Chapter 18.160 DECISION PROCESSES

Chapter 18.160
DECISION PROCESSES

Sections:

18.160.020 Type I – Administrative decisions.

18.160.030 Type II – Limited land use decisions.

18.160.040 Type III – Quasi-judicial land use decisions.

18.160.050 Type IV – Legislative land use decisions.

18.160.010 Decision process chart.

The following chart shall control the processes to be followed for decisions and actions related to the use and development of land:


Decision Process Chart
Request	Decision Type
Request	I	II	III	IV	ELD
Sign permit	4
Building permit	4
Fence permit	4
Public works permit	4
Historic structure: change in use, modification, or demolition			4
Demolition permit (other than historic structure)	4
Commercial timber harvest plan	4
Development permit within geologic hazard overlay and flood hazard overlay		4	R
Property line adjustment		4	R
• Survey map	4
Partition plan		4	R		O
• Approval of final plat	4
• Modification	4
Subdivision plan			4	D	O
• Approval of final plat	4
• Immaterial modification	4
• Material modification			4
Design review/site review		4	R
Zero lot line development		4
Redivision plan for large lots	4
Variance permit			4
• Administrative variance	4
Similar use permit			4
Temporary use permit		4
Conditional use permit (or modification of)			4
Nonconforming use permit (modification or expansion of)			4
Text amendment (comprehensive plan or RMC Titles 17 and 18)				4
Zoning map amendment				4
Comprehensive plan map amendment				4
Forestry operations within the watershed zone	4

✔= Decision process.

R = Hearing may be requested by staff due to complexity, size or location.

O = Developer has option under ORS 197.360 – 197.380 on qualified applications.

D = May be brought to a hearing at the discretion of the applicant or city council.

(Ord. 974 § 4 (Exh. A.2 § 7.6), 1998)

18.160.020 Type I – Administrative decisions.

A. Definition. An administrative decision is one that requires no interpretation or exercise of policy or legal judgment in evaluating approval criteria. Because the decision is made according to specific criteria where no discretion is involved, administrative decisions do not qualify as land use or limited land use decisions as defined by ORS 197.015.

B. Policy. All administrative decisions shall be processed as Type I decisions. Type I decisions include: sign permits; building permits (not in an overlay zone); fence permits (not needing an exception); public works permits; demolition permits (not for historic structures); commercial timber harvest plans; survey maps for property line adjustments; final plat approval or modification on partitions and subdivisions (not material modifications); redivision plans for large lots; and administrative variances.

C. Notice. A Type I decision requires no notice to any party other than the applicant.

D. Decision Authority. Type I decisions shall be determined by designated members of staff. Staff may approve, approve with conditions, or deny the application.

E. Appeals. Type I decisions are final and are not appealable by any party through the normal land use process. Type I decisions may only be appealed through a writ of review proceeding to circuit court. (Ord. 974 § 4 (Exh. A.2 § 7.7), 1998)

18.160.030 Type II – Limited land use decisions.

A. Statutory Definition. A limited land use decision, as defined in ORS 197.015(12), is “a final decision or determination made by a local government pertaining to a site within an urban growth boundary which concerns (a) the approval or denial of a subdivision or partition, as described in ORS Chapter 92, and (b) the approval or denial of an application based on discretionary standards designed to regulate the physical characteristics of a use permitted outright, including but not limited to site review and design review.”

In general, a limited land use decision involves the exercise of limited interpretation and discretion in evaluating approval criteria, where approval or denial is based on discretionary standards that regulate the physical characteristics of an outright use. The review typically focuses on what form the use will take or how it will look.

B. Policy. All limited land use decisions shall be processed as Type II decisions. The city shall also process as Type II decisions those applications deemed to be more discretionary than administrative, but not so discretionary as to qualify as a land use decision under ORS 197.015(10). Type II decisions include: development permits within the geologic hazard overlay or flood overlay; property line adjustments; partition plans; design review/site review; zero lot line development; temporary use permits; and final subdivision plats.

