(1) Conditional Use Permit.

(2) Planned Unit Development, Tentative Plan.

(3) Willamette River Greenway Permits.

(1) This section applies to the following types of applications:

(2) Prior to the submittal of an application listed in subsection (1) above, the applicant shall host a meeting for the surrounding property owners. The purpose of this meeting is to provide a means for the applicant and surrounding property owners and residents to meet to review the proposal, share information and identify issues regarding the proposal. The applicant may consider whether to incorporate solutions to these issues prior to application submittal.

(3) The neighborhood/applicant meeting shall be held on a weekday evening, starting no earlier than 5:00 p.m. and starting no later than 7:00 p.m., or on a weekend no earlier than 10:00 a.m. and no later than 6:00 p.m., at a location within the city that is in, or is as close as practicable to, the boundaries of the city-recognized neighborhood association in which the proposal is located, if any.

(4) If the subject property is located within the boundaries of a city-recognized neighborhood association, the applicant must contact the applicable neighborhood association by registered or certified mail, proposing three possible dates and times for the meeting. The neighborhood association should reply to the applicant within 14 days and specify on which of the proposed three suggested dates the meeting should be held. If the neighborhood association does not reply to the applicant’s letter within 14 days, the applicant may schedule the neighborhood meeting on any one of the three proposed dates without further delay.

(5) The applicant shall mail notice of the meeting:

(6) Failure of a property owner or occupant to receive notice shall not invalidate the neighborhood/applicant meeting procedure.

(7) The applicant shall post notice of the meeting by posting a waterproof sign on the subject property at least 14 days before the meeting. The notice, containing the information described in (5)(c) above, shall be supplied by the applicant.

(8) The applicant shall provide the proposed site plan at the meeting for review.

(9) The applicant shall prepare and keep meeting notes identifying the major points that were discussed and expressed, and a sign-in sheet identifying the persons attending.

(10) The applicant is required to hold one meeting prior to submitting an application for a specific site, but may hold additional meetings if desired.

(11) If an applicant fails to include in its application the materials described in EC 9.7010, the application shall be deemed incomplete.

(12) Applications shall be submitted to the city within 180 days of the neighborhood/applicant meeting. If an application is not submitted in this time frame, or if the site plan submitted with the application does not substantially conform to the site plan provided at the meeting, the applicant shall be required to hold a new neighborhood/applicant meeting.

(1) The list of persons to whom notice was mailed pursuant to EC 9.7007(5) and a signed statement that notice was posted and mailed to those on the list;

(2) A copy of the notice;

(3) A copy of the meeting notes and sign-in sheet described at EC 9.7007(9); and

(4) A copy of the site plan presented at the meeting.

(1) Upon receipt of all of the missing information requested by the city; or

(2) Upon receipt of some of the missing information and a written statement from the applicant indicating that none of the other missing information will be provided; or

(3) Upon receipt of a written statement from the applicant indicating that none of the missing information will be provided.

(1) Except as provided in subsection (2) of this section, upon the written request of the applicant submitted to the planning director, any applicable time limits may be extended for a specified period of time, but in no case may the total of all extensions exceed 245 days.

(2) Prior to expiration of the time period identified in EC 9.7915, the city council may, at a regularly scheduled meeting, extend the time period for the planning director’s decision on an Expedited Land Division application or Middle Housing Land Division application to a date certain that is no more than 120 days from the date the application was deemed complete pursuant to EC 9.7905. The city council’s decision to extend the time period in EC 9.7915 must be based on a finding that an unexpected or extraordinary increase in applications makes a decision within the time period identified in EC 9.7915 impracticable. The city shall mail notice of the meeting at which the city council will consider extending the time for the planning director’s decision on an Expedited Land Division application or Middle Housing Land Division application to the applicant at least ten days in advance of the meeting. The city council’s decision under this subsection (2) is not a land use decision or a limited land use decision.

(1) Applicability. The city shall require execution of a performance agreement by the applicant for all of the following types of applications:

(2) Preparation and Signatures. The city shall mail or otherwise submit to the applicant a performance agreement. The performance agreement binding the applicant, and the applicant’s successors in interest, assuring construction and performance in accordance with the approved final plans shall be executed by the applicant and city and notarized in a manner suitable for recording prior to issuance of a development permit.

