The purpose of this chapter is to establish procedures applicable to the Community Development Code for the consideration of development applications, for the consideration of quasi-judicial Comprehensive Plan amendments, and for the consideration of appeals or petitions for review of decisions. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

A.    Who may apply.

1.    Applications for approval required under this chapter may be initiated by:

a.    The owner of the property that is the subject of the application or the owner’s duly authorized representative;

b.    The purchaser of such property who submits a duly executed written contract or copy thereof, which has been recorded with the Clackamas Clerk;

c.    A lessee in possession of such property who submits written consent of the owner to make such application; or

d.    Motion by the Planning Commission or City Council.

2.    Any person authorized by this chapter to submit an application for approval may be represented by an agent who is authorized in writing by such a person to make the application.

B.    Pre-application conferences.

1.    Subject to subsection (B)(4) of this section, a pre-application conference is required for, but not limited to, each of the following applications:

a.    Boundary changes, per Chapter 81 CDC;

b.     Amendments to the Comprehensive Plan;

c.    Amendments to the Zoning Map;

d.    Conditional uses;

e.     Design review (Class I and Class II);

f.     Historic Design Review (Class II);

g.    Designation of a historic resource or removal of a historic resource designation;

h.    Demolition of a historic resource;

i.    Relocation of a historic resource;

j.     New construction or remodels in the Willamette Falls Drive Commercial Design District, except as provided for in subsection (B)(2)(h) of this section;

k.     Minor partitions;

l.    Land divisions;

m.    Enlargement of non-conforming uses or alteration of a structure containing a non-conforming use;

n.     Planned unit developments;

o.     Class II variances;

p.     Development subject to Chapter 32 CDC, Water Resource Area Protection;

q.     Development subject to Chapter 27 CDC, Flood Management Areas;

r.     Development subject to Chapter 28 CDC, Willamette and Tualatin River Protection;

s.     Right-of-way and easement vacations; and

t.    Extensions of approval with modifications to original approval.

2.    Subject to subsection (B)(3) of this section, the following applications are exempt from subsection (B)(1) of this section, Pre-Application Conference:

a.    Signs;

b.    Home occupations;

c.    Temporary use permits;

d.    Sidewalk uses;

e.    Final plats;

f.    Property line adjustments;

g.    Re-vegetation plans;

h.     Painting, signage, awnings, or architectural in-kind replacements in the Willamette Falls Drive Commercial Design District;

i.     Appeals of land use decisions;

j.    Extensions of approval with no modification to original approval; and

k.    Class I variances.

3.    The Planning Director shall have the authority to require a preapplication conference prior to the submittal of any application that is not listed in subsection (B)(1) of this section if they determine that the potential development is of significant complexity or magnitude to merit a preapplication conference.

4.     The Planning Director may waive the requirement for a pre-application conference for any application if they determine that such a conference is not warranted. Upon making such a determination, the Planning Director shall provide written notification (i.e., e-mail or letter) to the Planning Commission and applicable neighborhood association.

5.    At such conference, the Planning Director or designee shall:

a.    Cite the Comprehensive Plan map designation;

b.    Cite the applicable substantive and procedural ordinance provisions;

c.    Provide technical data and assistance which will aid the applicant;

d.    Identify other policies and regulations that relate to the application;

e.    Identify other pertinent factors that relate to the application; and

f.    Provide the applicant with a written description of all rights for appeal and provide access to all administrative procedures.

6.    The failure of the Director to provide any of the information required by this section shall not constitute a waiver of the standards, criteria, or requirements of the application.

7.    At least 10 days prior to the scheduled date of the conference, the City shall make the pre-application conference schedule available to the public. Within 10 days following the conference, the City shall make staff-prepared written notes summarizing the contents of the meeting available to the public. Failure to comply with this section due to technical or administrative problems is not a procedural defect entitling any party to a delay in the hearing process.

8.    The Planning Director shall prepare administrative procedures designed to allow citizens to attend and participate in pre-application conferences for applications. Lack of neighborhood association participation in a pre-application conference is not a procedural defect entitling any party to a delay in the hearing process.

9.    If the applicant is not the owner of the subject property, the applicant shall provide written evidence that the owner has consented to the pre-application conference prior to it being scheduled.

C.    The requirements for making an application.

1.    The application shall be made on forms provided by the Director as provided by CDC 99.040(A)(1);

2.    The application shall be complete and shall contain the information requested on the form, shall address the appropriate submittal requirements and approval criteria in sufficient detail for review and action, and shall be accompanied by the deposit or fee required by CDC 99.033. No application will be accepted if not accompanied by the required fee or deposit. In the event an additional deposit is required by CDC 99.033 and not provided within the time required, the application shall be rejected without further processing or deliberation and all application materials shall be returned to the applicant, notwithstanding any determination of completeness. (Ord. 1527, 2005; Ord. 1568, 2008; Ord. 1590 § 1, 2009; Ord. 1599 § 6, 2011; Ord. 1614 § 14, 2013; Ord. 1622 § 30, 3014; Ord. 1635 § 36, 2014; Ord. 1636 § 60, 2014; Ord. 1638 § 3, 2015; Ord. 1675 § 55, 2018; Ord. 1745 § 1 (Exh. A), 2023)

The Council shall adopt a schedule of fees reasonably calculated to defray the expenses of the administrative process. The Council may establish either a set fee or a deposit system in which the applicant pays a deposit and the City determines the total administrative cost at the end of the process and refunds any unused amount of the deposit to the applicant. No additional deposit shall be required for additional costs that are incurred because the matter is referred to or called up by a higher decision-making authority. The Council shall charge no fees for City-initiated land use applications or appeals filed by a recognized neighborhood association pursuant to the provisions of CDC 99.240. (Ord. 1527, 2005; Ord. 1568, 2008; Ord. 1604 § 70, 2011; Ord. 1745 § 1 (Exh. A), 2023)

A.    The Planning Director may require information in addition to that required by a specific chapter in the Community Development Code; provided, that:

1.    The chapter expressly authorizes that additional information may be required;

2.    The information is needed to properly evaluate the proposed site plan or proposal;

3.    The requirement for additional information is communicated to the applicant during the pre-application conference or prior to application submittal; and

4.    The need can be justified on the basis of a special or unforeseen circumstance.

B.    The Planning Director may waive a specific requirement for information or a requirement to address a certain approval standard subject to the provisions of subsection C of this section provided:

1.    The Planning Director finds that specific information is not necessary to properly evaluate the application; or

2.    The Planning Director finds that a specific approval standard is not applicable to the application.

C.    Where a requirement is waived, the Planning Director shall cite in the staff report on the application the specific requirements waived and the reasons for the waiver. The decision of the Planning Director to waive the requirement is subject to review and denial by the approval authority or the appeal authority. (Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

Prior to submittal of an application for any subdivision, conditional use permit, multifamily project, planned unit development of four or more lots, non-residential buildings over 1,500 square feet, or a zone change that requires a Comprehensive Plan amendment, the applicant shall contact and discuss the proposed development with any affected neighborhood as provided in this section. Although not required for other or smaller projects, contact with neighbors is highly recommended. The Planning Director may require neighborhood contact pursuant to this section prior to the filing of an application for any other development permit if the Director deems neighborhood contact to be beneficial.

