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Ordinance No. 93-19 CITY OF TIGARD, OREGON (- ORDINANCE NO. 93- l AN ORDINANCE TO AMEND CHAPTERS 18.30, 18.32, AND 18.142 OF THS COMMUNITY DEVELOPMENT CODE; COMPREHENSIVE PLAN POLICY 2.1.2 AND THE IMPLEMENTATION STRATEGIES FOLLOWING POLICY 2.1.3 AND 11.5.1, AND SUPERSEDING RESOLUTION 82-13 AND 82-14. WHEREAS, the Tigard City Council set as a priority broadening citizen involvement; and WHEREAS, The City of Tigard reviewed the Board and Committee structure for citizen involvement; and WHEREAS, The Tigard City Council has determined that citizen involvement will be better served with modifications to the Board and Committee structure; and WHEREAS, the Neighborhood Planning Organizations (NPOs) will be succeeded by Citizen Involvement Teams (CITs); and WHEREAS, references to the NPOs in the Community Development Code and Comprehensive Plan are no longer applicable; and WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendations at a public hearing on July 12,1993 and voted to recommend approval of the amendment to the City Council; and WHEREAS, the amendments are in compliance with the State Planning Goals I and City Comprehensive Plan; and WHEREAS, the City Council held a public hearing on July 27, 1993 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLIAWS: SECTION 1: The Community Development Code shall be amended as shown in Exhibit "A". Language to be added is underlined. Language to be deleted is shown in [brackets] . SECTION 2: Volume II of the Comprehensive Plan shall be amended as shown in Exhibit "B". Language to be added is underlined. Language to be deleted is shown in brackets. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. ORDINANCE No. 93-_Z_�J_ Page JI► PASSED: By UACIA)rf)Das vote of all Council members present after bein re d by number and title only, this —?-91*= day of , 1993. Caltherine Wheatley, Citir Record" 77 APPROVED: This / day of , 1993. a Edwards, Mayor Approved as to form: Cit tt ney 2 ?J14 9-3 Date ORDINANCE No. 93- Page Ar 2 1 Chapter 18.30 PROCEDURNS FOR DNCISION RAKINat LNOISLATI" Sections: 18.30.010 Purpose 18.30.020 The Application Process 18.30.030 Time Periods: Submission/Hearings 18.30.040 Additional Information Required, Waiver of Requirements and Report Required 18.30.050 Duties of the Director 18.30.060 Recommendation and Alternative Reccmmandation by the Director 18.30.070 Consolidation of Proceedings 18.30.080 Public Hearing: Notice Requirements 18.30.090 Mechanics of Giving Notice and Failure to Give Notice 18.30.100 Hearings Procedure 18.30.110 Continuation of the Public Hearing 18.30.120 The Standards for the Decision 18.30.130 Approval Process and Authority 18.30.140 Vote Required for a Legislative Change 18.30.150 The Final Decision 18.30.160 The Record of the Public Hearing 18.30.170 Reapplication 18.30.010 Purpose A. The purpose of this chapter is to establish procedures applicable to the community development code for consideration of legislative changes to the provisions of the comprehensive plan, implementing ordinances and maps. (Ord. 89-061 Ord. 83-52) 18.30.020 The Application Process A. A request for a legislative change may be initiated by: 1. Order of the Council] 2. Resolution of a majority of the Commission; 3. The Director; 4. h ne4gMelpheed--Flaming-esgaftleahien On board or GemakeeLent OL— Any persons or the person's agent authorized in writing to make the application. S. The applicant shall be required to meet with the Director for a preapplicat£on conference. Revised 02/27/89 Page 35 IBIT -a- C. An a result of the public hearing on the proposed change, the Commission may on its own motion recommend to the Council an alternative recommendation, however, in addition, the commission must take action on the specific application before it. (Ord. 89-06; Ord. 83-52 Bxhibit A (part), 1983.) 18.30.070 wneviiaaa.a.vs, of srww..aa:.-. A. In the event there is an application for a legislative change to the plan text or map, and an application for a legislative change to an implementing ordinance text or map, both of which involve either the same geographic area or the same subject matter, the hearings may be consolidated, however: 1. The decision on the proposed plan change shall precede the decision on the proposed change to the implementation ordinance; 2. Separate actions shall be taken on each application; and 3. The change to the implementing ordinance shall implement the change to the plan. (Ord. 89-06; Ord. 83-52 Bxhibit A (part), 1983.) 