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1999-1027-Ordinance No. 99-031 Recorded 10/28/1999VOL: CJ1999 PAGE: 1027 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ1999-1027 *Vol -Page Printed: 11/02/1999 14:06:51 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Oct. 28, 1999; 2:42 p.m. Ordinance (CJ) NUMBER OF PAGES: 21 Lv� 0.— " 0-�� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KE�!Ef_r NOV 0 21999 �Ilqqq-1&77 a vIrWED BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 22, Deschutes * 99 OCT 28 PM 2= 42 County Development Procedures Ordinance, * MARY SUE F E N H O L L O W And Declaring an Emergency. * COUNTY CLERK ORDINANCE NO. 99-031 WHEREAS, changes to state law regarding procedures for processing land use applications make it desirable to amend Title 22 to bring the County's land use procedures ordinance into compliance with state law; and WHEREAS, it is desirable to amend Title 22 to reflect the annexation by the City of Bend of all lands within the Bend Urban Growth Boundary; and WHEREAS, it is desirable to amend Title 22 notice provisions to give broader public notice regarding proposed tall structures; and WHEREAS, a public hearing was held on these proposed changes on October 27, 1999; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Deschutes County Code Section 22.03.010, Introduction and application, is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ikethreugh. Section 2. REPEAL. Deschutes County Code Section 22.04.060, Definition -120 -day, is hereby repealed. Section 3. AMENDMENT. Deschutes County Code Section 22.20.040, Final action in land use decision, is amended to read as described in Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethreugh. Section 4. AMENDMENT. Deschutes County Code Section 22.20.055, Modification of application, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfik g h Section 5. AMENDMENT. Deschutes County Code Section 22.24.020, Hearings body, is amended to read as described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strilethr-eugh. Section 6. AMENDMENT. Deschutes County Code Section 22.24.030, Notice of hearing or administrative action, is amended to read as described in Exhibit "E," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikethmugh. Section 7. AMENDMENT. Deschutes County Code Section 22.24.125, Setting the hearing, is amended to read as described in Exhibit "F," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethr-oug�. PAGE 1 OF 3 - ORDINANCE NO. 99-031 (10-27-99) Section 8. AMENDMENT. Deschutes County Code Section 22.24.130, Close of the record, is amended to read as described in Exhibit "G," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethreugh. Section 9. AMENDMENT. Deschutes County Code Section 22.24.140, Continuances or record extensions, is amended to read as described in Exhibit "H," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st-rikohreug. Section 10. AMENDMENT. Deschutes County Code Section 22.24.160, Reopening the record, is amended to read as described in Exhibit "I," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in s'�r-ethmugh Section 11. AMENDMENT. Deschutes County Code Section 22.28.015, Findings as to 120 - day time limit, is amended to read as described in Exhibit "J," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethreugh. Section 12. AMENDMENT. Deschutes County Code Section 22.28.050, Review by planning commission and board, is amended to read as described in Exhibit "K," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in striketh eugh. Section 13. AMENDMENT. Deschutes County Code Section 22.30.010, Reconsideration, is amended to read as described in Exhibit "L," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st-riketkreagh. Section 14. AMENDMENT. Deschutes County Code Section 22.30.020, Procedure, is amended to read as described in Exhibit "M," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethreugh. Section 15. AMENDMENT. Deschutes County Code Section 22.32.015, Filing appeals, is amended to read as described in Exhibit "N," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethreugh. Section 16. AMENDMENT. Deschutes County Code Section 22.32.027, Scope of review, is amended to read as described in Exhibit "O," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethmugh. Section 17. AMENDMENT. Deschutes County Code Section 22.34.030, Notice and hearing requirements, is amended to read as described in Exhibit "P," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethreugh. PAGE 2 OF 3 - ORDINANCE NO. 99-031 (10-27-99) Section 18. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this Z -t day of October, 1999. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, • REGON IVDA L. SWEARINGEN�/Chair PAGE 3 OF 3 - ORDINANCE NO. 99-031(10-27-99) Exhibit "A" 22.04.010. Introduction and application. A. This title is enacted to provide a uniform procedure for the grant or denial and processing of applications, approvals and determinations by the Planning Division of the Deschutes County Community Development Department under the applicable County comprehensive plan, land use regulations, subdivision and partition ordinance, and other ordinances which by their terms incorporate by reference the procedures in this title. This title shall be known as the Deschutes County Development Procedures Ordinance. B. The provisions of this title do not apply to the issuance, suspension, or revocation of any on-site sewage disposal, building, electrical or plumbing permits except as they relate to Planning Division consideration of permitted uses. YMM Mr UUS IMM ' Y. . MR I CD.Notwithstanding DCC 22.04.010(A), inside acknowledged urban growth boundaries and where authorized by an intergovernmental agreement, the functions of the county Planning Director and county Hearings Bodies identified herein may be exercised by their counterparts in the respective cities in accordance with the respective intergovernmental agreements. (Ord. 99-031 § 1, 1999; Ord. 98-068 § 1, 1998; Ord. 98-042 § 1, 1998; Ord. 90-007 § 1, 1990) Page 1 of 1 — EXHIBIT "A" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "B" 22.20.040. Final action in land use actions. A. Except as otherwise provided, the county shall take final action, including consideration of appeals to the board, in land use actions within 4-28 150 days after the application is deemed complete. B. If the applicant refuses or fails to submit missing information within the 30 days specified in DCC 22.08.030, the application shall be deemed complete, for purposes of processing the application, on the 31st day after the application was first submitted, and final action of the Board of County Commissioners, if required, shall be taken within 4-54 1.81 ? days after the application was first received. C. The periods set forth in this section during which a final decision on an application must be made may be extended for a reasonable period of time at the written request of the applicant. D. Applications for the following determinations or approvals are exempt from the 150 4 -20 -day time limit established by this section: 1. Quasi-judicial comprehensive plan amendments; 2. Revocation proceedings; uses;3. Ver-ifieation of neneenfefming 3.47 -Lot of record determinations; 4.3. Initiation of approval determinations; and 5.6. Consideration of remanded applications, the time limit for which is as set forth in DCC 22.34.030. (Ord. 99-031 § 3, 1999; Ord. 96-071 § 1 C, 1996; Ord. 95-045 § 8, 1995; Ord. 90-007 § 1, 1990) Page 1 of 1 — EXHIBIT `B" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "C" 22.20.055. Modification of application. A. An applicant may modify an application at any time during the approval process up until the close of the record, subject to the provisions of section 22.20.052 and this section. B. The planning director or hearings body shall not consider any evidence submitted by or on behalf of an applicant that would constitute modification of an application (as that term is defined in Chapter 22.04) unless the applicant submits an application for a modification, pays all required modification fees and agrees in writing to restart the 420 150- day time clock as of the date the modification is submitted. The 420 150 - day time clock for an application, as modified, may be restarted as many times as there are modifications. C. The planning director or hearings body may require that the application be re - noticed and additional hearings be held. D. Up until the day a hearing is opened for receipt of oral testimony, the planning director shall have sole authority to determine whether an applicant's submittal constitutes a modification. After such time, the hearings body shall make such determinations. The planning director or hearings body's determination on whether a submittal constitutes a modification shall be appealable only to LUBA and shall be appealable only after a final decision is entered by the county on an application. (Ord. 99-031 § 4, 1999; Ord. 96-071 § 1C, 1996) Page 1 of 1 — EXHIBIT "C" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "D" 22.24.020. Hearings body. A. The following shall serve as the hearings body in this order: 1. Hearings officer. 2. Planning commission, where the planning commission initiates a review of an administrative action or hearings officer's decision pursuant to DCC 22.28.050 and the applicant has waived in writing the 4-M 150 - day time limit. 