Chapter 17.130
PROCEDURES

Sections:

17.130.005    Purpose.

17.130.010    Applicability.

17.130.020    Pre-application review.

17.130.030    Application types and classification.

17.130.040    Application contents.

17.130.050    Review for technically complete status.

17.130.060    Reserved.

17.130.070    Approval criteria.

17.130.075    Approval compliance and occupancy.

17.130.080    Type I procedure.

17.130.090    Type II procedure.

17.130.100    Type III procedure.

17.130.110    Type IV procedure.

17.130.120    Notices.

17.130.130    Appeal.

17.130.140    Expiration and extension of decisions.

17.130.145    Modifications to permits.

17.130.150    Revocation of Type II and Type III permits.

17.130.160    Post-decision review.

17.130.005 Purpose.

The purpose of the Coos Bay development code (CBDC) procedures is to specify transparent public processes to assess and ensure compatibility between new developments, existing uses, and future developments consistent with the Coos Bay comprehensive plan (CBCP) goals and objectives. Land use and development approvals are required to promote land uses and development harmonious with their surroundings, maintain a high quality of life for area residents, and to ensure new developments are planned and designed to comply with the standards and criteria for development and land use in the Coos Bay Municipal Code. [Ord. 532 § 2 (Att. B), 2020].

17.130.010 Applicability.

Land use project review and approval is required prior to issuance of building permits for the following:

(1) The division of land or alteration of existing lot (parcel) lines;

(2) All conditional uses and new uses in any district;

(3) All changes in the use of a structure that increase the intensity of use, such as by increasing the gross floor area, height or bulk of the structure, number of access points or parking spaces, number or size of signs, or other measures of intensity or the structure location or significant elements of the design; and

(4) Building and demolition permits or any change, except painting and minor repair, to the exterior of properties listed on the National Register of Historic Places.

(5) No use shall be established, no structure erected or enlarged, and no other improvement or construction undertaken except as shown upon an approved plan which is in conformance with the requirements set out in CBDC 17.130.050. Land use project review and approval are subject to a Type I, II or III review process prior to issuance of a building permit or as specified in this title, changes in land use.

(6) No amendment to the text of this title or the comprehensive plan shall be permitted without a Type IV authorization.

(7) Exclusions from Permits. The following activities are permitted in each land use district but are excluded from the requirement of obtaining a land use permit. Exclusion from the permit requirement does not exempt the activity from otherwise complying with applicable standards, conditions, and other provisions of the development code.

(a) Operation, maintenance, and repair of existing transportation facilities identified in the transportation system plan;

(b) Dedication of right-of-way, authorization of construction, and the construction of transportation facilities and improvements, where the improvements are planned improvements identified in the transportation system plan or are otherwise consistent with clear and objective dimensional standards;

(c) Changes in transit services. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.020 Pre-application review.

(1) Requirement. Unless otherwise expressly provided in this title, all applications subject to Type III or Type IV review are subject to pre-application review unless the director waives the requirement in writing.

(2) Waiver. The director may waive a pre-application review; however, the applicant shall acknowledge on the pre-application waiver form that s/he understands that waiver of pre-application review may increase the maximum time for review for technically complete status and may increase the risk that the application will be rejected, or processing will be delayed.

(3) Application Requirements and Contents. A pre-application submittal shall include a nonrefundable pre-application fee, a completed pre-application form provided by the city with the requisite fee and three paper copies to fit on an eight-and-one-half-inch by 11-inch page and one electronic copy of the following information:

(a) A preliminary site plan which shall include, where applicable, a north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way, development, access, parking, maneuvering, structures and landscaping on the site; existing and proposed natural features on the site, including vegetation, topography and grades; existing and proposed utilities (water, sewer, drainage, fire hydrants); and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. Principal features of the plan shall be dimensioned by architectural scale;

(b) Drawings showing proposed elevations or a likeness of the proposed structures;

(c) Proposed dedications to the city or other agency, if applicable;

(d) A written description of the proposed use or development. The descriptions shall identify any variances, adjustments or exceptions needed for approval of the plan.

(4) Scheduling, Notice and Attendees.

(a) Within seven calendar days after receipt of an application for pre-application review, the city shall mail or otherwise convey written notice of the pending pre-application conference to the applicant and other interested agencies. The notice shall state the date, time and location of the pre-application conference, the purposes of pre-application review, and the nature of the conference.

(b) The pre-application conference shall be scheduled not more than 21 calendar days after the notice is mailed or otherwise conveyed.

(c) The director shall determine who shall be invited to the meeting. In addition to the applicant and representatives, possible attendees include the design assistance team (DAT), the director, the city engineer, a representative from affected service districts, including transportation and transit agencies and representatives from interested state agencies and neighborhood associations recognized by the city council or by Coos County.

(5) Meeting Summary. Within 14 calendar days after a pre-application conference, the director will provide a written summary of the conference to the applicant and to other persons who request it. The written summary shall:

(a) Summarize the proposed application(s);

(b) Provide the relevant approval criteria and development standards in the city code or other applicable law; and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;

(c) Evaluate the information offered by the applicant to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;

(d) Identify applicable application fees in effect at the time, with a disclaimer that fees may change;

(e) Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:

(i) Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;

(ii) Physical development limitations, such as steep or unstable slopes, wetlands, or water bodies, that exist on and in the vicinity of the property subject to the application;

(iii) Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application.

(6) Time Limit. The written summary of a pre-application conference is valid for up to one year from the date of the meeting summary provided by the city. If more than one year has elapsed between the date of the last pre-application conference and the date an application is submitted, a new pre-application conference shall be required for future development subject to CBDC 17.130.020. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.030 Application types and classification.