A.    Purpose. The purpose of neighborhood contact is to identify potential issues or conflicts regarding a proposed application so that they may be addressed prior to filing. This contact is intended to result in a better application and to expedite and lessen the expense of the review process by avoiding needless delays, appeals, remands, or denials. The City expects an applicant to take the reasonable concerns and recommendations of the neighborhood into consideration when preparing an application. The City expects the neighborhood association to work with the applicant to provide such input.

B.    The applicant shall contact by letter all recognized neighborhood associations whose boundaries contain all or part of the site of the proposed development and all property owners within 500 feet of the site.

C.    The letter shall be sent to the president of the neighborhood association, and to one designee as submitted to the City by the neighborhood association, and shall be sent by regular mail to the other officers of the association and the property owners within 500 feet. If another neighborhood association boundary is located within the 500-foot notice radius, the letter shall be sent to that association’s president, and to one designee as submitted to the City by the neighborhood association as well. The letter shall briefly describe the nature and location of the proposed development, and invite the association and interested persons to a meeting to discuss the proposal in more detail. The meeting shall be scheduled at the association’s regularly scheduled monthly meeting, or at another time at the discretion of the association, and not less than 20 days from the date of mailing of the notice. If the meeting is scheduled as part of the association’s regular monthly meeting, the letter shall explain that the proposal may not be the only topic of discussion on the meeting agenda. The letter shall encourage concerned citizens to contact their association president, or their association designee, with any questions that they may want to relay to the applicant.

Neighborhood contact shall be initiated by the applicant by mailing the association president, and to one designee as submitted to the City by the neighborhood association, a letter, return receipt requested, formally requesting, within 60 days, a date and location to have their required neighborhood meeting. The 60 days shall be calculated from the date that the applicant mails this letter to the association. If the neighborhood association does not want to meet within the 60-day timeframe, or if there is no neighborhood association, the applicant shall hold a public meeting during the evening after 6:00 p.m., or on the weekend no less than 20 days from the date of mailing of the notice. All meetings shall be held at a location open to the public within the boundaries of the association or at a public facility within the City of West Linn. If the meeting is held at a business, it shall be posted at the time of the meeting as the meeting place and shall note that the meeting is open to the public and all interested persons may attend.

D.    On the same date the letters described in subsections A through C of this section are mailed, the applicant shall provide and post notice on the property subject to the proposed application. The notice shall be posted at a location visible from the public right-of-way. If the site is not located adjacent to a through street, then an additional sign shall be posted on the nearest through street. The sign notice shall be at least 11 inches by 17 inches in size on durable material and in clear, legible writing. The notice shall state that the site may be subject to a proposed development (e.g., subdivision, variance, conditional use) and shall set forth the name of the applicant and a telephone number where the applicant can be reached for additional information. The site shall remain posted until the conclusion of the meeting.

E.    An application shall not be accepted as complete unless and until the applicant demonstrates compliance with this section by including with the application:

1.    A copy of the certified letter to the neighborhood association with a copy of return receipt;

2.    A copy of the letter to officers of the association and to property owners within 500 feet, including an affidavit of mailing and a copy of the mailing list containing the names and addresses of such owners and residents;

3.    A copy of the required posted notice, along with an affidavit of posting;

4.    A copy of the minutes of the meetings, produced by the neighborhood association, which shall include a record of any verbal comments received, and copies of any written comments from property owners, residents, and neighborhood association members. If there are no minutes, the applicant may provide a summary of the meeting comments. The applicant shall also send a copy of the summary to the chair of the neighborhood association. The chair shall be allowed to supplement the summary with any additional comments regarding the content of the meeting, as long as such comments are filed before the record is closed;

5.    An audiotape of the meeting; and

6.    In the event that it is discovered by staff that the aforementioned procedures of this section were not followed, or that a review of the audio tape and meeting minutes show the applicant has made a material misrepresentation of the project at the neighborhood meeting, the application shall be deemed incomplete until the applicant demonstrates compliance with this section. (Ord. 1425, 1998; Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1590 § 1, 2009; Ord. 1613 § 23, 2013; Ord. 1635 § 37, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    The Director shall:

1.    Prepare application forms made pursuant to the standards contained in the applicable State law, Comprehensive Plan and implementing ordinance provisions;

2.    Accept all development applications that comply with the provisions of CDC 99.030;

3.    After accepting an application pursuant to this chapter:

a.    Determine whether an application is complete, and comply with State statutes governing the completeness determination for applications. The determination of the Director is subject to review by the approval authority in its deliberation on the application;

b.    Give notice as provided by CDC 99.080 and 99.090;

c.    Prepare a staff report which shall include findings as to whether or not the application meets the approval criteria of the applicable Community Development Code sections as presented in the application, and whether or not the criteria can be met with conditions;

d.    Make the application, all documents or evidence relied upon by the applicant and applicable criteria available at least 20 days prior to the hearing or date of the Director’s decision. Make the staff report available at least 10 days prior to the scheduled date of the public hearing(s);

e.    Act on the development application pursuant to CDC 99.060(A) and 99.160 or cause a hearing to be held pursuant to CDC 99.060(B) through (D) and CDC 99.170 through 99.230, unless the applicant has requested or consented to a delay;

4.    Administer the hearings process pursuant to CDC 99.170 through 99.230;

5.    Maintain a register of all applications that have been filed for a decision. The register shall at all times identify at what stage the application is in the process. The register shall be posted on the City website unless technical problems prevent this;

6.    File notice of the final decision in the records of the Community Development Department and mail a copy of the notice of the final decision to the applicant and all parties with standing.

The notice of the final decision shall contain the information set forth under CDC 99.130(B);

7.    Maintain and preserve the file for each application. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given pursuant to CDC 99.080 and the accompanying affidavits; the application and all supporting information; the staff report; the final decision including the findings, conclusions, and conditions, if any; all correspondence; the minutes of any meetings at which the application was considered; and any other exhibit(s), information, or documentation which was considered by the hearing body with respect to the application; and

8.    Administer the appeals and review process pursuant to CDC 99.240 through 99.320. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1621 § 25, 2014; Ord. 1745 § 1 (Exh. A), 2023)

This section explains the authority of the Planning Director, Planning Commission, City Council, and Historic Review Board as it relates to quasi-judicial and legislative action.

