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HOP2002-00028 NOTICE OF TYPE II DECISION M� HOME OCCUPATION PERMIT (HOP) 2002-00028 U-1.11. CITY OF TIGARD PATEL HOME OCCUPATION Community43eve(opment Shaping Better Community 120 DAYS = 8/6/2002 SECTION I. APPLICATION SUMMARY FILE NAME: PATEL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00028 APPLICANT: Harish S. Patel OWNER: Same 7615 SW Beveland Street Tigard, OR 97223 PROPOSAL: The applicant proposes to use an existing home as an office use. The applicant will have one (1) additional employee working at the site. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment ZONING DESIGNATION: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 1 OF 5 CONDITION OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MATHEW SCHEIDEGGER IN THE PLANNING DIVISION AT (503) 639-4171. 1. All home occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742 must be complied with at all times. SECTION III. PUBLIC COMMENTS RECEIVED No comments were received SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. Sanitary Sewer: The applicant states that there will be no impact to the sewer system, as the home is already connected to adequate sewer. Water Supply: The applicant indicates that using the home, as an office will not have an impact on the water supply. Storm Drainage: The applicant notes that proper storm drainage has already been established and will not be changed. Parks: There are no parks near the site. Therefore, there is no impact expected to parks. Noise Impacts: The applicant will be using his home as an office with one employee. Therefore, no increase in noise is expected. Transportation: The existing property will require no additional daily vehicle trips. FINDING: Based on the information above, Staff is satisfied that the applicant has met the criteria of the impact study. Section 18.742.040 states that all home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 2 OF 5 The proposed Home Occupation is being undertaken by the property owner who is the principal occupant of the property. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be no delivery of products or supplies to the residence. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc. are anticipated based on the proposed Home Occupation business since it will be conducted indoors and involves no manufacturing or assembly. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The applicant has indicated in his application that the total area that will be used for his business will not exceed 400 square feet. Therefore, this criterion has been satisfied. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.144 of this title; No changes to the dwelling are proposed. Therefore, this standard does not apply. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There are no other Home Occupations approved for this site, therefore, this criterion does not apply. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; The proposed use is considered office. No storage of toxic or flammable materials associated with the proposed use is expected. HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 3 OF 5 No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant has one employee working at the proposed site that parks in the existing driveway. Therefore, this standard does not apply. The following uses are not allowed as home occupations: a Auto-body repair and painting. b Ongoing mechanical repair conducted outside of an entirely enclosed building. c Junk and salvage operations. d Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses, and will be an office use only, therefore, this criterion has been satisfied. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or screened area; No exterior storage of vehicles is proposed or anticipated, therefore, this criterion has been satisfied. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback; No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TDC chapter 18.742.050: (a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that there will be no signage. There will be no more than one outside employee related to the Home Occupation business. No customers will be visiting the site. The hours of operation for the business will be between 9 a.m. and 5 p.m., five (5) days a week. Parking will occur in the driveway. As previously stated, no storage of materials is proposed or anticipated. Therefore these standards are met. HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 4 OF 5 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MAY 14, 2002 AND EFFECTIVE ON MAY 30, 2002 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. ITHE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 29, 2002. I Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. c , — May 14, 2002 PREPAR D Y: athew Ide er DATE � 99 Assistant Planner J a* � May 14, 2002 APPROVED BY: Richard H. Bew rs orff DATE Planning Manager is\curpin\mathew\HOP\hop2002-00028.dec HOP2002-00028/TYPE H PATEL HOME OCCUPATION PAGE 5 OF 5 • I CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM ■ VICINITY MAP ► ON MI _p HOP2002-0008 �l DARTMOUTH ST PATE L HOME OCCUPATION -s:,..i.;„ 1 ammarmem I I ELMH f : - .1 SFERN � .� L .j RD fEpa '�ry�. ��.. ,1111111111111111111M11 HER OSO �� b., .a, , x !ENO a WRHAN lam-. . ii • r_. ;z ,,11.ST - Tpard An Map IIIIIIIIIIaaBEVEaANDaa tND ST ill III N 0 z • n 0 200 400 600 Faat GONZAGA ST 1°=400 feet City s f Tigard SW RAMP Information on this map is for general lonlion only antl .�_ should be verified with the Development Services Division. 13125 SW Hell Blvd igard,OR 97223 (503)639-4171 \ httpir www.cl.tigard.or.us i Illh6hh„ Community Development Plot date:Apr 11, 2002;C:\magic\MAGIC03.APR REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY o IGARD Community Development ShapingA Better Community DATE: April 11,2002 �� TO: Barbara Shields,Long Range Planning Manager /11(4---; • FROM: City of Tigard Planning Division /Lo STAFF CONTACT: Mathew Scheidegger,Assistant Planner(x311) Phone: (503)639-41/1/Fax: (503)684-7297 HOME OCCUPATION PERMIT(HOP)2002-00028 PATEL HOME OCCUPATION REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 25, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following i,fonnation)Name of Persons)Commenting: I Phone Numherfsl: I REQUEST FOR COMMENTS CITY OF IfOARD Community cDeve(opment Shaping Better Community DATE: April 11,2002 TO: Brian Rager,Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x3111 Phone: [503)639-4111/Fax: [503)684-1291 HOME OCCUPATION PERMIT[HOP)2002-00028 PATEL HOME OCCUPATION REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 25, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Ci 9-t ) • M "ten &a, v jAs v rsCs "77 "EL 4-II ZIbZ (T ase provide tfie farming information)Name of Persons)Commenting: l I Phone Numher(sl: I REQUEST FOR COMMENTS CITY OF TIGARD Community Development ShapingA Better Community DATE: April 11,2002 TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x311] Phone: [503)639-4171/Fax: [5031684-1291 HOME OCCUPATION PERMIT[HOP)2002-00028 PATEL NOME OCCUPATION REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 25, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the foffo'wing information)Name of Persons)Commenting: ,tin 6 l f Phone Numherfsl: Z • A, REQUEST FOR COMMENTS CI o I'GARD Community cDeve(opment Shaping Better Community DATE: April 11,2002 TO: ohn Roy,Property Manager/Public Works Department FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x317) Phone: [503)639-4171/Fax: [503)684-7297 HOME OCCUPATION PERMIT[HOP)2002-00028 PATEL HOME OCCUPATION < REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 25, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLE E CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. 7 Please contact of our office. — Please refer to the enclosed letter. Written comments provided below: — (Please provide the fofowing information)Name of Person[sl Commenting: 1 Phone Number[sl: REQUEST FOR COMMENTS CITY IGARD Community(Development Shaping Better Community DATE: April 11,2002 TO: Dennis Koellermeier,Operations Manager/Water Department FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner(x3111 Phone: [5031639-4171/Fax: [5031684-1291 HOME OCCUPATION PERMIT(HOPI 2002-00028 _ ➢ PATEL HOME OCCUPATION < REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 25, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: O7/ /3 4 ircz,f (Please provide the following information)Name of Persons)Commenting: ?jell-47 I Phone Numher[s): 3<7 A REQUEST FOR COMMENTS CIn OF'1 Community Development Shaping Better Community DATE: April 11,2002 TO: Daryl Jones,Senior Plans Examiner RECEIVED PLANNING FROM: City of Tigard Planning Division APR 1 7 2002 STAFF CONTACT: Mathew Scheidegger,Assistant Planner(x311) CITY OF TIGARD Phone: (503)639-4111/Fax: (503)684-1291 HOME OCCUPATION PERMIT(HOP)2002-00028 PATEL HOME OCCUPATION < REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 25, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: hI / S zL uG � f / c'v��v� , L/O7T /1 d/4Qrr/2G "eyu ,4141 ,�i��f a6�1� s G . (Please provide the farming information)Name of Personts)Commenting: I Phone Numberfs): I REQUEST FOR COMMENTS Can of IGARD Community cDeve(opment Shaping cBetter Community DATE: April 11,2002 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner 1x311) Phone: 15031639-4111/Fax: [503)684-1291 HOME OCCUPATION PERMIT[HOPI 2002-00028 ➢ PATEL HOME OCCUPATION < REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 25, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the foffowing information)Name of Personisl Commenting: I Phone Numher[sl: I • - CITY TIGARD REQUEST FOR COh .NTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS J FILE NOS.: ( _"' r ."- — -_iik • .D._.. FILE NAME: -{ I- el CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central East ESouth ❑West EProposal Descrip.in Library CIT Book CITY OFFICES ' ONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. 4OLICE DEPT./Jim Wolf,Crime Prevention Officer ✓BUILDING DIVISION/Gary Lampella,Building Official /ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer f WATER DEPT./Dennis Koellermeier,Operations Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder a PUBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Matt Stine,Urban Forester PLANNER–POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.D./Sherman Casper,Permit Coord.(SDRICUP re:r1F) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.* ALATIN VALLEY FIRE&RESCUE * _ TUALATIN VALLEY WATER DISTRICT Of _ CLEANWATER SERVICES Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,Development Services PO Box 369 PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris Mel Huie,Greenspaces Coordinator(CPAZOA) Larry French(Comp Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY * _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D. Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedines in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division(Monopole Towers) 155 N.First Avenue CITY OF LAKE OSWEGO * Routing TTRC–Attn: Renae Ferrera Tom Highland,Planing Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 _Brent Curtis(CPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Anne LaMountain(IGAruRe) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Sonya Kazen,Development Review Coordinator Phil Healy(iGAJuRe) David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(vacat,ons) _Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer(cewzcA)Ms,. 