17.09.030 Administrative actions.
A. The Director has the authority to review and approve, approve with conditions, or deny applications processed as administrative actions.
B. Option to Process as Quasi-judicial Action. At the discretion of the Director or the request of the applicant, an administrative action may be processed as a quasi-judicial action, per the provisions of Quasi-Judicial Actions of this Chapter.
C. Decision Types. Administrative actions include limited land use decisions and may include land use decisions that are made by the Director without a hearing. Administrative actions include, but are not limited to, the following:
1. Site Plan Review
2. Partition
3. Extensions of time limits for approved Administrative and Quasi-judicial actions
4. Minor amendments to subdivisions and partitions
5. Minor historic alterations
6. Interpretation of nonconforming use and structures (Chapter 17.05)
7. Bed and breakfast facilities
8. Change of use
9. Annexations
10. Written interpretations made under Section 17.01.040
D. Pre-Application Conference. A pre-application conference may be required at the Director’s discretion prior to filing an application for an administrative action. Pre-application conference requirements and procedures are found in Section 17.09.120 of this Chapter.
E. Applications. An application for an administrative action shall be submitted by the owner of the subject property, or shall be accompanied by the owner’s written authorization, on a form provided by the City and shall
1. Include the information requested on the application form
2. Address the criteria in sufficient detail for review and action; and
3. Be accompanied by the required filing fee.
F. Notice of Application.
1. Within ten (10) days after receipt of a complete application for administrative action, notice of the request shall be mailed to:
a. The applicant and owners of property within 250 feet of the subject property. The list shall be completed from the most recent property tax assessment roll.
b. Any affected governmental agency, department, or public district within, or adjacent to, whose boundaries the subject property lies. For subject sites located adjacent to a state roadway or where proposals may have an impact on a state facility, notice of the application shall be sent to ODOT.
2. The notice shall:
a. Briefly explain the nature of the application and the proposed use or uses which could be authorized.
b. Set forth the street address or other easily understood geographical reference to the subject property.
c. Provide a fourteen (14) day comment period, from the day notice was mailed, for submission of written comments prior to the decision.
d. State that failure to raise an issue in writing within the comment period, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, precludes appeal to the Council or LUBA on that issue.
e. List, by commonly used citation, the applicable criteria for the decision.
f. State the place, date, and time that comments are due.
g. State that the application, all documents, and evidence relied upon by the applicant, and all applicable criteria are available for inspection at no cost and copies will be provided at a reasonable cost.
h. Include the name and telephone number of the planning staff to contact for additional information.
i. Briefly summarize the decision making process for the decision being made.
3. The failure of a property owner to receive notice as provided in this Section shall not invalidate the proceedings if the Department can show that the notice was given pursuant to this section.
4. Administrative site plan review applications, excluding change of use applications, will require an additional noticing requirement. The notice of application shall be published one (1) time in the local newspaper of record.
G. Findings and Decision. Administrative actions shall be approved, approved with conditions, or denied in a written decision signed by the Director that includes
1. An explanation of the criteria and standards considered relevant to the decision;
2. A statement of basic facts relied upon in rendering the decision; and
3. Findings that explain and justify the reason for the decision based on the criteria, standards, and basic facts set forth.
H. Final Decision. An administrative decision is final for purposes of appeal on the date the Notice of Decision is mailed by the City. An administrative decision becomes effective the day after the twelve (12) day appeal period expires.
I. Notice of Decision. Decision notice shall be provided to the applicant, any party of record, the Planning Commission, and any person entitled to notice within five (5) working days of date the decision is signed. The decision notice shall include
1. A brief summary of the decision and the decision making process; and
2. An explanation of appeal rights and requirements.
J. Appeal. Administrative actions may be appealed to the Planning Commission, per the provisions of the Appeal Procedures within this Chapter, within twelve (12) days of the date the decision became final. A Commission decision on appeal may be further appealed to the City Council per the provisions of Appeal Procedures, within twelve (12) days of the date the Commission’s appeal decision became final.