Chapter 17.352
ESTUARINE AND COASTAL SHORELAND USES AND ACTIVITIES

Sections:

17.352.010    General.

17.352.020    Initiation.

17.352.030    Application.

17.352.040    Tentative decision.

17.352.050    Conditions.

17.352.060    Tentative order and notice.

17.352.070    Final order.

17.352.080    Appeal.

17.352.010 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 and the Coos Bay estuary plan as adopted by the city of Coos Bay. 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. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.010].

17.352.020 Initiation.

A request to permit these uses and activities may be initiated by a property owner or authorized agent through a Type I review process and application to the community development department. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.020].

17.352.030 Application.

An application may include any or all of the following items at the discretion of the director. The applicant shall provide three copies of the required information.

(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 applicable management plan and title provisions. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.030].

17.352.040 Tentative decision.

Within 15 working days of a complete application, the director 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.

The director may defer the initial review to the planning commission which shall be conducted at a public hearing. 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 17.347 CBDC, Conditional Uses. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.040].

17.352.050 Conditions.

The city may impose conditions if it finds that a use or activity may have an adverse impact on the site itself or nearby property. Conditions of approval, including those identified in Chapter 17.347 CBDC, Conditional Uses, 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 to implement them. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.050].

17.352.060 Tentative order and notice.

The review authority shall issue a written tentative order and notice containing preliminary findings of fact and conclusions of law. Upon completion of the tentative order and notice, the city shall provide notice 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.

(2) Within 10 days of the date of the order, the city shall provide written notice of the tentative decision 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:

(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. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.060].

17.352.070 Final order.

The tentative decision shall become final 15 days from the date the order is mailed. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.070].

17.352.080 Appeal.

Prior to the date that the decision becomes final, a person or agency may appeal the tentative decision by filing an appeal with the department. The planning commission shall hear the appeal at a public hearing in accordance with the applicable procedures of Chapter 17.130 CBDC, Procedures. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.370.080].