(1) Applicability. Applications for land use review are subject to procedures in this chapter unless otherwise expressly provided in other chapters of the CBDC.

(2) Concurrent Application. If the applicant requests more than one type of review for a given development, an applicant shall submit all applications required for the development at one time, unless otherwise prohibited from doing so by law. Concurrent applications for a given development are subject to the highest type procedure that applies to any of the applications.

(3) Procedure Types. There are four types of land use review procedures. This chapter or the chapter that authorizes an application generally identifies the type of procedure that applies to the application. If the appropriate procedure is not clearly defined, the director shall decide which of the four procedures will apply with the following considerations:

(a) A Type I process involves nondiscretionary standards or standards that require the exercise of professional judgment by the director about technical issues. Type I reviews include:

(i) Residential proposals creating less than 10 new units.

(ii) Modifications to interior of an existing structure that does not change the intensity or a use.

(iii) Installation or replacement of underground utilities.

(iv) Painting and minor repair to the exterior of properties listed on the National Register of Historic Places.

(v) Other development the director determines does not result in an appreciable increase in land use activity and intensity and does not create an additional significant adverse impact.

(b) A Type II process involves a mix of discretionary and nondiscretionary standards that require the exercise of limited discretion by the director about nontechnical issues and about which there may be a limited public interest. Type II reviews include:

(i) Changes in use of an existing structure or site.

(ii) New construction or expansions of existing development which does not exceed:

(A) Four thousand square feet of floor area.

(B) Twenty new parking spaces.

(C) Residential proposals with four structures with up to and including 10 units.

(D) All changes in the use of a structure that increase the intensity of use by increasing the gross floor area by more than 20 percent up to a total of 4,000 square feet or introducing a use requiring more than 15 percent of the parking required by the original use up to and including 20 new spaces.

(iii) Property line adjustments and partitions.

(iv) Other development the director determines appropriate for a Type II review due to community interest and/or benefit.

(c) A Type III process involves standards that require the exercise of substantial discretion by the planning commission or a hearing officer and about which there may be a broad public interest. Type III reviews include:

(i) New construction or expansions of existing construction of any of the following:

(A) Four thousand one square feet or more floor area.

(B) Twenty-one or more new parking spaces.

(C) Residential proposals with more than 10 units.

(ii) Building and demolition permits or any change, except painting and minor repair, to the exterior of properties listed on the National Register of Historic Places.

(iii) Subdivisions.

(d) A Type IV process involves the creation, implementation or amendment of city land use policies or law by the city council, with recommendation by the planning commission.

(4) Undefined Review. If this title is silent as to the type of review procedure required, the director shall, using a Type I review process, determine the appropriate level of review.

(5) At the discretion of the director, uses determined similar to uses specified in this title may be permitted subject to the provisions of this chapter.

(6) Highest Review Level. If a review is subject to multiple permits, the highest level of review for any one of the permits shall be required for all permits. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.040 Application contents.

An applicant for development and/or land use review shall submit the requisite nonrefundable fee and three paper copies and one electronic copy of the information required by CBDC 17.130.050 except as otherwise provided therein. Additional copies may be required, depending upon who the review authority is for the application type. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.050 Review for technically complete status.

(1) Applicability and Schedule. Before accepting an application subject to a Type I, II, III or IV review, the director shall determine within 30 calendar days after the application is submitted whether the application is technically complete.

(2) Standards for Technical Completeness for a Type II Application. An application is technically complete if it includes the information required by the CBDC section(s) that apply to the application in question. If the CBDC does not list the information a given application is required to contain, then such an application is technically complete if it includes three hard copies and one electronic copy of the following information:

(a) Required nonrefundable application fee;

(b) A copy of the pre-application conference summary, if the application was subject to pre-application review, which shall include all information required by the director to address issues, comments and concerns in the summary;

(c) A written narrative description of uses, types of structures proposed, hours of operation, abutting properties, proposed access, frequency of deliveries and construction schedule including project phasing, if known;

(d) A written description of how the application complies, or with conditions can comply, with each applicable CBCP, CBDC, and other city policy and regulation approval criterion applicable to the application. Basic facts and other substantial evidence supporting the description must also be included in the application;

(e) Applications necessarily associated with the proposal, such as applications for variances as specified in Chapter 17.372 CBDC; or for modifications to the road standards that are required to approve the proposal;

(f) If required by the director, a traffic impact analysis consistent with CBMC 18.40.010 and 18.40.020 and state of Oregon requirements;

(g) A legal description of the site;

(h) Three copies of a preliminary site plan at a scale of no more than one inch equals 200 feet of a size no smaller than 11 inches by 17 inches with:

(i) North arrow, date, and graphic scale identifying the subject site,

(ii) Total site area,

(iii) Location of on-site driveways and access points within 100 feet of the subject site,

(iv) Locations and lot coverage dimensions of the proposed building and proposed building setbacks,

(v) Existing and proposed lots, tracts, easements, rights-of-way and structures on the site,

(vi) Existing lots, tracts, easements, rights-of-way and structures abutting the site,

(vii) Legend indicating:

(A) Total site area,

(B) The total square footage of proposed building or structures including percentage of total site area,

(C) The total square footage amount of impervious area square footage, including percentage of total site area,

(D) The total square footage amount of on-site landscaping, including percentage of total site area and the information specified in subsection (7) of this section,

(E) The total amount of dedicated parking area, including percentage of total site area, the proposed number of parking spaces, including the number of standard parking spaces, the number of compact parking spaces and the number of handicapped-accessible parking spaces. The required number of parking spaces should also be indicated;

(i) A floor plan at a one-quarter- or one-eighth-inch scale;

(j) Elevations of all sides of the proposed structure at a one-quarter- or one-eighth-inch scale;

(k) Existing and proposed lots, tracts, easements, rights-of-way and structures on the site, and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. The applicant shall provide three copies of the plan of a size no smaller than 11 inches by 17 inches;

(l) Preliminary grading, erosion control and drainage plans may be required depending upon the application and if required shall be consistent with applicable provisions of this or other applicable city documents;

(m) Information about proposed utilities, including water and sanitary waste;

(n) A landscaping plan meeting the standards of CBDC 17.335.060, Landscaping;

(o) A lighting plan meeting the standards of CBDC 17.335.040, Lighting.