18.30.080 Public 8earinas Notice Reauirements A. The Commission shall hold at least one public hearing on each application request. B. The Council shall hold at least one public hearing on each application request. C. notice of the public hearings on the proposed change and alternatives, if any, shall be given by the Director in the following manner: 1. At least 10 days prior to the scheduled hearing date, notice shall be sent to: a. The applicant; b. Any affected governmental agencyt C. "s Offeeted *ago load eel a herheed I]Basin I Geis"I Not 1611 d. Any person who requests notice in writing and pays a fee established by Council resolution; and 2. At least 10 days prior to the scheduled public hearing date, notice shall be given in a newspaper of general circulation in the City. Revised 02/27/89 Page 40 C� ■ WIBIT "A" I ( ' 18.32.010 Purpose ' A. The purpose of this chapter is to establish procedures under this title for the consideration of development applications, for the consideration of quasi-judicial comprehensive plan amendments and for appeal or review of decisions. (Ord. 89-06; Ord. 83-52) 18.32 020 The Apolication Process A. Applications for approval rdV ueu Ys-ldor . a- .. - b„ initiated bv: s.�..- 1. Order of Council; 2. Resolution of a majority of the Commission; 3. The Director; Application of a recorded owner of property or contract purchasers. B. Any persons authorized by this title to submit an application for approval may be represented by an agent authorized in writing to make the application. (Ord. 90-41; Ord. 89-06; Ord. 83-52) 18 32 030 Time Period for Decision Makin A. The City shall take final action on an application for a permit or a zone change, including the resolution of all appeals within 120 days after the application is deemed complete, excepts 1. The 120-day period may be extended for a reasonable period of time at the request of the applicant; 2. The 120-day period applies only to a decision wholly within the authority and control of the City; and 3. The 120-day period does not apply to an amendment to an acknowledged comprehensive plan or land use regulation. (Ord. 89-06; Ord. 83-52) 18.32.040 Preapplication Conference Recuired A. The applicant shall be required to meet with the Director for a preapplication conference. B. At such conference, the Director shall: Revised 1/17/91 Page 47 C �SISIT •A• b. All surrounding property owners of record of property within 250 feet of the property for the following types of Directorfe decisions$ (i) Minor Land Partitions] (ii) Site Development Reviews; and (iii) Sensitive Lando (steep slope, drainageway); (i) -j'r IT Home Occupations (Chapter 18.142.060.B.3) C. All owners of record of property immediately abutting a site subject to the following types of directors decisions: (i) Temporary Uses= (ii) Flexible Setback Variances] (iii) Lot Line Adjustments, and (iv) Administrative Variances. d. The applicant for a Director s Interpretation or a Director s Decision regarding an extension of approval; e. ]Omni GrIffinion6ion if f. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice; and g. Any person who requests, in writing, and pays the required fee established by the Council. 2. Within 10 days of signing the decision, the Director shall post a copy of each notice of decision at City Hall; and 3. Notice shall be published in a local newspaper of general circulation for site design review, major land partitions, and minor land partitions a minimum of 10 days prior to the date the decision becomes final. Newspaper notice is not required for other decisions by the Director. B. The Director shall cause an affidavit of mailing, posting and publication of notice where newspaper publication was required in Subsection A.1 of this section to be filed and made a part of the administrative record. C. Notice of a decision by the Director shall contain: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicants proposal and of the decision; Revised 10/28/91 Page 57 EXHIBIT "A" (vii) Comprehensive Plan Amendments; (viii) Sone Changes; (ix) Zone Ordinance Amendments; C. Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice; d. Is. Any person who requests, in writing, and pays a fee established by the wuracil; ::d f. The appellant and all parties to an appeal or petition for reviews and 2. Notice of a hearing on a proposed zone change for a mobile home park shall be given to tenants of that mobile home park at least 20 days but no more than 40 days prior to the hearing; and 3. The Director shall cause an affidavit of mailing of notice to be filed and made a part of the administrative record. B. At least 10 days prior to the hearing, notice shall be given in a newspaper of general circulation in the City. An affidavit of publication shall be made part of the administrative record. (Ord. 90-41; Ord. 90-24; Ord. 89-06; Ord. 83-52) 18.32.140 Contents of the Notice for Public Hearings A. Notice given to persons entitled to mailed or published notice pursuant to section 18.32.130 shall include the following information: 1. The number and title of the file containing the application and the address and phone number of the Director's office where additional information can be obtained; 2. A description of the subject property, reasonably calculated to give notice as to its actual location which shall include, but not be limited to, the metes and bounds description or the tax map designations of the County assessor's office; 3. Except for notice published in the newspaper, a map showing the location of the property; 4. The nature of the application in sufficient detail to apprise persons entitled to notice of the application's proposal; and 5. The time, place and date of the public hearing, a statement that both public oral and written testimony is invited, and a statement that the hearing will be held under this chapter and any rules of procedure adopted by the Council and available at City Hall. B. When the proceeding is an initial evidentiary hearing before the Hearings Officer, the Planning Commission, or the City Council the following information shall be included in the mailed notice, in addition to the �- Revised 1/17/91 Page 59 EXHIBIT "An information required pursuant to Subsection A, above: �d Revised 1/17/91 Page 59 BXRIBIT "A' 3. Formally adopted by the Council, and signed by the Mayor and filed with the Director and the City Recorder within 10 calendar days of the formal adoption of the decision. 