A.    Planning Director authority. The Planning Director, or designee, shall have the authority to:

1.    Approve, deny, or approve with conditions the following applications:

a.    A temporary use or structure application for a period no more than 120 days, including all extensions (Chapter 35 CDC), and not associated with another land use approval.

b.    A home occupation application (Chapter 37 CDC).

c.    Access restrictions (Chapter 48 CDC).

d.    A minor partition (Chapter 85 CDC).

e.    A final subdivision plat (Chapter 89 CDC).

f.    A final partition plat (Chapter 89 CDC).

g.    A lot line adjustment (Chapter 85 CDC).

h.    Enlargement or alteration of a non-conforming single-family structure containing a conforming use (Chapter 66 CDC).

i.    Decide applications for a determination of unlisted parking requirements (Chapter 46 CDC).

j.    Repealed by Ord. 1735.

k.    Parks Design Review, Class I (Chapter 56 CDC).

l.    Design Review, Class I (Chapter 55 CDC).

m.    A sign application (Chapter 52 CDC).

n.    Sidewalk use permit (Chapter 53 CDC).

o.    Flood management area permit (Chapter 27 CDC).

p.    Repealed by Ord. 1622.

q.    Tualatin River protection permit (Chapter 28 CDC).

r.    Water resource area permit (Chapter 32 CDC).

s.    Class I variance (Chapter 75 CDC).

t.    Willamette River Greenway Permit (Chapter 28 CDC).

u.    Extension of approval without modifications.

v.    Extension of approval with proposed modifications when the Planning Director acted as the initial decision-making authority.

w.    Class I Historic Design Review (Chapter 25 CDC).

x.    A demolition permit for a non-contributing or not in period primary structure or an accessory structure (Chapter 25 CDC).

y.    Expedited land division.

z.    Middle housing land division.

2.    Approve a use permitted under prescribed conditions provided all of the conditions are satisfied.

3.    Make initial interpretations of the provisions of the code.

4.    Make the initial determination regarding the status of the following:

a.    Non-conforming structure (Chapter 66 CDC).

b.    Non-conforming structure involving a non-conforming use (Chapter 65 CDC).

c.    Non-conforming use of land (Chapter 67 CDC).

B.    Planning Commission authority. The Planning Commission shall have the authority to:

1.    Make a recommendation to approve, deny, or approve with conditions to the Council:

a.    A quasi-judicial Comprehensive Plan Map amendment (Chapter 105 CDC).

b.    A quasi-judicial zone change application pursuant to Chapter 105 CDC, excluding applications requesting the designation or removal of a designation for a historic resource.

2.    Approve, deny, or approve with conditions the following applications:

a.    A temporary use or structure application (Chapter 35 CDC) for a minimum of 121 days to no more than one year, or an application associated with another land use approval.

b.    A conditional use (Chapter 60 CDC).

c.    Enlargement of a non-conforming use or alteration for a structure containing a non-conforming use (Chapter 66 CDC).

d.    Enlargement or alteration of a non-single-family residential non-conforming use (Chapter 66 CDC).

e.    Class II variance or special waiver (Chapter 75 CDC).

f.    Subdivision (Chapter 85 CDC).

g.    Planned unit development (Chapter 24 CDC).

h.    Design review, Class II (Chapter 55 CDC).

i.    Parks design review, Class II (Chapter 56 CDC).

j.    Any matter not specifically assigned to another approval authority.

k.    Extension of approval with proposed modifications when the Planning Commission acted as the initial decision-making authority.

3.    Revoke or modify an approval as provided by CDC 99.330 for any application approved by the Planning Commission or Planning Director.

4.    Make an unlisted use determination.

5.    An appeal of the Planning Director’s interpretation of the code pursuant to CDC 01.060.

C.    City Council authority. The Council shall have the authority to:

1.    Approve, deny, or approve with conditions applications for the following development applications:

a.    A quasi-judicial Comprehensive Plan Map amendment (Chapter 105 CDC).

b.    A quasi-judicial zone change application pursuant to Chapter 105 CDC.

c.    Boundary change proposals (Chapter 81 CDC).

2.    Consider an appeal or review of a decision made by the Planning Director under the provisions of CDC 99.240(A) and 99.080(B).

3.    Consider an appeal or review of a decision made by the Planning Commission or Historic Review Board, whether on the Council’s own motion, or otherwise as provided by CDC 99.240.

4.    Decide an appeal of the Director’s interpretation of zoning boundaries as provided by CDC 05.040.

5.    Revoke or modify an approval as provided by CDC 99.330 for any application approved by the City Council, including an application approved by the City Council on appeal from another City decision-making authority.

D.    Historic Review Board authority. The Historic Review Board shall review an application for compliance with Chapters 25 and 58 CDC, as applicable. The Historic Review Board shall have the authority to:

1.    Approve, deny, or approve with conditions an application regarding the following:

a.    Class II Historic Design Review;

b.    A demolition permit for a historic landmark or primary contributing structure within a historic district;

c.    Relocation of a historic resource;

d.    Revocation or modification of an approval as provided by CDC 99.330 for any application approved by the Historic Review Board; and

e.     Extension of an approval with proposed modifications when the Historic Review Board acted as the initial decision-making authority.

2.    Make recommendations to the approval authority specified in this section regarding the following:

a.    Designation of a historic resource;

b.    Removal of historic resource designation;

c.    Class I or Class II design review on a property within the Willamette Falls Drive Commercial Design District that is not a historic landmark or within the Willamette Historic District;

d.    New construction within the Willamette Falls Drive Commercial Design District that is not a historic landmark or within the Willamette Historic District;

e.    A partition or subdivision of property containing a historic resource;

f.    Conditional use of property containing a historic resource.

E.    Referee.

1.    Approve, deny, or approve with conditions the following applications:

a.    Appeal of an expedited land division per ORS 197.375.

b.    Appeal of a middle housing land division per ORS 197.375. (Ord. 1442, 1999; Ord. 1463, 2000; Ord. 1474, 2001; Ord. 1510, 2004; Ord. 1525, 2005; Ord. 1545, 2007; Ord. 1547, 2007; Ord. 1565, 2008; Ord. 1568, 2008; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1597 §§ 17, 18, 2010; Ord. 1613 § 24, 2013; Ord. 1614 § 15, 2013; Ord. 1622 §§ 9, 28, 2014; Ord. 1635 § 38, 2014; Ord. 1638 § 3, 2015; Ord. 1655 § 9, 2016; Ord. 1735 § 5 (Exh. D), 2022; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1755 § 1 (Exh. A), 2024)

A.    When an applicant requests more than one approval, and more than one approval authority is required to decide the applications, the proceedings shall be consolidated so that one approval authority shall decide all applications in one proceeding. In such cases, the hearings shall be held by the approval authority having original jurisdiction over one of the applications under CDC 99.060, in the following order of preference: City Council, Planning Commission or Historic Review Board, or the Planning Director.