(3) Standards for Technical Completeness for a Type III application. An application is technically complete if it includes the information required by the CBDC section(s) that apply to the application in question and three hard copies (24 inches by 36 inches) and one electronic copy of:

(a) A completed city land use application form;

(b) Required nonrefundable application fee;

(c) Most recent conveyance document (deed) showing current ownership;

(d) The name, email address, mailing address, and telephone number of the owner(s) and official contact regarding the application;

(e) Written authorization to file the application signed by the owner of the property that is the subject of the application, if the applicant is not the same as the owner as listed by the Coos County assessor;

(f) Copy of pre-application conference report and any other items requested in the pre-application conference report, if completed;

(g) Written narrative description of uses, types of structures proposed, hours of operation, abutting properties, proposed access, frequency of deliveries and construction schedule, including project phasing, if known;

(h) A written description of how the application complies, or with conditions can comply, with each applicable CBCP, CBDC Title 17, and other city policy and regulation approval criterion applicable to the application. Basic facts and other substantial evidence supporting the description must also be included in the application;

(i) Applications necessarily associated with the proposal, such as applications for variances as specified in Chapter 17.372 CBDC; or for modifications to the road standards that are required to approve the proposal;

(j) A legal description of the site;

(k) A floor plan at a one-quarter- or one-eighth-inch scale;

(l) Architectural elevations, showing north, south, west and east elevations at a one-quarter or one-eighth-inch scale;

(m) A project site plan identifying existing conditions drawn to a minimum scale of one inch equals 200 feet with the following information:

(i) Vicinity map showing location of subject site within the city of Coos Bay and the surrounding existing street system;

(ii) Existing and proposed property boundaries, dimensions and size of the subject site;

(iii) Graphic scale of the drawing and the direction of true north;

(iv) Zoning and uses of subject site and of properties within 100 feet of the subject site;

(v) Current structural or landscaped setbacks;

(vi) Location of on-site driveways and access points within 100 feet of the subject site;

(vii) Location of existing on-site structures and the approximate location of existing structures within 100 feet of the site;

(viii) Location, dimensions, setbacks of buildings to property lines and height of proposed buildings;

(ix) Location of existing aboveground electrical, telephone or utility poles and traffic control poles;

(x) Location of existing fire hydrants;

(xi) Location of structures within 100 feet of the site;

(xii) Location, centerline and dimensions of existing public rights-of-way and easements on site and within 100 feet of the site;

(xiii) Location, centerline and dimensions of existing private streets on site and within 100 feet of the site;

(xiv) Approximate on-site slopes and grades within 100 feet of the site;

(xv) Location of building accesses;

(xvi) Proposed project-phasing boundaries, if applicable;

(xvii) Location of proposed access points including vehicular driveways and designated pedestrian access points, including the proposed depth of the vehicular driveway throats;

(xviii) Location and dimensions of proposed on-site parking areas, including required parking landscaping islands and indicating whether proposed parking is standard, compact or handicapped-accessible;

(xix) Demonstrate compliance with applicable state and federal guidelines, including, but not limited to, adequate sizing, the provision of handicapped access ramps and appropriate labeling and signing. On-site cross-aisles and circulation areas shall be indicated including their dimensions;

(xx) Location and dimensions of proposed on-site pedestrian connections between the public street and buildings, between on-site buildings, between on-site buildings and on-site or off-site parking areas;

(xxi) Location and size of off-site parking areas, if applicable, including details on the number and type of off-site parking spaces and existing or proposed cross-aisles and circulation areas including dimensions;

(xxii) Location, centerline and dimensions of proposed on-site public or private streets and public and private easements;

(xxiii) Location, centerline and dimensions of proposed dedications, and identification of proposed frontage improvements, including roadway improvements, curb and gutter installation, landscaped planter strip installation and public sidewalk installation;

(xxiv) The location and dimensions of loading and service areas, recreational or open space features, aboveground utilities, existing structures to be retained on the site and their distance from the property line, proposed structures (including signs, fences, etc.) and their distance from property lines and the size and location of solid waste and recyclable storage areas;

(xxv) Specialized site treatments, including but not limited to pedestrian plazas, heavy-duty paving, concrete score patterns, bicycle parking and outdoor seating areas;

(xxvi) Proposed easements or dedications to the city or other agency, if applicable;

(n) Preliminary grading, erosion control and drainage plans may be required depending upon the application and if required shall be consistent with applicable provisions of this or other applicable city documents;

(o) Information about proposed utilities, including water and sanitary waste;

(p) Legend indicating:

(i) Total site area,

(ii) The total square footage of proposed building or structures including percentage of total site area,

(iii) The total square footage amount of impervious area square footage, including percentage of total site area,

(iv) The total square footage amount of on-site landscaping, including percentage of total site area and the information specified in subsection (7) of this section,

