A. 
Applications for development actions shall be submitted in accordance with the format and upon such forms as may be established by the city manager.
B. 
A complete application is one which contains the information required to address the relevant standards of the comprehensive plan and this title. It shall consist of the following:
1. 
A completed original application form;
2. 
Proof that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has the consent of all partners in ownership of the affected property;
3. 
A legal description and current Clatsop County tax map(s) showing the subject property(ies) and all properties within 250 feet of the subject property;
4. 
Relevant public facilities information;
5. 
Additional information required by other provisions of this title and the comprehensive plan;
6. 
Additional information directly related to the applicable standards of this title or the comprehensive plan as deemed essential by the manager to evaluate adequately the specific application for compliance with those criteria and standards; and
7. 
The applicable fees adopted by the city council are hereby incorporated by reference as the fees herein. These fees may be amended by resolution and order by the council.
(Ord. 24-05, 6/5/2024)
A. 
No application for a Type II or Type III action shall be received by the city manager unless the applicant or the applicant's representative has:
1. 
Attended a pre-application conference with the city manager; or
2. 
Signed a waiver, on a written statement prepared by the city manager, waiving the pre-application conference requirement.
B. 
The purpose of the pre-application conference is to acquaint the applicant or representative with the requirements of this title, the comprehensive plan, and other relevant criteria. It is designed to assist the applicant. The applicant assumes the risk for delays or other problems caused by failure to attend. It is impossible, however, for the conference to be an exhaustive review of all potential issues and failure of the city manager to provide any information required by this title shall not constitute a waiver of the policies, standards, or criteria relevant to the application.
C. 
Pre-application conferences shall be scheduled by the city manager at the earliest reasonable time.
D. 
As soon as practicable, the manager shall provide the applicant or representative with a written summary of the meeting.
E. 
Information given by the city manager and/or staff to the applicant during the preapplication conference is valid for no longer than one year. Another preapplication conference is required if an application is submitted more than one year after the preapplication conference is held.
(Ord. 24-05, 6/5/2024)
A. 
Applications shall be submitted to the manager in the number specified on the application form. The manager, however, may waive copies of specific documents, maps or exhibits upon a determination that the difficulty or burden of copying outweighs the usefulness of the copies.
B. 
No application shall be received by the city for determination of completeness without the appropriate application fee.
C. 
The date of submission shall be recorded. Within 30 days the manager shall determine whether the application is complete. The manager shall notify the applicant when the application is accepted as complete or rejected as incomplete if deficiencies are found. Resubmitted applications shall be subject to another 30-day completeness check.
D. 
Upon determination of completeness, applications shall be accepted immediately. The date of acceptance shall be recorded. The manager shall notify the applicant that the application is complete. Unless otherwise directed by the city council, applications shall be processed in the order accepted.
E. 
The decision of the manager as to completeness of an application, including any required engineering, traffic, or other such studies, shall be based on the criteria for completeness, adequacy and methodology set forth in this title or by resolution and order of the council. Rejection by the manager for incompleteness shall be based solely on failure to address the relevant standards or supply required information and shall not be based on differences of opinion as to quality or accuracy. Acceptance indicates only that the application is ready for review.
F. 
Upon rejection for incompleteness, the applicant may object in writing to any alleged deficiencies and direct that the application be processed. During review, the applicant may submit additional information relating to the alleged deficiencies, but the manager is not obligated to review such information. The staff report may recommend denial or deferral due to insufficient or inaccurate information.
G. 
The approval authority shall approve or approve with conditions an application which the manager has determined to be incomplete only if it determines that sufficient, accurate information has been submitted and adequately reviewed by the approval authority with an opportunity for review by affected parties or that conditions can be imposed to ensure proper review at the appropriate time. In all other cases the approval authority shall defer or deny.
H. 
All documents or evidence relied upon by the applicant shall be submitted to the city and made available to the public at least 20 days before a public hearing. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall be subject to the limitations of Section 17.16.040.
I. 
If additional documents or evidence is provided in opposition to the application, the applicant shall be entitled to a continuance of the hearing.
(Ord. 24-05, 6/5/2024)
The city shall take final action on an application for a permit, limited land use decision, or zone change within 120 days of the receipt of a complete application. The 120-day period does not apply to an amendment to the comprehensive plan or zoning ordinance, or the adoption of a new land use regulation. At the request of the applicant, the 120-day period may be extended for a reasonable period of time.
(Ord. 24-05, 6/5/2024)
A. 
No decision regarding a Type II, Type III, or Type IV action shall be made without a staff report. This report shall be provided to the applicant. All others may obtain a copy upon request and payment of a reasonable fee to cover the cost of reproduction, overhead, and mailing.