8. The final decision shall be filed in the records of the Director within 10 calendar days after the decision is signed, and notice thereof shall be mailed to the applicant and all parties to the action, and shall be available to members of the Council. C. Notice of a final decision shall contains 1. A statement that all required notices under Section 18.32.130 have been met/ 2. A statement of where the adopted findings of fact, decision and statement of conditions can be obtained; IIs djahte tL- f1I-a Jr'Qa_f__ 3. T--- ...�.. +..,,oma ..ws.ivxe war silex; and 4. A statement of whether a party to the proceeding may seek review of the decision, as appropriate, to wits A. Zn the case of a final decision by the Council, the statement shall explain that this decision is final and how review may be heard by a higher authority; or b. 2n the case of a final decision by the Hearings Officer or Commission, the statement shall explain briefly how a review can be taken to the Council pursuant to Subsection 18.32.310.8, the deadlines, and where information can be obtained. (Ord. 90-411 Ord. 89-06; Ord. 84-69; Ord. 83-52) 18.32.270 Notice of Final Decision A. Notice of the final decision shall be mailed to the applicant and to all the parties to the decision, and shall be made available to the members of the Council. (Ord. 89-06; Ord. 83-52) 18.32.275 amended Decision Process A. The Director may issue an amended decision after the notice of final decision has been issued and prior to the end of the 10-day appeal period. B. A request for an amended decision shall be in writing, accompanied with the appropriate fee and filed with the Director not more than eight days after the notice of final decision has been filed. C. A request for an amended decision may be filed bys The 894ghbontheed PIAM-89 --- -Ages %OA by the Leatsel deele#s�} ff Revised 1/17/91 Page 69 1.` AUI ZT■A_ A• If a transcript is Council mesMer, the applicant bandany®r y, the city shall provide each copy if Of the mi a COPY of the complete tneiranscrri�pt o� =mon mir►utog. hearing 0• The appellant or any Party who is the first to request a transcript� responsible to satisfy all costs pt shall transcript at a rata of actual costs up to $500 for preparation of the days incurred over $500. Payment sall S�0 and one-half costs for any Y prior to the hearing. made in full at least five C. Any Party other than the ppe transcript shall be ch a llant or the first shall to 061 Ord. 84-691 Ord• eed the actual copy costs. (Ord.90-41 request a i Ord. 83-52) ; Ord. 89- '�.s4.340 po*+ce of Aoneal for Rev+eMt A• The notice of appeal or petition for review shall contain: 1• A reference to the application sought to be appealed or reviewed; 2• A statement as to how the Petitioner qualifies as a party; 3• The specific grounds for the appeal or review; and 4• The date of the Pilin the case of a defiling of the final decision on the action or, in filed and the date notice tOf the final ahe l ore date the decision was given. Proposed decision wag B. The appeal or review application shall be except as allowed under Section 18-32.345. (Ord- by the required squired d. 06; ord. 85-451 Ord. 18.32.X45 Bee W iver fo A a- I-ese-aaeaier�t Revised 1/71/91 Page 73 �ntsnss •�• end 2) the Wilthim War" --m-Weing "Ye as the-deftikelf who 94" sba&i be 04666-by Council may, on its own motion and by voice vote, waive the appeal fee for part ee, when appropriate. (Ord. 90-41; Ord. 69-06; Ord. 85-45) ?' 18.32_350 Persons Entitled to Notice on Annual or Raviewt Tim of Notice A. Upon appeal or review, notice shall be given to parties entitled to notice _ under Sections 18.32.130 and 18.32.290. (Ord. 89-061 Ord. 84-71; Ord. 84-611 Ord. 83-52) ;8.32.360 Contants of Notice on &Mal or Raview A. Notice shall include those matters provided by Section 18.32.140. (Ord. 89-061 Ord. 83-52) .' Ifi-32-37Q Action on Anneal or -view: Time Limit and Authority to Chanes the Decision A. The approval authority shall affirm, reverse, or modify the decision which is the subject of the appeal; however, the decision shall be made in accordance with the provisions of Section 18.32.250; or B. Upon the written consent of all parties to extend the 120-day limit, the „p approval authority may remand the matter if it is satisfied that testimony or other evidence could not have been presented or was not available