Chapter 17.76
ADMINISTRATIVE PROVISIONS
Sections:
17.76.010 Application information and procedures.
17.76.020 Public notice.
17.76.030 Quasi-judicial public hearing procedure and requirements.
17.76.040 Appeals.
17.76.050 Final action on application for permit or zone change request.
17.76.060 Filing fees.
17.76.010 Application information and procedures.
A. An application for a land use action or permit shall consist of:
1. A complete application form and all supporting documents and evidence;
2. Proof that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has the consent of all parties in ownership of the affected property;
3. A description of the property affected by the application and, in the case of a quasi-judicial map amendment, a legal description.
B. All documents or evidence relied on by the applicant shall be made available to the public.
C. If an application for a permit or zone change is incomplete, the city shall notify the applicant of exactly what information is missing within 30 days of the receipt of the application. The notification shall give the applicant a deadline by which to submit missing information, after which the city will deem the application complete and proceed with its consideration. The application shall be deemed complete upon expiration of the 30-day period, if no notification of missing information is given, or, if notification of missing information is given, upon receipt of the missing information or expiration of the deadline for submitting the missing information, whichever occurs first. If the application was complete when first submitted or the applicant submits the missing information within 180 days of the date the application was first submitted, approval or denial of the application shall be based on the standards and criteria of the comprehensive plan and this title that were applicable at the time the application was first submitted. In all other cases, approval or denial shall be based on the standards and criteria applicable at the time of final action on the application.
D. Where a proposed development requires more than one development permit or zone change request from the city, the applicant may request that the city consider all necessary permit and zone change requests in a consolidated manner. If the applicant requests that the city consolidate its review of the development proposal, all necessary public hearings before the planning commission shall be held on the same date. If the applicant’s request includes a request for a comprehensive plan amendment, the applicant shall be required to waive in writing the 120-day requirement set out in LCMC 17.76.050(A) as a condition to consolidated treatment.
E. In the case of an application for a planning commission resolution, under LCMC 17.52.050, that a use is included among the allowed uses in a zoning district, if the application so requests, the department shall provide notice of the decision on the application in accord with the provisions of LCMC 17.76.020(A) and (B)(1) governing notice of administrative actions, which decision thereafter shall be directly appealable to the land use board of appeals in accordance with ORS 197.830 and 227.175(12).
F. If an application for a land use action or permit is denied, the applicant thereafter may submit a single supplemental application for any or all other uses allowed under the comprehensive plan and this title in the zone in which the site that is the subject of the application is, or on rezoning would be, located. The supplemental application shall include a request for any rezoning or variance that may be required in order to obtain approval of a permit under the comprehensive plan and this title. The supplemental application shall be subject to the same procedures as any other application for a land use action or permit, except that the time within which the city must take final action shall be 240 days rather than the 120 days set out in LCMC 17.76.050(A).
G. Except as otherwise provided in this section:
1. If the land use board of appeals issues a final order remanding to the city a city decision on an application for a land use action or permit, and if no petition for judicial review of the LUBA final order is timely filed, then the city shall take final action on the remanded application within 111 days after LUBA delivered or mailed its final order; and
2. If LUBA issues a final order remanding to the city a city decision on an application for a land use action or permit, if a petition for judicial review is timely filed, and if the final resolution of the judicial review affirms LUBA remand, then the city shall take final action on the remanded application within 90 days after the resolution of the judicial review becomes final.
The commencement of the 111- and 90-day periods set out in this subsection shall be automatically deferred until the applicant delivers to the department a written request that the city proceed with the application on remand. The 111- and 90-day periods set out in this subsection may be extended by the director, at the director’s discretion, for a reasonable period of time on receipt of a written request from the applicant. The 111- and 90-day requirements set out in this subsection shall not apply to remand proceedings concerning amendments to the city’s comprehensive plan or land use regulations or the adoption of new land use regulations that were forwarded to the Director of the Department of Land Conservation and Development under ORS 197.610.
