 
Content of Notice. Notice of a Quasi-Judicial hearing to be mailed and published per subsection B.1, shall contain all of the following information:
a. 
A summary of the proposal and the relevant approval criteria, in sufficient detail to help the public identify and locate applicable code requirements;
b. 
The date, time, and location of the scheduled hearing;
c. 
The street address or other clear reference to the location of the proposed use or development;
d. 
A disclosure statement that if any person fails to address the relevant approval criteria with enough detail, he or she may not be able to appeal to the City Council, Land Use Board of Appeals, or Circuit Court, as applicable, on that issue, and that only comments on the relevant approval criteria are considered relevant evidence;
e. 
A statement that a copy of the application, all documents and evidence submitted by or for the applicant, and the applicable criteria and standards shall be available for review at the office of the Planning Official, and that copies shall be provided at a reasonable cost;
f. 
A statement that a copy of the City's staff report and recommendation to the hearings body shall be available for review at no cost at least seven days before the hearing, and that a copy shall be provided on request at a reasonable cost;
g. 
A general explanation of the requirements to submit testimony, and the procedure for conducting public hearings; and
h. 
A statement that after the public hearing closes, the City will issue its decision, and the decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice.
C. 
Conduct of the Public Hearing.
1. 
At the commencement of the hearing, the Chairperson of the Commission or Mayor, as applicable, or his or her designee, shall state to those in attendance all of the following information and instructions:
a. 
The applicable approval criteria by Code chapter that apply to the application;
b. 
Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision;
c. 
Failure to raise an issue with sufficient detail to give the hearing body and the parties an opportunity to respond to the issue, may preclude appeal to the state Land Use Board of Appeals on that issue;
d. 
At the conclusion of the initial evidentiary hearing, the hearing body shall deliberate and make a decision based on the facts and arguments in the public record; and
e. 
Any participant may ask the hearing body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing; if the hearing body grants the request, it will schedule a date to continue the hearing as provided in subsection C.5, or leave the record open for additional written evidence or testimony as provided in subsection C.6.
2. 
The public is entitled to an impartial hearing body. Where questions related to ex parte contact are concerned, members of the hearing body shall follow the guidance for disclosure of ex parte contacts contained in ORS 227.180. Where a real conflict of interest arises, that member or members of the hearing body shall not participate in the hearing, except where state law provides otherwise. Where the appearance of a conflict of interest is likely, that member or members of the hearing body shall individually disclose their relationship to the applicant in the public hearing and state whether they are capable of rendering a fair and impartial decision. If they are unable to render a fair and impartial decision, they shall be excused from the proceedings.
3. 
Presenting and Receiving Evidence.
a. 
The hearing body may set reasonable time limits for oral presentations and may limit or exclude cumulative, repetitious, irrelevant, or personally derogatory testimony or evidence;
b. 
No oral testimony shall be accepted after the close of the public hearing. Written testimony may be received after the close of the public hearing only as provided by this section; and
c. 
Members of the hearing body may visit the property and the surrounding area, and may use information obtained during the site visit to support their decision, if the information relied upon is disclosed at the beginning of the hearing and an opportunity is provided to dispute the evidence.
4. 
The hearing body, in making its decision, shall consider only facts and arguments in the public hearing record; except that it may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous City decisions; case law; staff reports). Upon announcing its intention to take notice of such facts in its deliberations, it must allow persons who are present at the hearing and previously participated in the hearing to request the hearing record be reopened, as necessary, to present evidence concerning the newly presented facts.
5. 
If the hearing body decides to continue the hearing, the hearing shall be continued to a date that is at least seven days after the date of the first evidentiary hearing (e.g., next regularly scheduled meeting). An opportunity shall be provided at the continued hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the continued hearing, any person may request, before the conclusion of the hearing, that the record be left open for at least seven days, so that he or she can submit additional written evidence or arguments in response to the new written evidence. In the interest of time, after the close of the hearing, the hearing body may limit additional testimony to arguments and not accept additional evidence.
6. 
If the hearing body leaves the record open for additional written testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the hearing body in writing for an opportunity to respond to new evidence (i.e., information not disclosed during the public hearing) submitted when the record was left open. If such a request is filed, the hearing body shall reopen the record, as follows:
a. 
When the record is reopened to admit new evidence or arguments (testimony), any person may raise new issues that relate to that new evidence or testimony;
b. 
An extension of the hearing or record granted pursuant to this section is subject to the limitations of Section 17-4.1.060 (ORS 227.178, 120-day rule), unless the applicant waives his or her right to a final decision being made within 120 days of filing a complete application; and
c. 