1.    However, expedited land division applications shall be processed as described in Chapter 197 ORS, regardless of the number of approvals requested.

B.    When an applicant requests to undertake preliminary work, for site preparation or analysis, the Director may allow decisions within the Director’s authority to precede the subsequent decision required for review by the decision-making body. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1635 § 39, 2014; Ord. 1745 § 1 (Exh. A), 2023)

Notice shall be given in the following ways:

A.    Class A Notice. Notice of proposed action or a development application pursuant to CDC 99.060 shall be given by the Director in the following manner:

1.    At least 20 days prior to the scheduled hearing date notice shall be sent by mail to:

a.    The applicant or the applicant’s agent, and the property owner of record on the most recent property tax assessment roll where such property is located.

b.    All property owners of record on the most recent property tax assessment roll where such property is located within 500 feet of the site.

c.    Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice; plus, where applicable, the Oregon Department of Transportation, Tri-Met, neighboring local jurisdictions, Clackamas County Department of Transportation and Development, and Metro.

d.    The affected recognized neighborhood association or citizens advisory committee.

e.    For a hearing on appeal or review, all parties and persons with standing described in CDC 99.140 to an appeal or petition for review.

2.    At least 10 days prior to the hearing or meeting date, notice shall be given in a newspaper of general circulation in the City. An affidavit of publication shall be made part of the administrative record.

a.    Decisions pursuant to CDC 99.060(A), Planning Director authority, are exempt from the requirements of this subsection.

3.    At least 10 days prior to the hearing or meeting date, the Planning Director shall cause a sign to be placed on the property which is the subject of the decision or, if the property does not have frontage on a public street, adjacent to the nearest public street frontage in plain view and shall state, “This property is the subject of a land use decision,” with the type of use or request indicated.

If the application is not located adjacent to a through street, then an additional sign shall be posted on the nearest through street.

4.    At least 10 days but no more than 40 days prior to hearing of a proposed zone change for manufactured home parks, notice shall be given to the respective manufactured home park residents.

5.    The Director shall cause an affidavit of mailing of notice and posting of notice to be filed and made part of the administrative record.

6.    At the conclusion of the land use action the signs shall be removed.

B.    Class B Notice. Notice of a proposed action on a development application pursuant to CDC 99.060 shall be given by the Director in the following manner:

1.    At least 14 days prior to the decision date, a notice shall be sent by mail to:

a.    The applicant or their agent;

b.    The affected recognized neighborhood association or citizens advisory committee; and

c.    All property owners of record within 300 feet of the site perimeter;

2.    At least 10 days prior to the earliest date that the approval authority can take action on the application, the applicant shall place a sign, provided by the Community Development Department, on the subject property in plain view. The sign shall state, “This property is the subject of a land use decision,” with the type of use or request indicated.

3.    The Director shall cause an affidavit of mailing of notice and posting of notice to be filed and made part of the administrative record.

4.    At the conclusion of the land use action the signs shall be removed.

C.    Notice for expedited and division applicants shall comply with the requirements of Chapter 197 ORS.

D.    Notice for a boundary change application shall comply with the requirements of ORS 197.763, Chapter 222 ORS, and the Metro Code.

E.    Table of notices. The following notice summary identifies the appropriate type of notice for the various land use applications of CDC 99.060:

**Plus COE/DSL is notified

***Plus DLCD notice

(Ord. 1425, 1998; Ord. 1474, 2001; Ord. 1545, 2007; Ord. 1547, 2007; Ord. 1565, 2008; Ord. 1568, 2008; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1613 § 25, 2013; Ord. 1614 § 16, 2013; Ord. 1621 § 25, 2014; Ord. 1635 § 40, 2014; Ord. 1636 § 61, 2014; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1755 § 1 (Exh. A), 2024; Ord. 1763 § 1 (Exh. A), 2025)

A.    Notices mailed pursuant to this code shall comply with applicable provisions of the Oregon Revised Statutes (ORS). Except for expedited land division review, for which Chapter 197 ORS shall apply, notice given to persons entitled to mailed or published notice pursuant to CDC 99.060 shall:

1.    Explain the type of application and what proposed uses could be authorized.

2.    List the applicable criteria from the ordinance and plan.

3.    Set forth street address (if existing) and other easily understood geographical reference of the subject property.

4.    State the date, time, and location of hearing or, for the Planning Director’s decisions, the earliest date upon which the Director will make a decision.

5.    State that failure to raise an issue in a hearing, in person, or by letter, or failure to provide sufficient specificity to afford the decision-maker an opportunity to respond to the issue, precludes appeal to LUBA on that issue.

6.    Include the name of government contact and phone number.

7.    State that the application, all documents or evidence relied upon by the applicant and applicable criteria are available for inspection at no cost, and copies at reasonable cost.

8.    State that a copy of the staff report will be available for inspection at no cost at least 10 days prior to the hearing, and copies at reasonable cost.

9.    A statement that public and written testimony are invited, and including a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.

B.    In addition to the ORS requirements, the notice shall identify the following:

1.    The type of land use action proposed (e.g., “four-lot subdivision”).

2.    Community Development Department file number. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1621 § 25, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    The notification list used for giving notice required by this code under CDC 99.080 shall be compiled from the most recent property tax assessment roll.

B.    The failure of a property owner to receive notice shall not invalidate the action provided a good faith attempt was made to notify all persons entitled to notice.

C.    Personal notice is deemed given when the notice is deposited with the United States Postal Service. Published notice is deemed given on the date it is published.

D.    In computing the length of time that notice was given, the first date notice is given shall be excluded and the day of the hearing or decision by the Director shall be included. (Ord. 1401, 1997; Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

A.    The decision shall be based on proof by the applicant that the application fully complies with:

1.    The applicable standards of any provision of this code or other applicable implementing ordinance.

B.    Consideration may also be given to:

1.    A mistake or inconsistency in the Comprehensive Plan or Zoning Map as it relates to the property which is the subject of the development application; and

2.    Factual oral testimony or written statements from the parties, neighborhood plans, other persons and other governmental agencies relevant to the existing conditions or factors in subsection A or (B)(1) of this section.

C.    In all cases, the decision shall include a statement in a form which includes findings as to whether or not the application meets the approval criteria of the applicable Community Development Code sections.

D.    The approval authority may:

1.    Adopt the findings and conclusions contained in the staff report;

2.    Adopt the findings and conclusions of a lower approval authority;

3.    Adopt its own findings and conclusions;

4.    Adopt the findings and conclusions submitted by any party; or

5.    Adopt the findings and conclusions from another source, either with or without modifications, having made a tentative decision and having directed the staff to prepare findings for review and to provide an opportunity for all parties to comment upon them.