at the time of the hearing. In deciding to remand the matter, the approval authority shall consider and make findings end conclusions regarding: 1. The prejudice to parties; 2. The convenience or availability of evidence at the time of the initial hearing; 3. The surprise to opposing parties; 4. The date notice was given to other parties as to an attempt to admit; or S. The competency, relevancy and materiality of the proposed testimony or other evidence. (Ord. 89-06; Ord. 84-61; Ord. 83-52) } Revised 1/17/91 Page 74 MMIBIT "A" C ' 18 142 060 Permit Procedures for Type I and Type II Hamm Qaauoaticne A. Type I and I1 Home Occupations: A person wishing to engage in a Type I or Type II hams occupation must be a principal occupant of the property, pay a one-time review fee to the City, agree to abide by the provisions of this chapter, and acquire an annual Business Tax certificate. B. Additional Permit Procedures for Type II Homs Occupations: A person wishing to engage in a Type II home occupation is required to have a pre- application conference with City staff in accordance with Section 18.32.040 and is also required to submit an application and a fee. 1. The decision to approve, approve with conditions, or deny an application for a Type II home occupation permit shall be made by the Community Development Director upon findings of whether or not the proposed uses a. Is in conformance with the standards contained in this chapters b. Will be subordinate to the residential use of the propertyl C. Is undertaken in a manner that is not detrimental nor disruptive in terms of appearance or operation to neighboring properties and residents. i 2. The Director's decision to deny an application or approve it with conditions may be appealed to the Hearings Officer. 3. Upon approval of a Type II home occupation application, the Community Development Director shall issue a preliminary notice of approval and provide notice of the same to the an party owners w ee o e �; props y no o e proposed use. The decision shall be final within twenty days following the day of mailing of notice unless appealed to the Hearings Officer. C. Appeals shall be made in accordance with Subsection 18.32.310.A at a cost equal to sixty (60) percent of the City's standard appeal fee. (Ord. 91- 3 21 Ord. 89-061 Ord. 87-201 Ord 83-52) 18.142 070 Submission Reavirements for Type II Home Occupation Avolications A. An application for a Type iI home occupation shall be made on forms provided by the Community Development Director and shall be accompanied by: 1. One copy of the applicant's statement or narrative which explains how the proposal conforms to the approval criteria in Sections 18.142.040 and 18.142.0501 2. The required feel 3. A site plan of the property drawn to scale with a north arrow indicated. The site plan shall show all major features of the property including buildings, major vegetation, access for public streets, sidewalks, etc. Revised 10/28/91 Page 369/370 C.. f- EXHIBIT "A" ( 4. One floor plan of all structures on the property which are to be used for the home occupation(s); 5. One title transfer instrumentj 6. One assessor's map; 7. Property owner's signature(s) Or written authorization. (Ord. 91-32; Ord. 89-06; Ord. 87-20; Ord. 86-23; Ord. 83-52) Revised 10/28/91 Page 369/371 F: CC ------ —.�-----gig--��----�- EXHIB7 l all land use plaftnkng matters The City shall continue to assist and support any City Council recognized citizen group in providing adequate meting places, distribution of materials, policy direction and staff involvement. Additional citizen task forces shall be appointed by the City Council, as the need arises, to advise the City with regard to Comprehensive Plan issues. POLICY 2.1.2 THE OPPORTUNITIES FOR CITIZEN INVOLVEMENT PROVIDED BY THE CITY SHALL BE APPROPRIATE TO THE SCALE OF THE PLANNING EFFORT AND SHALL INVOLVE A BROAD CROSS-SECTION OF THE COMMUNITY: a. MEANS ENG GUT WHB--FRGGRAN1 b. WHERE APPROPRIATE, OTHER INVOLVEMENT TECHNIQUES WILL BE USED; ; AND C. C TTE FOR CITIZEN INVOLVEMENT HALL ERESPONSI PONSFOR EVALUATING THE CITIZEN INVOLVSME ROGRAl+I AND FOR WORKING j WITH THE NEIGHBORHOOD PLANNING ORGANIZATIONS IN RECOMMENDING CHANGES IN THE PROGRAM. IMPLEMENTATION STRATEGIES 1. The Committee for Citizen Involvement and tl,a Grejankmatlensshall conduct their citizen involvement programs in accordance with the needs of the Tigard community and LCDC Goal #1 requirements. A review and evaluation of each group's programs and processes shall be reported to the Planning Commission and City Council on a yearly basis. 2. The City Council, the Planning Commission, NN the Committee for Citizen Involvement hall recommend, as needed, additional methods for involving citizens in the planning process. II-10 C0. 2.1.3 THE CITY SHALL ENSURE THAT INFORNATION ON LAND USE PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITISENS. TMP .R ONMION STRATEGIES 1. The City shall continue to publish information on land use planning issues in a form accessible to all citizens mid ObO&I—ess the eem"61bee II-10 t,+,x — *'�", f ,mvm,•smn.�+srrem':..r w^sastirr-� a'FJ-k'