(1999), for the proposition that a local government cannot require, as a condition for <br />2 processing an application, something that is not expressly provided for under the local code.l <br />Petitioner also argues that the city's action is inconsistent with ORS 227.178(2), <br />4 which prescribes the manner in which permit applications are deemed complete.' According <br />5 to petitioner, under ORS 227.178(2) <br />6 "[the] City must evaluate an application upon receipt and, within 30 days, <br />7 inform the applicant of exactly what information is missing. The applicant <br />8 then has two options. The first is that the applicant can provide the missing <br />9 information to the City. If the applicant does that, then the City is to deem the <br />10 application complete when it receives the missing information. Alternatively, <br />11_ the second option is that the applicant can refuse to submit the missing <br />12 information. In that instance, the City is to deem the application `complete' <br />13 on the thirty-first day after the City received the application. The choice of <br />14 whether or not to submit additional information is entirely up to the applicant. <br />15 Regardless of which route an applicant decides to take. ORS 227.178(2) <br />' In Downani, the city rejected a site review application because it was signed by the prospective purchaser <br />of the property rather than the owner. Nothing in the city's code required that the owner sign the application. <br />Instead, the city relied on a code provision that allowed the city prescribe the manner of application, and the <br />fact that signature line on its site review application form asked for the signature of the "owner." as a basis to <br />reject the application. LU~3A disagreed that the city's code provided a sufficient basis for the city to reject the <br />application, simply because it was not signed by the owner. <br />ORS 227.178 provides, in relevant part: <br />"(1) Except as provided in subsections (3) and (4) ofthis section, the governing body of a <br />city or its designee shall take final action on an application for a permit * * * <br />including resolution of all appeals under ORS 227.180, within 120 days after the <br />application is deemed complete. <br />"(2) If an application for a permit * * * is incomplete, the governing body or its designee <br />shall notify the applicant of exactly what information is missing within 30 days of <br />receipt of the application and allow the applicant to submit the missing information. <br />The application shall be deemed complete for the purpose of subsection (I) of this <br />section upon receipt by the governing body or its designee of the missing <br />information. If the applicant refuses to submit the missing information, the <br />application shall be deemed complete for the purpose of subsection (1) of this <br />section on the 31 st day after the governing body first received the application. <br />"(3) If the application was complete when first submitted or the applicant submits the <br />requested additional information within 180 days of the date the application was first <br />submitted and the city has a comprehensive plan and land use regulations <br />acknowledged under ORS 197 251, approval or denial of the application shall be <br />based upon the standards and criteria that were applicable at the time the application <br />was first submitted." <br />Page 5 <br />