C. Type III Referral. Should a conceptual plan raise substantial questions as to its ability to be accomplished within the city’s standards, or, because of its size, location or complexity be likely to raise concern from a substantial portion of nearby property owners or citizens or from governing public agencies, staff shall deem such an application as a Type III decision and shall refer the application to the planning commission for a public hearing and final decision.

D. Notice. Notice for Type II decisions shall be provided in accordance with the provisions of ORS 197.195 and as follows:

1. A notice of application and an invitation to comment shall be mailed to property owners within 250 feet of the site and to any recognized neighborhood or community organizations whose boundaries include the site or whose resources may be impacted by the proposal (such as Friends of Fox Creek or the Rainier Diking District).*

*Code reviser’s note: Ord. 1020 (Exh. A) provides, in part, as follows: “Based upon unforeseeable and special issues particular to the subject property, the City Council may at the time of scheduling the public hearing increase the public hearing notification area beyond the area specified by the code section being considered.”

2. Notice shall also be provided to the Rainier rural fire district (RRFD), Rainier police department, and ODOT.

3. Notice should be provided to any other public agency or utility whose property, services or facilities may be affected, such as Columbia County, the Port of St. Helens, DSL, DEQ, the State Marine Board, Oregon Parks, Columbia River PUD, and PGE. The reviewing staff shall determine the extent of notice to the additional public agencies or utilities based on perceived interest or impact.

E. Notice Content.

1. The notice of application shall state that issues for appeal must be specific and raised in writing prior to the expiration of the comment period;

2. The notice shall briefly summarize the local decision making process; and

3. The notice shall minimally include the following information:

a. The criteria to be used in the decision;

b. A brief description of the proposal, including the street address of the subject property and the action that would occur upon approval;

c. A specific place, date and time that comments are due;

d. Information as to where and when the application and supporting documents may be reviewed; and

e. The name and number of the city contact person.

F. Fourteen-Day Comment Period. A 14-day period shall be provided during which any party may submit written comments before a decision is made. Staff shall consider all comments and recommendations in the final decision and shall have the authority to impose any conditions deemed necessary to approve the application.

G. Decision Authority. Type II decisions shall be determined by designated members of staff. Staff may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within the city’s land use regulations and shall be accompanied by brief findings and a notice of decision.

H. Notice of Decision. The notice of decision shall be provided, in writing, to the applicant and all parties who submitted comments. The notice shall include:

1. A brief statement explaining the criteria and standards considered relevant to the decision;

2. A statement of the facts relied upon in rendering the decision;

3. Findings or justifications for the decision based on the criteria, standards and facts set forth; and

4. An explanation of the appeal rights.

I. Timing of Decision. Final action on an application for a permit, limited land use decision or zone change, including resolution of all local appeals, shall be taken within 120 days after the application is deemed complete.

J. Appeals. A Type II decision may be appealed to the planning commission by any party with standing (the applicant and any party who submitted comments during the 14-day period); provided, that a written petition to appeal the decision and the required fee is submitted to the city within 10 days of written notice of the decision. The planning commission shall conduct an appeal hearing and shall review all evidence used in staff’s decision. No new information may be raised to the planning commission on appeal. Notice of the appeal hearing shall be provided as required for quasi-judicial (Type III) public hearings. The planning commission decision on an appeal is the city’s final decision and is appealable to the land use board of appeals (LUBA) within 21 days of written notice of the decision. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 7.8), 1998)

18.160.040 Type III – Quasi-judicial land use decisions.

A. Statutory Definition. A land use decision, as defined in ORS 197.015(10), includes final decisions or determinations concerning the adoption, amendment or application of the goals, a comprehensive plan provision, a land use regulation, or a new land use regulation. A land use decision does not include decisions that are made under land use standards which do not require interpretation or the exercise of policy or legal judgment, or limited land use decisions and expedited land divisions.

In general, land use decisions require the greatest amount of discretion and the evaluation of subjective approval standards, and can be legislative or quasi-judicial decisions.

B. Policy. Quasi-judicial land use decisions (except quasi-judicial map amendments) shall be processed as Type III decisions. Type III decisions include: the change in use, modification or demolition of a historic structure; subdivision plans and material modifications of approved plans; variance permits; similar use permits; conditional use permits; nonconforming use permits; and certain applications deemed by staff to be Type III decisions, such as development permits within geologic hazard and flood overlays, property line adjustments, partition plans, and design review.