(3) Petitions for Improvements and Dedications. Improvement petitions and all documents required with respect to dedications and easements shall be submitted by the applicant to the city prior to the execution of the performance agreement.

(4) Return. Any changes to the form as submitted to the applicant shall be approved by the city prior to execution or acceptance by the city. Final plan approval of a land use decision listed in EC 9.7025(1), or a modification thereto, shall expire, necessitating re-application, if the applicant has not returned an executed copy of the performance agreement to the planning director within 90 days of its submittal to the applicant.

(5) Recordation. The city shall file a memorandum of the performance agreement in the office of the Lane County Recorder.

(6) Modifications. Approval of a modification to any land use application that is subject to the provisions of a performance agreement shall require comparable modifications to the performance agreement consistent with the provisions of this section.

(7) Enforcement. If an applicant or an applicant’s successor in interest violates or fails to comply with any of the provisions of the performance agreement or final approved plan, the city may invoke the enforcement procedures provided in the performance agreement, or under applicable law, or both.

(1) Conditional use permit and any modifications.

(2) Design Review.

(3) Historic landmark, designation.

(4) Historic property, alteration.

(5) Middle Housing Land Division.

(6) Planned unit development, final plan and any modifications.

(7) Property line adjustment.

(8) Site review and any modifications.

(9) Variances.

(10) Willamette River Greenway Permit and any modifications.

(11) Zone change.

(12) Vacations.

(1) A Type II process is based on a review of criteria that requires a limited amount of discretion. The Type II process includes public notice of the application and an opportunity for citizens to provide comments prior to the decision. The process does not include a public hearing unless the decision is appealed. Notice of the decision is provided to allow the applicant or an adversely affected person to appeal the decision to a higher local review authority.

(2) A Type III process is a decision-making process in which a hearings official or the historic review board makes the initial decision. The Type III process includes public notice and a public hearing, as well as the opportunity for a local appeal to be filed by the applicant, an individual who testified orally or in writing during the initial public hearing, or affected neighborhood group.

(3) In a Type IV process, the planning commission reviews the application and forwards a recommendation to the city council, which holds a public hearing and makes a final decision. The Type IV process includes public notice, and public hearings before the planning commission and city council prior to the final decision. The city council decision is the final local decision.

(1) The quasi-judicial procedures set forth in EC 9.7065 through 9.7095 supersede any rules of procedures (Roberts Rule of Order), resolution, bylaw, ordinance, or section of this code or conflicting rules or procedures. Where these procedures conflict with requirements of state law, state law shall prevail.

(2) No member of the hearings body may discuss or vote on a matter when:

(3) Because of the importance of preserving public confidence in decisions made by the hearings body, a member of that body may elect to abstain from a particular hearing when the member is not disqualified under subsection (2) of this section, but desires to avoid the appearance of partiality. Abstention in such an instance shall be solely a matter of the member’s own judgment. A member who feels that abstention may be necessary or desirable under this section shall seek the advice of the body and then state the member’s decision and the reasons therefor.

(4) No other officer or employee of the city who has a financial or other private interest in a matter before the body may participate in discussion of the matter with, or give an official opinion on the matter to, the body without first declaring for the record the nature and extent of that interest.

(5) Any proponent or opponent of, or person interested in, a matter to be heard, and any member of the hearings body may challenge the qualification of any other member of that body to participate in the hearing and decision regarding the matter. The challenge shall state by affidavit the facts relied upon by the challenger as the basis for the challenge.

(1) The presiding officer shall:

(2) Any ruling by the presiding officer may be put to a vote by the body upon a motion duly made, seconded and discussed. The decision on the motion shall be final for the purpose of the proceeding.

(1) No person may be disorderly, abusive, or disruptive of the conduct of the hearing.

(2) No person may present evidence, argument or comment without first being recognized by the presiding officer.

(3) All witnesses shall identify themselves and their place of residence.

(4) Any employee, agent, or officer of the city shall disclose his or her relationship to the city when commencing to testify.

(5) Formal rules of evidence as used in courts of law shall not apply.

(6) Audience demonstrations such as applause, cheering, display of signs, and other conduct disruptive of the hearing shall not be permitted. Any such conduct may be cause for immediate suspension of the hearing.