3. Board of County Commissioners, except where an applicable joint management agreement within the an acknowledged urban growth boundary specifies a city governing body as the final appeals body €er the Bend Urban Afea; where the Bend City Couneil shall be the hearings applieafiens that the eounty delegated deeision making au" to the city ef-Bend. B. Where the hearings officer declines to hear a matter on the grounds of a conflict of interest, the planning commission shall substitute for the hearings officer. In the Redmond Urban Area, the initial hearings body for a quasi-judicial plan amendment or zone change may at the discretion of the Planning director be either the planning commission or the hearings officer. (Ord. 99-031 § 6, 1999; Ord. 98-019 § 3, 1998; 96-071 § 1D, 1996; Ord. 95-045 § 11 A, 1995; Ord. 90-007 § 1, 1990) Page 1 of 1 — EXHIBIT "D" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "E" 22.24.030. Notice of hearing or administrative action. A. Individual Mailed Notice. 1. Except as otherwise provided for herein, notice of a land use application shall be mailed at least twenty days prior to the hearing for those matters set for hearing, or within ten days after receipt of an application for those matters to be processed administratively with notice. Written notice shall be sent by snail to the following persons: a. The applicant. b. Owners of record of property as shown on the most recent property tax assessment roll of property located: 1. Within 100 feet of the property that is the subject of the notice where any part of the subject property is within an urban growth boundary; 2. Within 250 feet of the property that is the subject of the notice where the subject property is outside an urban growth boundary and not within a farm or forest zone, except where greater notice is required under subsection A(4) of this section for structures proposed to exceed 30 feet in height; or 3. Within 380 750 feet of the property that is the subject of the notice where the subject property is within a farm or forest zone, except whererg eater notice is required under subsection A(4) of this section for structures posed to exceed 30 feet in height. c. For a solar access or solar shade exception application, only those owners of record identified in the application as being burdened by the approval of such an application. d. The owner of a public use airport if the airport is located within 10,000 feet of the subject property. e. The tenants of a mobile home park when the application is for the rezoning of any part or all of a mobile home park. f. The planning commission. g. Any neighborhood or community organization formally recognized by the board under criteria established by the board whose boundaries include the site. h. At the discretion of the applicant, the county also shall provide notice to the Department of Land Conservation and Development. 2. Notwithstanding DCC 22.24.030(A)(1) (a)(1), all owners of property within 250 feet of property that is the subject of a plan amendment application or zone change application shall receive notice. 3. The failure of a property owner to receive mailed notice shall not invalidate any land use approval if the planning division can show by affidavit that such notice was given. 4. For structures proposed to exceed 30 feet in height that are located outside of an urban growth boundary, the area for describing persons entitled to notice under subsection A(1)(b) of this section shall expand outward by a distance equal to the distance of the initial notice area boundary for every 30 foot height increment or portion thereof. B. Posted Notice. 1. Notice of a land use action application for which prior notice procedures are chosen shall be posted on the subject property for at least 10 continuous days prior to any date set for receipt of comments. Such notice shall, where practicable, be visible from any adjacent public way. Page 1 of 2 — EXHIBIT "E" TO ORDINANCE NO. 99-031 (10-27-99) 2. Posted notice of an application for a utility facility line approval shall be by posting the proposed route at intervals of not less than one-half mile. The notice shall be posted as close as practicable to, and be visible from, any public way in the vicinity of the proposed route. 3. Notice of a solar access application shall be posted as near as practicable to each lot identified in the application. C. Published Notice. In addition to notice by mail and posting, notice of an initial hearing shall be published in a newspaper of general circulation in the county at least 20 days prior to the hearing. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. (Ord. 99-031 § 7, 1999; Ord. 96-071 § 1D, 1996; Ord. 95-071 § 1, 1995; Ord. 95-045 § 12, 1995; Ord. 91-013 § 7-8, 1991; Ord. 90-007 § 1, 1990) Page 2 of 2 — EXHIBIT `B" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "F" 22.24.125. Setting the hearing. A. After an application is deemed accepted a hearing date shall be set. A hearing date may be changed by the county staff, or the hearings body up until the time notice of the hearing is mailed. Once the notice of hearing is mailed any changes in the hearing date shall be processed as a continuance in accordance with DCC 22.24.140. B. If an applicant requests that a hearing date be changed, such request shall be granted only if the applicant