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims(zCA)MS is Portland,OR 97204 _Doria Mateja(zcA)Ms to WCCCA(911)(Monopole Towers■ _ODOT,REGION 1 -DISTRICT 2A Dave Austin Jane Estes,Permit Specialist 17911 NW Evergreen Parkway 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97006 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) — Robert I. Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _AT&T CABLE —TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Pat McGann (If Project is Within V.Mile of A Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY —VERIZON _ QWEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Jeri Cella, Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 _ AT&T CABLE,use,Eveaysmvew) — Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:tpatty\masters\Request For Comments Notification List 2.doc (Revised: 8-Mar-02) MAILING / NOTIFICATION RECORDS • A AFFIDAVIT OF MAILING L" CITY OF TIOARD Community cDevefopment Shaping Better Community I, cPatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of7igar Washington County, Oregon and that I served the following: (Check Appropnate Box(s)Below) © NOTICE OF DECISION FOR: HOP2002-00028/PATEL HOME OCCUPATION 0 AMENDED NOTICE (File No/Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",and by reference made a part hereof, on May 14,2002,and deposited in the United States Mail on May 14,2002, postage prepaid. ditea-- . OVA , ifT7L (Person that Pr pare. 'otice) STATE OE OGON ) County of ff Was ington )ss. City of Tigard ) Si-- Subscribed and sworn/affirmed before me on the .9( day of , 2002. f r. OFFICIAL SEAL ` 'r /I •f_ .dAll I".-°.. DIANE M JELDERKS I ' ' i I I ; I / ' .. NOTARY PUBLIC-OREGON My Commission Expi e �/J c�� COMMISSION NO.326578 ` MY COMMISSION EXPIRES SEPT.07,2003 t / / / • EXIP ' NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-000281' CITY OF TIGARD Community PATEL HOME OCCUPATION Shaping getter Community 120 DAYS = 8/6/2002 SECTION I. APPLICATION SUMMARY FILE NAME: PATEL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00028 APPLICANT: Harish S. Patel OWNER: Same 7615 SW Beveland Street Tigard, OR 97223 PROPOSAL: The applicant proposes to use an existing home as an office use. The applicant will have one (1) additional employee working at the site. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment ZONING DESIGNATION: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. LOCATION: 7615 SW Beveland Street; WCTM 2S101 AB, Tax Lot 1500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. • SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MAY 14, 2002 AND BECOMES EFFECTIVE ON MAY 30, 2002 UNLESS AN APPEAL IS FILED. App. . eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 29, 2002. I Questions: For further information please contact the Planning Division Staff Planner, Mathew Scheidegger at (503) 639-4171 , Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 1 CITY of TIGARD I VICINITY MAP 411\ I r L w. HOP2002-00028 _ ST PATEL HOME OCCUPATION I r g us=OGA an n : 1.%(!;_).1,,,T f*:-)4/'—i--L•fe'>1Z • S I N„..,. 700 400 MO FeM .00 x iiii,11 .161.111, Ad_ 1 \ \ wr..r`rMP •M.r .LX II 2S 101 B D-00100 2S 101 B D-00200 ACKERLY COMMUNICATIONS OF GAGE INDUSTRIES THE NORTHWEST INC PO BOX 1318 3601 6TH AVE S LAKE OSWEGO,OR 97035 SEATTLE, WA 98134 2S101AB-01502 2S101AB-01501 ANDERSON ARDELLE C JOENS JOHN D MARJORIE A 7565 SW HERMOSO WAY PMB 162 TIGARD, OR 97223 11575 SW PACIFIC HWY TIGARD,OR 97223 2S10113D-00105 2S101AB-01608 B R&G CO LLC KOBERLEIN GERRY GENE PO BOX 23009 7455 SW BEVELAND RD TIGARD,OR 97281 TIGARD,OR 97223 2S101AB-01800 2S101AB-01402 BOEHM GENE G BEATRICE G LYMAN RODNEY C MARGARET 7380 SW HERMOSA WAY 7395 SW HERMOSO WY TIGARD,OR 97223 TIGARD,OR 97223 2S101AB-01403 2S101BA-00401 COLWELL GREGGORY W MARTIN GORDON R&SHEILA 7435 SW HERMOSO WAY 12265 SW 72ND TIGARD,OR 97223 TIGARD,OR 97223 2S101 BA-00200 2S 101 BA-00300 COSTCO WHOLESALE CORPORATION MARTIN GORDON RICHARD& ATTN: EXCISE TAX DEPT 111 MARTIN GORDON STEVEN 999 LAKE DR PO BOX 740 ISSAQUAH,WA 98027 GLENEDEN BEACH,OR 97388 2S 101 AB-02702 2S 101 AB-01400 EAGLE HARDWARE&GARDEN INC MARTIN GORDON S& ATTN:TAX DEPT(TA3) MARTIN GORDON R PO BOX 1111 BY IPM NORTH WILKESBORO, NC 28656 721 SW OAK ST#100 PORTLAND,OR 97205 2 101 AB-02701 2S 101 AB-02703 EAR HARD •'E&GARDEN INC MCCAFFERY HUGH R&NANCY J TRS ATTN: % PT(TA3) 7450 SW BEVELAND ST STE 100 PO : ' 111 TIGARD,OR 97223 •RTH WILKES:ORO, NC 28656 2S101AB-02700 2S101AB-02704 EAR E HARD 'E& GARDEN INC NEWHAM DAVID ALLEN&BARBARA AN ATTN: • DEPT(TA3) 14060 SW HIGH TORR DR PO :, 11 TIGARD,OR 97224 •RTH WILKESBORO,NC 28656 2S 101 AB-01600 2S 101 AB-01607 ERDLE WILLIAM J RAND STEPHEN C 7405 SW BEVELAND RD 7540 SW HERMOSO WAY TIGARD,OR 97223 TIGARD,OR 97223 • 2S 101 AB-01700 ROTH ALAN D AND LINDA A 7420 SW HERMOSO WAY TIGARD, OR 97223 2S 101 AB-01605 ROVIG CAROLE A 7460 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01500 SJP LLC 7615 SW BEVELAND RD TIGARD, OR 97223 2S101AB-01609 TRIANGLE PROPERTIES 7505 SW BEVELAND RD TIGARD,OR 97223 2S 101 AB-01404 VON RENCHLER MARVIN J & MARY E 7475 SW HERMOSO WAY TIGARD,OR 97223 2S101AC-01900 WASHINGTON COUNTY SCHOOL DISTRICT NO.23 6960.SW SANDBURG ST TIGARD,OR 97223 2S101 BD-00103 WILLAMETTE INDUSTRIES- PREPRINT DIVISION 1300 SW FIFTH AVE STE 3800 PORTLAND,OR 97201 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: December 27, 2001 ` y�l AFFIDAVIT OF MAILING CITY OF TIOARD Community'Deveropmen t Skapingt7 cBetterCommunity I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of-Tigard;Washington County, Oregon and that I served the following: (Check Appropnate Box(s)Below) © NOTICE OF DECISION FOR: HOP2002-00028/PATEL HOME OCCUPATION ❑ AMENDED NOTICE (File No/Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on May14,2002, and deposited in the United States Mail on May 14,2002, postage prepaid. f , (Person that Prepared Notice) s / V STA'1rE OE oEGoal ) County of Washington )ss. City of'Tigard ) Subscribed and sworn/affirmed before me on the r3/ S day of ��L , 2002. ,'••. OFFICIAL SEAL �1 / / wa= ' DIANE M JELDERKS / NOTARY PUBLIC-OREGON il COMMISSION NO.326578 ‘ 1 1 ' I : I I ' TI MY COMMISSION EXPIRES SEPT.07,2003 My Commission Expir V7A3 NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00028 ,E CITY OF TIGARD PATEL HOME OCCUPATION Community(Devefopment S'taping A(Better Comm unity 120 DAYS = 8/6/2002 SECTION I. APPLICATION SUMMARY FILE NAME: PATEL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00028 APPLICANT: Harish S. Patel OWNER: Same 7615 SW Beveland Street Tigard, OR 97223 PROPOSAL: The applicant proposes to use an existing home as an office use. The applicant will have one (1) additional employee working at the site. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment ZONING DESIGNATION: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 1 OF 5 • CONDITION OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MATHEW SCHEIDEGGER IN THE PLANNING DIVISION AT (503) 639-4171. 1. All home occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742 must be complied with at all times. SECTION III. PUBLIC COMMENTS RECEIVED No comments were received SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. Sanitary Sewer: The applicant states that there will be no impact to the sewer system, as the home is already connected to adequate sewer. Water Supply: The applicant indicates that using the home, as an office will not have an impact on the water supply. Storm Drainage: The applicant notes that proper storm drainage has already been established and will not be changed. Parks: There are no parks near the site. Therefore, there is no impact expected to parks. Noise Impacts: The applicant will be using his home as an office with one employee. Therefore, no increase in noise is expected. Transportation: The existing property will require no additional daily vehicle trips. FINDING: Based on the information above, Staff is satisfied that the applicant has met the criteria of the impact study. Section 18.742.040 states that all home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type II uses described in 18.742.050: Home occupations may be undertaken only by the principal occupant(s) of a residential property; HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 2 OF 5 The proposed Home Occupation is being undertaken by the property owner who is the principal occupant of the property. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be no delivery of products or supplies to the residence. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc. are anticipated based on the proposed Home Occupation business since it will be conducted indoors and involves no manufacturing or assembly. The home occupation shall be operated entirely within the dwelling unit and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 25% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The applicant has indicated in his application that the total area that will be used for his business will not exceed 400 square feet. Therefore, this criterion has been satisfied. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.144 of this title; No changes to the dwelling are proposed. Therefore, this standard does not apply. More than one (1) business activity constituting two or more home occupations shall be allowed on one roperty, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly posted at the business location. There are no other Home Occupations approved for this site, therefore, this criterion does not apply. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; The proposed use is considered office. No storage of toxic or flammable materials associated with the proposed use is expected. HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 3 OF 5 No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant has one employee working at the proposed site that parks in the existing driveway. Therefore, this standard does not apply. The following uses are not allowed as home occupations: a Auto-body repair and painting. b Ongoing mechanical repair conducted outside of an entirely enclosed building. c Junk and salvage operations. d Storage and/or sale of fireworks. The proposed Home Occupation does not involve any of the above uses, and will be an office use only, therefore, this criterion has been satisfied. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters ton GVW which may be parked outside of a structure or screened area; No exterior storage of vehicles is proposed or anticipated, therefore, this criterion has been satisfied. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback; No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the general approval criteria, Type-II home occupations allow the following according to the TDC chapter 18.742.050: (a) One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; (d) Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback. The applicant has indicated that there will be no signage. There will be no more than one outside employee related to the Home Occupation business. No customers will be visiting the site. The hours of operation for the business will be between 9 a.m. and 5 p.m., five (5) days a week. Parking will occur in the driveway. As previously stated, no storage of materials is proposed or anticipated. Therefore these standards are met. HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 4 OF 5 SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MAY 14, 2002 AND EFFECTIVE ON MAY 30, 2002 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1 . may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 29, 2002. I Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 . ,/�,.