(1) The presiding officer in the conduct of the hearing shall:

(2) Coordination of Testimony. To the degree necessary for an orderly process within available time, the presiding officer may consolidate submissions by participants or establish reasonable time limits for presentation of testimony. One or more spokespersons for any group may be designated by the presiding officer.

(3) Questioning of Witnesses. The questioning of witnesses is a matter solely within the discretion of the hearings body acting through the presiding officer. The presiding officer, as he or she deems it necessary or desirable, may permit the questioning of witnesses by members of the hearings body, staff and other interested persons at the conclusion of the witness’s presentation. No questioning of witnesses shall be permitted after the proponent /applicant rebuttal, except the questioning of the proponent /applicant as to matters contained in rebuttal testimony.

(4) Notwithstanding any other rule, an abstaining or disqualified member shall constitute part of a quorum and may represent the member’s interest at a hearing, provided the member joins the audience, makes full disclosure of the member’s status and position when addressing the body and abstains from discussion and from voting on the matter as a member of the body.

(5) Disqualification for reasons set forth in EC 9.7065(2) may be ordered by a majority of the members of the hearings body present at the hearing. The member who is the subject of the motion for disqualification may not vote on the motion.

(6) If all members of the body abstain or are disqualified and consequently cannot reach a decision while so abstaining or disqualified, all members present, after stating their reasons for abstention or disqualification, shall by so doing be requalified and proceed to resolve the issues, unless such participation violates state or federal law or the city charter.

(7) A member absent during the presentation of any 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.

(1) Official Notice.

(2) Record of Proceedings.

(1) Temporary manufactured dwelling hardship permit approvals shall be valid for 12 months after the effective date of approval or until the hardship ceases to exist, whichever occurs first.

(2) The permittee may submit a renewal application provided the renewal application is submitted not less than 45 days prior to the expiration of the currently approved permit. The renewal application shall be submitted on a form approved by the city manager. The renewal shall be approved, according to a Type I process, if the applicant provides a written communication as described in EC 9.8615(1) showing continued hardship. The renewal shall be valid for no more than 12 months.

(1) Within 10 days of the city’s determination that an application is complete, but no less than 20 days before the planning director makes a decision, written notice of the application shall be mailed to all of the following:

(2) The notice shall include all of the following:

(3) The notice shall allow a 14-day period for the submission of written comments, starting from the date of mailing. All comments must be received by the city within that 14-day period.

(4) If the application being reviewed is for a tentative subdivision or site review, the notice shall be posted in at least 3 locations within 300 feet of the perimeter of the subject property. Additionally, at least 1 freestanding sign at least 6 square feet in area shall be installed on the subject property, facing the improved street abutting the property, if any. For properties that abut more than one improved street, such a sign shall be installed facing each improved street.

(5) Responsibility and procedures for mailing and posting the notices described in this section may be established by administrative rule of the city manager adopted pursuant to section 2.019 of this code.

(1) Within 5 days after the planning director renders a decision, notice of the decision shall be mailed to the following:

(2) The notice shall include all of the following:

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(4) Unless appealed according to the procedures in EC 9.7605 Filing of Appeal of Planning Director’s Decision, the planning director’s decision is effective on the 13th day after notice of the decision is mailed.

(1) The planning director’s approval of an application shall expire in 12 months, 18 months, or 36 months from the effective date of approval, depending upon the type of land use application as specified in Table 9.7230 Expiration of Type II Application Approvals, or as provided in subsections (2) through (9) of this section. If an application approval has expired according to any of the conditions stated in subsections (2) through (9), the original application approval is revoked and a new application must be filed.

(2) Modifications to a conditional use permit shall be effective for 18 months after the effective date of approval. Within that time, the applicant shall submit to the city a final approved site plan and a development permit application or shall commence the authorized activity if no development permit is required. If the applicant fails to meet this requirement, the approval of the modification automatically expires. Prior to the expiration date, the applicant may submit another modification application requesting a change to the commencement or expiration time period.

(3) Historic property alteration approval shall be effective for 18 months after the effective date of approval, and construction shall commence within that time. The planning director may extend the commencement or completion time period if the applicant files an extension request with the city prior to the expiration of the applicable time period.