If requested by the applicant, the hearing body shall grant the applicant at least seven days after the record is closed to all other persons to submit final written arguments, but not evidence, provided the applicant may expressly waive this right.
7. 
The Notice of Quasi-Judicial Decision shall contain all of the following information:
a. 
A description of the applicant's proposal and the City's decision on the proposal, which may be a summary, provided it references the specifics of the proposal and conditions of approval in the public record;
b. 
The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area (a copy of assessor's map may be used);
c. 
A statement of where the City's decision can be obtained;
d. 
The date the decision shall become final, unless appealed; and
e. 
A statement that all persons entitled to notice may appeal the Planning Commission's decision to City Council pursuant to subsection E, or may appeal the City Council's decision to the state Land Use Board of Appeals, as applicable.
D. 
Effective Date of Decision. Unless the conditions of approval specify otherwise, a Quasi-Judicial Decision becomes effective 10 days after the City mails the decision notice, unless the decision is appealed pursuant to subsection E.
E. 
Appeal of Planning Commission Decision. The Planning Commission's decision may be appealed to the City Council as follows:
1. 
Who May Appeal. The following people have legal standing to appeal:
a. 
The applicant or owner of the subject property; and
b. 
Any other person who testified orally or in writing during the subject public hearing before the close of the public record.
2. 
Appeal Filing Procedure.
a. 
Notice of Appeal. Any person with standing to appeal, as provided in subsection E.1, may appeal a Type III Quasi-Judicial Decision by filing a Notice of Appeal according to the following procedures.
b. 
Time for Filing. A Notice of Appeal shall be filed with the Planning Official within the timeframe specified on the Notice of Decision and consistent with ORS 197.195.
c. 
Content of Notice of Appeal. The Notice of Appeal shall be accompanied by the required filing fee and shall contain:
(1) 
An identification of the decision being appealed, including the date of the decision;
(2) 
A statement demonstrating the person filing the Notice of Appeal has standing to appeal;
(3) 
A statement explaining the specific issues being raised on appeal; and
(4) 
If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.
3. 
Scope of Appeal. The appeal of a Type III Quasi-Judicial Decision shall be a hearing de novo before the City Council. 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 Quasi-Judicial Decision, but may include other relevant evidence and arguments. The hearing appeal body shall allow additional evidence, testimony, or argument concerning any applicable standard, criterion, condition, or issue.
F. 
Record of the Public Hearing.
1. 
The official public hearing record shall include all of the following information:
a. 
All materials considered by the hearings body;
b. 
All materials submitted by the Planning Official to the hearings body regarding the application;
c. 
The minutes of the hearing;
d. 
The final written decision; and
e. 
Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received.
2. 
The meeting minutes shall be filed in hardcopy form with the Planning Official. The minutes and other evidence presented as a part of the hearing shall be part of the record.
3. 
All exhibits received and displayed shall be marked to provide identification and shall be part of the record.
G. 
Effective Date and Appeals to State Land Use Board of Appeals. A Quasi-Judicial Decision or Appeal Decision, as applicable, is effective the date the City mails the decision notice. Appeals of City Council decisions under this chapter shall be filed with the state Land Use Board of Appeals pursuant to ORS 197.805 to 197.860.
(Ord. 2017-08 §1)
A. 
Timing of Requests. The City Council may establish a schedule for when it will accept legislative code amendment or plan amendment requests, or the City Council may initiate its own legislative proposals at any time. Legislative requests are not subject to the 120-day review period under ORS 227.178.
B. 
Application Requirements.
1. 
Application Forms. Legislative applications shall be made on forms provided by the Planning Official.
2. 
Submittal Information. The application shall contain all of the following information:
a. 
The information requested on the application form;
b. 
A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);
c. 
The required fee, except when City of Molalla initiates request; and
d. 
One copy of a letter or narrative statement that explains how the application satisfies each and all of the relevant approval criteria and standards.
C. 
Procedure. Hearings on Legislative Land Use requests are conducted similar to City Council hearings on other legislative proposals, except the notification procedure for Legislative Land Use requests must conform to state land use laws (ORS 227.175), as follows:
1. 
The Planning Official shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments (zone change, rezoning with annexation, or comprehensive plan amendment) at least 35 days before the first public hearing at which public testimony or new evidence will be received. The notice shall include a DLCD Certificate of Mailing.
2. 
At least 20 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance for any zone change, a notice shall be prepared in conformance with ORS 227.175 and mailed to:
a. 
Each owner whose property would be directly affected by the proposal (e.g., rezoning or a change from one Comprehensive Plan land use designation to another), see ORS 227.186 for instructions;
b. 
Any affected governmental agency;
c. 
Any person who requests notice in writing; and
d. 