B. 
A staff report shall be available no later than seven days before a public hearing regarding a Type III or Type IV application or any hearing on appeal. A staff report shall be mailed approximately seven days prior to the public hearings to the applicant and interested parties who request it. Mailing the report does not guarantee sufficient time prior to the public hearing to respond to the conditions of approval. Obtaining a copy of the staff report in person at the city best assures ample time for review and comment at the public hearing.
C. 
Notwithstanding the above, the staff report may be amended as necessary to address issues or information not reasonably known at the time the report is due.
D. 
If staff submits additional evidence or an amended staff report in support of the application, any party shall be entitled to a continuance of the hearing. Such a continuance shall be subject to the limitations of Section 17.16.040.
E. 
If staff submits additional evidence or an amended staff report in opposition to the application, the applicant shall be entitled to a continuance of the hearing.
(Ord. 24-05, 6/5/2024)
A. 
General Provisions.
1. 
All public notices for pending development actions shall be deemed to have been provided or received upon the date the notice is deposited in the mail or personally delivered, whichever occurs first.
2. 
The records of the Clatsop County Department of Assessment and Taxation shall be used for determining the property owner of record. Persons not on file with that department at the time an application is filed need not be notified. Failure to actually receive notice shall not invalidate an action if a good faith attempt was made to notify all persons entitled to notice. A sworn certificate of mailing issued by the person conducting the mailing shall be conclusive evidence of a good faith attempt to contact all persons listed in the certificate. Mortgagees, lien holders, vendors and sellers receiving notice shall promptly forward a copy by mail to the purchaser.
3. 
For notice purposes, the boundary of the subject property shall be the property, which is the subject of the application, together with all contiguous property under identical ownership.
B. 
Type I and Type II Actions Do Not Require Public Notice of Review.
C. 
Type III Actions.
1. 
Notice of public hearing shall be mailed, published, and posted at least 20 days before the hearing.
2. 
The notice of public hearing shall be mailed to:
a. 
The applicant or representative; and
b. 
All property owners of record within 250 feet of the subject property.
3. 
The notice of public hearing shall contain:
a. 
The name of the property owner and applicant, if different from the property owner, and the city's case file number;
b. 
The date, time, place of the hearing and who is holding the public hearing;
c. 
A description of the location of the property for which a permit or other action is pending, including the street address, and a subdivision lot and block designation, or the tax map designation of the county assessor;
d. 
A concise description of the proposed action;
e. 
A listing of the applicable criteria known to apply to the application at issue;
f. 
A statement that a failure by the applicant or other parties to the hearing to raise an issue at a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision makers an opportunity to respond to the issue, precludes appeal based on that issue;
g. 
A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and will be provided at a reasonable cost;
h. 
A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost;
i. 
The name of a city representative to contact and the telephone number where additional information may be obtained; and
j. 
A general explanation of the requirements for submission of testimony and the procedure for the conduct of hearings.
D. 
Type IV Actions.
1. 
Notice shall be given for Type IV actions by publication in a newspaper of general circulation in the city.
2. 
Published notice shall contain the information required in subsection (C)(3) of this section.
E. 
Notice of appeal of a Type II or Type III decision shall be provided in the same manner as required for Type III actions as required in subsection (C)(3) of this section. Notice of decision on appeal shall be provided to all parties of record.
(Ord. 24-05, 6/5/2024)
Public hearings conducted under this title shall comply with the following procedures and requirements:
A. 
Procedural Rights. The following procedural entitlements shall be provided at the public hearing:
1. 
An impartial review as free from potential conflicts of interest and prehearing ex parte contacts as is reasonably possible.
a. 
No member of a hearing body shall participate in a discussion of the proposal or vote on the proposal when any of the following conditions exist:
I. 
Any of the following have a direct or substantial financial interest in the proposal: the hearing body member or the member's spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which the member is then serving or has served within the previous two years or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment;
II. 
The member owns property within the area entitled to receive notice of the public hearing;
III. 
The member has a direct private interest in the proposal; or
IV. 
For any other valid reason, the member has determined that participation in the hearing and decision cannot be in an impartial manner.
b. 
Disqualification due to a conflict of interest or personal bias may be ordered by a majority of the members present. The person who is the subject of the motion may not vote on the motion.
c. 
Hearing body members shall reveal any prehearing or ex parte contacts regarding any matter at the commencement of the first public hearing following the pre-hearing or ex parte contact where action will be considered or taken on the matter. If such contacts have not impaired the member's impartiality or ability to vote on the matter, the member shall so state and shall participate in the public hearing. If the member determines that such contact has affected his impartiality or ability to vote on the matter, the member shall remove himself from the deliberations. Disqualifications due to ex parte contact may be ordered by a majority of the members present. The person who is the subject of the motion may not vote on the motion.
d. 