H. Any staff report used at the hearing shall be available at least seven days prior to the hearing. (Ord. 2000-06-A §§ 9 – 12; Ord. 91-18 § 6; Ord. 84-2 § 9.010)
17.76.020 Public notice.
A. Content of Mailed and Published Notice. A notice of a public hearing or an administrative action shall contain the following information:
1. The name of the applicant;
2. In the case of a public hearing, the date, time and place of hearing, and who is holding the public hearing;
3. The street address or other easily understood geographical reference to the subject property;
4. The nature of the application and, in the case of a public hearing, the proposed use or uses which could be authorized and, in the case of an administrative action, the proposed use or uses which have been authorized;
5. A list of the applicable criteria from this title and the comprehensive plan that apply to the application at issue;
6. In the case of a public hearing, a statement that a failure to raise an issue in person or by letter not later than the close of the record following the evidentiary hearing, or failing to provide accompanying statements of evidence sufficient to afford the decision-making body an adequate opportunity to respond to the issue will preclude an appeal to the land use board of appeals on that issue;
7. The name of the city representative to contact and the telephone number where additional information may be obtained;
8. A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria and, in the case of an administrative action, a copy of the administrative action are available for inspection at no cost and will be provided at reasonable cost;
9. In the case of a public hearing, a statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost;
10. In the case of a public hearing, a general explanation of the requirements for submission of testimony and the procedure for conducting hearings;
11. In the case of an administrative action, statements that:
a. Any person who is adversely affected or aggrieved or who is entitled to written notice under subsection (B) of this section may appeal the decision by filing a written appeal to the planning commission in the manner and within the time period provided in LCMC 17.76.040(A);
b. The administrative action will not become final until the period for filing an appeal to the planning commission has expired; and
c. A person who is mailed written notice of the administrative action cannot appeal the action directly to the land use board of appeals under ORS 197.830.
B. Mailed Notice.
1. The city shall mail notice of hearings or actions requiring notice pursuant to the provisions of this title to the applicant and to owners of record of property located within 250 feet from the exterior boundary of the subject property, and also to any neighborhood or community organization recognized as such by the city council, whose boundaries include the subject property. The city shall mail notice at least 20 days before the hearing for applications for conditional uses, variances and discretionary land use decisions made by staff and the appeals therefrom, and at least 10 days before the hearing for applications for quasi-judicial text or map amendments to this title, and quasi-judicial comprehensive plan map amendments. In addition, if so requested in the application, the city also shall mail notice to the Oregon Department of Land Conservation and Development. For the purpose of this section, the “owners of record” is defined as property owners at mailing addresses verified in writing by the Lincoln County assessor’s office, and includes changes in ownership and mailing address that are readily available since the most recent property tax assessment.
2. If an application would change the zone of property which includes all or part of a mobile home or manufactured dwelling park as defined in ORS 446.003, the city shall give written notice by first class mail to each existing mailing address for tenants of the park at least 20 but not more than 40 days before the date of the first evidentiary hearing on the application. Failure of a tenant to receive a notice shall not invalidate the zone change.
3. The city shall mail notice of an appeal from a planning commission decision to all persons who gave testimony before the planning commission orally or in writing.
4. Failure of a property owner, neighborhood or community association, or DLCD to receive required notice shall not invalidate such proceedings, if the city can demonstrate by affidavit that such notice was given.
C. Published Notice. Notice shall be given for text or map amendments to this title and comprehensive plan by publication in a newspaper of general circulation in the city at least 10 days before the date of the public hearing.
D. Change in Nature of Decision. In a proceeding for which notice is provided under this section, the city shall not make a final decision that is different from the proposal described in the notice to such a degree that the notice did not reasonably describe the city’s final action.
E. Notice of Zone Change or Limitation or Prohibition of Use. Except as to cases described in subsection (F) of this section, at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof or this title in a manner that would change, or require a change in, the base zone of property or limit or prohibit, or require a limitation or prohibition of, land uses previously allowed in the affected zone, a written individual notice of the land use change shall be mailed by first class or bulk mail to the owner of each lot that the ordinance proposes to so affect, as shown on the most recent property tax assessment roll. The notice shall contain substantially the following statement in bold-faced type, extending from the left-hand margin to the right-hand margin across the top of the face page of the notice:
This is to notify you that Lincoln City is considering a land use regulation that will affect the permissible uses of your land.
The notice also shall contain substantially the following statement in the body of the notice:
On _________________, Lincoln City will hold a hearing on the adoption of a proposed ordinance. The City has determined that adoption of the ordinance will affect the permissible uses of your property and may reduce the value of your property. The ordinance is available for inspection at the Department of Planning and Community Development at Lincoln City’s City Hall, located at 801 SW Highway 101, Lincoln City, Oregon 97367. A copy of the ordinance also is available for purchase at a cost of $________. For additional information concerning the ordinance, you may call the Department at _______________.