(4) Tentative partition approval shall be effective for 18 months after the effective date of approval. Within that time, any conditions of approval shall be fulfilled and the final plat, as approved by the city, shall be recorded at Lane County Deeds and Records. If the approved final plat is not recorded within 12 months after the final plat is submitted, the tentative partition approval is revoked and the land division procedures must be repeated.

(5) Final planned unit development approvals and modifications to a planned unit development approval shall be effective for 36 months after the effective date of approval. Within that time, the applicant shall submit to the city a final plan and an application for a development permit. Prior to the expiration date, the applicant may submit a modification requesting a change to the commencement or expiration time period. Unless the planning director provides otherwise, expiration of final plan approval of any phase automatically voids approval of all phases on which construction has not commenced.

(6) Approvals for site review and standards review not considered as part of another land use application and modifications of such approvals shall be effective for 18 months after the effective date of approval. Within that time, the applicant shall submit a final plan and an application for a development permit. Prior to the expiration date, the applicant may submit a modification requesting a change to the commencement or expiration time period. Site review or standards review approvals that are considered as part of another land use application shall be effective for the same time period as the primary land use application.

(7) Tentative subdivision approval shall be effective for 36 months after the effective date of approval. Within that time, any conditions of approval shall be fulfilled and the final plat, as approved by the city, shall be recorded by the applicant at Lane County Deeds and Records.

(8) Variance approvals shall be effective for 18 months after the effective date of approval. Within that time, the applicant must obtain a development permit, if necessary, or otherwise commence the approved use.

(9) Approvals for adjustment review or traffic impact analysis review not considered as part of another land use application shall be effective for 18 months after the effective date of approval. Within that time, the applicant shall submit an application for a development permit or the approval shall expire. Adjustment review or traffic impact analysis review approvals that are considered as part of another land use application shall be effective for the same time period as the primary land use application.

(10) Approval of a Middle Housing Land Division tentative plan shall be effective for 36 months after the effective date of approval. Within that time, any conditions of approval shall be fulfilled and the final plat, as approved by the city, shall be recorded by the applicant at Lane County Deeds and Records.

(1) When required by state law, at least 35 days prior to the public hearing, the city shall submit written notice to the Oregon Department of Land Conservation and Development that includes the information required by state law.

(2) At least 30 days prior to the hearing, written notice of the public hearing and the nature of the request shall be mailed to all of the following:

(3) The notice shall include all of the following:

(4) If the application under review is for a conditional use permit, planned unit development tentative plan, Willamette River Greenway permit, or zone change, the notice shall be posted in at least 3 locations within 500 feet of the perimeter of the subject property. Additionally, at least 1 freestanding sign at least 6 square feet in area shall be installed on the subject property, facing the improved street abutting the property, if any. For properties that abut more than one improved street, such a sign shall be installed facing each improved street.

(5) Responsibility and procedures for mailing and posting the notices described in this section may be established by administrative rule of the city manager adopted pursuant to section 2.019 of this code.

(1) Within 5 days after the hearings official or historic review board renders a decision, notice of the decision shall be mailed to the following:

(2) The notice shall include the following:

(3) Within 20 days of the decision, when required by state law, the city shall submit written notice to the Oregon Department of Land Conservation and Development that includes the information required by state law.

(4) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(5) Unless appealed pursuant to EC 9.7655 Filing of Appeal of Hearings Official or Historic Review Board Initial Decision, the decision is final on the 13th day after notice of the decision is mailed.

(1) Approval of a Type III application shall not expire except as provided in subsections (2) through (4). If an approval of a Type III application has expired according to any of the conditions stated in subsections (2) through (4), the original application approval is revoked.

(2) Unless the hearings official designates otherwise, a conditional use permit approval shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. However, the applicant may submit a modification application at any time before the 18-month period has expired, requesting an extension of the approval period. The applicant may request more than one extension. Under no circumstances, however, can the total combined extension periods exceed 36 months from the original expiration date.

(3) A planned unit development tentative plan approval shall expire if the applicant fails to submit a planned unit development final plan application in accordance with the schedule approved at the time of tentative plan consideration. In the absence of a specified schedule, the tentative plan approval shall expire 18 months after the effective date of tentative plan approval.