A party to a hearing may challenge the qualifications of a member of the hearing body to participate in the hearing and decision regarding the matter. The challenge shall state the facts relied upon by the challenger relating to a person's bias, prejudgment, personal interest, ex parte contact, or other facts from which the challenger has concluded that the member of the hearing body cannot participate in an impartial manner. The hearing body shall deliberate and vote on such a challenge. The person who is the subject of the challenge may not vote on the motion.
e. 
A party to a hearing may rebut the substance of the communication that formed the basis for an ex parte contact declared by a member of the hearing body.
f. 
No officer or employee of the city who has a financial or other private interest in a proposal shall participate in discussion with or give an official opinion to the hearing body on the proposal without first declaring for the record the nature and extent of each interest.
2. 
A reasonable opportunity for those persons potentially affected by the proposal to present evidence.
3. 
A reasonable opportunity for rebuttal of new material.
B. 
Rights of Disqualified Member of Hearing Body. A disqualified member of the hearing body shall have the following rights:
1. 
An abstaining or disqualified member of the hearing body may be counted for purposes of forming a quorum. A member who represents personal interest at a hearing may do so only by abstaining from voting on the proposal, physically joining the audience and vacating the seat on the hearing body and making full disclosure of his or her status and position at the time of addressing the hearing body.
2. 
A member absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member has reviewed the evidence received.
C. 
Burden and Nature of Proof. Except for a determination of the applicability of chapter provisions, the burden of proof is upon the proponent. The proposal must be supported by proof that it conforms to the applicable provisions of this title, especially the specific criteria set forth for the particular type of decision under consideration.
D. 
Nature of Proceedings. An order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate:
1. 
Before receiving information on the issue, the following shall be addressed:
a. 
Any objections on jurisdictional grounds shall be noted in the record and if there is objection, the person presiding has the discretion to proceed or terminate.
b. 
Any abstentions or disqualifications, based on conflicts of interest, personal bias, or ex parte contacts, shall be determined.
c. 
A statement by the person presiding that:
I. 
Describes the applicable substantive criteria against which the application will be reviewed;
II. 
Testimony and evidence must be directed toward the criteria described in subsection (D)(1)(a) above or other criteria in the comprehensive plan or land use regulations which a person believes to apply to the land use action;
III. 
Failure to raise an issue accompanied by statements or evidence sufficient to afford the decision makers and parties to the hearing an opportunity to respond to the issue precludes an appeal based on that issue;
IV. 
Prior to the conclusion of the hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The request may be granted to continuing the public hearing or leaving the record open for additional written evidence or testimony; and
V. 
Describes the review and appeal process provided for by this chapter.
2. 
Presentations and Evidence.
a. 
The presiding officer shall preserve order at the public hearing and shall decide questions of order subject to a majority vote.
b. 
The presiding officer may set reasonable time limits for oral presentations. The presiding officer may determine not to receive cumulative, repetitious, immaterial, or derogatory testimony.
c. 
Evidence shall be received from the staff and from proponents and opponents:
I. 
Evidence shall be admissible if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of serious affairs. Erroneous evidence shall not invalidate or preclude action unless shown to have prejudiced the substantial rights of a party to the hearing.
II. 
Members of the hearing body may take official notice of judicially cognizable facts of a general, technical, or scientific nature within their specialized knowledge. Such notice shall be stated and may be rebutted.
III. 
The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.
d. 
The hearing body may view the area in dispute with notification to the parties to the hearing, of the time, manner, and circumstances of such a visit.
e. 
The hearing body may recess a hearing to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. The time and date when the hearing is to resume shall be announced.
f. 
Prior to the conclusion of the hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The request shall be granted by continuing the public hearing or leaving the record open for additional written evidence or testimony.
I. 
If the hearing is continued, the hearing shall be continued to a date, time, and place certain which is at least seven days from the date of the initial hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony for the purpose of responding to the new written evidence.
II. 
If the record is held open for additional written evidence or testimony, the record shall be left open for at least seven days. Any participant may file a written request with the city for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearing shall be reopened, and any person may raise new issues which relate to the evidence, testimony or criteria which apply to the matter.
III. 
Unless waived by the applicant, the applicant shall have at least seven days after the record is closed to all parties to submit final written arguments in support of the application. This final submittal shall be considered part of the record but shall not include any new evidence. For the purposes of this section, "evidence" means facts, documents, data, or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision. For the purposes of this section "argument" means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponents to a decision; "argument" does not include facts.
IV. 