(v) The total amount of dedicated parking area, including percentage of total site area, the proposed number of parking spaces, including the number of standard parking spaces, the number of compact parking spaces and the number of handicapped-accessible parking spaces. The required number of parking spaces should also be indicated;

(q) Preliminary utility plan indicating the proposed location, size, connection points to existing public systems, and terminus points for sanitary sewer, water and stormwater drainage and control. Public and private easements for sanitary sewer, water and stormwater shall also be indicated;

(r) Landscape plan consistent with CBDC 17.335.060 indicating:

(i) The location of proposed vegetation, landscaping proposed in and around buildings, on the perimeter of the site and within proposed parking areas shall be indicated. In addition, street trees or other forms of landscaping within the public rights-of-way shall be indicated,

(ii) The common and botanical name of the proposed vegetation,

(iii) The initial planting size (height or gallon) and the mature planting size and proposed methods of irrigation, if any;

(s) Lighting plan consistent with CBDC 17.335.040 and indicating the location, height and type of proposed exterior lighting fixtures (pole-mounted or wall-mounted);

(t) Traffic impact analysis if applicable. Note, a traffic impact analysis is required for proposals to create 20 or more residential units (e.g., single-family residential lots, apartment/condo units, manufactured home parks), 20,000 square feet or more of commercial/industrial space, or similar land use as determined by the director. The TIA shall be consistent with CBDC 18.40.010 and 18.40.020 and state of Oregon requirements;

(u) Sign plan(s) (if applicable).

(4) Excluded Information and Application Fees. The director may accept as technically complete an application without information listed as being required if such information is not necessary to make a finding required by the law. However, no application shall be accepted for review without required nonrefundable application fees.

(5) Missing Information. If the director determines an application is not technically complete, within 30 calendar days after the city receives the application the director shall send the applicant a written statement rejecting the application. Incompleteness shall be based solely on failure to pay required fees, failure to address the relevant criteria or development regulations, or failure to supply information to assure the decision maker and public understanding of the application. The statement shall:

(a) List what is required to make the application technically complete;

(b) Specify a date by which the required missing information must be provided;

(c) State that the applicant can apply to extend the deadline for filing the required information, and explain how to do so; and

(d) Include recommendations for additional information that, although not necessary to make the application technically complete, are recommended to address other issues that are or may be relevant to the review.

(6) Final Actions for a Technically Incomplete Application. If the director decides that all of the required information is not submitted by the date specified, or as extended, s/he shall:

(a) Provide a letter rejecting the application for lack of completeness and stating the reasons for the return; or

(b) Issue a decision denying the application based on a lack of information.

(7) The application will be deemed complete by the director for the purpose of this section upon receipt of:

(a) All the missing information;

(b) Some of the missing information and written notice from the applicant that no other information will be provided; or

(c) Written notice from the applicant that none of the missing information will be provided.

(8) Pursuant to ORS 227.178, the city will reach a final decision that approves, approves with conditions, or denies the application. The city will reach its decision within 120 calendar days from the date that the application was determined to be complete or deemed complete (unless the applicant agrees to extend the 120-calendar-day timeline or unless state law provides otherwise); including time for any possible appeal up to an appeal by the Land Use Board of Appeals (LUBA). However, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city.

(9) The 120-calendar-day timeline may be extended at the written request of the applicant.

(10) The applicant may amend the application up to and including 14 calendar days after the application has been deemed complete.

(11) Amendments to an application submitted more than 14 calendar days after the application is deemed complete may be determined by the director to be so substantial that the application shall be treated as having been refiled. In such a case, the director shall provide the applicant with the following options: provide the city with a waiver of the 120-day time frame set forth in ORS 227.178 of a minimum of 14 calendar days from the date the amendment was submitted; treat the application as having been refiled as of the date the amendment was submitted; or decide the application on the basis of the applicant’s materials without the amendment.

(12) For any application which has been on file with the city for more than 90 calendar days and the applicant has not met the obligations of this section, the application will be deemed withdrawn. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.060 Reserved.

[Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.070 Approval criteria.

The authorizing authority shall approve a land use application if the applicant has sustained the burden of proving that:

(1) The application complies with the applicable regulations of the Coos Bay comprehensive plan and development code; or that the application can comply with all applicable regulations by complying with adopted conditions of approval; or that necessary variances have been approved; or that adopted conditions of approval have been met prior to final plat approval.

(2) The development makes adequate provision for public services consistent with the level of service provided in adopted city policies, plans and regulations.

(3) The development will not have a significant adverse effect on adjacent properties or public facilities. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.075 Approval compliance and occupancy.

(1) All development and/or land use authorized for a property shall conform to the authorized site plans, floor plans and elevations imposed thereon unless amended or replaced by a subsequent city approval.

(2) Compliance with all conditions of approval for development and/or land use authorized for a property shall be met prior to occupancy. If authorized by the director, conditions specific to public and site improvements may be accomplished in phases by performance bonds or other suitable security as determined by the director to secure an applicant’s obligation to comply with development and/or land use authorization conditions of the approval. [Ord. 532 § 2 (Att. B), 2020].

17.130.080 Type I procedure.

(1) Decision. Within 30 calendar days after the date an application subject to a Type I process is accepted as technically complete, the director shall issue a notice of decision that the application is approved, approved with conditions, or denied; provided, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city. The notice of decision shall include a brief summary of the relevant facts and applicable standards for the application and of how the application complies with those standards based on the facts and evidence, including any conditions of approval. The city shall provide an electronic copy and hard copy of the decision to the applicant and applicant’s representative(s).

(2) Appeal and Post-Decision Review. The notice of decision shall state the date by which the appeal must be filed pursuant to CBDC 17.130.130 or state that the applicant may apply for post-decision changes pursuant to CBDC 17.130.160. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.090 Type II procedure.