(4) Unless the decision specifies otherwise, a Willamette River Greenway Permit approval shall expire 18 months after the effective date of approval unless actual construction or alteration has begun under a required permit, or in the case of a permit not involving construction or alteration, actual commencement of the authorized activity has begun. However, the applicant may submit a modification application at any time before the 18-month period has expired, requesting an extension of the approval period. The applicant may request more than one extension. Under no circumstances, however, can the total combined extension periods exceed 36 months from the original expiration date. Within S-DR, upon approval of a Willamette River Greenway Permit concurrently with Type V code amendments and other plan amendments, plan adoption, or zone change; the Willamette River Greenway Permit shall remain in effect so long as the S-DR zone remains in effect.

(1) In the case of a refinement plan amendment, at least 35 days prior to the planning commission public hearing the city shall submit written notice to the Oregon Department of Land Conservation and Development that includes the information required by state law.

(2) At least 30 days before the planning commission public hearing, written notice of the hearing and the nature of the request shall be mailed to all of the following:

(3) The notice shall include the following:

(4) The notice of a proposed change in zoning concurrent with a site specific refinement plan amendment shall serve as sufficient public notice of the possibility that an overlay zone may be added during this same hearing process.

(5) The notice shall be posted in at least 3 locations within 300 feet of the perimeter of the subject property. Additionally, at least 1 freestanding sign at least 6 square feet in area shall be installed on the subject property, facing the improved street abutting the property, if any. For properties that abut more than one improved street, such a sign shall be installed facing each improved street.

(6) Responsibility and procedures for mailing and posting the notices described in this section may be established by administrative rule of the city manager adopted pursuant to section 2.019 of this code.

(1) At least 10 days before the city council hearing, written notice of the hearing shall be mailed to all of the following:

(2) The notice shall:

(3) For street name change applications, notice shall be published in a local newspaper with general circulation within the city at least one time during the week immediately preceding the week of the city council hearing. The notice shall state the time and place of the hearing, describe the nature of the application, and inform the public of the opportunity to provide testimony.

(4) Responsibility and procedures for mailing and publishing the notices described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Within 5 days of the decision, written notice of the decision shall be mailed to all of the following:

(2) The notice shall:

(3) Within 20 days of the decision, the city shall submit written notice of a refinement plan amendment to the Oregon Department of Land Conservation and Development that includes the information required by state law.

(4) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) At least 35 days prior to the planning commission public hearing, the city shall submit written notice to the Oregon Department of Land Conservation and Development that includes the information required by state law.

(2) At least 30 days before the planning commission public hearing, written notice of the hearing and the nature of the request shall be mailed to all of the following:

(3) At least 20 days prior to the planning commission public hearing, notice of the public hearing shall be published in a local newspaper of general circulation within the city.

(4) Responsibility and procedures for mailing and publishing the notices described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Any person who provided oral or written testimony in a timely manner during the planning commission hearing procedures.

(2) Any person who requested notice of the planning commission’s decision.

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Within 5 days of the decision, written notice of the decision shall be mailed to all of the following:

(2) The notice shall summarize the decision of the city council and state the date of the decision.

(3) Within 20 days of the decision, the city shall submit written notice to the Oregon Department of Land Conservation and Development that includes the information required by state law.

(4) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Within 12 days of the date of the mailing of the planning director’s decision, the decision may be appealed to the hearings official or historic review board according to the appeal review authority specified in Table 9.7055 Applications and Review Authorities by the following:

(2) The appeal shall be submitted on a form approved by the city manager, be accompanied by a fee established pursuant to EC Chapter 2, and be received by the city no later than 5:00 p.m. of the 12th day after the notice of decision is mailed. The record from the planning director’s proceeding shall be forwarded to the appeal review authority. New evidence pertaining to appeal issues shall be accepted.

(3) The appeal shall include a statement of issues on appeal. The appeal statement shall explain specifically how the planning director’s decision is inconsistent with applicable criteria. Appeals of planning director decisions on applications for a permit as defined in ORS Chapter 227 shall not be limited to the issues raised in the appeal statement. Appeals of planning director decisions on all other applications shall be limited to the issues raised in the appeal statement.

(1) At least 20 days prior to the hearing, written notice shall be mailed to all of the following:

(2) The notice shall include all of the following:

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Unless the applicant and appellant agree to a longer time period, the appeal review authority shall make a decision within 15 days of the close of the record.

