(A) Scope of review. All appeals and Council-initiated review in quasi-judicial land use proceedings shall be new (de novo) and shall be held on the record.
(B) Conflicts of interest.
(1) A member of the Council shall not participate in a discussion or vote in a quasi-judicial land use proceeding if:
(a) The member has an actual conflict of interest as defined by the Oregon Revised Statutes or the City Charter.
(b) The member was not present during the public hearing; provided, however, the member may participate if they have reviewed the evidence, including recordings of the hearing, and declared such fact for the record.
(2) Members of the Council shall reveal any ex parte contacts with regard to the proceeding at the commencement of any quasi-judicial land use proceeding. If such contact impairs the member's impartiality, the member shall state this fact and abstain from participation in the matter.
(C) Burden of proof. The proponent has the burden of proof on all elements of the proposal, and the proposal must be supported by proof that it conforms to all applicable standards and criteria.
(1) The decision of the Council shall be based on the applicable standards and criteria as set forth in the city's Municipal Code, the city's Comprehensive Plan, and, if applicable, any other land use standards imposed by state law or administrative rule.
(2) The proponent, any opponents, and/or city staff may submit to the Council a set of written findings or statements of factual information which are intended to demonstrate the proposal complies or fails to comply with any or all applicable standards and criteria.
(D) Hearing procedures. The order of hearings in quasi-judicial land use matters shall be:
(1) Land use hearing disclosure statement. The City Recorder shall read the land use hearing disclose statement, which shall include:
(a) A list of the applicable criteria;
(b) A statement that testimony, arguments and evidence must be directed toward the applicable criteria or other criteria in the plan or land use regulation which the person believes to apply to the decision;
(c) A statement that failure to raise an issue accompanied by statements or evidence sufficient to afford the council and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue; and
(d) If applicable, a statement that a failure to raise constitutional issues relating to proposed conditions of approval precludes an action for damages in circuit court.
(2) Call for ex parte contacts. The presiding officer shall inquire whether any member of the Council has had ex parte contacts. Any member of the Council announcing an ex parte contact shall state for the record the nature and content of the contact.
(3) Call for abstentions. The presiding officer shall inquire whether any member of the Council must abstain from participating in the hearing due to a conflict of interest. Any member of the Council announcing a conflict of interest shall state the nature of the conflict, and shall not participate in the proceeding, unless the person's vote is necessary to meet a requirement of a minimum number of votes necessary to take official action; provided, however, that the member shall not participate in any discussion or debate on the issue of which the conflict arises.
(4) Staff summary. Planning staff shall present a summary and recommendation concerning the proposal.
(5) Presentation of the case.
(a) Proponent's case. Twenty minutes total.
(b) Persons in favor. Five minutes per person.
(c) Persons opposed. Five minutes per person.
(d) Other interested persons. Five minutes per person.
(e) Rebuttal. Ten minutes total. Rebuttal may be presented by the proponent. The scope of rebuttal is limited to matters which were introduced during the hearing.
(6) Close of hearing. No further information shall be received after the close of the hearing, except for specific questions directed to staff. If the response to any such questions requires the introduction of additional factual evidence, all parties shall be afforded an opportunity for simultaneous written rebuttal.
(7) Deliberations. Deliberations shall immediately follow the hearing. The Council may delay deliberations to a subsequent time certain.
(8) Findings and order. The Council may approve or reject the proposal.
(a) The Council shall adopt findings to support its decision.
(b) The Council may incorporate findings proposed by the proponent, the opponent or staff in its decision.
(E) Continuances. Only one continuance is available by right. However, nothing in this section shall restrict the Council, in its discretion, from granting additional continuances. Any continuance shall result in a corresponding extension of the 120-day time limitations imposed by the Oregon Revised Statutes.