Chapter 17.48
ADMINISTRATIVE PROVISIONS
Sections:
17.48.020 Building permit required.
17.48.030 Form of petitions, applications and appeals.
17.48.040 Administrative review process.
17.48.060 Authorization of similar uses.
17.48.070 Appeal from decision of the city staff.
17.48.080 Appeal of decisions of the planning commission.
17.48.010 Administration.
The city recorder is appointed by the city council and shall have the power and duty to enforce the provisions of this title. An appeal from a ruling by the city recorder regarding a requirement of the ordinance may be made only to the planning commission as outlined in CMC 17.48.070. [Ord. 01-02 § 2 (Exh. 2 § 8.1), 2001.]
17.48.020 Building permit required.
Prior to the erection, movement, reconstruction, extension, enlargement, or alteration of any structure, a permit for such erection, movement, reconstruction, extension, enlargement, or alteration shall be obtained from the city recorder. The applicant shall pay a fee as established by city ordinance at the time the application is filed. [Ord. 01-02 § 2 (Exh. 2 § 8.2), 2001.]
17.48.030 Form of petitions, applications and appeals.
All petitions, applications, and appeals provided for in this title shall be made on the forms provided by city recorder. [Ord. 01-02 § 2 (Exh. 2 § 8.3), 2001.]
17.48.040 Administrative review process.
A. The purpose of this section is to provide an administrative review process for the review and approval of land use activities, such as plan review, which are not required to proceed through a public hearing process.
B. Submittal. At least 10 copies of the proposed site plan, landscaping plan, and grading and drainage plan, if required, shall be submitted to the city recorder’s office, along with a completed application form.
C. Notice of Application.
1. Within 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 100 feet of the subject property. The list shall be compiled from the most recent property tax assessment roll.
b. Any affected governmental agency, department, or public district within whose boundaries the subject property lies.
2. The notice provided by the department shall:
a. 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 10-day comment period, from the day notice 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 commission 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 a copy of the application, all documents and evidence relied upon by the applicant, and all applicable criteria are available for inspection at no cost and will be provided at a reasonable cost.
h. Include the name and telephone number of the director to contact for additional information.
3. The failure of a property owner to receive notice as provided in this section shall not invalidate such proceedings if the department can show that such notice was given.
D. Time Limits. All applications processed as administrative actions shall be approved, approved with conditions, denied, or postponed with consent of the applicant within 45 days after the filing of a complete application.
E. Staff Report. Administrative decisions shall be signed by the director, and based upon and accompanied by a staff report 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.
3. Findings which explain and justify the reason for the decision based on the criteria, standards, and basic facts set forth.
F. Final Decision. The approval, approval with conditions, or denial of an administrative action shall be the city’s final decision.
G. Notice of Decision. Decision notice shall be provided to the applicant, the commission, and any party of record. The decision notice shall include:
1. A brief summary of the decision and the decision making process.
2. An explanation of appeal rights and requirements.
H. Effective Date of Decision. A final decision on administrative actions is effective on the date notice of the decision is mailed to the applicant and parties of record.
I. Appeal. Administrative actions may be appealed to the planning commission, per the provisions of CMC 17.48.070. [Ord. 01-02 § 2 (Exh. 2 § 8.4), 2001.]
17.48.050 Public hearings.
A. Each notice of hearing authorized by this title shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of hearing.
B. In addition, a notice of hearing on a conditional use, a variance, or an amendment to a zone boundary shall be mailed to owners of property within 250 feet of the property for which the variance, conditional use or zone boundary amendment has been requested. The notice of hearing shall be mailed at least 10 days prior to the date of the hearing.
Said notice shall:
1. Explain the nature of the application and the proposed use or uses which could be authorized, ORS 197.763(3)(a).
2. List the applicable criteria from the ordinance and the plan that apply to the application, ORS 197.763(3)(b).
3. Set forth the street address or other easily understood geographical reference to the subject property, ORS 197.763(3)(c).
4. State the date, time, and location of the hearing, ORS 197.763(3)(d).
5. State that failure to raise an issue by the close of the record at or following the final evidentiary hearing, in person or by letter, precludes appeal to the Land Use Board of Appeals (LUBA) based on that issue, ORS 197.763(3)(3) and ORS 197.763(1)(1).
6. State that failure to provide sufficient specificity to afford the decision maker an opportunity to respond to an issue that is raised precludes appeal to LUBA based on that issue, ORS 197.763(3)(e).
7. Include the name of a local government representative to contact and a telephone number where additional information may be obtained, ORS 197.763(3)(9).
8. State that a copy of (a) the application, (b) all documents and evidence relied upon by the applicant, and (c) applicable criteria are available for inspection at no cost and will be provided at reasonable cost, ORS 197.763(3)(h).
9. State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost, ORS 197.763(3)(i).
10. Include a general explanation of the requirements for submission of testimony and the procedure for the conduct of hearings, ORS 197.763(3)(j).