(2) The appeal review authority shall affirm, reverse, or modify the decision of the planning director. Before reversing or modifying the planning director’s decision, the appeal review authority shall make findings and conclusions clearly stating how the planning director failed to properly evaluate the application or make a decision consistent with applicable criteria.

(3) The action of the appeal review authority is final.

(4) The decision of the historic review board or planning commission must be agreed upon by a majority of the board members present at a meeting. A tie vote results in affirming the decision of the planning director.

(1) Within 5 days after a decision by the appeal review authority is rendered, notice of the decision shall be mailed to all of the following:

(2) The notice shall:

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Within 14 days of the date of the mailing of notice of the planning director’s decision on an Expedited Land Division application or a Middle Housing Land Division application, the decision may be appealed to the hearings official by:

(2) The appeal shall be submitted on a form approved by the city manager, be accompanied by a deposit for costs established by the city manager pursuant to EC 2.020 City Manager – Authority to Set Fees and Charges and be received by the city no later than 5:00 p.m. on the 14th day after the notice of decision is mailed. The record from the planning director’s proceeding shall be forwarded to the hearings official. New evidence shall be accepted.

(3) The appeal shall include a statement of issues on appeal. The appeal statement shall explain specifically how:

(1) Within seven days of the date an appeal pursuant to EC 9.7640 is filed, city staff, on behalf of the hearings official, shall mail written notice of the appeal to all of the following:

(2) The notice shall include all of the following:

(1) Only written evidence and argument will be accepted.

(2) The hearings official may use any appeal procedure that is consistent with the interests of the parties and will ensure a fair opportunity to present information and argument.

(3) The hearings official shall provide the city an opportunity to explain the planning director’s decision, but the hearings official is not limited to reviewing the planning director’s decision and may consider information not presented to the planning director.

(4) A person or organization that provided written comments to the planning director prior to the close of the public comment period identified in EC 9.7910, but did not file an appeal within the time set by EC 9.7640, may participate in the appeal only with respect to the issues raised in the written comments submitted to the planning director by that person or organization.

(1) The hearings official shall issue a written decision on an appeal of an Expedited Land Division application or a Middle Housing Land Division application within 42 days of the date the appeal is received by the city.

(2) Except as provided in subsection (5) the hearings official shall affirm, reverse, or modify the decision of the planning director. Before reversing or modifying the planning director’s decision, the hearings official shall make findings and conclusions clearly stating how the planning director failed to properly evaluate the application or make a decision consistent with applicable criteria. The hearings official shall seek to identify means by which the application can satisfy the applicable approval criteria.

(3) The decision of the hearings official is final.

(4) The hearings official’s decision is not a land use decision or limited land use decision.

(5) If the hearings official finds that the application does not qualify as an Expedited Land Division application or a Middle Housing Land Division application, the hearings official shall remand the application to the appropriate initial decisionmaker for consideration as a land use application or limited land use application.

(6) The hearings official’s decision may not reduce the density of an Expedited Land Division application.

(7) The hearings official shall assess the costs of the appeal as follows:

(8) As used in subsection (7), “costs of the appeal” include the compensation paid the hearings official and other costs incurred by the city, but not the costs incurred by other parties.

(1) Within 5 days after the date of the hearings official’s decision on the appeal of an Expedited Land Division application or a Middle Housing Land Division application, notice of the decision shall be mailed to all of the following:

(2) The notice shall:

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Within 12 days of the date of the mailing of the decision of the hearings official or historic review board, the decision may be appealed to the planning commission as specified in Table 9.7055 Applications and Review Authorities by the following:

(2) The appeal shall be submitted on a form approved by the city manager, be accompanied by a fee established pursuant to EC Chapter 2, and be received by the city no later than 5:00 p.m. of the 12th day after the notice of decision is mailed. The record from the proceeding of the hearings official or historic review board shall be forwarded to the appeal review authority. No new evidence pertaining to appeal issues shall be accepted.

(3) The appeal shall include a statement of issues on appeal, be based on the record, and be limited to the issues raised in the record that are set out in the filed statement of issues. The appeal statement shall explain specifically how and hearings official or historic review board failed to properly evaluate the application or make a decision consistent with applicable criteria. The basis of the appeal is limited to the issues raised during the review of the original application.

