Chapter 17.340
ESTUARINE AND COASTAL SHORELAND USES AND ACTIVITY
Sections:
17.340.010 General.
17.340.020 Initiation.
17.340.030 Application.
17.340.040 Tentative decision.
17.340.050 Conditions.
17.340.060 Tentative order and notice.
17.340.070 Final order.
17.340.080 Appeal.
17.340.010 General.
Uses and activities permitted by the Coos Bay estuary management plan are subject to general and special conditions and policies to comply with statewide planning goals. Compliance with these conditions and policies must be verified; therefore, all uses and activities under jurisdiction of the Coos Bay estuary management plan must be reviewed. [Ord. 93 § 5.10.1, 1987].
17.340.020 Initiation.
A request to permit these uses and activities may be initiated by a property owner or authorized agent through an application to the public works and development department. If an application has been filed with the Division of State Lands for a state or federal waterway permit, the information contained on the application may be sufficient for review. However, the city application fee shall not be waived. [Ord. 93 § 5.10.2, 1987].
17.340.030 Application.
An application may include any or all of the following items at the discretion of staff. The applicant shall provide one copy of the written information and two copies of the map.
(1) A general location map of the property and a detailed parcel map of the property, each on approximately eight inch by 11 inch paper.
(2) Address and legal description of the property.
(3) Detailed description of the proposed use or activity.
(4) Statement explaining how the proposed use and/or activity complies with the plan and title provisions. [Ord. 93 § 5.10.3, 1987].
17.340.040 Tentative decision.
Within 10 working days of a complete application, staff shall render a tentative decision to approve, approve with conditions, or deny the request after adopting findings of fact which address applicable general or special conditions or policies of the Coos Bay estuary management plan, special resources delineated on the special considerations map of the estuary management plan, and applicable provisions of this title.
Staff may defer the initial review to the planning commission which shall be conducted at a public hearing in accordance with Chapter 17.300 CBMC. If the proposed use is also identified as a conditional use by this title, the decision shall be made by the planning commission in accordance with Chapter 17.355 CBMC. [Ord. 93 § 5.10.4, 1987].
17.340.050 Conditions.
Staff may impose conditions when it is determined that a use or activity may have an impact on the site itself or surrounding property. These conditions shall be stated in terms that are specific and measurable so that the applicant is fully aware of the intent and justification of the condition and how and when implementation is to be accomplished. These conditions may include those specified in Chapter 17.355 CBMC. [Ord. 93 § 5.10.5, 1987].
17.340.060 Tentative order and notice.
A written order of the tentative decision containing findings and conclusions shall be issued by staff. Promptly upon completion of the order, notice of the tentative decision shall be issued as follows:
(1) Mailed notice of the tentative decision shall include:
(a) Date of the tentative decision and the date the decision will become final.
(b) A reasonably written description of the subject property which may include, but is not limited to, any one of the following: a map, postal address, legal description, or tax map designation.
(c) The nature of the pending issue or proposed use.
(d) A list of the applicable criteria upon which the tentative decision was based.
(e) A statement that the application materials and staff report are available for inspection or can be copied at a reasonable cost.
(f) An officer or employee with a phone number of the city from whom additional information can be obtained.
(2) Written notice of the tentative decision shall be made to the applicant, the planning commission, property owners within 250 feet of the external boundaries of the property, and to the following list of interested agencies within 10 days of the date of the order:
(a) State Agencies.
(i) Division of State Lands.
(ii) Department of Fish and Wildlife.
(iii) Department of Environmental Quality.
(iv) Water Resources Department (uses including appropriation of water only).
(v) Department of Geology and Mineral Industries (mining and mineral extraction only).
(vi) Department of Energy (generating and other energy facilities only).
(vii) Department of Economic Development (dock, industrial and port facilities, and marinas only).
(b) Federal Agencies.
(i) U.S. Army Corps of Engineers.
(ii) National Marine Fisheries Service.
(iii) U.S. Fish and Wildlife Service. [Ord. 171, 1991; Ord. 93 § 5.10.6, 1987].
17.340.070 Final order.
The tentative decision shall become final 15 days from the date the order is mailed. [Ord. 93 § 5.10.7, 1987].
17.340.080 Appeal.
The staff’s tentative decision may be appealed if a statement of appeal is filed with the public works and development department prior to the date that the decision becomes final. The appeal statement shall contain:
(1) An identification of the decision to be reviewed.
(2) A statement of interest of the applicant.
(3) Reasons the appellant feels aggrieved by the decision, and how the appellant feels the staff erred.
The appeal shall be heard by the planning commission at a public hearing in accordance with the applicable procedures of Chapters 17.300 and 17.305 CBMC. [Ord. 93 § 5.10.8, 1987].