The notice also shall describe in detail how the proposed ordinance would affect the use of the property.
F. At least 30 days prior to the amendment of the comprehensive plan or this title pursuant to a requirement of periodic review of the comprehensive plan, in a manner that would change the base zone of property or limit or prohibit land uses previously allowed in the affected zone, a written individual notice of the land use change shall be mailed by first class or bulk mail to the owner of each lot that the ordinance proposes to so affect, as shown on the most recent property tax assessment roll. The notice shall contain substantially the following statement in bold-faced type, extending from the left-hand margin to the right-hand margin across the top of the face page of the notice:
This is to notify you that Lincoln City is considering a land use regulation that will affect the permissible uses of your land.
The notice also shall contain substantially the following statement in the body of the notice:
As a result of an order of the Oregon Land Conservation and Development Commission, Lincoln City is considering a proposed ordinance. Lincoln City has determined that the adoption of the ordinance will affect the permissible uses of your property and may reduce the value of your property. The ordinance, if adopted, will become effective on or about _________________. The ordinance is available for inspection at the Department of Planning and Community Development at Lincoln City’s City Hall, located at 801 SW Highway 101, Lincoln City, Oregon 97367. A copy of the ordinance also is available for purchase at a cost of $________. For additional information concerning the ordinance, you may call the Department at _______________.
The notice also shall describe in detail how the proposed ordinance would affect the use of the property. (Ord. 2011-10 § 1; Ord. 2000-06-A § 13; Ord. 91-18 § 6; Ord. 84-2 § 9.020)
17.76.030 Quasi-judicial public hearing procedure and requirements.
A. The following procedural entitlements shall be provided at the public hearing:
1. An impartial review as free from potential conflicts of interest and ex parte contact as is reasonably possible;
2. No member of a hearing body (planning commission or city council) shall participate in a discussion of the proposal or vote on the proposal when any of the following conditions exist:
a. Any of the following have a direct or substantial financial interest in the proposal: the hearing body member or the member’s spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment, or any business with which the member is in direct competition, where the number of similar businesses is five or less,
b. The member has a direct private interest in the proposal,
c. For any other valid reason, the member has determined that participation in the hearing and decision cannot be in an impartial manner;
3. Body members shall reveal any ex parte contacts with regard to any matter and shall state the parties’ right to rebut the substance of the communication at the commencement of the first public hearing following the prehearing or ex parte contact where action will be considered or taken on the matter. If such contacts have not impaired the member’s impartiality or ability to vote on the matter, the member shall so state and shall participate in the public hearing. If the member determines that such contact has affected his impartiality or ability to vote on the matter, the member shall remove himself from the deliberations;
4. A party to a hearing, 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 regarding the matter. The challenge shall state the facts relied upon by the challenger relating to a person’s bias, prejudgment, personal interest, ex parte contact or other facts from which the challenger has concluded that the member of the hearing body cannot participate in an impartial manner. The hearing body shall deliberate and vote on such a challenge. The person who is the subject of the challenge may not vote on the motion;
5. No officer or employee of the city who has a financial or other private interest in a proposal shall participate in discussion with or give an official opinion to the hearing body on the proposal without first declaring for the record the nature and extent of each interest;
6. A reasonable opportunity for those persons potentially affected by the proposal to present evidence;
7. A reasonable opportunity for rebuttal or new material.
B. Rights of Disqualified Member of the Hearing Body.
1. An abstaining or disqualified member of the hearing body may be counted for purposes of forming a quorum. A member who represents his or her own personal interests at a hearing may do so only by abstaining from voting on the proposal, physically joining the audience and vacating the seat on the hearing body, and making full disclosure of his or her status and position at the time of addressing the hearing body.
2. Except for hearings on legislative actions conducted by the governing body, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member has reviewed the record and evidence received at the prior hearing(s).
C. Burden and Nature of Proof. The burden of proof is upon the proponent. The proposal must be supported by proof that it conforms to the applicable provisions of this title, especially the specific criteria set forth for the particular type of decision under consideration.
