Applications subject to administrative review shall be reviewed and decided by the city manager.

A. Upon receipt of an application for a Type I land use action; the city staff shall review the application for completeness.

1. Incomplete applications shall not be reviewed until all required information has been submitted by the applicant;

2. If incomplete, the applicant shall be notified and provided additional time of up to thirty (30) days to submit supplemental information as necessary.

B. The application shall be deemed complete either:

1. Upon receipt of the additional information; or, if the applicant refuses to submit the information;

2. On the thirty-first (31st) day after the original submittal the application shall be deemed complete for review purposes.

C. Referrals may be sent to interested agencies such as city departments, the school district, utility companies, and applicable state agencies. If a county road or state highway might be impacted, referrals should be sent to Yamhill County public works and/or ODOT.

D. All subdivisions, permits for new structures, conditional use permits and planned unit developments on any land illustrated on the NWI/LWI Maps shall be referred within five days of receipt to the Oregon Division of State Lands. The applicant shall be notified of the referral.

E. If the staff finds that the facts of the particular case require interpretation of existing standards, then a public hearing before the planning commission shall be scheduled. The procedures for conducting the public hearing shall comply with the standards in Chapter 17.196.

F. Within thirty (30) days of receipt of a complete application or such longer period mutually agreed to by both staff and the applicant, staff shall review the application and shall make a decision based on an evaluation of the proposal and on applicable criteria.

G. Written notice shall be mailed to the applicant.

H. A Type I land use decision may be appealed by the applicant to the planning commission. The appeal shall be filed, pursuant to the provisions of Chapter 17.204, within twelve (12) days from the date of the decision.

I. The timing requirements established in this section are intended to allow a final action, including resolution of any appeals, within one hundred twenty (120) days of receipt of a complete application. If for any reason it appears that such final action may not be completed within the one hundred twenty (120)-day period, unless the applicant voluntarily extends the time period, the following procedures shall be followed regardless of other processes set forth elsewhere in this title.

1. The city staff shall notify the city council of the timing conflict by the ninety-fifth (95th) day. The city council shall, in accordance with its own procedures, set a time for an emergency meeting within the one hundred twenty (120)-day period;

2. Public notice shall be mailed to affected parties as specified in Chapter 17.192;

3. The city council shall hold a public hearing on the specified date, in accordance with the provisions of Chapter 17.200 and render a decision approving or denying the request within the one hundred twenty (120)-day period. (Ord. 622, 2004; Ord. 619, 2003)

A. Upon receipt of an application for Type II or Type III land use action, the city staff shall review the application for completeness.

1. Incomplete applications shall not be scheduled for Type II or Type III review until all required information has been submitted by the applicant;

2. If incomplete, the applicant shall be notified and provided additional time of up to thirty (30) days to submit supplemental information as necessary.

B. The application shall be deemed complete for the purposes of scheduling the hearing and all related timing provisions either:

1. Upon receipt of the additional information; or, if the applicant refuses to submit the information;

2. On the thirty-first (31st) day after the original submittal the application shall be deemed complete for scheduling purposes only.

C. Applications for more than one Type II or Type III land use action for the same property may, at the applicant’s discretion, be combined and heard or reviewed concurrently.

D. Referrals may be sent to interested agencies such as city departments, the school district, utility companies, and applicable state agencies. If a county road or state highway might be impacted, referrals should be sent to Yamhill County public works and/or ODOT.

E. All subdivisions, permits for new structures, conditional use permits and planned unit developments on any land illustrated on the NWI/LWI Maps shall be referred within five days of receipt to the Oregon Division of State Lands. The applicant shall be notified of the referral.

F. The public hearing shall be scheduled and notice shall be mailed to the applicant and adjacent property owners. Notice requirements shall comply with Section 17.192.020.

G. Staff shall prepare and have available within seven days of the scheduled hearing a written recommendation concerning the proposed action. This report shall be mailed to the applicant and be available at City Hall for all interested parties.

H. The public hearing before the planning commission shall comply with the provisions in Chapter 17.196.

I. Approvals of any Type II or Type III action may be granted subject to conditions. The following limitations shall be applicable to conditional approvals:

1. Conditions shall be designed to protect public health, safety and general welfare from potential adverse impacts caused by a proposed land use described in an application. Conditions shall be related to the following:

a. Protection of the public from the potentially deleterious effects of the proposed use; or

b. Fulfillment of the need for public service demands created by the proposed use;

2. Changes or alterations of conditions shall be processed as a new administrative action;

3. Whenever practical, all conditions of approval required by the city shall be completed prior to the issuance of an occupancy permit. When an applicant provides information which demonstrates to the satisfaction of the planning commission that it is not practical to fulfill all conditions prior to issuance of such permit, the planning commission may require a performance guarantee as provided in Chapter 17.216.

J. The applicant shall be notified in writing of the planning commission’s decision or recommendation. In addition, notice of the commission’s decision shall be mailed to individuals, who request such notice at the public hearing, or, by those individuals who submitted a written request for notice prior to the public hearing.

K. Either the applicant or persons receiving notice of the decision may appeal a Type II land use decision to the city council. The appeal shall be filed within twelve (12) days from the date of the decision, pursuant to the provisions of Chapter 17.204. Type III land use applications are automatically reviewed by the city council.

L. The timing requirements established by this section are intended to allow a final action, including resolution of appeals for all land use actions within one hundred twenty (120) days of receipt of a complete application, except for Type III actions. If for any reason it appears that such final action may not be completed within the one hundred twenty (120)-day period, unless the applicant voluntarily extends the time period, the following procedures shall be followed regardless of other processes set forth elsewhere in this title.

1. The city staff shall notify the city council of the timing conflict by the ninety-fifth (95th) day. The city council shall, in accordance with its own procedures, set a time for an emergency meeting within the one hundred twenty (120)-day period;

2. Public notice shall be mailed to affected parties as specified in Chapter 17.192;

3. The city council shall hold a public hearing on the specified date, in accordance with the provisions of Chapter 17.200 and render a decision approving or denying the request within the one hundred twenty (120)-day period. (Ord. 622, 2004; Ord. 619, 2003)