(1) Notice of Application. Twenty days prior to a Type II review, the city shall mail a written notice of the application as specified in CBDC 17.130.120(1) and (4) to property owners within 150 feet of the application site.

(2) Comments. The city shall mail to the applicant a copy of comments timely received in response to the notice.

(3) Decision.

(a) Pursuant to CBDC 17.130.050(7), within 120 calendar days after the date an application subject to a Type II process is accepted as technically complete, the review authority shall issue a decision that approves, approves with conditions, or denies the application; including time for any possible appeal up to an appeal by the Land Use Board of Appeals (LUBA); provided, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city.

(b) The decision shall include a brief summary of the relevant facts and applicable standards for the application and a summary of how the application complies with those standards based on the facts and evidence, including any conditions of approval.

(3) Notice of Final Order. Within seven calendar days after issuing a decision, the city shall mail notice of the decision to interested agencies and property owners within 150 feet of the subject application area as provided in CBDC 17.130.120(3).

(4) Appeal and Post-Decision Review. The notice of decision shall state the date by which the appeal must be filed pursuant to CBDC 17.130.130 or state that the applicant may apply for post-decision changes pursuant to CBDC 17.130.160. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.100 Type III procedure.

(1) Hearing. An application subject to a Type III process will be considered at one or more public hearings before the city’s planning commission or a hearings officer.

(2) Notice of Hearing. At least 20 calendar days before the date of the hearing, the city shall mail public notice of the hearing to adjoining property owners within a 300-foot radius of the application site as provided in CBDC 17.130.120(1), (2) and (4).

(3) Staff Report. At least seven calendar days before the date of the hearing, the director shall make available a hard copy of the staff report regarding the application available at City Hall, an electronic copy of the staff report available on the city website, and shall mail a hard copy of the staff report to the planning commission, the applicant, and the applicant’s representative(s) and other parties who request it. The staff report shall set out the relevant facts and applicable standards for the application and a summary of how the application complies with those standards based on the facts and evidence, including any conditions of approval.

(4) Public Hearings. Public hearings shall be conducted in accordance with the rules of procedure adopted by the planning commission or the hearings officer. A public hearing shall be recorded on audio or audiovisual tape.

(a) At the beginning of a hearing an announcement shall be made to those in attendance that:

(i) Lists the applicable approval criteria by development code section number.

(ii) Testimony, arguments and evidence must be directed toward the applicable criteria or other criteria in the comprehensive plan or development code which the person believes to apply to the application.

(iii) Failure to raise an issue accompanied by statements or evidence with sufficient specificity to afford the decision-making authority and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.

(iv) Failure of the applicant to raise constitutional or other issues relating to the proposed conditions of approval with sufficient specificity to allow the city to respond to the issue precludes an action for damages in circuit court.

(v) The decision-making authority must be impartial and that members of the decision- making authority shall not have any bias or personal or business interest in the outcome of the application. Prior to the receipt of any testimony, members of the decision-making authority must announce any ex-parte contacts. The decision-making authority shall afford parties an opportunity to challenge any member thereof based on bias, conflicts of interest, or ex-parte contacts.

(vi) State that if any member of the decision-making authority has visited the site, they shall describe generally what was observed.

(vii) Summarizes the procedure of the hearing.

(b) After the announcements, the chair shall call for presentation of the staff report. Staff shall describe the proposal and provide a recommendation.

(c) After the presentation of the staff report, the chair shall call for the applicant’s testimony, opposition testimony and neutral testimony, in that order.

(d) At the conclusion of the hearing on each application, the planning commission shall announce one of the following actions:

(i) That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed, published or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.

(ii) That the public record is held open to a date and time certain. The planning commission shall state where additional evidence and testimony can be sent and shall announce any limits on the nature of the evidence that will be received after the hearing.

(iii) That the application(s) is/are taken under advisement, denied, approved, or approved with conditions, together with a brief summary of the basis for the decision, and that a final order will be issued as provided in this section.

(5) Decision. Within 14 calendar days after the date the record closes regarding a given application(s), the director shall submit to the city a written decision regarding the application(s). The decision shall set out the relevant facts and applicable standards for the application(s) and a summary of how the application(s) complies with those standards based on the facts and evidence, including any conditions of approval.

(6) Notice of Decision. Within seven calendar days of the date of the decision, the city shall mail a notice of decision as provided in CBDC 17.130.120(3) to property owners within a 300-foot radius of the application site.

(7) Appeal and Post-Decision Review. The notice of decision shall state the date by which the appeal must be filed pursuant to CBDC 17.130.130 or state that the applicant may apply for post-decision changes pursuant to CBDC 17.130.160. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.110 Type IV procedure.

(1) Hearing. An application subject to a Type IV process will be considered at one or more public hearings before the planning commission and one or more public hearings before the city council. The planning commission and city council may combine their meetings into one public meeting.

(2) Notice of the Initial Planning Commission Hearing. At least 20 calendar days before the date of the first planning commission hearing regarding an application subject to a Type IV process, the director shall mail public notice of the hearing to parties who have requested such notice and to other individuals, firms or agencies as deemed appropriate. If the Type IV procedure is related to a specific property, public notice shall be mailed as specified in CBDC 17.130.120(1), (2) and (4) to property owners within 300 feet of the application site. At least 10 days before the date of the hearing, the city shall cause notice of the hearing to be posted at City Hall and on the city website.