agrees that the extended time period for the hearing shall not count against the 4-20 150 -day time limit set forth in DCC 22.20.040. (Ord. 99-031 § 8, 1999; Ord. 96-071 § 1D, 1996; Ord. 95-045 § 17, 1995) Page 1 of 1 — EXHIBIT "F" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "G" 22.24.130. Close of the record. A. Except as set forth herein, the record shall be closed to further testimony or submission of further argument or evidence at the end of the presentations before the hearings body. B. If the hearing is continued or the record is held open under DCC 22.24.140, further evidence or testimony shall be taken only in accordance with the provisions of that section. C. Otherwise, further testimony or evidence will be allowed only if the record is reopened under DCC 22.24.160. D. An applicant shall be allowed, unless waived, to submit final written arguments in support of its application after the record has closed within such time limits as the hearings body shall set. The hearings body shall allow applicant at least seven days to submit its argument, which time shall be counted against the 4-20 150 -day clock. (Ord. 99-031 § 9, 1999; Ord. 96-071 § ID, 1996; Ord. 95-045 § 19, 1995;.Ord. 90-007 § 1, 1990) Page 1 of 1 — EXHIBIT "G" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "H" 22.24.140. Continuances or record extensions. A. Grounds. 1. Prior to the date set for an initial hearing, an applicant shall receive a continuance upon any request. If a continuance request is made after the published or mailed notice has been provided by the county, the hearings body shall take evidence at the scheduled hearing date from any party wishing to testify at that time after notifying those present of the continuance. 2. Any party is entitled to a continuance of the initial evidentiary hearing or to have the record left open in such a proceeding in the following instances: a. Where additional documents or evidence are submitted by any party; or b. Upon a party's request made prior to the close of the hearing for time to present additional evidence or testimony. For the purposes of DCC 22.24.140(A)(2), "additional documents or evidence" shall mean documents or evidence containing new facts or analysis that are submitted after notice of the hearing. 3. The grant of a continuance or record extension in any other circumstance shall be at the discretion of the hearings body. B. Except for continuance requests made under DCC 22.24.140(A)(1), the choice between granting a continuance or leaving the record open shall be at the discretion of the hearings body. After a choice has been made between leaving the record open and granting a continuance, the hearing shall be governed thereafter by the provisions that relate to the path chosen. C. Continuances. 1. If the hearings body grants a continuance, the hearing shall be continued to a date, time and place certain at least seven days from the date of the initial hearing. 2. An opportunity shall be provided at the continued hearing for persons to rebut new evidence and testimony received at the continued hearing. 3. If new written evidence is submitted at the continued hearing, any person may request prior to the conclusion of the continued hearing that the record be left open for at least seven days to allow submittal of additional written evidence or testimony. Such additional written evidence or testimony shall be limited to evidence or testimony that rebuts the new written evidence or testimony. D. Leaving record open. If at the conclusion of the hearing the hearings body leaves the record open for additional written evidence or testimony, the record shall be left open for at least 14 additional days, allowing at least the first 7 days for submittal of new written evidence or testimony and at least 7 additional days for response to the evidence received while the record was held open. Written evidence or testimony submitted during the period the record is held open shall be limited to evidence or testimony that rebuts previously submitted evidence or testimony. E. A continuance or record extension granted under this section shall be subject to the 420 150 -day time limit unless the continuance or extension is requested or otherwise agreed to by the applicant. When the record is left open or a Page 1 of 2 — EXHIBIT "H" TO ORDINANCE NO. 99-031 (10-27-99) continuance is granted after a request by an applicant, the time period during which the 429 150 -day clock is suspended shall include the time period made available to the applicant and any time period given to parties to respond to the applicant's submittal. (Ord. 99-031 § 10, 1999; Ord. 96-071 § 1D, 1996; Ord. 95-045 § 18, 1.995; Ord. 91-013 § 9, 1991; Ord. 90-007 § 1, 1990) Page 2 of 2 — EXHIBIT "H" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "I" 22.24.160. Reopening the record. A. The hearings body may at its discretion reopen the record, either upon request or on its own initiative. The hearings body shall not reopen the record at the request of an applicant unless the applicant has agreed in writing to an extension or a waiver of the IN 150 -day time limit. B. Procedures. 