D. Nature of Proceedings. An order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.
1. Before receiving testimony on the issue, the following shall be addressed:
a. Any objections on jurisdictional grounds shall be noted in the record and if there is objection, the person presiding has the discretion to proceed or terminate.
b. Any abstentions or disqualification based on conflict of interest, personal bias, or ex parte contacts shall be determined. If ex parte contacts are reported by any commission member, the member shall state the content of the communication. Thereafter, the chairperson of the commission shall state that the parties have the right to rebut the substance of the ex parte communication. Communications with city staff are not to be considered as ex parte communications.
c. A statement by the chairperson presiding that:
i. States that testimony, arguments, and evidence must be directed toward the applicable criteria or other criteria in the comprehensive plan or this title which the person believes apply to the decision;
ii. States that failure to raise an issue accompanied by statements or evidence sufficient to afford the hearing body an opportunity to respond to the issue will preclude an appeal to the land use board of appeals based on that issue;
iii. States that failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the city to respond to the issues will preclude an action for damages in the circuit court.
2. Presentations and Evidence.
a. The presiding officer shall preserve order at the public hearing and shall decide questions of order.
b. Members of the hearing body may take official notice of judicially cognizable facts of a general, technical or scientific nature. Such notice shall be stated and may be rebutted.
c. After presentation of the staff report, the proponent and all persons in favor of proponent’s proposal shall be heard. Following the presentation of proponent’s case, the opponents shall be heard. After presentation of the evidence by the opponents, neutral parties who do not necessarily support or oppose the petition shall have an opportunity to be heard, and then representatives of public agencies. Following all presentations of evidence, brief rebuttal shall be permitted in the same general order, but the presiding officer shall have broad discretion to limit rebuttal to avoid repetition and redundancy.
3. The hearing body may continue a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. The time and date when the hearing is to resume may be announced.
4. Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments, or testimony regarding the application. The hearing body shall grant such request by either continuing the hearing or leaving the record open for additional written evidence, arguments, or testimony.
a. If the hearing body grants a continuance, the hearing shall be continued to a date, time, and place at least seven days from the initial evidentiary 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. The hearing body may grant or deny such a request, at its discretion.
b. If the hearing body leaves the record open for additional written evidence, arguments, or testimony, the record shall be left open for at least seven days. If new evidence is submitted during the period the record is left open, any participant, within two working days after the period terminates, may file a written request with the department for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the record shall be reopened for an additional five days to allow the participant to raise new issues in response to the new evidence.
5. When the hearing body reopens a record to admit new evidence, arguments or testimony, any person may raise new issues related to the new evidence, arguments, testimony, or criteria for decision making that apply to the matter at issue.
6. Unless waived by the applicant, the hearing body shall allow the applicant 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 part of the record. The applicant’s final submittal shall not include any new evidence and, if it does include new evidence, the new evidence shall be considered not part of the record and shall be disregarded.
7. Notwithstanding the provisions of subsections (D)(3), (4) and (5) of this section, the hearing body shall not continue a hearing, leave a record open for the submittal of additional written evidence, arguments, or testimony, or reopen a record, if the continuance, leaving open, or reopening will result in the city’s not taking final action on an application within the time period set out in LCMC 17.76.050(A).
E. Decision. Following the procedure described in this section, the hearing body shall approve, approve with conditions, or deny the application. If the hearing is before the planning commission on a zoning map or text amendment, the planning commission shall make a recommendation to council to adopt or deny the change. Such recommendation will be reflected in the minutes of the planning commission. If the hearing is in the nature of an appeal, the body may affirm, affirm with modifications or additional conditions, reverse, or remand the decision that is on appeal. The hearing body shall not impose conditions of approval that have not been stated, either prior to the close of the hearing or prior to the close of a reopened hearing, with sufficient specificity to allow the applicant to respond to the conditions.
1. The decision of the hearing body, which has the authority to approve the application or decide the appeal, shall be by a written order signed by the presiding officer.
2. The order shall incorporate findings of fact and conclusions that include:
a. A statement of the applicable criteria and standards against which the proposal was tested;
b. A statement of the facts upon which the hearing body relied in establishing compliance or noncompliance with each applicable criteria or standards, briefly stating how those facts support the decision.
3. The written order is the final decision in the matter.
F. Record of Proceedings. The proceedings shall be recorded stenographically or electronically.
1. The hearing body shall, where practicable, retain as part of the hearing records each item of physical or documentary evidence presented and shall have the items marked to show the identity of the person offering the same and whether presented on behalf of a proponent or opponent. Exhibits received into evidence shall be retained in the hearing file.