� May 14, 2002 PREPAR D Y:, Mathew Scheidegger DATE Assistant Planner Pc.-r May 14, 2002 APPROVED BY: Richard H. Bewprsc orff DATE Planning Manager is\curpin\mathew\HOP\hop2002-00028.dec HOP2002-00028/TYPE II PATEL HOME OCCUPATION PAGE 5 OF 5 \ CITY of TI GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP CLINTON AIL , y _ ELMH EEHG Hi an DARTMOUTH ST OPHAOCT CPE U2L P0A0H T2 O O0M N 0E 028 a- PalENNI HERM OSO `�- Tigard Area Map la I ' :: :A1./ alIl 1111111Mir�j BEVEA ND ST BEVELAND ST -11111 4 asa N ill lik:411111 v z • CNI C. 0 200 400 GONZAGA ST 1"=400 feet I A _la IilN City of Tigard 600 Feet SW HAMP Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 I (503)639-4171 \ 1 \ http://www.ci.tigard.or.us Community Development Plot date:Apr 11,2002;C:lmagic\MAGIC03.APR EXIITIT3 Harish S. Patel HOP2002-00028 7615 SW Beveland Street PATEL HOME OFFICE Tigard, OR 97223 AFFIDAVIT OF MAILING CITY OF TIOARD Community Deve(opment SFiapingA Better Community I, cPatricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard;Washington County, Oregon and that I served the following: {Cheri Appropriate Box(s)Below) © NOTICE OF PENDING LAND USE APPLICATION FOR: H0P2002-00028/PATEL HOME OCCUPATION ❑ AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit's",and by reference made a part hereof, on April 11,2002, and deposited in the United States Mail on April 11,2002, postage prepaid. dOVIIAPOZ. wir (Perso -t Prepared .tice1 STATE OE O2T GON ) County of Washington )ss. City of Tigard Subscribed and sworn/affirmed before me on the 3/ -� day of // , 2002. t1":,,\,' OFFICIAL.SEAL DIANE 11 JELDERKS 1,1 NOTARY PUBLIC-OREGON / / / MY COMMISSION EXPIRES 326578 PT.07,2003 / I I -� — My Commission a s: • EXHIT IT A NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION HOME OCCUPATION PERMIT CITY OF TIGARD Community Development Shaping A Better Community DATE OF NOTICE: April 11, 2002 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2002-00028 FILE NAME: PATEL HOME OCCUPATION PROPOSAL The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON APRIL 25, 2002. All comments should be directed to MATHEW SCHEIDEGGER in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MAY 14, 2002. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City. ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." CITY of TIGARD o..nn. =t"'. VICINITY MAP III; aim. _ �. lIl e HOP2002-00028 _ DARTMOUTH ST PATEL HOME OCCUPATION p I 1r !1/11 I P111111111111( `i pt ,,,iii Illiarii t. ', e amplier . BEVELgNp t'' c, �r�'. 411111111881.0 13E+/61.AN J ST N GONZAGA T i•.aa 1..1 x / Lill I Aillk City of Tigard 1212.SW w.M. Tom.ON 97232 AN1.2....11 ■IrN.wa.L.�.MM 2S101BD-00100 2S101BD-00200 EXLiP IT B ACKERLY COMMUNICATIONS OF GAGE INDUSTRIES THE NORTHWEST INC PO BOX 1318 3601 6TH AVE S LAKE OSWEGO,OR 97035 SEATTLE,WA 98134 2S101AB-01502 2S101AB-01501 ANDERSON ARDELLE C JOENS JOHN D MARJORIE A 7565 SW HERMOSO WAY PMB 162 TIGARD,OR 97223 11575 SW PACIFIC HWY TIGARD,OR 97223 2S 101 B D-00105 25101 AB-01608 B R&G CO LLC KOBERLEIN GERRY GENE PO BOX 23009 7455 SW BEVELAND RD TIGARD,OR 97281 TIGARD,OR 97223 2S 101 AB-01800 2S 101 AB-01402 BOEHM GENE G BEATRICE G LYMAN RODNEY C MARGARET 7380 SW HERMOSA WAY 7395 SW HERMOSO WY TIGARD,OR 97223 TIGARD,OR 97223 25101 AB-01403 2S 101 BA-00401 COLWELL GREGGORY W MARTIN GORDON R&SHEILA 7435 SW HERMOSO WAY 12265 SW 72ND TIGARD,OR 97223 TIGARD,OR 97223 2S101 BA-00200 2S101 BA-00300 COSTCO WHOLESALE CORPORATION MARTIN GORDON RICHARD& ATTN: EXCISE TAX DEPT 111 MARTIN GORDON STEVEN 999 LAKE DR PO BOX 740 ISSAQUAH,WA 98027 GLENEDEN BEACH,OR 97388 2S 101 AB-02702 2S 101 AB-01400 EAGLE HARDWARE&GARDEN INC MARTIN GORDON S& ATTN:TAX DEPT(TA3) MARTIN GORDON R PO BOX 1111 BY IPM NORTH WILKESBORO, NC 28656 721 SW OAK ST#100 PORTLAND,OR 97205 2 101 AB-02701 2S 101 AB-02703 EA HARD • 'E& GARDEN INC MCCAFFERY HUGH R&NANCY J TRS ATTN: i PT(TA3) 7450 SW BEVELAND ST STE 100 PO :e ' 111 TIGARD,OR 97223 •RTH WILKESBORO, NC 28656 2S 101 AB-02700 2S 101 AB-02704 EA. E HARD 'E&GARDEN INC NEWHAM DAVID ALLEN&BARBARA AN ATTN: • SEPT(TA3) 14060 SW HIGH TORR DR PO :. 11 TIGARD,OR 97224 •RTH WILKESBORO, NC 28656 2S101AB-01600 2S101AB-01607 ERDLE WILLIAM J RAND STEPHEN C 7405 SW BEVELAND RD 7540 SW HERMOSO WAY TIGARD,OR 97223 TIGARD,OR 97223 • 2S101AB-01700 ROTH ALAN D AND LINDA A 7420 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01605 ROVIG CAROLE A 7460 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01500 SJP LLC 7615 SW BEVELAND RD TIGARD,OR 97223 2S101AB-01609 TRIANGLE PROPERTIES 7505 SW BEVELAND RD TIGARD,OR 97223 2S 101 AB-01404 VON RENCHLER MARVIN J& MARY E 7475 SW HERMOSO WAY TIGARD,OR 97223 2S101AC-01900 WASHINGTON COUNTY SCHOOL DISTRICT NO.23 6960.SW SANDBURG ST TIGARD,OR 97223 2S 101 BD-00103 WILLAMETTE INDUSTRIES- PREPRINT DIVISION 1300 SW FIFTH AVE STE 3800 PORTLAND,OR 97201 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST (IT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: December 27, 2001 1 CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM CLINIC) - AREA NOTIFIED (500') 0, FOR: Harish Patel DARTMOUTH RE: 2S 10 I AB, 1500 (76 I S SW Beveland Rd.) Property owner information / is valid for 3 months from - the date printed on this map. IIIIIILIMIN Pallidlii'h-u � /A�� \� Q 1,,,Aii SEVELAND ST 1 gal.rune/ 0 111!! 8118111111118 = D ST ■ • M 0 Z 0 100 200 300 400 500 Feet I GONZAGA ST 37e feel mono All Al i 1\ City of Tigard SW Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 a (503)639-4171 http:llwww.ci.tigard.or.us Community Development Plot date: Mar 4,2002;C:\magic\MAGIC03.APR 2S 101 B D-00100 2S 101 BD-00200 ACKERLY COMMUNICATIONS OF GAGE INDUSTRIES THE NORTHWEST INC PO BOX 1318 3601 6TH AVE S LAKE OSWEGO,OR 97035 SEATTLE,WA 98134 2S 101 AB-01502 2S 101 AB-01501 ANDERSON ARDELLE C JOENS JOHN D MARJORIE A 7565 SW HERMOSO WAY PMB 162 TIGARD,OR 97223 11575 SW PACIFIC HWY TIGARD,OR 97223 2S 101 BD-00105 2S 101 AB-01608 B R&G CO LLC KOBERLEIN GERRY GENE PO BOX 23009 7455 SW BEVELAND RD TIGARD,OR 97281 TIGARD,OR 97223 2S 101 AB-01800 2S 101 AB-01402 BOEHM GENE G BEATRICE G LYMAN RODNEY C MARGARET 7380 SW HERMOSA WAY 7395 SW HERMOSO WY TIGARD,OR 97223 TIGARD,OR 97223 2S 101 AB-01403 2S 101 BA-00401 COLWELL GREGGORY W MARTIN GORDON R&SHEILA 7435 SW HERMOSO WAY 12265 SW 72ND TIGARD,OR 97223 TIGARD,OR 97223 2S 101 BA-00200 2S 101 BA-00300 COSTCO WHOLESALE CORPORATION MARTIN GORDON RICHARD& ATTN:EXCISE TAX DEPT 111 MARTIN GORDON STEVEN 999 LAKE DR PO BOX 740 ISSAQUAH,WA 98027 GLENEDEN BEACH,OR 97388 2S 101 AB-02702 2S 101 AB-01400 EAGLE HARDWARE&GARDEN INC MARTIN GORDON S& ATTN:TAX DEPT(TA3) MARTIN GORDON R PO BOX 1111 BY IPM NORTH WILKESBORO,NC 28656 721 SW OAK ST#100 PORTLAND,OR 97205 2 101 AB-02701 2S 101 AB-02703 EA HARD E&GARDEN INC MCCAFFERY HUGH R&NANCY J TRS ATTN: PT(TA3) 7450 SW BEVELAND ST STE 100 PO 111 TIGARD,OR 97223 RTH WILKES ORO,NC 28656 2S 101 AB-02700 2S 101 AB-02704 EA E HARD E&GARDEN INC NEWHAM DAVID ALLEN&BARBARA AN ATTN: EPT(TA3) 14060 SW HIGH TORR DR PO 11 TIGARD,OR 97224 RTH WILKESBORO,NC 28656 2S 101 AB-01600 2S 101 AB-01607 ERDLE WILLIAM J RAND STEPHEN C 7405 SW BEVELAND RD 7540 SW HERMOSO WAY TIGARD,OR 97223 TIGARD,OR 97223 ZS 101 AB-G'1700 ROTH ALAN D AND LINDA A 7420 SW HERMOSO WAY TIGARD,OR 97223 2S101AB-01605 ROVIG CAROLE A 7460 SW HERMOSO WAY TIGARD,OR 97223 2S 101 AB-01500 SJP LLC 7615 SW BEVELAND RD TIGARD,OR 97223 2S 101 AB-01609 TRIANGLE PROPERTIES 7505 SW BEVELAND RD TIGARD, OR 97223 2S 101 AB-01404 VON RENCHLER MARVIN J& MARY E 7475 SW HERMOSO WAY TIGARD,OR 97223 2S101AC-01900 WASHINGTON COUNTY SCHOOL DISTRICT NO.23 6960.SW SANDBURG ST TIGARD,OR 97223 2S 101 BD-00103 WILLAMETTE INDUSTRIES- PREPRINT DIVISION 1300 SW FIFTH AVE STE 3800 PORTLAND,OR 97201 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - EAST CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT East.doc) UPDATED: December 27, 2001 03/01/2002 15:39 FAX 5036847297 City of Tigard Z002 RECEIVED CITY OF TIGARD AR 0 4 2002 C 41141k OMMUNITY DEVELOPMENT DEPARTMENT ��. CITY OF TIGARD ctiY OF TIGARD PLANNING DIVISION PLANNING/ENGINEERING CommunityrDevelopment 13125 SW HALL BOULEVARD shaping/ (Better Comminity TIGARD, OREGON 97223 • PHONE: 503-639-4171 FAX: 503-6847297(Attu: Patty or Shirley/Planning) E li ESIR ilOT I QWNFB M�aiLING LIS Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. IS134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): • • ll-' 2 s 1 I Ara - 01 500 i-'-71‘,-/5.4(` '/«n I,4I. l INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: _(5lli, (NOTE: A minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting,you should request 3 sets) NAME OF CONTACT PERSON: HA ') S H —S _ PA7Et- PHONE: ic)-2 4 3 46 $G This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* * * COST FOR THIS REQUEST * * sheets of labels x$2/sheet = $8-00 x 2 sets = $16.00 _sheet(s) of labels x$7/sheet = $ ,,- x2 sets = .2_ sheets of labels x$2/sheet for CIT area x 2 sets = $ 4.00 3._sheet(s) of labels x$2/sheet for CIT area = x -.! sets = • •1 GENERATE LIST = $11.00 GENERATE LIST = Sll 00 TOTAL = $31.00 TOTAL = , -r` Receipt #: 27200200000000000806 Date: 03/04/2002 0 py, ...,. ........„ T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due BMISC Building Fund Recovered Expenditures-17.0000 @ 245-0000-479000 $17.00 $1.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check HOLIDAY INN EXPRESS 0 4512 0 $19.00 Change HOLIDAY INN EXPRESS 0 0 0 (S2 00) TOTAL AMOUNT PAID: $17.00 APPLICANT MATERIALS A HOME OCCUPATION �, ,�,��{ , TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX. (503) 684-7297 GENERAL INFORMATION Property Address/Location(s): �APaS M S . PATO—. 761 5 5 $GVCIA ST !GTA 2 E FOR STAFF USE ONLY 0112'43 Tax Map & Tax Lot#(s): as tO t -C) [3C)(, -� d Case No.(s): k p c�OO Other Case No.(s):C te5?-00 I L( Site Size: �j Receipt No : Applicant*: HA M1 I 'S S• p�TL�2- Date: �3 �a- ,✓ Address: 6 5 S W 13.L-A/CL S T Application Accepted By: 3 J!Oa-- q1 City/State: T �" 22 3 Zip: Date Determined Complete: Primary Contact: Hfr U M S. P/Afro__ 5'0 3 443 46 36 Fax °3 6/68 3 l 11 Phone: Business Tax Paid? ❑ Yes ❑ No Property Owner/Deed Holder(s)*: (Attach list if more than one) Rev.3/5/01 i:\corpin\masterMr—isedthop2 doc ScrP c-'--�— Address: G 1 s w - o - Phone: ' 3 401 4.636 Zip: • City/State: T{c+ e-c• 7 REQUIRED SUBMITTAL ELEMENTS When the owner and the applicant are different people, the applicant (Note: applications will not be accepted must be the purchaser of record or a lessee in possession with written without the required submittal elements) authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. ❑O /Application Form PROPOSAL SUMMARY Owner's Signature/Written Authorization The owners of record of the subject property request approval of a Title Transfer Instrument or Deed Home Occupation Permit to allow (please be specific): Tp JAG T4-1 G. H04)1C AS .4� 2 Sets of Pre-Addressed/Pre-Stamped #10 Envelopes & Copy of 500' Property Otr'1~lca To MANAc.C71. MOTELS `THAT Owner List Generated by the City /WE. NOT 0-(7H . A' rl►' ❑ Filing Fee $545.00 SPECIFICATIONS Specify whether you are using a detached building on your property and give dimensions: • List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: Nora G AT T'Hrs -ri ML. APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. 