E.    The decision may be for denial, approval, or approval with conditions, pursuant to CDC 99.160 and 99.170, where such conditions are necessary to satisfy the applicable standards of any provision of this code or other applicable implementing ordinance.

F.    The final decision shall be a decision which is in writing and which has been:

1.    Formally adopted by the decision-making authority and filed with the Director within 14 working days of the formal adoption of the decision; or

2.    Signed by the Director in the case of a decision by the Director and filed as a final decision within 14 working days of the signed decision; or

3.    Formally adopted by the Council and signed by the Mayor or the president of the Council in the case of an appeal. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

This section explains how amendments to projects subject to the quasi-judicial decision making process are processed.

A.    An amendment application shall be required if the Planning Director determines that the proposed revisions will change the project by a factor greater than 10 percent in a quantifiable manner (e.g., number of proposed lots, square footage of proposed buildings, relocation of building footprints). Non-quantifiable changes shall also require an amendment if they result in significant differences between the approved project and the revised project, or if the changes call into question compliance with a relevant approval criterion.

B.    Amendments shall be reviewed by the initial decision-making authority. For example, if the Planning Commission heard the application initially, then it would hear the amendment application.

C.    Rather than provide full submittal, the Planning Director shall identify the parameters of the submittal appropriate to the amendment and applicable approval criteria. For example, if the applicant only requests to redesign the architecture of a building, but not increase square footage or building mass, then the submittal of a site plan, architectural elevations, material/color board, and narrative specific to the architecture and relevant design review approval criteria would be appropriate. Conversely, no new landscaping, grading plans, etc., would be necessary since no changes are proposed for those items. The submittal should be comprehensive and sufficient to provide the decision-making authority with all necessary information while not being redundant and requiring information which is already part of the record of the original application.

D.    If the proposed revisions will change the project by a factor greater than 25 percent in a quantifiable manner, or if the land area upon which the project is proposed changes, then a new application shall be required. (Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1754 § 1 (Exh. A), 2024)

An applicant may elect to develop a proposed project in phases. The timing of each development phase shall be set forth in the application and subject to approval by the appropriate approval authority. Each phase shall meet all applicable development standards individually (e.g., access, parking, landscaping, utilities, etc.) without having to rely upon subsequent phases. Each phase shall also install all necessary improvements to serve the development within that phase. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

A.    The final decision by the Planning Director shall be filed in the records of the Community Development Department after the decision is signed by the Planning Director, and notice thereof shall be mailed to the applicant, all parties to the matter as established under CDC 99.140, and those persons who requested copies of such notice.

B.    The final decision by the Planning Commission, Historic Review Board, or City Council shall be filed in the records of the Community Development Department, and notice thereof shall be mailed to the applicant, all parties to the matter as established under CDC 99.140, and those people requesting copies of such notice.

C.    Notice of a final decision shall conform to applicable provisions of the Oregon Revised Statutes.

D.    The appeal period is as provided in CDC 99.230. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1590 § 1, 2009; Ord. 1621 § 25, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    Any person or recognized neighborhood association with standing may pursue an appeal or seek review of any land development decision. Standing is established in the following way:

B.    The person or recognized neighborhood association appeared before an approval authority other than the Director, either orally or in writing, and provided their name and address; signed the testimony form provided at the hearing; or submitted comments to the Director, in writing, and provided their name and address to the Director regarding a decision. Neighborhood association standing can only be established by a person identifying, either in testimony or in writing, that they represent a specific neighborhood association. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1622 § 8, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    Pursuant to CDC 99.060(A), the Director is authorized to make certain decisions, and no hearing shall be held except where the Director has an interest in the outcome of the decision, due to some past or present involvement with the applicant or other interested persons or in the property or surrounding property, and cannot render an impartial decision. In such cases, the application shall be reviewed by the Director’s designee, and in the event the designee cannot render a decision, the application shall be subject to the jurisdiction of the Planning Commission.

B.    A decision made by the Director shall be made in accordance with the provisions of CDC 99.110, and a record shall be made which shall include:

1.    A copy of the application and all supporting information, plans, exhibits, graphics, etc.;

2.    All correspondence relating to the application;

3.    All information considered by the Director in making the decision;

4.    The staff report of the Director prepared under CDC 99.040(A)(3)(c);

5.    A list of the conditions, if any are attached, to the approval of the application;

6.    A copy of the notice which was given pursuant to CDC 99.080(A), and accompanying affidavits, and a list of all persons who were given mailed notice; and

7.    A signed statement by the Director stating the nature of any past or present involvement with the applicant, other interested persons or the property if the Director makes a decision, and if there could reasonably be expected to be a challenge to the fairness of the decision.

C.    A decision made by the Director shall be final as provided by CDC 99.230 unless:

1.    A party to the action files a written appeal with the Director within 14 days of the final decision pursuant to CDC 99.240; or

2.    A majority of the members of the Commission or the Council order a review within 14 days of the final decision pursuant to CDC 99.240.

D.    No Director’s decision may modify the request from that set out in the notice given under CDC 99.080 and 99.090, unless new notice be given, except that conditions may be attached to the approval. (Ord. 1568, 2008; Ord. 1622 § 6, 2014; Ord. 1635 § 41, 2014; Ord. 1745 § 1 (Exh. A), 2023)

A.    The Planning Commission, City Council, and Historic Review Board shall conduct a public hearing on all matters over which the Board, Commission, or Council has original jurisdiction pursuant to CDC 99.060; and:

1.    Determine who qualifies as a party.

2.    Regulate the course, sequence, and decorum of the hearing. The sequence of the hearing shall also include the right to establish procedures for continuances of hearings.

3.    Dispose of procedural requirements or similar matters.

4.    Rule on offers of proof and relevancy of evidence and testimony.

5.    Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentation, cross-examination of witnesses and rebuttal testimony.

6.    Take such other action appropriate for conduct commensurate with the nature of the hearing.

7.    Approve or deny applications or approve with conditions pursuant to CDC 99.110.

B.    At the commencement of the hearing, a statement shall be made to those in attendance that:

1.    Lists the applicable substantive criteria (by chapter) that apply to the application before the hearing body.

2.    States that testimony, arguments and evidence must be directed toward the applicable substantive criteria which the person testifying believes to apply to the decision.

3.    States that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes an appeal to the State Land Use Board of Appeals based on that issue.