2. The findings shall be included in the record.
3. A person shall have access to the record of proceedings at reasonable times, places and circumstances. A person shall be entitled copies of the record at the person’s own expense.
G. Notice of Decision. Notice of decision by a hearing body shall be provided to all persons who appeared before the hearing body orally or in writing, or requested in writing that they be given notice of such decisions. The act of signing a petition shall not be deemed a written appearance before the hearing body and shall not confer party status on the signator. Only the representative submitting the petition or chief petitioner shall be given notice of the decision. The notice of the decision shall include:
1. A brief description of the decisions reached and date of decision;
2. A description of the requirements for an appeal, including the type of appeal that may be requested, and the applicable timelines;
3. A statement that an appeal may only be filed concerning criteria that were addressed at the initial public hearing;
4. A statement that the complete case, including the final order, is available for review at the city. (Ord. 2000-06-A §§ 14 – 18; Ord. 91-18 § 6; Ord. 84-2 § 9.030)
17.76.040 Appeals.
A. Decision of Planning Director. A decision of the planning director on the issuance of an administrative permit or discretionary action concerning a land use matter may be appealed to the planning commission by an affected party entitled to notice of decision by filing an appeal with the planning and community development director within 12 days of the mailing of the decision. The notice of appeal that is filed with the city shall indicate the decision that is being appealed and the basis for the appeal. The notice shall indicate in what respects the decision being appealed is a discretionary decision involving a land use matter. The matter at issue will be a determination of the appropriateness of the director’s interpretation of the requirements of this title. Notice of the hearing shall be mailed as provided in LCMC 17.76.020(B)(1).
B. Decision of Planning Commission. A decision of the planning commission concerning a quasi-judicial land use matter may be appealed to the city council by a party to the hearing by filing an appeal within 10 calendar days of the mailing of the order. The notice of appeal filed with the city shall contain the information outlined in subsection (C) of this section. For purposes of this section, “party” refers to the applicant and any person who appeared orally or in writing at the hearing.
The city council may by motion call up a decision of the planning commission on a quasi-judicial land use application, review of which shall be in the form of an appeal reviewed de novo or on the record as the council determines appropriate. The motion shall set the date, time, and place of hearing.
C. Information Required. A request for appeal of a planning commission decision shall contain:
1. An identification of the decision sought to be reviewed, including the date of the decision;
2. A statement of interest of the person seeking review including that the person was a party to the initial proceedings and appeared orally or in writing before the planning commission;
3. The specific grounds relied upon for the review, including a statement that the criteria against which review is being requested were addressed at the planning commission hearing.
D. Review.
1. Except as provided in subsections (D)(6) and (7) of this section, city council review is limited to the evidence in the record before the hearing body. If an appeal is confined to the record of the proceeding, the record shall include:
a. All exhibits, materials, pleadings, memoranda, stipulations and motions submitted by a party and received or considered in reaching the decision under review;
b. The final order and findings of fact adopted in support of the decision being appealed;
c. The request for an appeal filed by the appellant;
d. The minutes of the public hearing;
e. The transcript of the hearing below if provided. A verbatim transcript of the hearing body proceedings is not required. Any person who appeared before the hearing body on the application may prepare a certified verbatim transcript of all or part of the hearing body proceedings at that person’s own expense. The city manager may prepare a certified verbatim transcript of all or part of the hearing body’s proceedings at the city’s expense if the city manager deems a transcript necessary or advisable. A certified transcript prepared under this subsection shall be considered part of the record and if offered shall be accepted into evidence and considered by the city council.
2. After receipt of all required fees the director shall set a hearing and provide public notice indicating the date, time and place of the review and the issues that are the subject of the review pursuant to LCMC 17.76.020(B)(1).
3. The reviewing body shall make its decision based upon the record after first granting the right of argument, but not the introduction of additional evidence, to parties to the hearing.
4. In considering the appeal, the reviewing body need only consider those matters specifically raised by the appellant.
5. The appellant shall bear the burden of proof.
6. Submission of New Evidence. The city council may reopen the record and consider new evidence if such a request is made prior to or at the city council hearing by the appellant or any person who testified before the hearing body, and the requesting party demonstrates:
a. The hearing body committed a procedural error that prejudiced the requesting party’s substantial rights and that reopening the record is the only alternative to remanding the application to the hearing body to correct the error; or
b. That new evidence material to the decision on appeal exists and could not have been presented earlier to the hearing body. A requesting party may only qualify for this exception if the person demonstrates that the new evidence concerns an unanticipated event which occurred after the close of the hearing before the hearing body. This exception shall be strictly construed by the city council to ensure that all relevant evidence and testimony is submitted to the hearing body.