'r DATED this , day of �� . 20 0 L Owner's Signature Owners—Signature Owner's Signature Owner's Signature 4 TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS: [CITY OF TIGARD H.O.P.TYPE II QUESTION PAGE] 1. Will you have any paid employees or subcontractors working in the home in conjunction with the business who are not residents of the home? n No Pigs (If yes, please explain): O t• G. SDO K t..e.o' 2. Will you have customers/clients coming to your residence? Yes (If yes, how many per day?): 3. Will you have deliveries or pickups made of products or supplies to your residence? (- Q C MPS L. D `fames (If yes, how many &what type?): q - 5 504121 ,4 4. What will your hours and days of operation be? 5. Will the business generate any noise which can be heard outside of the structure? Lf • 1 I Yes (If yes, please explain): • 6. How many square feet is your residence and how many square feet will be devoted to the operation of your business, including storage areas? 4-Do ss_ f — 7. Will you have any signs or advertising visible from the exterior of the premises? 1 1 Yes (If yes, please explain): 8. Please show the floor layout of your house and the area to be used for your home occupation on the graph paper on the back of this page. Please designate those areas which shall be utilized as follows: A. entirely for the home occupation; and B. partially for the home occupation. Please designate the approximate dimensions of the rooms(s)to be used for the home occupation. 3 oM NENE •• ••••mom"Emi imemi••••••iihmm co o ilign mom Nommammi Receipt #: 27200200000000000824 1!1 .__�•�� Date: 03/06/2002 RE COPY T I D E M A R K COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Due HOP2002-00028 [LANDUS]Type II Permit Fee 100-0000-438000 $545.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check HOLIDAY INN EXPRESS 0 4509 0 $545.00 TOTAL AMOUNT PAID: $545.00 • MAR-06-02 02 :21 PM P . 01 3/ 6 /02— v -' ?AFT/ r y L. U S 0 ZO F = frf A � S e+) 1 ■ - --. 4 --pea..1 R.,. L.:A ciA.A.A.t...4".1 c.,,v-a-t . MAR-06-02 02 :22 PM P. 02 •r V, 1.;'wr''s tar•r r .,A t.�r.-g :w rc)LICY OF TITLE INSURANCE ISSUED 3Y . •� ' , PA Cif,C' NOR ?elf 1N, S'I' TITI1'. 1NS(JR4/YC1 cO1;1p'ANY, INC. . . . !,f,: ,1, '+ "'' i , AI; SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE 11 ' ' .$'` CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, PACIFIC i_ ; >ei r�,,,r ,,� _.. "•' NORTHWEST TITLE INSURANCE COMPANY, INC., a Washington corporation, herein called the .•..%� '.rd ±, ;'..• Company, Insures, as of Date of Policy shown in Schedule A, against loss or damage, not r- " n r exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured•^s5r '� ^, ∎1,a, - by reason of: 1. Title to the estate or interest described.in Schedule A being vested other than as stated 'ti' l ,A'� k, ' �' ": 2. Any defect In or lien or encumbrance on the title; N. '.si,:l.""1ir „ 3. Unmarketability of the title; 4, 1 _a... ,r'. Y ,'" :/'„;- 't.1:it'`�. f 4. Lack of a right of access to and from the land. i.,,,� ,, r`;1 ,�. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of ' "r � 'fit"•'' 'rr the title, as insured, but only to the extent provided in the Conditions and Stipulations. �� ,�, ,. ; . `•' IN WITNESS WHEREOF, Pacific Northwest Title Insurance Company, Inc. has caused this policy to be signed and sealed b x;,, i;t, �, ",/....11..i. .. ff p Y g by its duly authorized officers as of the Date of Policy shown it1 h,. '1. '.:,4,„ NA4 yt 'rb� Schedule A, r H ' 1,14.ta.. i r`� • • 4.w i4 F t41 it r"..r' _. t. t V ' •',: ••' ay.' I'ACIFIC:NORI'II_WI`,SI''1'1r1111 Countersignudby: . tot '''t' , , ... .Iu,Htn•.rnt't•C'u111Iiany hit'. .. • 1. 81 Asti riLo d i_n.a..t.O.r .toy{� te • —' - , et r:( .r rt..west nTL n NC if ' f ' eta r =r SE_AL I . ,Tn;.7. 3------.___- ---- - ._ -- -- - ' ‘N..216,11 u nn Y r.'i t.f !;',V W..i.htng to n S..q.-R' d '' . r „• 4 rinuae ” ':1V,» -! (t , y 7y33 f . . ., rr r I� ,a 1,I,. City,State • t .v EXCLUSIONS FROM COVERAGE y ,,.yr "- s r•i.' lit*i M{. .."r : , • ..d• . ' r The tohowln matters are expressly excluded Irom the coverage of this policy and the Cum uii will not pay lose or ttaillG u,costs, •• r '� � 14 9 P Y 9 P Y P Y PY 9 >h. e(, attomaye'teas or expanses which arise by reason of:•iK. c I. (a) any law, ordinance or governme i,il ?CHulauun (including but not limited to building and aornng lawn, ordinances, ar #� ,r�, .., ru ulaliong restricting, ro olefin 4 1 g, Q g, prohibiting or relating to(I)the oCCupancy, SEC, Or enjoyment of the land;he the cnaracter, c...tr..; rk '4• ' :'!s dimensions or location of arty improvement now or hereafter erected on the land;(iii)a separation in ownership or.i change in the•., 'i"" a, �. dimensions or area of the land or any parcel of which the land ra or was a part;or(iv)environmental protection.or the effect of any t,�• violation of,heee laws,Ordinances ur yuvernrni liIal reyutatrons,except lu the extent that a ounce of the uiilarcemrnt!herein Or a s. ,1.,.'''„4.,' f0•', t"r ry uutwo of a defect,hen or encumbrance resulting train a violation or alleged violation affecting the lane has been ror.mded In the •3 .f r Ilublic records at Date of Policy, ' �; (b) Any governmental police power out excluded by(a),ibovn•except In the extant that a!OtiCe of the ex erCist•thereof or a ' r.t. x '11 i ; h, noaca of a defect, lion or encumbrance resultinu from a violation or shaded violation affecting the land hay bean recorded in the lr t r „fire -- public records at Date of Policy. •,.,1't '` •p'f.%t ' '.. a,..i 2. Rights of eminent domain unless notice of the exercise tnaroot has been recorded in the public recorus ut Date oI Policy,out off riot excluding from coverage arty taking which liar,OCcorred prior to Date of Policy which would be binding on tau rights of a t +t +t ., r?, purchaser for value without knowledge. 1 • , . 3. Dutucte,hens,encumbrances,adve:roc claims or inner nwtttes: +31. ., w ' r. .'; • • la) created,softegret d,assumed or ngrued to by the insured claim;on t; t.R•, P ;iy(v�a 4 1,, -,i'+,7 Ibl not known to the Company, not recorded in the public rec(ird al Otte of Puricy.but known to the insured claimant and r1",'".1. a ?'tl'N f not disclosed in writin o the.Company by the insured cmunnm poor the date the Meurer)claimant became an insured under a „ -. A tt'1 ! �� ' this policy; ' t ' •r+', Y.'*V _ le) feallitotO in r10 lm:a nr rinrnuow to trio rneurad nlat,trnnr; i ,;:t ,;Jey (d) attaching or created subsequent to Date of Panay,Or x r. Is) resulting in toed or damage which would nut have burin auutainad it Mu lneured claimant had paid smuts ha foe esiare or .. alr; 'l+ At. If11f410S,InAlIrf:A ny this policy : r0:1093- 103788 -._.... - t a - �� ALTA OWNER'S POLICY - 10.17.92 MAR-06-02 02 :23 PM P. 03 tu) Tod comma y,ti„u have the right,at its awn cost,._■m3titutf and rrosecute the Insured Claimant. any action or proceeding or to do any other art whloh in h4 opinion rnaY bo necedscuy (I) to pay at ovWrwlea artuo wtu�othoe partial for nr in the name of an or desirablo to estahiush thi,title to tho eatato or interest,as Insured.The Comnny insured claimant any claim Insured against under this policy,t)gether with any costs, SCHEDULE A Order No.: 00188440-W Policy No.; 0-1093-103788 Date of Policy: January 29. 2001 at 2:30 P.M. Amount of Insurance: $375,000.00 Premium; $1,017.00 1. Name of Insured: SJP, LLC, an Oregon limited liability company 2. The estate or interest referred to herein Is,at the date hereof,vested in: SJP, LLC, an Oregon limited liability company 3. The land referred to In this policy is situated In the State of Oregon, County of Washington and described as follows; Lot 23, HERMOSO PARK, in the City of Tigard, County of Washington and State of Oregon. Pacific Northwest Title Insurance Company PAGE 1 of Order No,: 00188440-W ALTA Owners Policy Form 1992 MAR-06-02 02 :23 PM P. 04 • e V 3 4 is • t, L lee — H ERMOSO �� r b, S 1607 1605 1>��.' u. . WA Y soo ►Sor 4 moo lee fsol '°° reez + 1 e 'a ...1 23 y ,iee' L � ate' & 1 e•te'a i 1609 is OBe ieo 110' 100, a .0.•Au r _ • 1600 file. fly . 22 = s w =y 8 1804 r Ile• $, W Ile' 41.1• PL 8 EVELAND ►e' �. 2703 2701 27021!°' ate ROAD_ OA D a 2703 2704 t0 270aa~ -~� 24 =r 25 , 26 • I 2706 o _ 30 e • •�r .1? i raw.... 111 V I.t0•ti•e. + 1 W.O. ~� See MP FOR ASSESSMENT PURPOSES ONLY 2S 1 I DO NOT RELY ON FOR ANY OTHER USE THIS MAP 1S FURNISHED AS A CONVENIENCE BY PACIFIC NORTHWEST TITLE N This map is not a survey and does not show the location of any improvements. The company assumes no liability for errors therein. MAP#2S101AB 01500 MAR-07-02 12 :01 PM P. 01 3/ C/o2 o ?A-r-r/ FoZD F € . H I H S w PAT EL— j-oi to - Ack, �. � b ir2-. scrr c. -S h �-t a e,1 L. S . Pa.te. I a,o �� *a•�m--1 04-.'1 MAR-07-02 12 :01 PM P _ 112 a��1nL�14i0:799 16;{9 FitS 5414I42t xt,c..1N liLl6 ter liuntLL. 46%.10.‘Hershner L� =iii Articles of organization—Limited Liability Company FM: 340 FILED ugiatry Nualbcr:_L/1.11112:151 APR 0 5 1999 OREGON 1) MOIL SW, LLC SECRETARY OF STATE 2) UUL4TIOI4 Maw Omsk Ina.) 6) HAW AND Aao/Siis OV EACE Cracwormia O Luca data upon which rho Limited LiabWty Compeny le ro Kithednc M-Frbrahman dtisvNe 180 E. 11th Mamie P.O.Box 147S Duntbn&hall be perpetual. Su�nc, OR 97x40 3) Kira OF 7�b'rrw.Ri.i i r w ACFN'T 7) C1®GCL 7lDt I�OLZOWPJG 3?A'1 Z 1Z?ArrucAat.t Hat�6 S. Patel Tit+ limited liability company will n be maaged by ■ rnattascr(&). 4) Amalfi OP Tem DTIIAL RZdhIr p AGENT adtr,t costa bi) nm0?fAL pttaniIoxa N •.ep.r.1r&t+as) awl it/km vim► IdnW&t bw r a+ed WWII tt;tthor.oleo.) 85625 Highway 101 Florence, OR 97439 j Ammo WEDS TEE D1vxIIOx MAT •AU,NOTICFB P.O, Box 3227 Floceace, OR 97439 9) EITXMON(The W.for met*ma wW V•Orreetia.%) Tide Priewd Nurse Sianuuro Katherina M. Frltehman Orginizer 10) CQ1 TACT NAka DAYTIME PEONS MUM Katterine M. Prltcluaan (541) 686-8511 �t -S MAR-05-02 09 :20 AM P. 01 r March 5, 2002 TO. Daine Parke FR: Harish S. Patel RE. 7615 Beveland St Thank you for all your help Since we have a loan on the property we do not have the Trust deed. However, I am faxing Title Insurance that shows us as the Grantor and the bank as the Beneficiary I hope this will suffice. Please call should you have any further questions. Thank you again for your help • ' ________ di P. 02 MAR-05-02 09 :21 AM Policy No.: 0-1093-103788 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of; 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, easements or claims which are not shown by the public records but which could be ascertained by an inspection of said and or by making inquiry of persons in possession thereof, 3. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Statutory liens or other liens or encumbrances, or claims thereof, which are not shown by the public records. 