(3) Staff Report. At least seven calendar days before the date of the first planning commission or joint planning commission/council hearing, the city shall issue a written staff report regarding the application. The staff report shall set out the relevant facts and applicable standards for the application and a summary of how the application complies with those standards. The city shall mail a copy of the staff report to the review authority and to other parties who request it and post an electronic copy of the staff report on the city website. Copies of the staff report also shall be available at the public hearing.

(4) Public Hearings. Public hearings shall be conducted in accordance with the rules of procedure adopted by the review authority, except to the extent waived by the review authority. A public hearing shall be recorded on audio or audiovisual tape.

(a) At the conclusion of a planning commission or joint planning commission/council hearing on an application subject to a Type IV process, the planning commission or, in the case of a joint planning commission/council meeting, the council shall announce one of the following actions, which may not be appealed:

(i) That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed or published. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing; or

(ii) That the planning commission recommends against or in favor of approval of the application(s) with or without certain changes, or that the planning commission makes no recommendation regarding the application(s), together with a brief summary of the basis for the recommendation.

(iii) That, in the case of a joint planning commission/council hearing, the council may take action as noted in subsection (4)(c) of this section.

(b) At least 14 calendar days before the date of the first hearing before the city council, the city shall mail public notice of the hearing to parties who have requested such notice and to other individuals, firms or agencies as deemed appropriate. At least 10 days before the date of the hearing, the city shall cause notice of the hearing to be posted at City Hall and on the city website.

(c) At the conclusion of its initial hearing noted in subsection (4)(a) or (b) of this section, the city council may continue the hearing, take an action forwarding the application for further review consistent with the CBDC, or take an action to terminate or postpone further consideration of the application. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.

(5) Decision. Within 14 calendar days after the date the record closes regarding a given application(s), the director shall submit to the city a written decision regarding a Type IV application requested by a property owner specific to a particular property.

(6) Notice of Decision. The city shall issue a notice of decision regarding the application(s) within seven calendar days of the date of the decision. The city shall mail the notice of decision as provided in CBDC 17.130.120(3) to property owners within a 300-foot radius of the application site.

(7) Appeal and Post-Decision Review. An application subject to a Type IV process is not subject to appeal or post-decision review before the city. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.120 Notices.

(1) Contents of a Notice of Application Subject to Type II Review. The notice of Type II application shall contain at least the following information:

(a) The file number;

(b) The name(s) and address(es) of the applicant and owner;

(c) The legal description of the site;

(d) The street address or other easily understood geographical reference to the subject property;

(e) A description of the proposal and a listing of the approval criteria by applicable code section number;

(f) A statement that the application can be reviewed at City Hall during working hours, and that copies can be obtained for a fee equal to the city’s cost for providing the copies;

(g) The name and contact information of the city representative to contact regarding the application;

(h) An invitation to comment, in writing, on the proposal and the place, date and time that comments are due;

(i) A statement outlining the appeals process.

(2) Contents of a Notice of a Public Hearing for an Application Subject to a Type III Process. Mailed notice of a public hearing shall contain the following information:

(a) The information required by subsection (1) of this section;

(b) The date, time and place of the hearing;

(c) A statement that the planning commission will conduct the hearing in accordance with the rules of procedure adopted by the planning commission;

(d) A statement that the staff report will be available at least seven days prior to the hearing and how the report may be viewed; and

(e) A statement that interested parties may testify orally or in writing at the public hearing.

(3) Contents of a Notice of a Decision. Notice of a decision subject to a Type I, Type II or Type III process shall contain at least the following information:

(a) A copy or summary of the written decision;

(b) The appeal closing date;

(c) A description of how to file an appeal of the decision, including applicable fees;

(d) A statement that the public record in the case is available for review and the place, days and times for review; and

(e) The name and telephone number of the city staff person to contact for information about the case or to review the case file.

(4) Distribution of Notices by Mail.

(a) The city shall mail notice of application subject to Type II review to:

(i) The applicant and the applicant’s representative;

(A) The property owner of record; shall be the person(s) listed in the records of the Coos County assessor; and

(B) Failure of a property owner to receive notice shall not affect the decision if the notice was sent. A sworn certificate of mailing executed by the person who did the mailing shall be conclusive evidence that notice was mailed to parties listed or referenced in the certificate;

(ii) Agencies with jurisdiction, including transportation and transit agencies; and

(iii) Other persons with standing who request such notice in writing.

(b) The city shall mail notice of a hearing regarding an application subject to a Type III process to:

(i) The applicant and the applicant’s representative;

(A) The property owner of record; shall be the person(s) listed in the records of the Coos County assessor; and

(B) Failure of a property owner to receive notice shall not affect the decision if the notice was sent. A sworn certificate of mailing executed by the person who did the mailing shall be conclusive evidence that notice was mailed to parties listed or referenced in the certificate.

(ii) Agencies with jurisdiction.

(iii) Other persons with standing who request such notice in writing. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.130 Appeal.

(1) Deadline for Appeal. An appeal together with the requisite fee and information must be received by the city within 15 calendar days of the date of the final order being issued. Any appeal heard by the city’s planning commission or city council must be heard within the 120-day appeal period pursuant to CBDC 17.130.050(7).

(2) Standing.

(a) A final decision regarding an application subject to a Type I process may be appealed only by the applicant or applicant’s representative.

(b) A final decision regarding an application subject to a Type II process may be appealed by the applicant or applicant’s representative or by any person, agency or firm with an interest in the matter.

(c) A final decision regarding an application subject to a Type III process may be appealed by the applicant or applicant’s representative or by any person, agency or firm who offered oral or written testimony before the planning commission or hearings officer closed the public record in the case.