For a zone change affecting a manufactured dwelling park, all mailing addresses within the park, in accordance with ORS 227.175.
3. 
At least 10 days before the scheduled City Council public hearing date, public notice shall be published in a newspaper of general circulation in the city and the City's Website.
4. 
For each mailing and publication of notice, the Planning Official shall keep an affidavit of mailing/publication in the record.
D. 
Final Decision and Effective Date. A Legislative Land Use decision, if approved, shall take effect and shall become final as specified in the enacting ordinance or, if not approved, upon mailing of the notice of decision to the applicant. Notice of a Legislative Land Use decision shall be mailed to the applicant, all participants of record, and the Department of Land Conservation and Development within 20 business days after the City Council decision is filed with the Planning Official. The City shall also provide notice to all persons as required by other applicable laws.
(Ord. 2017-08 §1)
A. 
Time Limit—120-Day Rule. The City shall take final action on Administrative and Quasi-Judicial land use applications, pursuant to this chapter, including resolution of all appeals, within 120 days from the date the Planning Official deems the application complete for purposes of processing, unless the applicant requests an extension in writing. Any exceptions to this rule shall conform to the provisions of ORS 227.178. (Note: The 120-day rule does not apply to Legislative Land Use decisions.)
B. 
Time Periods. In computing time periods prescribed or allowed by this chapter, the day of the act or event from which the designated period of time begins shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period runs until the end of the next day that is not on a weekend or legal holiday.
C. 
Consolidated Review of Applications. When an applicant applies for more than one type of land use or development permit for the same one or more contiguous parcels of land, the proceedings shall be consolidated for review and decision. When proceedings are consolidated, required notices may be consolidated, provided the notice shall identify each application to be decided. When more than one application is reviewed in a hearing, separate findings and decisions shall be made on each application.
D. 
Planning Official's Duties. The Planning Official, or designee, shall perform all of the following duties with regard to administration of this Code:
1. 
Prepare application forms based on the provisions of this Code and applicable state law;
2. 
Prepare required notices and process applications for review and action;
3. 
Assist the Planning Commission and City Council in administering the hearings process;
4. 
Answer questions from the public regarding the City's land use regulations;
5. 
Prepare staff reports summarizing pending applications, including applicable decision criteria;
6. 
Prepare findings consistent with City decisions on land use and development applications;
7. 
Prepare notices of final decisions, file the notices in the City's records, and mail a copy of the notices to all parties entitled to notice under this Code; and
8. 
Maintain and preserve the file and public record for each application.
(Ord. 2017-08 §1)
A. 
Purpose and Applicability. Applicants for master planned development, subdivision, or site design review on projects involving parcels or lots larger than one acre and located adjacent to any residential zone, and property owner-applicants for zone changes, are recommended to contact neighboring property owners and offer to a hold meeting with them prior to submitting an application. This is to ensure that affected property owners are given an opportunity to preview a proposal and offer input to the applicant before a plan is formally submitted to the City, thereby raising any concerns about the project and the project's compatibility with surrounding uses early in the design process when changes can be made relatively inexpensively.
B. 
Notice. Notice of the meeting should be given in writing and delivered in person, or by certified mail, to all of the property owners whose property is located within 300 feet of the site, at their addresses of record at the Clackamas County Assessor's office, at least 14 days before the meeting and at least 21 days before submitting the application to the City. The notice should state the time, place, and purpose of the meeting, including a description of the proposed development.
C. 
Meeting Place, Date, and Time. The meeting should be held within the City limits at a location obtained or provided by the applicant with sufficient room for the expected attendance. The meeting place should be accessible to persons with disabilities. It should be scheduled at a date and time reasonably calculated to allow maximum participation by interested property owners.
D. 
Conduct of Meeting. At the meeting, the applicant, or the applicant's agent, should present sufficient information about the proposed development to inform the property owners in attendance of the nature of the proposal and impacts it may have on neighboring properties, including transportation impacts. Persons attending should be allowed to ask questions and make comments. The applicant, or the applicant's agent, should make a sound or video recording or keep written minutes of the meeting that give a true reflection of the matters discussed at the meeting and the views of the participants. The applicant should also make a list of names of persons attending the meeting.
E. 
Filing Requirements. Proof of having held the meeting, even if no affected property owners attend, is required and should be submitted to the City with a land use application. Copies of the following information should accompany the land use application: a copy of the notice mailed, certified mail receipts, all addresses to which notice was mailed (e.g., copy of mailing labels), a certificate of personal service for those persons who were provided notice by personal service (including the date of service and the name of the person who provided service), a record or minutes of the meeting with a list of attendees, and copies of the meeting notice and all other written materials provided prior to or distributed at the meeting.
(Ord. 2017-08 §1)