11. If a proposed zone boundary amendment has been initiated by the city and is declared by the city to be a major reclassification, the mailing of individual notice is not required but such additional means of informing the public as may be specified by the council shall be observed. [Ord. 01-02 § 2 (Exh. 2 § 8.5), 2001.]
17.48.060 Authorization of similar uses.
The planning commission may permit, by following the procedures outlined in Chapter 17.32 CMC, in a particular zone, a use not listed in this title, provided the use is of the same general type as the uses permitted there by this title. However, this section does not authorize the inclusion in a zone where it is not listed of a use specifically listed in another zone or which is of the same general type and is similar to a use specifically listed in another zone. [Ord. 01-02 § 2 (Exh. 2 § 8.6), 2001.]
17.48.070 Appeal from decision of the city staff.
A. An appeal from a decision of the city staff may be filed with the city recorder.
B. An appeal from a decision of the city staff may only be initiated by filing a notice of intent to appeal.
C. The decision of the city staff shall be final, unless a written notice of intent to appeal is filed with the city recorder within 15 days of the date of the decision.
D. The notice of intent to appeal shall contain a copy of the application for the permit and a copy of the city staff’s decision.
E. The notice of intent to appeal shall state the specific issues which are the basis for the appeal and the specific reasons the appellant contends the decision of the city staff is not in conformance with the applicable criteria and standards set forth in this title.
F. A notice of intent to appeal shall be accompanied by the required fee as set by city council resolution.
G. An appeal of a decision of the city planner shall be heard by the planning commission following the procedures of CMC 17.48.050, Public hearings. [Ord. 01-02 § 2 (Exh. 2 § 8.7), 2001.]
17.48.080 Appeal of decisions of the planning commission.
A. The applicant, or any person who provided testimony, either in person or in writing, at the hearing before the planning commission, may appeal the decision of the planning commission to the city council.
B. The appeal of a decision of the planning commission may only be initialized by filing a notice of intent of appeal, as set forth in this section.
C. The decision of the planning commission shall be final, unless a written notice of intent of appeal is filed with the city recorder within 15 days from the date it was signed by the chair, unless the city council, on its own motion, orders a review of the decision within 15 days of the date of the recorded decision.
D. Every notice of intent appeal shall contain:
1. A copy of the application or adequate reference to the matter sought to be appealed and the date of the decision of the planning commission;
2. Statement that the appellant either participated in the hearing in person or in writing or that the appellant is the applicant;
3. The specific issues which are the basis for the appeal and the specific reasons the appellant contends the decision of the hearing body is not in conformance with the comprehensive plan, zoning ordinance, subdivision or Oregon Revised Statutes. Such issues shall be raised with sufficient specificity so as to afford the city council an adequate opportunity to respond to each issue;
4. The required fee as set in this title.
5. Hearings before the city council shall be conducted in compliance with CMC 17.48.050, Public hearings.
E. The city council’s consideration of the planning commission’s decision may be confined to the record of the proceeding before the planning commission, or, the council may hear the material de novo. The record shall include:
1. All materials, memoranda, stipulations, exhibits and motions submitted during the proceeding and received or considered by the planning commission;
2. All materials submitted by the city staff with respect to the application;
3. The minutes of the hearing before the planning commission;
4. The written decision of the planning commission;
5. The notice of intent to appeal;
6. Oral and written argument, if any, by the hearing participants, their legal representatives or city staff, made at the time of the hearing before the city council.
F. The city council may affirm, reverse or modify the action of the planning commission in full or in part. The city council may also remand the matter back to the planning commission for further consideration.
G. The city council shall adopt a written decision that clearly states the basis for its decision within 30 days of the close of the hearing. When an application is approved, the term of approval shall be specified, including any restrictions and conditions. A proposed decision submitted by the city staff or any other person may be adopted by the city council as submitted, or as amended by the city council. [Ord. 01-02 § 2 (Exh. 2 § 8.8), 2001.]
17.48.090 Resubmittal.
If a request is denied by the city staff or hearing body and no appeal is filed, or if upon review or appeal the denial is affirmed, no new request for the same or substantially similar proposal shall be filed within six months after the date of final denial. An application may be denied without prejudice and a waiver of the six-month restriction granted. If conditions have changed to an extent that further consideration of an application is warranted, the hearing body, on its own motion, may consider new evidence and waive the six-month restriction. [Ord. 01-02 § 2 (Exh. 2 § 8.9), 2001.]
17.48.100 Filing fees.
A. Filing fees shall be established by city council resolution.
B. The city of Culver, like many cities in Oregon, is faced with a severely reduced budget for the administration of the city’s ordinances. The land use planning process in the state of Oregon has become increasingly complex. To properly process a land use application, the city must rely upon professional consultants to assist in preparing the legal notices, conducting on-site inspections, preparation of staff reports and, in some cases, actual attendance at the planning commission and/or city council meeting. The city utilizes a consultant to ensure land use applications are processed fairly and promptly. Because of the reduced budgets, the city finds it necessary to transfer those administrative costs to the applicant, as a part of the land use planning process. [Ord. 01-02 § 2 (Exh. 2 § 8.10), 2001.]