6 Pending Assessment for the City of Tigard: Resolution No, 99-63 For : Establishment of Sanitary Sewer Reimbursement District No. 15 Recorded September 03, 1999 Fee No. : 99103238 7. The herein described premises are within the boundaries of and subject to the statutory powers, including the power of assessment, of the Unified Sewerage Agency. B. Easement as shown on the plat: For Drainage Affects • The West 10 feet 9 Trust Deed, including the terms and provisions thereof to secure the amount noted below and other amounts secured thereunder, if any: Grantor SJP, LLC, an Oregon limited liability company Trustee Pacific Northwest Title of Oregon, Inc. Beneficiary Siusiaw Valley Bank Eugene Branch Dated January 18, 2001 Recorded January 29, 2001 Fee No. 2001007022 • Amount $303,000.00 Loan No. Not disclosed Pacific Northwest Title Insurance Company PAGE 2 of Order No.: 00188440-W ALTA Owner's Policy Form 1992 MAR-05-02 09 :21 AM P. 03 Policy No.: 0-1093-103788 SCHEDULE B (CONTINUED) 10. Assignment of Leases and Rents, including the terms and provisions thereof: To Siuslaw Valley Bank Eugene Branch Dated January 18, 2001 Recorded : January 29, 2001 Fee No. 2001007023 Given as additional security for the Trust Deed recorded January 29, 2001 as Fee No. 2001007022. 11. Financing Statement, including the terms and provisions thereof: Debtor : SJP, LLC Secured Party Siuslaw Valley Bank Eugene Branch Recorded January 29, 2001 Fee No. • 2001007024 Pacific Northwest Title insurance Company PAGE 3 of Order No.: 00188440-W ALTA Owner's Policy Form 1992 MAR-05-02 09 :21 AM P. 04 11 o 3 • ow 3 rod I. rip ERMOSD '°°' rev Ia 11 » '°' e.ss'1607 r6oSl°O ,°,. e. e4• se W,4 Y 150 1op 1 Ieo• 1 9 8 x S00 mot 10o It a2 x 21r� 'L rl� r0 1\/J ll it 0 s 23 O 3 roe' I2 I 13 w C ray lea. i •▪ $502 Ir'e••fV a X� 1609 rro 10o leo' r k e•. 1.0 ta �. rte S r 502 I 1604 1600rlo' rte' R 8 o ! 22 ! 6 160 fr Y 20 ti 04 V 11' 16i 19 II . a w�i t": 'J . 4r l8 t t 16 vi.7• I10' ue 8EVELAND Oge 2741 2 702!°' R 2703°~� ~Ifo OA b 27 I 24 .T3 23 i 04 2705tO —rig--: e S 26 p # 27 �� 28 R 27oa l� y 2 y 2S Y a 30 a •od r >■ sect' SEE MAP FOR ASSESSMENT PURPOSES ONLY 23 1 I DO NOT RELY ON FOR ANY OTHER USE THIS MAP IS FURNISHED AS A CONVENIENCE BY PACIFIC NORTHWEST TITLE N This map is not a survey and does not show the location of any Improvements. -g, The company assumes no liability for errors therein. MAP # 2S101AB 01500 April 1, 2002 TO: Mathew Scheidegger Fr: Harish S. Patel RE: Submittal- HOP 2002-00028 Enclosed is the operating agreement for SJP LLC, which requires two signatures. As per this agreement I have the document signed by Bhanu and myself. Enclosed also is the impact study. I trust this now completes the application. Thank you for your co-operation and please call me at 503-443-4686 should you need any further information. • l RESTATED AND AMENDED OPERATING AGREEMENT OF SJP, LLC HERSHNER,HUNTER,ANDREWS,NEILL&SMITH,LLP LAW OFFICE 180 E. 11TH AVENUE P.O.BOX 1475 EUGENE,OR 97440 (541)686-8511 RESTATED AND AMENDED OPERATING AGREEMENT TABLE OF CONTENTS Page 1. ORGANIZATION 1 a. NAME 1 b. PRINCIPAL OFFICE 1 c. PURPOSE 1 2. MANAGEMENT OF THE COMPANY BUSINESS 1 a. MANAGEMENT 1 b. TERM OF MANAGERS 2 c. RESIGNATION 2 d. REMOVAL 2 e. INDEMNIFICATION 2 f. CONFLICT OF INTEREST 2 3. RIGHTS AND DUTIES OF MEMBERS 2 a. MANAGEMENT RIGHTS 2 b. VOTING 3 c. LIABILITY OF MEMBERS 3 d. INDEMNIFICATION 3 e. CONFLICTS OF INTEREST 3 4. CONTRIBUTIONS 4 a. INITIAL CONTRIBUTIONS 4 b. ADDITIONAL CONTRIBUTIONS 4 c. FAILURE TO MAKE ADDITIONAL CONTRIBUTIONS 4 5. ALLOCATIONS 5 a. PROFITS AND LOSSES 5 b. CHANGE IN INTEREST DURING YEAR 5 6. DISTRIBUTIONS 5 a. DISTRIBUTIONS FOR TAXES 5 b. ADDITIONAL DISTRIBUTIONS 5 c. RESTRICTION 5 d. SHARES 5 7. TERMINATION OF MEMBERSHIP 5 i--TABLE OF CONTENTS 8. DISPOSITION OF ECONOMIC INTERESTS 6 a. DISPOSITION OF MEMBERSHIP INTERESTS 6 b. RESTRICTIONS ON DISPOSITION OF ECONOMIC INTERESTS 6 c. PERMITTED DISPOSITIONS 6 (1) CONSENT 6 (2) TO PERMITTED RECIPIENT 6 (3) AFTER TENDER 6 d. TENDER OF ECONOMIC INTEREST 7 e. ACCEPTANCE OF TENDER 7 (1) BY THE COMPANY 7 (2) BY THE OTHER MEMBERS 7 f. METHOD OF ACCEPTING TENDER 7 g. FAILURE TO ACCEPT TENDER 7 h. FAILURE TO MAKE TENDER 7 i. PURCHASE OF MEMBERSHIP INTEREST UPON TERMINATION OF MEMBERSHIP 8 j. PURCHASE PRICE 8 k. TERMS OF PAYMENT 9 (1) PAYMENT OF PURCHASE PRICE 9 (2) INTEREST 9 (3) ACCELERATION 9 (4) PREPAYMENT 9 (5) CLOSING 9 1. PLEDGE OF ECONOMIC INTEREST 9 m. INSURANCE 9 9. ADMISSION OF ASSIGNEES AND ADDITIONAL MEMBERS 10 a. RIGHTS OF ASSIGNEES 10 b. ADMISSION OF SUBSTITUTE MEMBERS 10 c. ADDITIONAL MEMBERS 10 10. DISSOLUTION AND WINDING UP 10 a. DISSOLUTION 10 b. EFFECT OF DISSOLUTION 11 c. DISTRIBUTION OF ASSETS ON DISSOLUTION 11 d. WINDING UP AND ARTICLES OF DISSOLUTION 11 11. TAX MATTERS 11 a. CAPITAL ACCOUNTS 11 b. LIQUIDATING DISTRIBUTIONS 11 c. ELECTION TO ADJUST BASIS 11 12. MISCELLANEOUS PROVISIONS 12 a. DEFINITIONS 12 ii--TABLE OF CONTENTS b. CASH METHOD OF ACCOUNTING 13 } c. NO PARTNERSHIP INTENDED FOR NON-TAX PURPOSES 13 d. RIGHTS OF CREDITORS AND THIRD PARTIES UNDER AGREEMENT 13 e. GOVERNING LAW 13 f. BINDING EFFECT 13 g. ATTORNEY FEES 13 h. NOTICES 13 i. ENTIRE AGREEMENT 14 j. SEVERABILITY 14 k. CONFLICT WITH THE ACT 14 1. AMENDMENT 14 iii--TABLE OF CONTENTS RESTATED AND AMENDED OPERATING AGREEMENT PARTIES: HARSHAD S. PATEL MAHENDRA S. PATEL BHANU S. PATEL HARISH S. PATEL (each, a Member and collectively, the Members) RECITALS: A. The Members formed SJP, LLC, an Oregon limited liability company (the Company), by causing Articles of Organization to be filed with the Oregon Secretary of State and signing an Operating Agreement effective April 5, 1999. B. The Members now wish to amend the Operating Agreement to provide that the Company will be managed by managers, on the terms and conditions set forth in this Restated and Amended Operating Agreement (this Agreement). AGREEMENTS: 1. ORGANIZATION. a. NAME. The name of the Company is SJP, LLC. b. PRINCIPAL OFFICE. The Company's principal office shall be at 85625 Highway 101, Florence, Oregon 97439, or at such other place as the Members may later desig- nate. c. PURPOSE. The Company may engage in any lawful business. 2. MANAGEMENT OF THE COMPANY BUSINESS. a. MANAGEMENT. The business and affairs of the Company shall be managed by two Managers. Except as provided in Paragraph 3,the Managers shall be responsible for the day- Page 1-RESTATED AND AMENDED OPERATING AGREEMENT to-day operations and management of the Company and shall have the authority to take all actions } on behalf of the Company. The Managers,jointly, shall have the authority to sign all agreements and other documents on behalf of the Company. The initial Managers shall be Harish S. Patel and Bhanu S. Patel. b. TERM OF MANAGERS. Each Manager shall hold office until he resigns, dies or is removed or replaced. Once a Manager's term of office has ended,the Members shall elect a new Manager. c. RESIGNATION. A Manager may resign at any time by delivering written notice to the Members. Notice of resignation shall be effective as specified in Paragraph 12.h. (Notices),unless the notice specifies a later effective date. The resignation of a Manager who is also a Member shall not affect the Manager's rights as a Member or cause the Manager's withdrawal as a Member of the Company. d. REMOVAL. A Manager may be removed by the Members,with or without cause. e. INDEMNIFICATION. The Company shall indemnify each Manager for any liability incurred by that Manager in connection with the Company's business to the fullest extent permitted by the Act. The Company may also reimburse or indemnify a Manager for reasonable expenses incurred in connection with the Company's business. f. CONFLICT OF INTEREST. A Manager does not violate a duty or obligation to the Company merely because the Manager's conduct furthers his own interest. A Manager may lend money to and transact other business with the Company. The rights and obligations of a Manager who lends money to or transacts business with the Company are the same as those of a person who is not a Manager, subject to other applicable law. No transaction with the Company shall be voidable solely because a Manager has a direct or indirect interest in the transaction, if the transaction is approved or ratified by the Members after full disclosure of the Manager's interest in the transaction. 3. RIGHTS AND DUTIES OF MEMBERS. a. MANAGEMENT RIGHTS. Each Member shall be entitled to vote on each matter that is submitted to the Members by the Managers and on each of the following matters, which shall be decided only by the Members: (1) Admission of a new Member; (2) Expulsion of a Member; Page 2-RESTATED AND AMENDED OPERATING AGREEMENT (3) Amendment of this Operating Agreement, which shall require the Members' unanimous consent; (4) Election or removal of a Manager; (5) The sale of substantially all the Company's assets; and (6) The complete liquidation and dissolution of the Company. Each Member shall be entitled to one(1)vote equal to his or her Ownership Interest on each matter submitted to a vote of the Members. Except as provided above, no Member acting in his or her capacity as a Member shall have the right or power to participate in the management of the Company or to act for or bind the Company in any way. b. VOTING. Action requiring a vote of the Members may be taken at a meeting or without a meeting. Meetings of the Members may be held by telephone conference or by any other means of communication by which all participants can hear each other simultaneously during the meeting. Unless the Act or this Agreement requires unanimous consent: (1) Action taken at a meeting shall be made by the Majority of the Members; and (2) Action taken without a meeting shall be effected by the written consent of a Majority of the Members. c. LIABILITY OF MEMBERS. Except with respect to the initial contribution and any agreed-to additional contributions, a Member shall not be liable for any Company liabilities, whether to the Company, to the other Members or to creditors of the Company, beyond that Member's share of accumulated but undistributed net profits, and the amount of any distributions (including the return of any contribution) made to that Member that is required by law to be returned to the Company. The Company's failure to observe any formalities or requirements in exercising its powers of management shall not be grounds for imposing personal liability on any Member for Company liabilities. d. INDEMNIFICATION. The Company shall indemnify each Member for all loss, liability or expense in connection with the business of the Company, to the fullest extent permitted by the Act. The Company may also reimburse or indemnify a Member for reasonable expenses incurred in connection with the Company's business. e. CONFLICTS OF INTEREST. A Member does not violate a duty or obligation to the Company merely because the Member's conduct furthers the Member's own interest. A Member may lend money to and transact other business with the Company. The rights and obligations of a Member who lends money to or transacts business with the Company are the Page 3-RESTATED AND AMENDED OPERATING AGREEMENT same as those of a person who is not a Member, subject to other applicable law. No transaction with the Company shall be voidable solely because a Member has a direct or indirect interest in the transaction, if the transaction is approved or ratified by all of the other Members after full disclosure of that Member's interest in the transaction. 