C. Notice. Notice for Type III decisions shall be provided in accordance with the provisions of ORS 197.763 and as follows:

1. Notice shall be published in a newspaper of general circulation at least 10 days before the hearing;

2. Notice shall be posted in three conspicuous public places in the city at least 20 days before the hearing;

3. Notice shall be sent by mail at least 20 days before the hearing to:

a. The applicant or representative;

b. All property owners of record within 250 feet of the boundaries of the subject property;*

c. Any recognized neighborhood or community organizations whose boundaries include the site or whose resources may be impacted by the proposal (such as Friends of Fox Creek or the Rainier Diking District);

d. The Rainier rural fire district (RRFD), Rainier police department, and ODOT; and

e. Any other public agency or utility whose property, services or facilities may be affected, such as Columbia County, the Port of St. Helens, DSL, DEQ, the State Marine Board, Oregon Parks, Columbia River PUD, and PGE. The reviewing staff shall determine the extent of notice to the additional public agencies or utilities based on perceived interest or impact;

4. Notice shall be sent by mail to the Department of Land Conservation and Development (DLCD) at least 45 days prior to the final local hearing on any proposed amendment to the comprehensive plan map or zoning map (legislative and quasi-judicial amendments).

D. Notice Content. The public notice shall contain:

1. The name of the applicant or representative and city case file number;

2. A description of the subject property to inform the reader of its location;

3. A concise description of the proposed development action and a listing of review standards;

4. A statement that the complete application, standards and other such information are available at City Hall for review, and the phone number of a city contact person;

5. Designation of the review authority and the time, date and place of the hearing;

6. A statement that all interested persons may appear and provide testimony and that only those making an appearance of record shall be entitled to appeal; and

7. A statement that a copy of the staff report will be available for inspection at least seven days prior to the hearing.

E. Decision Authority. The planning commission shall conduct a public hearing and shall decide on all Type III decisions. After review of all evidence submitted into the record the planning commission may:

1. Approve or deny all or part of the application;

2. Approve all or part with modifications or conditions of approval; or

3. Continue the public hearing and defer a decision to a time and date certain.

F. Announcement of Decision. No decision is final for the purposes of appeal until it has been reduced to writing and signed by the planning commission or its designee. The planning commission may announce a tentative decision at the close of the public hearing.

G. Basis for Decision. The approval or denial of any land use decision shall be based upon substantial evidence in the record that addresses the pertinent standards and criteria set forth within the city’s land use regulations.

H. Findings and Conclusions. The planning commission shall provide brief and concise findings of fact, conclusions and an order for all development approvals, conditional approvals or denials. The findings shall set forth the criteria and standards considered relevant to the decision, state the facts relied upon and briefly indicate how those facts support the decisions.

I. Notice of Decision. Written notice of the decision shall be provided to the applicant and all parties who submitted comments orally or in writing. The notice of the decision shall clearly set forth deadlines, criteria and fees for filing an appeal.

J. Timing of Decision. Final action on an application for a permit, limited land use decision or zone change, including resolution of all local appeals, shall be taken within 120 days after the application is deemed complete.

K. Appeals. A decision of the planning commission may be appealed only if, within 14 calendar days after written notice of the decision is provided to the parties:

1. A party files an appeal petition and pays the required fee; or

2. The city council directs that an appeal be initiated.

The city council shall consider appeals of planning commission decisions by conducting an appeal hearing on the record. Only issues in the record before the planning commission, whether raised in writing or orally, shall be raised before the city council. Notice of the appeal hearing shall be provided in the same manner and to the same parties as for the initial hearing. Notice of the city council decision on the appeal, describing further appeal options, shall be provided to all parties to the proceeding within seven days of the decision. The decision of the city council shall be final unless an appeal is filed with the land use board of appeals within 21 calendar days of the notice of decision. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 7.9), 1998)

18.160.050 Type IV – Legislative land use decisions.

A. Definition. Legislative land use decisions are those land use decisions that apply to the general population and prescribe policy.