1. Except as otherwise provided for in this section, the manner of testimony (whether oral or written) and time limits for testimony to be offered upon reopening of the record shall be at the discretion at the hearings body. 2. The hearings body shall give written notice to the parties that the record is being reopened, stating the reason for reopening the record and how parties can respond. The parties shall be allowed to raise new issues that relate to the new evidence, testimony or criteria for decision-making that apply to the matter at issue. (Ord. 99-031 § 11, 1999; Ord. 96-071 § 1D, 1996; Ord. 95-045 § 21, 1995) Page 1 of 1 — EXHIBIT "I" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "J" 22.28.015. Findings as to -1-20150-day time limit. Each decision shall include findings as to when the 420 150 -day time period started to run, whether or not the time period was waived or restarted by the applicant, the time periods of any extensions arising by request of the applicant or by operation of law and where the 4-20 150 -day timeclock stands on the date of the decision. (Ord. 99.031 § 12, 1999; Ord. 96-071 § IE, 1996) Page 1 of 1 — EXHIBIT "J" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "K" 22.28.050. Review by planning commission and board. A. Review of an administrative action or a hearings body's decision may be initiated by not less than two members of either the planning commission or the Board of County Commissioners. The planning commission shall not call up a decision of the lower hearings body unless the 420 150 -day time limit has been waived. B. The review shall be initiated in writing within ten twelve days of the date of the mailing of the final written decision of the planning director or lower hearings body. C. Review shall be conducted in the same manner provided for in appeals, except that an appeal fee and transcript shall not be required. Any board order calling up for review a decision shall specify whether the board will review the decision called up on the record or de novo and whether it intends to limit the issues on review to certain specified issues. (Ord. 99-031 § 13, 1999; Ord. 96-071 § IE, 1996; Ord. 95-045 § 25, 1995; Ord. 90-007 § 1, 1990) Page 1 of 1 — EXHIBIT "K" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "L" 22.30.010. Reconsideration. A. An applicant may request that the Hearing Officer's decision be reconsidered as set forth herein. A request for reconsideration shall be accompanied by a fee established by the county and by applicant's written consent that the 4-8 150 -day time clock will not run during the period of the reconsideration. B. Grounds for reconsideration are limited to the following instances where an alleged error substantially affects the rights of the applicant: 1. Correction of an error in a condition established by the Hearing Officer where the condition is not supported by the record or is not supported by law; 2. Correction of errors that are technical or clerical in nature. (Ord. 99.031 § 14, 1999; Ord. 96-071 § IF, 1996; Ord. 95-045 §§ 27 and 28, 1995) Page 1 of 1 — EXHIBIT "L" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "M" 22.30.020. Procedure. A. A request for reconsideration shall be filed with the planning director within ten days of the date the decision was mailed. The request shall identify the alleged error in the hearings officer's decision and shall specify how the applicant would be adversely affected if the alleged error were to remain uncorrected, B. Upon receipt of a request for reconsideration, the planning director shall forward the request for reconsideration to the hearings officer and notify the other parties to the proceeding of the request and allow for a ten-day comment period on the request. At the end of the comment period, the hearings officer shall determine whether the request for reconsideration has merit. C. The hearings officer shall modify the decision upon a determination that the request has merit and the alleged error substantially affects the applicant. Notice of the modification shall be sent to all parties to the proceeding. If the hearings officer determines that no modification is warranted, a determination shall issue to that effect. D. Filing a request for a reconsideration shall not be a precondition for appealing a decision. E. Filing a request for reconsideration stays the deadline for any party to file an appeal of the hearings officer's decision. The appeal period for all parties to the proceeding shall commence upon mailing of a modification or upon mailing a determination that a modification is not warranted. If an opponent files an appeal and an applicant has requested reconsideration, the opponent's