4. CONTRIBUTIONS. a. INITIAL CONTRIBUTIONS. Each Member shall make the initial capital contribution and shall hold the Membership Interest set forth on the attached Exhibit A. No interest shall accrue on any contribution and no Member shall have the right to withdraw or be repaid any contribution except as provided in this Agreement. b. ADDITIONAL CONTRIBUTIONS. The Managers may determine from time to time that additional capital contributions are needed to enable the Company to conduct its business. Each Member will contribute a proportionate share of any such additional contribution within thirty (30) days after the date of the notice of a capital call. c. FAILURE TO MAKE ADDITIONAL CONTRIBUTIONS. If any Member does not make all or any portion of his additional contribution (Noncontributing Member), the other Members shall have the right and option(but not the obligation) to advance to the Company the unpaid portion of that additional contribution. Each other Member shall have the right to make an advance in the same ratio as his Membership Interest bears to the total Membership Interests • of all Members other than the Noncontributing Member. (Example: If there are four Members with equal Membership Interests and one Member does not make an agreed-to additional contribution, each other Member may advance one-third (1/3) of that contribution.) Any such advance shall bear interest at an annual rate equal to the prime rate of interest published in The Wall Street Journal (or any successor thereto) on the date of the advance, plus one percent (1%). The advance shall be secured by the Noncontributing Member's interest in the Company. Any such advance shall be due not later than one hundred eighty (180) days after it is made. In the event the advance, plus interest, is not repaid when due, the Member(s) making the advance (the Contributing Member(s)) may elect to treat the advance as if each Contributing Member had contributed the funds, plus interest, to the Company as an additional contribution on that Contributing Member's own behalf, in which case the Membership Interests in the Company shall be adjusted as follows: (1) Upon the Contributing Member's or Members' election, a portion of the then current Membership Interest of the Noncontributing Member shall automatically be transferred to the Contributing Member(s). (2) The portion of the Noncontributing Member's interest so transferred shall be a fraction, the numerator of which is equal to the funds advanced plus accrued interest, and the denominator of which is the total amount of contributions made by the Noncontributing Page 4-RESTATED AND AMENDED OPERATING AGREEMENT Member, including the advance, as of the date of the election. Such transfer shall not include any portion of the balance of the Noncontributing Member's Capital Account (as defined below). 5. ALLOCATIONS. a. PROFITS AND LOSSES. Except as may be required by Section 704(c) of the Internal Revenue Code of 1986, as amended (Code), the Company's profits and losses, and all items of income, gain, loss, deduction and credit (collectively, Tax Items), shall be allocated among the Members in proportion to their Membership Interests. b. CHANGE IN INTEREST DURING YEAR. If during any taxable year of the Company there is a change in any Member's Membership Interest, each Member's share of Tax Items for the year shall be determined, unless the Members agree otherwise, by (a) assigning the Tax Items to the portions of the taxable year before and after the change based on the portion of the taxable year that has elapsed before the change and(b)allocating the Tax Items to Members according to their varying Membership Interests during the year. The assignment and allocation shall be made in a manner that complies with Code § 706(c) and (d) and the Treasury regulations (Treas. Reg.) thereunder. 6. DISTRIBUTIONS. The Company shall make and Members shall share distributions as follows: a. DISTRIBUTIONS FOR TAXES. The Company shall distribute to Members at least quarterly the amount that Members determine is sufficient to pay income taxes on Members' shares of the taxable income of the Company. b. ADDITIONAL DISTRIBUTIONS. The Company shall make additional distributions to Members as unanimously determined by the Members. c. RESTRICTION. The Company shall make the distributions specified in Paragraphs 6.a. and 6.b. only to the extent permitted by the Act. d. SHARES. Distributions by the Company to Members before dissolution of the Company shall be shared by Members in proportion to the Members' Membership Interests at the close of business on the record date of the distribution. Distributions on dissolution of the Company shall be allocated among Members according to Members' positive Capital Account balances, as provided in Paragraph 11.b. 7. TERMINATION OF MEMBERSHIP. A person shall cease to be a Member upon the occurrence of any of the following events: a. The withdrawal of the Member, which must be on six months' notice to the remaining Members if done without the remaining Members' consent; Page 5-RESTATED AND AMENDED OPERATING AGREEMENT b. The expulsion of the Member by a court as provided in the Act; c. The bankruptcy of the Member (as defined in the Act); d. In the case of a Member that is a legal entity, the dissolution of the Member or other event terminating the Member's existence; e. In the case of a Member who is a natural person, the death of the Member; or f. As otherwise provided under the Act. 8. DISPOSITION OF ECONOMIC INTERESTS. a. DISPOSITION OF MEMBERSHIP INTERESTS. A Member may not Dispose of his Membership Interest. Any attempted Disposition of a Membership Interest will result in the Disposition of the Member's Economic Interest only, to which this Paragraph 8 applies. b. RESTRICTIONS ON DISPOSITION OF ECONOMIC INTERESTS. A Member or Assignee may not Dispose of his Economic Interest unless the Disposition is specifically permitted by this Agreement. c. PERMITTED DISPOSITIONS. A Disposition shall be valid if: (1) CONSENT. The other Members consent in writing to the specific Disposition; (2) TO PERMITTED RECIPIENT. The Disposition is made to the Company or any other Member, to a spouse, child or grandchild of a Member or to a trust for the sole benefit of a Member and/or a spouse, child or grandchild of a Member; or (3) AFTER TENDER. Both of the following conditions are met: (a) The Economic Interest is tendered to the Company and the other Members, and the tender is not accepted within the time limits set forth in this Agreement. (b) The Disposition is made within one hundred twenty (120) days after the effective date of the notice of tender, and is made to the Assignee and on the terms provided in the notice. Page 6-RESTATED AND AMENDED OPERATING AGREEMENT d. TENDER OF ECONOMIC INTEREST. If a Member desires to Dispose of all or any part of his Economic Interest and the Disposition is not otherwise permitted by this Agreement, the Economic Interest to be Disposed of shall first be tendered to the Company and the other Members. Notice of tender shall be given to the Company and to the other Members and shall state the Economic Interest to be disposed of, the name and address of the proposed Assignee and of the person giving the notice, and the nature of the Disposition. If the Disposition is to be by sale, the Economic Interest must be subject to a bona fide purchase offer and the notice shall set forth the proposed purchase price and terms. The notice shall be given by the Member desiring to Dispose of the Economic Interest (the Transferor) if the transfer is voluntary. If the transfer is involuntary or by operation of law, the notice shall be given by the successor in interest of the Transferor. e. ACCEPTANCE OF TENDER. (1) BY THE COMPANY. Within thirty (30) days following the effective date of the notice of tender, the Company may accept the tender and purchase all or any portion of the Economic Interest tendered at the same price and on the terms set forth in the bona fide purchase offer. However, the Company may purchase a portion of the Economic Interest tendered only if the other Members purchase the balance thereof. (2) BY THE OTHER MEMBERS. If the Company fails to exercise its option to purchase all or any part of the Economic Interest tendered, the other Members shall have the right to accept the tender and purchase all of the Economic Interest not purchased by the Company. If there is, at the time of the tender, more than one other Member in addition to the Transferor, each other Member shall be entitled to purchase the Transferor's Economic Interest in the same ratio as Member's Membership Interest bears to the total of Membership Interests of all of those other Members. However, in no event shall the Transferor be required to sell the tendered Economic Interest unless all of the Economic Interest is purchased. The other Members shall have a period of thirty (30) days following the expiration of the Company's option within which to accept the tender. f. METHOD OF ACCEPTING TENDER. Any tender shall be accepted by giving written notice of acceptance to the person making the tender. If the person making the tender is other than the Transferor, notice of acceptance shall be delivered to the Transferor concurrently with notice to the other person. g. FAILURE TO ACCEPT TENDER. If the tender is not accepted within the period provided above, then at any time within one hundred twenty (120) days following the effective date of the notice of tender, the Transferor may Dispose of the Economic Interest specified in the notice to the Assignee and on the terms provided in the notice. h. FAILURE TO MAKE TENDER. If an event requiring tender occurs and no tender is made, the Disposition is invalid ab initio. The Company or any of the other Members Page 7-RESTATED AND AMENDED OPERATING AGREEMENT may demand the required tender from the Transferor, or the person to whom the Economic Interest is about to pass or has passed, or both, by giving notice of demand for tender to the Transferor or such other person. A copy of the notice of demand for tender shall also be given concurrently to the Company and any other Members. If the required tender is not made within ten (10) days following the effective date of the notice of demand for tender, the Company or the other Members may elect to purchase the Economic Interest as if a tender had been made at the expiration of that ten (10) day period. The respective rights of the Company and the other Members to purchase the Economic Interest, the requirements for notice of election to purchase and the payment terms shall be the same as if a tender had been made in accordance with this Agreement. i. PURCHASE OF MEMBERSHIP INTEREST UPON TERMINATION OF MEMBERSHIP. Upon the termination of a Member's membership in the Company, the following shall apply: (1) If the termination is a result of the Member's death and the Member leaves a surviving spouse, the Member's Membership Interest shall automatically be transferred to the surviving spouse and the surviving spouse shall be admitted as a Substitute Member after becoming a party to this Agreement and executing any admission agreement required by the Company. (2) If the termination is for any reason other than death, or if a deceased Member does not leave a surviving spouse, the Company or the remaining Members, as determined among themselves, shall purchase the former Member's Economic Interest, upon the terms and conditions set forth in Paragraphs 8.j. and 8.k. The Company or the remaining Members, as applicable, shall provide notice of this obligation to sell to the former Member, or his successor-in-interest, within thirty(30)days of the date of termination(Notice of Termination). j. PURCHASE PRICE. Except as otherwise provided in Paragraph 8.e., if there is a purchase of a Member's Economic