B. Policy. Legislative land use decisions shall be processed as Type IV decisions. Type IV decisions include amendments to the text of the comprehensive plan or RMC Title 17 or 18; and amendments to the comprehensive plan map or the zoning map (whether for an individual property or for many properties).

C. Notice for Text Amendments. Notice of the planning commission hearing on a proposed amendment to the text of the comprehensive plan or RMC Title 17 or 18 shall be provided as follows:

1. By publication of a notice giving the time, date, place, and purpose of the hearing in a newspaper of general circulation within the city not less than 20 days prior to the date of the hearing;

2. By posting a notice in three conspicuous public places in the city not less than 20 days prior to the date of the hearing;

3. By mail to the Department of Land Conservation and Development (DLCD) at least 45 days prior to the final local hearing; and

4. By such other notice as the planning commission may deem desirable.

D. Notice for Map Amendments. Notice on quasi-judicial amendments to the comprehensive plan map or zoning map shall be provided in accordance with the notice provisions for Type III decisions. Notice of the planning commission hearing on legislative amendments to the comprehensive plan map or zoning map shall be provided as follows:

1. By publication of a notice giving the time, date, place, nature of the proposed change and purpose of the hearing in a newspaper of general circulation within the city not less than 20 days prior to the date of the hearing;

2. By posting notice in three conspicuous public places in the city not less than 20 days prior to the date of the hearing;

3. By mail to the owners of any property that is included in the proposed amendment not less than 20 days prior to the date of the hearing. Includes every property owner affected (or potentially affected, as per Measure 56). Includes adjoining property owners within 250 feet;*

4. By mail to the Department of Land Conservation and Development (DLCD) at least 45 days prior to the final local hearing; and

5. By such other notice as the planning commission may deem desirable.

E. Notice Content. The public notice shall contain:

1. The city case file number;

2. A description of the proposed amendment, including the specific text to be changed or, in the case of a map amendment, the specific properties to be rezoned or redesignated;

3. A listing of review standards;

4. A statement that the complete application, standards and other such information are available at City Hall for review, and the phone number of a city contact person;

5. Designation of the review authority and the time, date and place of the hearing;

6. A statement that all interested persons may appear and provide testimony and that only those making an appearance of record shall be entitled to appeal; and

7. A statement that a copy of the staff report will be available for inspection at least seven days prior to the hearing.

F. Decision Authority. The planning commission shall conduct an initial public hearing on all Type IV decisions and shall make a recommendation to the city council to approve, approve with conditions, or deny the application. The city council shall conduct a final public hearing and shall make a decision on all Type IV decisions.

G. Announcement of Decision. No decision is final for the purposes of appeal until it has been reduced to writing and signed by the city council or its designee. The planning commission and city council may announce a tentative decision at the close of each public hearing.

H. Basis for Decision. The approval or denial of any land use decision shall be based upon substantial evidence in the record that addresses the pertinent standards and criteria set forth within the city’s land use regulations.

I. Findings and Conclusions. The decision shall include brief and concise findings of fact, conclusions and an order for all development approvals, conditional approvals or denials. The findings shall set forth the criteria and standards considered relevant to the decision, state the facts relied upon and briefly indicate how those facts support the decision.

J. Notice of Decision. Written notice of the decision shall be provided to the applicant and all parties who submitted comments orally or in writing. The notice of the decision shall clearly set forth deadlines, criteria and fees for filing an appeal.

K. Timing of Decision. Final action on an application for a permit, limited land use decision or zone change, including resolution of all local appeals, shall be taken within 120 days after the application is deemed complete. Decisions to amend the comprehensive plan or land use regulations, or to adopt a new land use regulation, are not subject to the 120-day rule when notice was provided to DLCD within 45 days of the final local hearing as required under ORS 197.610(1).

L. Appeals. The decision of the city council shall be final unless an appeal is filed with the land use board of appeals within 21 calendar days of the notice of decision. A decision not to adopt a legislative amendment or new land use regulation is not subject to appeal, unless the amendment is necessary to address the requirements of a new or amended goal, rule or statute. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 7.10), 1998)