(d) Appeal of a Type IV Decision. For an appeal regarding a decision subject to a Type IV process, the applicant, the applicant’s representative, any person, agency or firm on either side who offered oral or written testimony may appeal to the Land Use Board of Appeals (LUBA). The party must file a notice of intent to appeal with the Land Use Board of Appeals, with the required fees, within 21 days after the land use decision becomes final as described by OAR 661-010-0010(3) and 661-010-0015(1)(b). The scope of the review (the record) consists of the materials submitted to, and not rejected by, the decision makers in the course of the local proceedings.

(3) Appeal Contents. An appeal shall include the appropriate fee and the following information:

(a) A form provided for that purpose by the city;

(b) The case number as designated by the city;

(c) The name of the applicant;

(d) The name, address and signature of each appellant;

(e) The reasons why each aspect is in error as a matter of fact or law; and

(f) The evidence relied on to prove the error.

(4) Scope of Review.

(a) An appeal of a Type I or Type II decision shall be conducted de novo. “De novo” means a hearing by the appeal authority can be held as if the action had not been previously heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration shall be included in the record of the review. Except as otherwise specified in this code, or required by state law, the appeal authority may hear the entire matter de novo; or it may admit additional testimony and other evidence without holding a de novo hearing if it is satisfied that additional testimony or other evidence could not reasonably have been presented at the prior hearing. The appeal authority shall consider all of the following in making such a decision:

(i) Prejudice to the parties.

(ii) Convenience or availability of evidence at the time of the initial hearing.

(iii) Surprise to opposing parties.

(iv) The competency, relevancy and materiality of the proposed testimony or other evidence.

(v) Such other factors as may be determined by the reviewing body to be appropriate.

(b) Type III Decision. The reviewing body shall state the scope of review on appeal to be restricted to the record made on the decision being appealed and limit the appeal to issues the reviewing body determines necessary for a proper resolution of the matter.

(5) Appeal Authority.

(a) Appeal of a Type I Decision. Within seven calendar days after a timely, complete appeal is filed regarding a decision subject to a Type I process, the city shall send to the planning commission a copy of the appeal and the case file together with any new evidence submitted with the appeal. Within 21 calendar days after a timely, complete appeal is filed, the planning commission shall send to the city a final decision for distribution to the applicant and applicant’s representative.

(b) Appeal of a Type II Decision. For an appeal regarding a decision subject to a Type II process, the city shall schedule a public hearing to be held by the planning commission not more than 35 days from the date a complete appeal was timely filed. Notice and a staff report shall be provided, a public hearing shall be conducted, and a decision shall be made and noticed regarding the appeal as for applications subject to a Type III process in CBDC 17.130.100.

(c) Appeal of a Type III Decision. For an appeal regarding a decision subject to a Type III process, the city shall schedule a public hearing to be held by the city council not more than 35 days from the date a complete appeal was timely filed. Notice and a staff report shall be provided, a public hearing shall be conducted, and a decision shall be made and noticed regarding the appeal as for applications subject to a Type III process in CBDC 17.130.100.

(6) Review on the Record.

(a) The record on appeal of a Type III decision shall be limited to:

(i) A factual report prepared by the director.

(ii) All exhibits, materials, pleadings, memoranda, stipulations and motions submitted by any party and received or considered in reaching the decision under review.

(iii) The written transcript or electronic recording of the hearing and a detailed summary of the evidence.

(b) The appeal authority shall make its decision based upon the record after first granting the right of argument on the record, but not the introduction of additional evidence, to any party who has filed a notice of appeal. The appeal authority shall decide if the correct procedure was followed and, if so, was the correct or appropriate decision made based on the applicable policies.

(7) Review Body Decision.

(a) Upon review, the appeal authority shall by final order affirm, reverse or modify in whole or part a determination or requirement of the decision that is under review.

(i) When the appeal authority modifies or renders a decision that reverses a decision, the final order shall set forth its findings and state the reasons for taking the action.

(ii) When the appeal authority modifies or renders a decision, the final order shall set forth its findings and state the reasons for taking the action.

(iii) When the appeal authority remands the matter back to the lower review body for further consideration as it deems necessary, it shall include a statement explaining the error to have materially affected the outcome of the original decision and the action necessary to rectify such.

(b) Action by the appeal authority shall be decided by a majority vote of its members present at the meeting at which review was made and shall be taken either at that or any subsequent meeting. Pursuant to ORS 227.178, the city shall issue the final decision within 120 calendar days from the date the application was deemed technically complete unless the applicant agrees to extend the 120-calendar-day timeline or unless state law provides otherwise. In no case shall the review body render its decision later than 60 calendar days after the filing of the request for review. The city shall file the final decision within five working days after it is rendered. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.140 Expiration and extension of decisions.

(1) Except as otherwise expressly provided by the Coos Bay Development Code or the decision in question, decisions made pursuant to this chapter expire four years after the effective date of the decision unless, within that time, the applicant or a successor in interest files an application for an extension of the decision or the permit is inaugurated as defined in Chapter 17.150 CBDC. Approval of a preliminary subdivision or partition shall expire within five years from the date of approval.

(2) An application for extension of a decision is subject to a Type I process. An applicant for an extension shall submit the requisite fee, a completed application review form provided for that purpose by the city, and text describing how the application complies with the approval criteria for an extension, and basic facts and other substantial evidence to support the text.

(3) The director may approve two one-year extensions of a decision if he or she finds that:

(a) Relevant facts and the law have not changed substantially since the original approval.

(b) The application can comply with the law in effect on the date the application for the extension was filed by complying with applicable additional and/or modified conditions of approval, and those additional conditions and/or modifications are adopted.