appeal shall be stayed pending disposition of the request for modification. If the decision is not modified, the appeal will be processed in accordance with the procedures set forth in Chapter 22.32. If the decision is modified, the appellant must within ten twelve days of the mailing of the modified decision file in writing a statement requesting that its appeal be activated. (Ord. 99-031 § 15, 1999; Ord. 95-045 §§ 27 and 29, 1995) Page 1 of 1 — EXHIBIT "M" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "N" 22.32.015. Filing appeals. A. To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the planning division and an appeal fee. B. Unless a request for reconsideration has been filed, the notice of appeal and appeal fee must be received at the offices of the Deschutes County Community Development Department no later than 5:00 PM on the tenth twelfth day following mailing of the decision. If a decision has been modified on reconsideration, an appeal must be filed no later than 5:00 PM on the tenth twelfth day following mailing of the decision as modified. Notices of Appeals may not be received by facsimile machine. C. If the Board of County Commissioners is the hearings body and the board declines review, a portion of the appeal fee may be refunded. The amount of any refund will depend upon the actual costs incurred by the county in reviewing the appeal. When the board declines review and the decision is subsequently appealed to LUBA, the appeal fee may be applied toward the cost of preparing a transcript of the lower hearings body's decision. D. The appeal fee shall be paid by cash or check or money order, except that local, state or federal governmental agencies may supply a purchase order at the time of filing. (Ord. 99-031 § 16, 1999; Ord. 98-019 § 2, 1998; Ord. 96-071 § 1G, 1996; Ord. 95-045 § 32, 1995; Ord. 94-042 § 2, 1994; Ord. 91-013 §11, 1991; Ord 90-007 §1 1990) Page 1 of 1 — EXHIBIT "N" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "0" 22.32.027. Scope of review. A. Before hearings officer or planning commission. The review on appeal before the hearings officer or planning commission shall be de novo. B. Before the Board. 1. Review before the board, if accepted, shall be on the record except as otherwise provided for in this section. 2. The board may grant an appellant's request for a de novo review at its discretion after consideration of the following factors: a. Whether hearing the application de novo could cause the 4-28 150 -day time limit to be exceeded; and b. If the magnetic tape of the hearing below, or a portion thereof, is unavailable due to a malfunctioning of the recording device during that hearing, whether review on the record would be hampered by the absence of a transcript of all or a portion of the hearing below; or c. Whether the substantial rights of the parties would be significantly prejudiced without de novo review and it does not appear that the request is necessitated by failure of the appellant to present evidence that was available at the time of the previous review; or d. Whether in its sole judgment a de novo hearing is necessary to fully and properly evaluate a significant policy issue relevant to the proposed land use action. For the purposes of this subsection, if an applicant is an appellant, factor 2.a. shall not weigh against the appellant's request if the applicant has submitted with its notice of appeal written consent on a form approved by the county to restart the 4-20 150 -day time clock as of the date of the acceptance of applicant's appeal. 3. Notwithstanding section 22.32.027(B)(2), the board may decide on its own to hear a timely filed appeal de novo. 4. The board may, at its discretion, determine that it will limit the issues on appeal to those listed in an appellant's notice of appeal or to one or more specific issues from among those listed on an applicant's notice of appeal. (Ord. 99-031 § 17, 1999; Ord. 96-071 § 1G, 1996) Page 1 of 1 — EXHIBIT "0" TO ORDINANCE NO. 99-031 (10-27-99) Exhibit "P" 22.34.030. Notice and hearings requirements. A. The county shall conduct a hearing on any remanded or withdrawn decision, the scope of which shall be determined in accordance with the applicable provisions of this Chapter and state law. Unless state law requires otherwise, only those persons who were parties to the proceedings before the county shall be entitled to notice and be entitled to participate in any hearing on remand. B. The hearing procedures shall comply with the minimum requirements of state law and due process for hearings on remand and need comply with the requirements of DCC 22.24 only to the extent that such procedures are applicable to remand proceedings under state law. C. A final decision shall be made within 90 days of the date the remand order becomes effective. (Ord. 99-031 § 17 1999; Ord. 95-045 §§ 39 and 41A) Page 1 of 1 — EXHIBIT "P" TO ORDINANCE NO. 99-031 (10-27-99)