(1) At least 10 days prior to the hearing, written notice of the hearing shall be mailed to the following:

(2) The notice shall include all of the following:

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Within 5 days after the planning commission’s decision is rendered, written notice of the decision shall be mailed to all of the following:

(2) The notice shall:

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(1) Type I. A Type I amendment requires approval by City of Eugene only.

(2) Type II. A Type II Amendment requires approval by City of Eugene and Lane County.

(3) Type III. A Type III Amendment requires approval by all three governing bodies (Eugene, Springfield and Lane County):

(1) Type I. A Type I amendment may be initiated by the City of Eugene at any time. A property owner may initiate an amendment for property they own at any time.

(2) Type II. A Type II amendment may be initiated by the City of Eugene or Lane County at any time. A property owner may initiate an amendment for property they own at any time.

(3) Type III. A Type III amendment may only be initiated by one of the three governing bodies (Eugene, Springfield or Lane County). Such an amendment may be initiated at any time.

(1) Application Filing. Property owner-initiated Metro Plan amendment applications shall be filed in the planning office of Eugene if within the UGB, or with Lane County if outside the UGB.

(2) Application Fee. The applicant for a property owner-initiated Metro Plan amendment shall pay an application fee in an amount set by the city manager under EC section 2.020. No application shall be processed until it is complete and the application fee is paid.

(3) Concurrent Processing with Certain Legislative Proceedings.

(4) Limitation on Refiling. The city shall not consider a property owner-initiated Metro Plan amendment application if a substantially similar or identical plan amendment has been denied by the city within the year prior to the application date unless the facts forming the basis for the denial have changed so as to allow approval. The planning director shall determine whether the proposed amendment is substantially similar or identical after providing the applicant with an opportunity to comment on the matter in writing.

(1) Referrals. Within 20 days of city initiation of any Type I, II, or III Metro Plan amendment, the city shall notify Springfield and Lane County of the intended amendment and the Type of amendment proposed. If any governing body disagrees with the Type of the proposed amendment, that governing body may refer the matter to the processes provided in EC 9.7730(6)(a) or (b) as appropriate. All property owner-initiated Metro Plan amendments shall be referred to Springfield and Lane County at least 20 days prior to the planning commission public hearing.

(2) Public Notice. At least 20 days before the planning commission hearing, notice of the hearing shall be published in a local newspaper of general circulation and mailed to the applicant and to persons who have requested notice. At least 20 days before the planning commission hearing, notice of the hearing shall also be mailed to the owners and occupants of properties that are the subject of the proposed amendment and to property owners of record within 300 feet of the subject property. The content of the notice and conduct of the hearing on the amendment shall be as required by this land use code and state law.

(1) Type I Amendment Process. The following process shall be used to consider Type I Metro Plan amendments.

(2) Type II Amendment Process. The following process shall be used to consider Type II Metro Plan amendments:

(3) Type III Amendment Process. The following process shall be used to consider Type III Metro Plan amendments.

(4) Process for Government Initiated Plan Amendments. Notwithstanding (1), (2) or (3) above, a different process, time line, or both may be established by the governing bodies of Eugene, Springfield and Lane County for any government initiated Metro Plan amendment.

(5) Relationship to Refinement Plan or Functional Plan Amendments.

(6) Conflict Resolution Process and Severability of Amendment Adoption Actions. The following process shall be used when the governing bodies cannot agree on substantively identical decisions on a proposed Metro Plan amendment:

(7) Appeals. Adopted or denied Metro Plan amendments may be appealed to the Oregon Land Use Board of Appeals (LUBA) or the Department of Land Conservation and Development (DLCD) according to applicable state law.

(1) The proposed amendment is consistent with the relevant Statewide Planning Goals; and

(2) The proposed amendment does not make the Metro Plan internally inconsistent.

(3) When the city-specific local comprehensive plan also applies, the proposed amendment is consistent with the city-specific local comprehensive plan.

(1) The provisions of EC 9.7800 – 9.7835 apply to annexation applications for which there is owner and elector consent as described in EC 9.7810. Other annexation proposals permitted by state law, including annexations to abate a health hazard pursuant to ORS Chapter 222, shall be processed as provided in state law.

