10.134 Due Process Element 7: Action, Decision Time, and Notice of Decision.
(1) Action. After acceptance of an application, the approving authority shall approve, approve with conditions, or deny the request. The decision of the approving authority shall be based upon the application, the evidence and comments from referral agencies and the public, and compliance with this chapter.
(2) Decision Time. Action on all land use reviews shall be taken within the time herein prescribed.
(3) Notice of Decision, Type III/IV. The Planning Department shall, within five working days of the decision date, provide written notification of the land use decision to the applicant and all persons who testify orally or in writing on the land use review. The notice shall indicate the date that the decision will take effect, the approval's expiration date, and the final date for appeal.
(4) Notice of Decision, Type II. Within three working days of a final decision on the application, the Planning Director shall mail a copy of the decision to the applicant and any person who submits comments during the public comment period. The Planning Director shall also mail notice of the decision in writing to parties who were notified of the comment period in Section 10.124(3)(a)(ii).
(a) Notice of Decision Content, Type II. The content of the notice of decision shall:
(i) Include a description of the applicant’s proposal and summary of the City’s decision on the proposal.
(ii) Identify the street address or other easily understandable geographical reference of the location of the site.
(iii) Identify a statement of where the City’s decision can be obtained and contact information.
(iv) Include a statement that all persons entitled to notice may appeal the decision.
(v) State that any person who is adversely affected or aggrieved, anyone who is entitled to written notice in Section 10.124(3)(a)(ii), and anyone who provides written comments during the comment period may appeal the decision by filing an appeal in accordance with this Code within 14 days of the date the written notice of decision is mailed.
(vi) State that copies of all evidence relied upon by the decision-maker are available for review at no cost, and that copies can be obtained at reasonable cost from the City.
(vii) State the decision will not become final until the period for filing a local appeal has expired.
(viii) State that a person who is mailed written notice of the decision cannot appeal the decision directly to the Land Use Board of Appeals under ORS 197.830.
(b) Final Decision and Effective Date, Type II. The effective date of the final decision shall be 14 calendar days following the date the notice of decision is mailed, unless appealed, in which case the decision is effective when the appeal is decided.
(c) Appeal, Type II. Type II land use decisions shall be appealed as follows:
(i) Site Plan and Architectural Review – Type II land use decisions may be appealed to the City Council as provided in Section 10.140 of this Code.
(ii) All other Type II land use decisions, not identified in 10.134(4)(c)(i) above, A final decision may be appealed to the Planning Commission as provided in Section 10.140 of this Code.
(iii) For expedited land use reviews, including middle housing land divisions, land use decisions may be appealed to a designated referee, pursuant to ORS 197.375.