7. De Novo Hearing. In deciding whether to conduct de novo proceedings on an appeal, the city council shall consider the following: the matter involves an interpretation of city ordinance; there is new information that was not available at the time the hearing was conducted as demonstrated in subsection (D)(6)(b) of this section; or for any other reason the city council determines it would be appropriate to conduct a de novo hearing.
E. Review Body Decision.
1. Upon review, the reviewing body may affirm, reverse or modify the decision of the lower body or staff. The hearing body may also remand the decision of the lower body or staff, with instructions.
2. Notice of the reviewing body decision shall be provided to all parties to the hearing, within five working days of the date of the final decision. The notice of the decision shall include:
a. A brief description of the decision reached, and a copy of the final order;
b. If the reviewing body is the planning commission, a statement that the decision may be appealed to the city council on the record, by filing an appeal within 10 calendar days of the date that the final order was mailed;
c. If the reviewing body is the city council, a statement that the decision may be appealed to the land use board of appeals by filing a notice of intent to appeal within 21 days of the date that the final order was mailed;
d. A statement that the complete case is available for review at the city. (Ord. 2008-01 § 2; Ord. 2000-06-A § 19; Ord. 91-18 § 6; Ord. 84-2 § 9.040)
17.76.050 Final action on application for permit or zone change request.
A. The city shall take final action on an application for a permit or zone change, including the resolution of all appeals, within 120 days after the application is deemed complete. The 120-day period does not apply to an amendment to the comprehensive plan or zoning ordinance, or the adoption of a new land use regulation, notice of which was forwarded to the director of the Department of Land Conservation and Development under LCMC 17.88.065. At the request of the applicant, the 120-day period may be extended for a reasonable period of time by the director, at the director’s discretion. In addition, the 120-day period shall be extended by an amount of time equal to the length of any continuance or extension of the time for closing the hearing record or of any period during which the hearing record has been reopened, requested or agreed to by the applicant, and by an additional seven days unless the applicant waives in writing the applicant’s right to submit final written arguments in support of the application following closing of the record.
B. If the planning commission fails to take action on a quasi-judicial land use matter within 30 days of the close of the public hearing, any party who appeared before the planning commission either orally or in writing may seek review of the matter by the city council on the record. Such review shall be as if on appeal, and all provisions of this title applicable to appeals of planning commission decisions to city council shall apply.
C. If the city has insufficient time to conduct a hearing before the planning commission and allow for appeal of the decision, if required, to city council, the city council on its own motion may call up the matter for hearing prior to hearing by the planning commission. In such a case, the city council shall conduct an evidentiary hearing on the application and make a final decision within the time allowed by law.
D. If the city fails to take final action on an application for a permit or zone change within the time period set out in subsection (A) of this section, and the applicant files a petition for a writ of mandamus under ORS 227.160 through 227.185, then the city thereafter shall take no further action on the application under the provisions of this chapter. (Ord. 2008-01 § 2; Ord. 2000-06-A § 20; Ord. 91-18 § 6; Ord. 84-2 § 9.050)
17.76.060 Filing fees.
A. Permit Fees. A schedule of permit fees shall be established by resolution of the city council and paid to the city upon the filing of an application. Such fees shall not be refundable. The failure to submit a required fee with an application, including return of checks unpaid, or other failure of consideration, shall be a jurisdictional defect and the permit application shall not be processed.
B. Appeal Filing Fees. A filing fee shall be required for the processing of an appeal and shall be in an amount set by resolution of the city council. The failure to submit a required fee with a notice of appeal, including return of checks unpaid or other failure of consideration, shall be a jurisdictional defect and the city shall deem the appeal abandoned.
C. Additional Costs. Where the planning and community development director, with the concurrence of the city manager, deems it necessary and in the public’s interest to incur additional costs, such as the hiring of an independent geotechnical or engineering expert, or other technical expertise during the course of land use proceedings, such costs shall be borne by the applicant. (Ord. 2008-01 § 2; Ord. 91-18 § 6; Ord. 84-2 § 9.060)