C.    Unless otherwise provided in rules of procedure adopted by the Council, the following rules shall apply to the general conduct of the hearing:

1.    The approval authority may ask questions at any time prior to the final decision; however, the answers shall be limited to the substance of the question and if new evidence is admitted after the close of the hearing, upon request, rebuttal shall be allowed;

2.    Parties or the Director must receive approval from the approving authority to submit directly questions to other parties or witnesses or the Director;

3.    A reasonable amount of time shall be given to persons to respond to questions;

4.    No person shall testify without first receiving recognition from the approval authority and stating a full name and address;

5.    The approval authority may require that testimony be under oath or affirmation;

6.    Audience demonstrations such as applause, cheering and display of signs or other conduct disruptive of the hearing shall not be permitted. Any such conduct may be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer; and

7.    No person shall be disorderly, abusive, or disruptive of the orderly conduct of the hearing.

D.    The Planning Commission or Historic Review Board may refer any matter for Council action on the record made before it.

E.    Prior to the conclusion of the initial evidentiary public hearing on the application, any participant may request an opportunity to present additional evidence, arguments, or testimony regarding the application. The request shall be granted through one of the following means:

1.    Continuation of the public hearing to a date, time, and place certain at least seven days from the date of the initial evidentiary public hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, arguments or 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, arguments, or testimony for the purpose of responding to the new written evidence.

2.    Leaving the record open for at least seven days for the presentation of additional written evidence, arguments, or testimony. At the conclusion of this period, any participant may file a request for an opportunity to respond to any additional written evidence, arguments, or testimony. Such a request shall be granted with an additional seven days (at minimum) to file such a written response.

F.    If requested, an applicant shall be granted an additional period of at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant’s final submittal shall be considered part of the record, but shall not include any new evidence. Any such time period granted to the applicant shall not be subject to the time limit provisions of Chapter 227 ORS regarding local government hearing procedures found in ORS 227.170 for quasi-judicial applications.

G.    A decision made by the Planning Commission or Historic Review Board shall be final as provided by CDC 99.230 unless:

1.    A party to the action files a written appeal with the Director within 14 days of the final decision pursuant to CDC 99.240;

2.    A majority of the Council order a review within 14 days of the final decision pursuant to CDC 99.240; or

3.    It is an expedited land division application for which the provisions of Chapter 197 ORS shall apply.

H.    If a Planning Commission or a Historic Review Board decision for a project that requires a decision by both bodies is appealed, both decisions shall be automatically appealed and will be reviewed in a combined hearing. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1597 § 19, 2010; Ord. 1604 § 71, 2011; Ord. 1622 § 7, 2014; Ord. 1675 § 56, 2018; Ord. 1745 § 1 (Exh. A), 2023)

A.    Ex parte contacts. The general public has a right to have hearing body members free from pre-hearing or ex parte contacts on the matter to be heard. It is recognized that an equal public right is free access to public officials on any matter.

1.    Therefore, hearing body members shall reveal any significant pre-hearing or ex parte contacts with regard to any matter at the commencement of the public hearing on the matter. “Ex parte contacts” are defined as meetings, conversations, or communication outside of the City hearing process between the decision-making authority (e.g., Planning Commission member) and any person concerning the substance of the application. Essentially, both sides of the issue are not fairly represented. An ex parte contact does not compel abstention, but if such contacts have impaired the members’ impartiality or ability to vote on the matter, the member shall so state and shall abstain from voting.

2.    In addition, parties who had the communication with the member have the right to rebut the substance of the communication, or the subject to which the communication relates, with the member at the commencement of the public hearing on the matter.

3.    All ex parte contacts shall be reported on the record.

4.    This section shall not apply to Director decisions made under CDC 99.060(A).

5.    Members of the City Council, Planning Commission, and Historic Review Board shall be governed by the relevant provisions of Chapters 227 and 244 ORS and the provisions of this section. Where inconsistencies exist, the ORS shall prevail.

B.    Challenges to impartiality.

1.    An affected party or a member of a hearing body may challenge the qualifications of a member of the hearing body to participate in the hearing and decision. The challenge shall state the facts relied upon by the challenger relating to a person’s bias, pre-judgment, personal interest, or other facts from which the challenger has concluded that the member of the hearing body cannot participate in an impartial manner.

2.    The challenged person shall have an opportunity to respond orally to the challenge. The challenge shall be incorporated into the record of the hearing.

3.    Any challenge shall require that the hearing body vote on the challenge pursuant to subsection E of this section.

C.    Disqualification. No member of a hearing body may participate in a discussion of the proposal or vote on the proposal when any of the following conditions exist:

1.    Any of the following have a direct or substantial financial interest in the proposal: the member or 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.

2.    For any other valid reason, the member has determined that participation in the hearing and decision cannot be in an impartial manner.

D.    Participation by interested officers or employees. No officer or employee of the City who has a financial or other private interest in a proposal may 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 such interest.

E.    Abstention or disqualification. Disqualification for reasons other than the member’s own judgment may be ordered by a majority of the members of a hearing body present and voting. The member who is the subject of the motion for disqualification may not vote on the motion but shall be allowed to participate in the deliberation of the hearing body on that motion.

F.    Rights of abstaining or disqualified member of the hearing body.

1.    An abstaining or disqualified member of the hearing body shall be counted for purposes of forming a quorum. A member who represents a personal interest at a hearing may do so only after making full disclosure for the record of the hearing, abstaining from voting on the proposal, and vacating the seat on the hearing body.

2.    If sufficient members of a hearing body abstain or are disqualified, that renders the hearing body unable to take action on the application consistent with the applicable authority of the hearing body, then the application shall be reviewed as follows:

a.    Planning Director disqualified – referred to Planning Director’s designee, or if no alternatives are available, referred to the Planning Commission for hearing and decision.

b.    Historic Review Board disqualified – referred to Planning Commission for hearing and decision.

c.    Planning Commission disqualified – referred to City Council for hearing and decision.

d.    City Council disqualified – City Council will hear it and make a decision if the disqualified member’s vote is required to achieve a quorum and reach a decision on the matter, and no other person can act in the place of the disqualified person.

e.    City Council acting as appellate hearing authority disqualified – decision of the original authority becomes the final City decision.

3.    Council members who appear as a party in another hearing process on an application, such as testifying before the Planning Commission in a case that is then appealed to the City Council, shall be disqualified from Council consideration of that application.

4.    Council members of a hearing body who participate in a meeting, such as a neighborhood association or a Chamber of Commerce meeting, etc., wherein they state their support or opposition to an application that appears before the City Council, shall be disqualified from the hearing body consideration of that application.

G.    A member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1604 §§ 72, 73, 2011; Ord. 1635 § 42, 2014; Ord. 1745 § 1 (Exh. A), 2023)

An approval authority may continue the hearing from time to time to gather additional evidence, to consider the application fully, to comply with State statutes, or to give notice to additional persons. Unless otherwise provided by the approval authority, no additional notice need be given of the continued hearing if the matter is continued to a date certain. (Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

A.    All evidence offered and not objected to may be received unless excluded by the approval authority.

B.    Evidence received at any hearing shall be of the quality that reasonable persons rely upon in the conducting of their everyday affairs.