Interest under this Agreement, the purchase price shall be an amount equal to the fair market value of the Company multiplied by the Member's Membership Interest. The fair market value of the Company shall be determined by agreement of the Members and the former Member, or his successor-in-interest, or, if the Members and the former Member, or his successor-in-interest, cannot agree on the fair market value of the Company, then the fair market value of the Company shall be determined by appraisal as follows: (1) If the parties are unable to agree on the Company's fair market value within twenty (20) days after the Notice of Termination, then either party may provide written notice to the other party requesting an appraisal. (2) The Company shall select a qualified appraiser within twenty (20) days of the request for appraisal. Within thirty (30) days after the appointment of the appraiser, the appraiser shall make an independent appraisal of the fair market value of the Company as of Page 8-RESTATED AND AMENDED OPERATING AGREEMENT the date of termination. The appraiser's report shall be dated and in writing, and shall be delivered to the Company and the Members, including the former Member, or his successor-in-interest. The cost of the appraisal shall be borne equally between the purchasing party or parties and the selling party. k. TERMS OF PAYMENT. Except as otherwise provided,the purchase price of the Economic Interest shall be paid as follows: (1) PAYMENT OF PURCHASE PRICE. The purchase price shall be evidenced by a promissory note of the purchaser payable in forty (40)equal quarterly installments, including interest on the unpaid balance. The first quarterly installment shall be due one the first (1st) day of the month after the closing date and a like installment shall be due on the first (1st) day of each succeeding quarter until the promissory note is paid in full. (2) INTEREST. Interest shall accrue on the balance due under the promissory note at the rate of ten percent (10%) per annum. (3) ACCELERATION. If any payment is not made when due, or in the event the remaining Members sell or liquidate the Company's business, the holder may declare the entire remaining balance, together with all accrued interest, immediately due and payable. (4) PREPAYMENT. Prepayment may be made in whole or in part at any time; provided, however, that any partial prepayment shall not affect the regularity of succeeding payments. All payments, including any prepayments, shall be applied first to accrued interest to the date of prepayment and then to principal. (5) CLOSING. The purchase shall close within sixty(60)days after the later of the date of the Notice of Termination or the date of the appraiser's report. The promissory note shall be delivered to the selling party on the closing date. The selling party shall deliver to the purchasing party an assignment of the Economic Interest, together with any and all other documents necessary to transfer the Economic Interest. 1. PLEDGE OF ECONOMIC INTEREST. The purchasing party shall grant a security interest in the Economic Interest to the selling party to secure payment of the promissory note. m. INSURANCE. The Company may insure the life of any Member for purposes of this Agreement, in such amounts as the Company may deem appropriate or necessary, and the Company may name itself as beneficiary of any policies purchased. Any proceeds received under any such policy shall be held by the Company in trust for purposes of this Agreement. The Company shall be the sole owner of any policies issued to it for purposes of this Agreement and may apply to the payment of premiums any dividends declared and paid on the policies. Page 9-RESTATED AND AMENDED OPERATING AGREEMENT 9. ADMISSION OF ASSIGNEES AND ADDITIONAL MEMBERS. a. RIGHTS OF ASSIGNEES. The Assignee of an Economic Interest has neither Management Rights nor the right to become a Member. The Assignee is entitled only to receive the distributions allocated to the Economic Interest. The Assignee shall be allocated the Tax Items (as defined below) and Internal Revenue Code (IRC) § 705(a)(2)(B) expenditures allocated to the Economic Interest as provided in Paragraph 11. b. ADMISSION OF SUBSTITUTE MEMBERS. Except as provided in Paragraph 8.i.(1), the Assignee of an Economic Interest shall be admitted as a Substitute Member and admitted to all the rights of the assigning Member only with the consent of all the other Members. After such approval is obtained, the Assignee shall be deemed admitted only after becoming a party to this Agreement and executing any admission agreement required by the Company. If so admitted, the Substitute Member has all the rights and powers and is subject to all the restrictions and liabilities of the assigning Member. The admission of a Substitute Member, without more, shall not release the assigning Member from any liability to the Company that may have existed before the Substitute Member's admission. c. ADDITIONAL MEMBERS. Additional Members may be admitted only with the prior written consent of all the Members. After such approval is obtained, the Assignee shall be deemed admitted only after becoming a party to this Agreement and executing any admission agreement required by the Company. Additional Members shall make such initial capital contributions as determined by the Executive Committee. 10. DISSOLUTION AND WINDING UP. a. DISSOLUTION. Subject to this Paragraph 10, the Company shall be dissolved and its affairs wound up on any of the following events (Liquidating Events): (1) The unanimous consent of the Members; (2) The latest date of dissolution, if any, stated in the Company's Articles of Organization; (3) The Company's administrative dissolution by the Oregon Secretary of State, unless the Company is reinstated as provided in the Act, or the entry of a decree of judicial dissolution under the Act; or (4) At such time as the Company has no Members. b. EFFECT OF DISSOLUTION. Upon dissolution, the Company shall cease carrying on (as distinguished from the winding up of) the Company's business. However, the Page 10-RESTATED AND AMENDED OPERATING AGREEMENT Company is not terminated, and continues until the winding up of the Company's affairs is completed. c. DISTRIBUTION OF ASSETS ON DISSOLUTION. Upon the winding up of the Company, the Company's property shall be distributed in the following order: (1) To creditors, including Members and former Members who are creditors, to the extent permitted by law, in satisfaction of Company liabilities other than liabilities for distributions to Members due and owing under this Agreement; (2) To Members and former Members in satisfaction of the Company's obligations for distributions due and owing under this Agreement; and (3) To Members according to Members' positive Capital Account balances, as provided in Paragraph 11.b. d. WINDING UP AND ARTICLES OF DISSOLUTION. The winding up of the Company shall be completed when all debts, liabilities and obligations of the Company have been paid and discharged or reasonably adequate provision has been made therefor, and all of the Company's remaining property and assets have been distributed to the Members. Upon completion of winding up of the Company, Articles of Dissolution shall be delivered to the Oregon Secretary of State for filing. 11. TAX MATTERS. a. CAPITAL ACCOUNTS. The Company shall maintain a capital account (Capital Account) for each Member on a cumulative basis in accordance with federal income tax accounting principles in Treas. Reg. § 1.704-1(b)(2)(iv) or any successor provision. b. LIQUIDATING DISTRIBUTIONS. If any Member's interest in the Company is liquidated within the meaning of Treas. Reg. § 1.704-1(b)(2)(ii)(g), liquidating distributions shall be made, as provided in Treas. Reg. § 1.704-1(b)(2)(ii)(b)(2), in accordance with that Member's positive Capital Account balance, determined after taking into account all Capital Account adjustments for the Company taxable year during which the liquidation occurs by the later of the end of such taxable year or within ninety (90)days after the date of liquidation. c. ELECTION TO ADJUST BASIS. The Members may cause the Company to file an election in accordance with the applicable Treasury regulations under Code § 754 to cause the basis of the Company's assets to be adjusted for federal income tax purposes as provided by Code § 734(b) or 743(b). 12. MISCELLANEOUS PROVISIONS. Page 11-RESTATED AND AMENDED OPERATING AGREEMENT a. DEFINITIONS. The following terms shall have the indicated meanings: "Act" means the Oregon Limited Liability Company Act, as codified at ORS Chapter 63, as amended from time to time. "Assignee" means the transferee of an Economic Interest who has not been admitted as a Substitute Member. "Capital Account" has the meaning set forth in Paragraph 11.a. "Company" means SJP, LLC. "Dispose"or"Disposition"means any sale,assignment,transfer,exchange, mortgage, pledge, grant, hypothecation or other transfer, absolute or as security or encumbrance (including by operation of law), but shall not include the transfer of a Member's Membership Interest to the Member's surviving spouse upon the Member's death. "Economic Interest" means the rights of a Member or, in the case of an Assignee, the rights of the assigning Member, in distributions (liquidating or otherwise) and allocations of the income, gains, losses, deductions and credits. "Majority" means, with respect to the Members or remaining Members, Members holding greater than fifty percent(50%)of the Membership Interests of all the Members or remaining Members. "Management Rights" means the rights of a Member to participate in the management of the Company, including the rights to information and to consent to or approve actions of the Company. "Member" means an Initial Member, Substitute Member, additional Member and, where the context requires, an Assignee. "Membership Interest" means each Member's percentage interest in the Company as set forth in Exhibit A, and is comprised of both a Member's Economic Interest and his Management Rights. "Substitute Member" means an Assignee who has been admitted to all rights of membership pursuant to Paragraph 9.b. "Tax Items" has the meaning set forth in Paragraph 5.a. "Transferor"means a Member desiring to Dispose of his Economic Interest, pursuant to Paragraph 8. Page 12-RESTATED AND AMENDED OPERATING AGREEMENT b. CASH METHOD OF ACCOUNTING. The records of the Company shall be maintained on a cash receipts and disbursements method of accounting. c. NO PARTNERSHIP INTENDED FOR NON-TAX PURPOSES. The Members have formed the Company under the Act, and expressly do not intend hereby to form a partnership under either the Oregon Uniform Partnership Act or the Oregon Uniform Limited Partnership Act. The Members do not intend to be partners one to another, or partners as to any third party. To the extent any Member, by word or action, represents to another person that the other Members are partners or that the Company is a partnership, the Member making the wrongful representation shall be liable to the other Members who incur personal liability by reason of the wrongful representation. d. RIGHTS OF CREDITORS AND THIRD PARTIES UNDER AGREEMENT. This Agreement is entered into between the Members for the exclusive benefit of the Members and their respective successors and assigns. This Agreement is expressly not intended for the