(c) The applicant must demonstrate that he or she has pursued development in good faith as evidenced by progress by evidence of application for final permits, property surveying, engineering or compliance with project conditions specified when the project was approved.

(d) At the director’s discretion, any extension application may be referred to the planning commission for action. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016].

17.130.145 Modifications to permits.

Modifications to previously issued permits may be issued subject to the following:

(1) A modification in density or intensity of use of 10 percent or less than the approved density and intensity of use that will not affect the design, use or intent of the originally approved project is considered a minor modification and may be reviewed and authorized by the director in compliance with the requirements of CBDC 17.130.080 (Type I procedure). The director shall determine whether a proposed project modification is of a minor or major nature.

(2) Modification exceeding the limitations of subsection (1) of this section are considered major modifications subject to review by the authorizing authority and review procedures of the originally approved project.

(3) Major modifications to Type II permits shall require compliance with the requirements of CBDC 17.130.090.

(4) Minor modifications to Type II permits shall require compliance with the requirements of CBDC 17.130.080.

(5) Major modifications to Type III permits shall require planning commission review and approval pursuant to the requirements of CBDC 17.130.100.

(6) Minor modifications to Type III permits may be approved by the director. The director, at his/her discretion, may refer the minor modification to the planning commission. [Ord. 532 § 2 (Att. B), 2020; Ord. 518 § 8 (Exh. 1), 2019].

17.130.150 Revocation of Type II and Type III permits.

(1) Revocation of Type II and Type III permits may be initiated by the director with a 60-day notification by mail to a property owner that the permit requirements are not being satisfied. Notification to surrounding property owners will be provided pursuant to CBDC 17.130.120(1)(a) through (d) and (g) through (i). Notification will include a statement that the revocation determination can be reviewed at City Hall during working hours and that copies can be obtained for a fee equal to the city’s cost for providing the copies.

(2) Revocation or Amendment by the Director. The director may revoke or amend a Type II permit if s/he finds that:

(a) The Type II use or development is not consistent with its authorization or other applicable standards of this title; and

(b) The applicant has failed to remedy the alleged violation within 60 calendar days after the director mails notice of the alleged violation to the operator and/or owner of a Type II use or development.

(3) Revocation of Type II and Type III permits are subject to CBDC 17.130.130, Appeal.

(4) Revocation by the Planning Commission. The planning commission may revoke or amend a Type III permit if they find that:

(a) The Type III use or development is not consistent with its authorization or other applicable standards of this title; and

(b) The applicant has failed to remedy the alleged violation within 60 calendar days after the director mails notice of the alleged violation to the operator and/or owner of a Type III use or development. [Ord. 518 § 8 (Exh. 1), 2019].

17.130.160 Post-decision review.

(1) Generally. Post-decision review may change decisions and conditions of approval without necessarily subjecting the change to the same procedures as the original decision. Changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits or laws. Post-decision review cannot substantially change the nature of the development approved pursuant to a given decision and can only be conducted regarding a decision that approves or conditionally approves an application. An application that is denied is not eligible for post-decision review.

(2) Eligibility and Contents. An applicant or successor in interest may, at any time, file an application for post-decision review of a Type I, II or III decision, describing the nature of and the basis for the proposed change to the decision, including the applicable facts and law, together with the fee prescribed for that application by the city council.

(3) Relationship to an Appeal. An application for post-decision review does not extend the deadline for filing an appeal of the decision being reviewed and does not stay appeal proceedings.

(4) Preliminary Processes.

(a) Pre-application review is optional.

(b) An application for post-decision review is subject to technical completeness review, CBDC 17.130.050; provided, the review authority shall not require an application for post-decision review to contain information that is not relevant and necessary to address the requested change or the facts and law on which it is based. As part of the technical completeness review, the director shall:

(i) Determine whether the proposed change can be reviewed as a post-decision review or shall be subject to a new application on the merits of the request;

(ii) Classify an application for post-decision review as a Type I, II or III process based on the circumstances of the original decision and the guidelines in subsection (5) of this section.

(c) Notify the applicant in writing of the determination and classification.

(i) The classification of the application is subject to appeal as part of the decision on the merits of the post-decision review.

(ii) A decision denying post-decision review and requiring a new application may be appealed to the planning commission.

(5) Post-Decision Review Guidelines.

(a) An application for post-decision review of a Type I decision shall be subject to a Type I process.

(b) An application for post-decision review of a Type II decision shall be subject to a Type I process if the director finds the requested change:

(i) Is consistent with the applicable law or variations permitted by law, including permits to which the development is subject; and

(ii) Does not involve an issue of broad public interest, based on the record of the decision.

(c) An application for post-decision review of a Type II decision shall be subject to a Type II process if it does not qualify for a Type I process.

(d) An application for post-decision review of a Type III decision shall be subject to a Type I review process if the director finds the requested change:

(i) Unambiguously reduces the adverse impacts of the development authorized by the decision;

(ii) Is consistent with the applicable law or variations permitted by law, including permits to which the development is subject; and

(iii) Does not involve an issue of broad public interest, based on the record of the decision.

(e) An application for post-decision review of a Type III decision shall be subject to a Type II review process if director finds the requested change:

(i) Is needed to address a minor change in the facts or the law, including permits to which the development is subject;

(ii) Involves limited discretion; and

(iii) Does not involve an issue of broad public interest, based on the record of the decision.

(f) An application for post-decision review of a Type III decision shall be subject to a Type III review process if it is not subject to Type I or II review.

(g) Modifications to a decision other than by a timely appeal or post-decision review shall be by new application. [Ord. 518 § 8 (Exh. 1), 2019; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.130.150].