C.    No person shall present irrelevant, immaterial, or unduly repetitious testimony or evidence.

D.    Formal rules of evidence, as used in courts of law, shall not apply. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

A.    A verbatim record of the proceeding shall be made by video recording, or other available means. It shall not be necessary to transcribe testimony. The minutes and other evidence of the proceedings shall be part of the record and the basis for deciding a decision on review. Inadvertent loss of a verbatim record due to technical or mechanical problems unforeseen by the City shall not be grounds for invalidating a public hearing or decision.

B.    All exhibits received shall be marked so as to provide identification upon review and shall be part of the record.

C.    The official record shall include:

1.    All materials, pleadings, memoranda, stipulations, and motions submitted by any party to the proceeding and recorded or considered by the hearings authority as evidence;

2.    All materials submitted by the Director to the approval authority with respect to the application;

3.    The verbatim record made by video recording or other available means, the minutes of the hearing, and other evidence of the proceedings before the hearings body;

4.    The written findings, conclusions, decision and, if any, conditions of approval of the approval authority;

5.    All visual displays, both in paper form and in electronic form, presented as part of the proceedings;

6.    All correspondence relating to the application; and

7.    A copy of the notice which was given as provided by CDC 99.080, accompanying affidavits and list of persons who were sent mailed notice.

D.    The record of the proceedings for a hearing on appeal or review by the City Council shall consist of all the above items and all similar items presented during the Council proceedings. (Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

A.    Any Planning Director or Planning Commission decision made under the provisions of this chapter shall become effective at 5:00 p.m. on the fourteenth day from the date of mailing the notice of the final decision, unless a local appeal or review is taken pursuant to CDC 99.240. If the fourteenth day falls on any legal holiday or on a Saturday or Sunday, then the effective date and time shall be at 5:00 p.m. on the next business day.

B.     City Council decisions are final upon the date of the signature on the decision. The effective date shall be 21 days from the date that the final, signed decision is mailed. If the twenty-first day falls on any legal holiday or on a Saturday or Sunday, then the effective date and time shall be at 5:00 p.m. on the next business day. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1590 § 1, 2009; Ord. 1745 § 1 (Exh. A), 2023)

The Oregon Revised Statutes require that prior to filing an appeal at the State Land Use Board of Appeals (LUBA), an appellant must first utilize the appeal opportunities provided by the City. A case cannot be brought before LUBA unless an appeal or petition for review is first filed with the appropriate City review body. It is the purpose of this section to provide parties information about possible remedies prior to litigation. To that end, the filing of an appeal or petition for review is a condition precedent for further administrative or judicial review.

A.    Any decision made by the Planning Director pursuant to CDC 99.160, or the Planning Commission or Historic Review Board (except for expedited land divisions) on a development application as provided by CDC 99.170, may be appealed to the City Council pursuant to CDC 99.160(C)(1) or 99.170(G)(1) or may be reviewed by the City Council pursuant to CDC 99.160(C)(2) or 99.170(G)(2).

B.    Any decision made by the Historic Review Board or Planning Commission under CDC 99.170 may be reviewed by the Council if the matter is referred under CDC 99.170(D) to the Council, upon closure of the hearing, when the case presents a policy issue which required Council deliberation and determination.

C.    Formally recognized neighborhood associations may appeal land use decisions to the appropriate bodies without cost if the Planning Director finds:

1.    The Community Development Code appeal procedures are followed.

2.    A member of the association must have established standing on behalf of the association. The member must have explicitly identified themselves, in writing or in testimony, as representing the association.

3.    The association submits a copy of the meeting minutes and vote taken supporting the appeal.

4.    The neighborhood association appeal is related to the property within the association’s recognized boundaries, or an application outside the association’s boundaries that shall have significant impacts upon the association’s neighborhood.

5.    The neighborhood association may appeal without cost on behalf of an individual or group with standing who is not represented by a recognized association if subsections A, B and C of this section are met and the neighborhood association finds the issue(s) are of City-wide concern related to the West Linn Comprehensive Plan or the West Linn CDC.

D.    The Planning Commission shall have standing in all Historic Review Board decisions and may appeal such decisions, following Community Development Code appeal procedures, without cost.

E.    The Historic Review Board shall have standing in all Planning Commission decisions involving property or structures within a historic district or designated as a landmark and may appeal such decisions, following Community Development Code appeal procedures, without cost. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1597 § 20, 2010; Ord. 1745 § 1 (Exh. A), 2023)

A.    An appeal application shall contain the following information:

1.    Date and case file number of the decision being appealed.

2.    Documentation that the appellant qualifies as a party of standing, as provided by CDC 99.140.

3.    A statement describing the basis of the appeal that includes a citation to the West Linn Municipal Code and/or Community Development Code approval criteria or development standard(s) that are not met in the application, or that the appellant claims have been incorrectly interpreted or applied.

B.    The appeal application shall be accompanied by the required fee.

C.    If the appeal application and required fee are not submitted within the appeal period, or if the appeal application does not contain the required elements specified in subsections (A)(1) through (A)(3) of this section, the application shall not be accepted.

D.    The hearing on the appeal or review shall be de novo; however, all evidence presented to any lower approval authority shall be made part of the record. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1622 § 5, 2014; Ord. 1663 § 1, 2017; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1755 § 1 (Exh. A), 2024)

Upon appeal, notice shall be given by the Director to all persons having standing as provided by CDC 99.140 to notice as required by CDC 99.080. (Ord. 1568, 2008; Ord. 1622 § 5, 2014; Ord. 1745 § 1 (Exh. A), 2023)

Notice given to persons entitled to mailed notice under CDC 99.260 shall:

A.    Reference the application sought to be appealed;

B.    List the date, time, and location of the hearing;

C.    State the appellant or petitioner name(s);

D.    List any grounds for appeal or review stated in the application for appeal or review, but state that the appeal or review is not limited to the stated grounds for appeal or review and that all relevant issues may be considered;

E.    State that the hearing on appeal shall be de novo; however, evidence presented to the lower approval authority shall be considered and given equal weight as evidence presented on appeal;

F.    Include the name of government contact and phone number; and

G.    State that the application and record are available for inspection at no cost, and copies at a reasonable cost. (Ord. 1382, 1995; Ord. 1474, 2001; Ord. 1547, 2007; Ord. 1568, 2008; Ord. 1622 § 5, 2014; Ord. 1663 § 2, 2017; Ord. 1745 § 1 (Exh. A), 2023)

A.    All appeals and reviews shall be de novo.

1.    The record of the previous application, hearing, and decision shall be incorporated and considered as evidence in the appeal procedure.

