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A. Preapplication Conference. A preapplication conference is required for Type II applications. Preapplication conference requirements and procedures are in TMC 18.190.080(C).

B. Application Requirements.

1. Application Forms. Type II applications shall be made on forms provided by the city planner;

2. Submittal Information. The application shall include:

a. The information requested on the application form;

b. Be filed with three copies of a narrative statement that explains how the application satisfies each and all of the relevant criteria and standards in sufficient detail for review and decision-making;

c. Be accompanied by the required fee.

C. Notice of Application for Type II Administrative Decision.

1. Before making a Type II administrative decision, the city planner shall mail notice to:

a. All owners of record of real property within 250 feet of the subject site;

b. All city recognized neighborhood groups or associations whose boundaries include the site;

c. Any person who submits a written request to receive a notice; and

d. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city. The city may notify other affected agencies, as appropriate, for review of the application. The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application, before the Type II decision is made. The goal of this notice is to invite people to participate early in the decision-making process; and

2. Notice of a pending Type II administrative decision shall:

a. Provide a 14-day period for submitting written comments before a decision is made on the permit;

b. List the relevant approval criteria by name and number of code sections;

c. State the place, date, and time the comments are due, and the person to whom the comments should be addressed;

d. Include the name and telephone number of a contact person regarding the administrative decision;

e. Identify the specific permits or approvals requested;

f. Describe the street address or other easily understandable reference to the location of the site;

g. State that if any person fails to address the relevant approval criteria with enough detail, they may not be able to appeal to the Land Use Board of Appeals or circuit court on that issue. Only comments on the relevant approval criteria are considered relevant evidence;

h. State that all evidence relied upon by the city planner to make this decision is in the public record, available for public review. Copies of this evidence can be obtained at a reasonable cost from the city;

i. State that after the comment period closes, the city planner shall issue a Type II administrative decision. The decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice;

j. Contain the following notice: “Notice to mortgagee, lienholder, vendor, or seller: the city of Talent Zoning Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.”

D. Administrative Decision Requirements. The city planner shall make Type II written decisions addressing all of the relevant approval criteria and standards. Based upon the criteria and standards, and the facts contained within the record, the city planner shall approve, approve with conditions, or deny the requested permit or action.

E. Notice of Decision.

1. Within five working days after the city planner signs the decision, notice shall be sent by mail to:

a. Any person who submits a written request to receive notice, or provides comments during the application review period;

b. The applicant and all owners or contract purchasers of record of the site which is the subject of the application;

c. Any governmental agency, which is entitled to notice under an intergovernmental agreement entered into with the city, and other agencies, which were notified or provided comments during the application review period.

2. The city planner shall cause an affidavit of mailing and posting of the notice to be prepared and made a part of the file. The affidavit shall show the date the notice was mailed and posted, and shall demonstrate that the notice was mailed to the people and within the time required by law.

3. The Type II notice of decision shall contain:

a. A description of the applicant’s proposal and the city’s decision on the proposal (i.e., may be a summary);

b. The address or other geographic description of the property proposed for development, including a map of the property in relation to the surrounding area, where applicable;

c. A statement of where the city’s decision can be obtained;

d. The date the decision shall become final, unless appealed;

e. A statement that all persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision;

f. A statement briefly explaining how an appeal can be filed, the deadline for filing an appeal, and where further information can be obtained concerning the appeal process; and

g. A statement that either the appellant (the person who files the appeal) is the applicant, someone who has standing to appeal, or is a person adversely affected or aggrieved. Additional evidence related to the planning action and the conditions of approval listed in the notice of appeal (see subsection (E)(5) of this section) may be submitted by any person with standing to appeal during the appeal hearing, subject to any rules of procedure adopted by the planning commission.

4. Final Decision and Effective Date. A Type II administrative decision is final for purposes of appeal, when it is mailed by the city. A Type II administrative decision is effective on the day after the appeal period expires. If an appeal is filed, the decision is effective when the appeal is decided.

5. Appeal. A Type II administrative decision may be appealed to the planning commission as follows:

a. Who May Appeal. The following people have legal standing to appeal a Type II administrative decision:

i. The applicant;

ii. Any person who was mailed written notice of the Type II administrative decision;

iii. Any other person who participated in the proceeding by submitting written comments;

iv. Any person who is adversely affected or aggrieved.

b. Notice of Appeal. Any person with standing to appeal, as provided in subsection (E)(5)(a) of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures:

i. Time for Filing. A notice of appeal shall be filed with the city planner within 14 days of the date the notice of decision was mailed;

ii. Content of Notice of Appeal. The notice of appeal shall contain:

(A) An identification of the decision being appealed, including the date of the decision;

(B) A statement demonstrating the person filing the notice of appeal has standing to appeal;

(C) A statement explaining the specific issues raised on appeal; and

(D) Filing Fee. The amount of the filing fee shall be established by the city. The maximum fee for an initial hearing shall be the city’s cost for preparing and for conducting the hearing, or the statutory maximum, whichever is less.

c. Scope of Appeal. The appeal of a Type II administrative decision by a person with standing shall be any issue raised during the written comment period, and any other evidence submitted to the hearings body that allows additional evidence or testimony concerning any other relevant issue during a de novo hearing. The appeal shall be a de novo hearing and shall be the initial evidentiary hearing required under ORS 197.763 as the basis for an appeal to the land use board of appeals.

d. Appeal Procedures. Type II notice and hearing procedures shall be used for all Type II administrative appeals, as provided in this subsection (E).

i. Appeal to Hearings Officer. The decision of the planning commission regarding an appeal of a Type II administrative decision is the final decision of the city unless appealed to a hearings officer. An appeal to a hearings officer, appointed by the city council, shall follow the same notification and hearing procedures as for the planning commission appeal. The appeal shall be limited to the issues raised during the initial notice and the first evidentiary hearing before the planning commission. [Ord. 966 § 2 (Exh. B), 2021; Ord. 817 § 8-3M.140, 2006.]