benefit of any creditor of the Company or any other person. e. GOVERNING LAW. The applicable law for the interpretation of this Agreement, or the enforcement of any rights or obligations under this Agreement, shall be the laws of the State of Oregon. Except as otherwise provided in this Agreement, the rights and liabilities of the Members shall be governed by the Act. f. BINDING EFFECT. This Agreement shall be binding upon, apply and inure to the benefit of the parties' respective successors and assigns. However, nothing in this subparagraph shall be construed as modifying in any way any restrictions on assignment or transfer provided in this Agreement. g. ATTORNEY FEES. If a legal proceeding is commenced to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to recover a reasonable attorney's fee in such proceeding, or any appeal thereof, in addition to the costs and disbursements allowed by law. h. NOTICES. Any notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given (a) when personally delivered to the party notified; (b) two days after deposit in the United States mail, by certified or registered mail, postage prepaid, return receipt requested; or (c) when transmitted by fax, with confirmed transmission; in any case addressed to the party to be notified at the address shown on the Company's records. i. ENTIRE AGREEMENT. This Agreement, including all documents and agreements incorporated herein by reference, sets forth all (and is intended by the parties to be an integration of all) of the representations, promises, agreements and understandings between the parties with respect to the Company and the Company's business. There are no representations, Page 13-RESTATED AND AMENDED OPERATING AGREEMENT warranties, promises, agreements or understandings, oral or written, express or implied, between ) the parties other than as set forth or incorporated in this Agreement. j. SEVERABILITY. Each provision of this Agreement shall be considered severable. If, for any reason, any provision that is not essential to the effectuation of the basic purposes of this Agreement is determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of, or affect, those provisions of this Agreement that are valid. k. CONFLICT WITH THE ACT. If any provision of this Agreement shall be, or shall be found to be, contrary to the Act, that provision shall be deemed amended so as to conform with the Act. If it shall at any time be determined by any court of law that any provision herein shall cause the Company to be taxable as an association, then whichever provisions which shall have caused the Company to be taxable as an association shall be deemed voidab initio and of no force and effect. 1. AMENDMENT. This Agreement may be amended or modified from time to time only by a written instrument adopted and executed by all the Members other than Assignees. DATED as of , 2000. i r Al i ' .arc/ . , arshad S. Patel, ember V—Zuttuiclet___ Mahendra S. Patel, Member nu . •ate!, Member Harish S. Patel, Member Page 14-RESTATED AND AMENDED OPERATING AGREEMENT EXHIBIT A Initial Contributions Member Contribution Membership Interest Harshad S. Patel 25% interest in H.M.B. & H. Invest- ments, a general partnership, and a 25% interest in S & J Investments, a general partnership 25% Mahendra S. Patel 25% interest in H.M.B. & H. Invest- ments, a general partnership, and a 25% interest in S & J Investments, a general partnership 25% Bhanu S. Patel 25% interest in H.M.B. & H. Invest- ments, a general partnership, and a 25% interest in S & J Investments, a general partnership 25% Harish S. Patel 25% interest in H.M.B. & H. Invest- ments, a general partnership, and a 25% interest in S & J Investments, a general partnership 25% Impact Study 7615 SW Beveland St. Tigard, OR 97223 Immediate impacts on public facilities and services. The existing property itself will have no immediate effects on any public facilities or services, as Applicant proposes no development in conjunction with this property at this time. Transportation system impacts. The existing property will require no additional daily vehicle trips from this property. Drainage system impacts. The existing property will have no effect on the existing storm drainage system since no changes are made. Parks system impacts. The existing property will generate no impact on the City's parks system. Water system impacts. No Impact Sewer System impact. No impacts since there are no changes. Noise impacts. No change in usage and therefore no impact Dedication requirements. None March 1, 2002 TO: Mathew Scheidegger FR: Harish S. Patel I just received a letter from Christine Darnell with regards to the enclosed application. I have tried to complete it in a hurry so that I can submit it today. Please advise should you need any further information. 41°0 CITY OF TIGARD Community(Development Shaping. Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 8/6/2002 FILE NO.: HOME OCCUPATION PERMIT TYPE II (HOP) 2002-00028 FILE TITLE: PATEL HOME OCCUPATION APPLICANT: Harish S. Patel OWNER: Same 7615 SW Beveland Street Tigard, OR 97223 REQUEST: The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. CIT AREA: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: April 11, 2002 DATE COMMENTS ARE DUE: April 25, 2002 ❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: MAY 14, 2002 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ® SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY ® NARRATIVE ❑ GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Mathew Scheideqger, Assistant Planner (503) 639-4171 Ext. 317 CITY OF TIGARD April 10, 2002 OREGON Harish S Patel 7615 SW Beveland Street Tigard, OR 97223 RE: Notice of Complete Submittal-HOP2002-00028 PATEL HOME OFFICE Dear Mr. Patel: The City has received the information necessary to begin the review of your Home Occupation permit application. Staff has, therefore, deemed your application submittal as complete on 4/8/2002 and will begin the review process. The estimated time for rendering a decision from the date an application is deemed complete is 5-6 weeks. If you have any questions regarding your application or if I can answer any questions, please do not hesitate to contact me at (503) 639-4171, ext. 317. Sincerely, -1;V/Z?/:/ Mathew Scheideg er Assistant Planner i:\curpin\mathew\HOP\HOP2002-00028.acc.acc c: HOP2002-00028 Land Use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 March 6, 2002 CITY OF TIGARD OREGON Harish S Patel 7615 SW Beveland St. Tigard, OR 97223 RE: Notice of Incomplete Submittal-HOP2002-00028 PATEL HOME OFFICE Dear Mr. Patel: The City received your request for a Home Occupation (HOP) approval for the above-referenced project. Based on a preliminary review of your application materials, Staff has determined that your submittal is incomplete for the purposes of continuing with Home Occupation Review. The following clarifications and additional information are required before Staff can consider your application complete and begin the review: 1. Submit an impact study. (see attachment) 2. Verification of corporation ownership. If not the sole owner of the corporation, written authorization from all owners or power of attorney is required. Once the required information has been submitted, Staff will deem the application complete and begin the review process. If you have any questions about the information contained in this letter, please feel free to contact me at (503) 639-4171 , x317. Sincerely, Mathew Scheidegger Assistant Planner is\curpin\mathew\HOP\HOP2002-00028.acc.doc.dot c: HOP2002-00028 Land Use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 F. Section not used. G. Effective date. The Director's decision is effective on the day after it is final. 18.390.040 Type Q Procedure A. Preapplication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in section 18.390.080C. B. Application requirements. 1. Application Forms. Type H applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; 2. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of • record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. C. Notice of pending Type II Administrative Decision. 1. Prior to making a Type II Administrative Decision,the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognized neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. Decision-Making Procedures 18.390-5 SE Update: 10/01 ADDITIONAL DOCUMENTS NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION HOME OCCUPATION PERMIT CITY OF TIGARD Community Devefopment Shaping 11'B etter Community DATE OF NOTICE: April 11, 2002 FILE NUMBER: HOME OCCUPATION PERMIT (HOP) 2002-00028 FILE NAME: PATEL HOME OCCUPATION PROPOSAL The applicant requests approval for a Type II Home Occupation permit to use an existing home as an office use. The applicant proposes to have one (1) additional employee working at the site. ZONE: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy. 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON APRIL 25, 2002. All comments should be directed to MATHEW SCHEIDEGGER in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MAY 14, 2002. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14-DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City. ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." CITY of TIGARD VICINITY MAP O INTON 11111 . I x HOP2002-00028 7 DARTMOUTH ST PATEL HOME OCCUPATION I _ ELMH HERMO •/, • ,„,,,„„,„ REYELAND IST N� 0 300 .00 600.M GONZAGA T 1 ,.. .. 1 .11 _-. Ciry ofTigard /`\\\ SW `IfI1 \ 1 I RAMP o..w rs.n..hw Mw.O a..nf.a wM'M O.v.lae..M f6MOU O.bl.n 35 SW n�BW0 ip.N.OM Ill I101161N 1.1 I+p..w-GOO.bau. NOTICE OF TYPE II DECISION HOME OCCUPATION PERMIT (HOP) 2002-00028 ��'= CITY OF TIGARD Community PATEL HOME OCCUPATION Shaping ABetterCo Community ty 120 DAYS = 8/6/2002 SECTION I. APPLICATION SUMMARY FILE NAME: PATEL HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) HOP2002-00028 APPLICANT: Harish S. Patel OWNER: Same 7615 SW Beveland Street Tigard, OR 97223 PROPOSAL: The applicant proposes to use an existing home as an office use. The applicant will have one (1) additional employee working at the site. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment ZONING DESIGNATION: MUE: Mixed-Use Employment. The MUE zoning district is designed to apply to a majority of the land within the Tigard Triangle, a regional mixed-use employment district bounded by Pacific Highway (Hwy 99), Highway 217 and 1-5. This zoning district permits a wide range of uses including major retail goods and services, business/professional offices, civic uses and housing; the latter includes multi-family housing at a maximum density of 25 units/acre, equivalent to the R-25 zoning district. LOCATION: 7615 SW Beveland Street; WCTM 2S101AB, Tax Lot 1500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON MAY 14, 2002 AND BECOMES EFFECTIVE ON MAY 30, 2002 UNLESS AN APPEAL IS FILED. Ate_ eta l: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 29, 2002. Questions: For further information please contact the Planning Division Staff Planner, Mathew Scheidegger at (503) 639-4171 , Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. • Js•� CITY OfTIGNRO I .1.1pm VICINITY MAP d Nil HOP200,420 028 PATEl HOME ■ \/12j.). OCCUPATION lift n_DARTUOUTHST ■� .111 r!, ,,, p i.., .; sisi immon, AM II r :447_4 , * waft ..... ir inimmilamin, 11 ill Mina 11111.0.11111110 lina 14. 11 VIIIINEill Es' ...7.....;:............ 4444 1-