2.    If any party requests a continuance of the appeal hearing, the City Council may grant a continuance to allow a further hearing or may allow only written submissions. The City Council may limit the scope of any additional testimony or argument after the initial hearing on appeal. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1622 § 5, 2014; Ord. 1663 § 3, 2017; Ord. 1745 § 1 (Exh. A), 2023)

A.    The approval authority shall act upon the appeal or review within 120 days of the application being deemed complete, unless the applicant consents to an extension of time; and

B.    The approval authority may affirm, reverse, or modify the decision which is the subject of the appeal; however, the decision shall be made in accordance with the provisions of CDC 99.110; or

C.    The approval authority may remand the matter if it is not satisfied that testimony or other evidence could not have been presented or was not available at the hearing. In deciding to remand the matter, the approval authority shall consider and make findings and conclusions regarding:

1.    The prejudice to parties;

2.    The convenience or availability of evidence at the time of the initial hearing;

3.    The surprise to opposing parties;

4.    The date notice was given to other parties as to an attempt to admit; or

5.    The competency, relevancy, and materiality of the proposed testimony or other evidence. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

A.    The provisions of CDC 99.180 apply and, in addition:

1.    A majority of the qualified voting members of the approval authority must vote affirmatively to affirm, affirm with conditions, or reverse or remand the decision. If no majority is in favor of any motion, then the previous decision shall be considered affirmed.

B.    Unless a decision be deferred, in the event of a tie, the decision which is the subject of appeal or review shall stand. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1745 § 1 (Exh. A), 2023)

An application which has been denied and, if appealed, has not been reversed by a higher authority, including the Land Use Board of Appeals, the Land Conservation and Development Commission, or the courts, may not be resubmitted for the same or a substantially similar proposal, or for the same or substantially similar action, for a period of at least 12 months from the date the final decision is made denying the application. (Ord. 1568, 2008; Ord. 1590 § 1, 2009; Ord. 1745 § 1 (Exh. A), 2023)

A.    Purpose. The purpose of this chapter is to provide an appropriate and efficient review process for extending the time period during which land use approvals are valid and may be utilized.

B.    Applicability. This chapter applies to all approved land use applications that are subject to expiration but have not yet expired.

C.    General provisions.

1.    An approved land use application is eligible for one extension.

2.    To be effective, an extension application must be approved by the decision-making authority prior to the expiration date of the original approval.

3.    If an extension is approved, the expiration date for the original approval is extended an additional two years from the effective date of the original approval.

D.    Approval process.

1.    If the extension application does not propose modification to the original approval, the assigned approval authority is the Planning Director, as provided in CDC 99.060(A). If no modifications are proposed to the original approval, no neighborhood meeting is required.

2.    If the extension application proposes modifications of the original approval or any conditions of approval, the extension application shall comply with amendment procedures set forth in CDC 55.050, 85.085 and 99.120, when applicable.

3.    An application for extension of approval with modifications to the original approval shall satisfy the neighborhood meeting requirements of CDC 99.038, if a neighborhood meeting was required of the original application.

4.    If the original approval included multiple applications and does not propose modifications, a single extension application may include all applications associated with the original approval.

E.    Approval criteria. The approval authority will approve an extension application when all of the following criteria are met:

1.    The applicant has provided evidence that a good faith effort was made to utilize the approval within the specified time period or the need for the extension is the result of conditions or circumstances outside the control of the applicant or property owner; and

2.    If the original application included a transportation impact study, a natural resources report, geotechnical report, and/or tree inventory report an updated report must be provided with the extension application that shows no significant changes on or near the development site have occurred that would affect the conclusions and recommendations of the existing report(s). A letter from a recognized professional satisfies this criterion if it states that conditions have not changed since the approval of the original application and no new analysis is warranted.

3.    For purposes of this section, a “recognized professional” is defined as:

a.    CDC 85.170(B)(2)(f)(1) for transportation impact studies.

b.    CDC 32.050(K)(4)(a) for natural resources reports.

c.    CDC 85.170(C)(3) for geotechnical reports. (Ord. 1589 § 1 (Exh. A), 2010; Ord. 1621 § 25, 2014; Ord. 1635 § 43, 2014; Ord. 1675 § 57, 2018; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1755 § 1 (Exh. A), 2024)

A.    Conditions of approval shall be fulfilled within the time limit set forth in the decision, or by specific provisions in this code or, if no time limit is set forth, within three years unless an extension is granted per CDC 99.325. Failure to fulfill any condition of approval within the time limitations provided will be grounds for revocation of approval after notice and an opportunity to be heard as an administrative action as provided in this section. Alternately, the Planning Director shall pursue compliance through Chapter 106 CDC.

B.    Substantial changes, alterations, or amendments to the substance of the conditions of approval shall be processed as a new administrative action per CDC 99.120.

1.    Substantial changes in an application made after approval, but without applicant seeking approval under CDC 99.120, shall result in revocation of approval after notice and opportunity to appeal revocation order.

2.    Director determination of what does or does not constitute substantial changes, alterations, or amendments is appealable to the City Council by anyone having standing in the original land use decision.

C.    The conditional approval may require the owner of the property to sign within a time certain or, if no time is designated, within a reasonable time, a contract with the City for enforcement of the conditions. The Council shall have the authority to execute such contracts on behalf of the City. If a contract is required by a conditional approval, no building permit shall be issued for the use covered by the applications until the executed contract is recorded in the real property records of the County and filed in the County records. Such contracts shall be enforceable against the signing parties, their beneficiaries, successors, and assigns by the City by appropriate action in law or suit in equity for the benefit of public health, safety, and welfare.

D.    A performance bond or other type of surety in a form acceptable to the Director, or upon appeal or review by the appropriate approval authority, or a cash deposit from the property owners or contract purchases in such an amount as will assure compliance with the conditions imposed pursuant to this section may be required. Such bond, surety, or deposit shall be posted prior to the issuance of a building permit for the use covered by the application.

E.    The hearings authority may, after a hearing conducted pursuant to this chapter, modify or revoke any approval granted pursuant to this chapter for any of the following reasons:

1.    A material misrepresentation or mistake of fact made by the applicant in the application or in testimony and evidence submitted, whether such misrepresentation be intentional or unintentional; or

2.    A failure to comply with the terms and conditions of approval; or

3.    A failure to use the premises in accordance with the terms of the approval; or

4.    A material misrepresentation or mistake of fact or policy by City in the written or oral report regarding the matter, whether such misrepresentation be intentional or unintentional.

F.    In the event that a revocation hearing is deemed appropriate, per subsection A of this section, the hearing shall be conducted by the decision-making authority that granted the final City approval. The Planning Director or the approval authority with jurisdiction may initiate revocation proceedings. For the Planning Director’s decisions made without a public hearing, the Planning Commission shall hold a public hearing on the proposed revocation. (Ord. 1474, 2001; Ord. 1568, 2008; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1745 § 1 (Exh. A), 2023)