A continuance or extension granted pursuant to this section shall be subject to the time limitations of Section 17.16.040 unless the continuance or extension is requested or agreed to by the applicant.
g. 
When the hearing has been closed, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff, if opportunity for rebuttal is provided. No testimony shall be accepted after the close of the public hearing unless the hearing provides an opportunity for review and rebuttal of that testimony.
h. 
At the conclusion of the public hearing, a participant in the public hearing may request that the record remain open for at least seven days for the purpose of submitting additional evidence. Such a request may only be made at the first de novo hearing held in conjunction with a permit application or zoning ordinance text or map amendment. Whenever the record is supplemented in this manner any person may raise new issues which relate to the new evidence, testimony or criteria for decision making which apply to the matter at issue. This extension of time shall not be counted as part of the 120-day limit in Section 17.16.040.
(Ord. 24-05, 6/5/2024)
A. 
After review of all evidence that is submitted to the record for a Type I through Type IV action, the approval authority may:
1. 
Approve or deny all or part of the application;
2. 
Approve all or part with modifications or conditions of approval;
3. 
Reverse or remand a decision that is on appeal; or
4. 
Dismiss without prejudice due to procedural error or remand to correct a procedural error.
B. 
The order shall incorporate finding of facts and conclusions that include:
1. 
A statement of the applicable criteria and standards against which the proposal was tested;
2. 
A statement of the facts which the hearing body relied upon in establishing compliance or noncompliance with each applicable criteria or standards and briefly state how those facts support the decision; and
3. 
In the case of a denial, it shall be sufficient to address only those criteria upon which the applicant failed to carry the burden of proof or, when appropriate, the facts in the record that support denial.
C. 
The written order is the final decision on the matter and the date of the order is the date that it is signed. The order becomes effective on the expiration of the appeal period unless an appeal has been filed.
D. 
Record of the Proceedings Shall Be Provided. The secretary to the hearing body shall be present at each hearing and shall cause the proceedings to be recorded stenographically or electronically.
1. 
Testimony shall be transcribed if required for judicial review or if ordered by the hearing body.
2. 
The hearing body shall, where practicable, retain as part of the hearing records each item of physical or documentary evidence presented and shall have the items marked to show the identity of the person offering the same and whether presented on behalf of a proponent or opponent. Exhibits received into evidence shall be retained in the hearing file until after the applicable appeal period has expired, at which time the exhibits may be released to the person identified thereon, or otherwise disposed of.
3. 
The findings shall be included in the record.
4. 
A person shall have access to the record of proceedings at reasonable times, places, and circumstances. A person shall be entitled to make copies of the record at the person's own expense.
E. 
Notice of a Type I decision shall be provided to the applicant.
F. 
Notice of a Type II decision shall be provided to the applicant and to all property owners of record within 100 feet of the subject property. The notice of decision shall include:
1. 
A brief description of the decision reached;
2. 
A statement that the decision may be appealed by filing an appeal within 14 days of the date that the final order was signed;
3. 
A description of the requirements for an appeal, including the type of appeal that may be requested; and
4. 
A statement that the complete case, including the final order is available for review at the city.
G. 
Notice of a decision by a hearing body shall be provided to all parties to the hearing within five working days of the date that the final order was signed. The notice of the decision shall include:
1. 
A brief description of the decision reached;
2. 
A statement that the decision may be appealed by filing an appeal within 14 days of the date that the final order was signed;
3. 
A description of the requirements for an appeal, including the type of appeal that may be requested;
4. 
A statement that an appeal may only be filed concerning criteria that were addressed at the initial public hearing; and
5. 
A statement that the complete case, including the final order is available for review at the city.
H. 
Date of Final Decision Shall Be Established.
1. 
Decisions issued for Type I, Type II, and Type III development applications shall be deemed final and effective upon expiration of the appeal period if no petition for review is filed within that time. Once final and effective, the decision cannot be appealed.
2. 
Decisions of the council on an application shall be deemed final as follows:
a. 
If no petition for reconsideration is timely filed, the decision shall be deemed final on the date notice of the decision was provided to the parties.
b. 
If a petition for reconsideration is filed and denied, the decision shall be deemed final on the date notice of the denial of reconsideration is provided to the parties.
c. 
If a petition is filed and reconsideration granted, the decision shall be deemed final on the date notice of the decision on the development, as reconsidered, is provided.
I. 
Limitations on Reapplications. No application of a property owner or local resident for an amendment to the text of the ordinance codified in this title or to the zone boundary shall be considered by the planning commission within the one-year period immediately following a previous denial of such request. The planning commission may permit a new application if, in the opinion of the planning commission, substantial new evidence or a change of circumstances warrant reconsideration.
(Ord. 24-05, 6/5/2024)