(2) For purposes of EC 9.7800 through 9.7835:

(1) A list of all owners, including partial owners, of land in the area proposed for annexation, indicating for each owner:

(2) Consent to Annex forms that are completed and signed by:

(3) Instead of the Consent to Annex forms as described in subsection (2) above, an application may include Consent to Annex forms that are completed and signed in accordance with state law, by:

(4) In lieu of a Consent to Annex form described in sections (2) or (3) above, an owner’s consent may be indicated on a previously executed, and still valid, annexation agreement consenting to the annexation of the subject land.

(5) Verification of Property Owners form signed by the Lane County Department of Assessment and Taxation.

(6) A Certificate of Electors form signed by the Lane County Elections/Voter Registration Department.

(7) A legal description of the land proposed for annexation prepared by a registered land surveyor consistent with ORS 308.225.

(8) A list of the public service districts presently providing services to the land proposed for annexation (See EC 9.7835).

(9) A written narrative addressing the proposal’s consistency with the approval criteria set out at EC 9.7825.

(1) For an application submitted pursuant to EC 9.7810(2):

(2) For an application submitted pursuant to EC 9.7810(3), or an application described in EC 9.7820(1)(d)(2), above:

(3) Land annexed to the city according to the procedures in EC 9.7800 – 9.7835 shall be automatically rezoned as of the effective date of the annexation from Lane County land zones and zoning overlays to equivalent Eugene zones and overlay zones as shown in Table 9.7820 Equivalent Zones and Overlay Zones.

(4) The city will not deem an application complete for a change in the zoning of land proposed for annexation until the annexation has been approved by the city.

(5) Withdrawals of annexed land from a public service district serving the land shall be processed as provided in EC 9.7835.

(1) The land proposed to be annexed is within the city’s urban growth boundary and is:

(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans.

(3) The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner.

(1) Effective Date. The effective date of an approved annexation shall be set in accordance with state law.

(2) Notice of Approved Annexation.

(1) Council Public Hearing on Withdrawal. Generally on an annual basis, the city council shall set a date, time and place for it to conduct a hearing to consider an ordinance to withdraw annexed land from the following public service districts serving that land:

(2) Notice of Public Hearing. Notice of the hearing, including the date, time, place and purpose of the hearing shall be:

(3) Criteria. In determining whether to withdraw the land, the city council shall determine whether the withdrawal is in the best interest of the city.

(4) Effective Date. The effective date of the withdrawal shall be set in accordance with state law.

(5) Notice of Withdrawal. Not later than March 31 of the tax assessment year to which the withdrawal of land applies, the city shall mail notice to the County Assessor and Department of Revenue including the legal description of the boundary change and an accurate map showing the change, prepared consistent with ORS 308.225.

(1) The city shall review an application for an Expedited Land Division or Middle Housing Land Division, and, within 21 days of its receipt, notify the applicant as to whether the application is complete. If the city determines that the application contains sufficient information for review, the city shall advise the applicant in writing that the application is deemed complete and begin the application review process. If the city determines that the application is incomplete, the city shall advise the applicant in writing of the necessary missing information. The city shall begin review of the application either:

(2) If the application was complete when first submitted or the applicant submits the missing information identified by the city within 180 days of the date the application was first submitted, approval or denial of the application will be based on the standards and criteria that were applicable at the time the application was first submitted.

(1) Within 10 days of the city’s determination that an application is complete, but at least 20 days before the planning director makes a decision, written notice of the application shall be mailed to all of the following, using information from the most recent property tax assessment roll:

(2) The notice shall include all of the following:

(3) The notice shall allow a 14-day period for the submission of written comments, starting from the date of mailing. All comments must be received by the city within that 14-day period.

(4) Responsibility and procedures for mailing and posting the notices described in this section may be established by administrative rule of the city manager adopted pursuant to section 2.019 of this code.

(1) Within 5 days after the planning director renders a decision, notice of the decision shall be mailed to the following:

(2) The notice shall include all of the following:

(3) Responsibility and procedures for mailing the notice described in this section may be established by administrative rule of the city manager pursuant to section 2.019 of this code.

(4) Unless appealed according to the procedures in EC 9.7640 Filing of Appeal of Planning Director’s Decision on Expedited Land Division or Middle Housing Land Division Application, the planning director’s decision is effective on the 15th day after notice of the decision is mailed.