(A) Pre-application conference. A pre-application conference is required for all Type IV legislative applications initiated by a party other than the city. The City Manager may waive this requirement upon request of the applicant. The requirements and procedures for a pre-application conference are described in § 155.026 of this chapter.
(B) Timing of requests. The city accepts legislative requests at any time. The City Council may initiate its own legislative proposals at any time.
(C) Application requirements.
(1) Application forms. A legislative application shall be made on forms provided by the city.
(2) Submittal information. The application shall contain:
(a) The information requested on the application form;
(b) A map and/or plan addressing the appropriate criteria and standards in sufficient detail for review and decision (as applicable);
(c) The required fee pursuant to § 155.009 of this chapter;
(d) One copy of a letter or narrative statement that explains how the application satisfies all of the relevant approval criteria and standards;
(e) Evidence of the required neighborhood meeting, as specified in § 155.027 of this chapter; and
(f) Appropriate service provider letters including, but not limited to, Clean Water Services and Tualatin Valley Fire & Rescue.
(D) Notice of hearing.
(1) Required hearings. A minimum of two hearings, one before the Planning Commission and one before the City Council, are required for all legislative applications.
(2) Notification requirements. Notice of public hearings for the application shall be given by the city in the following manner:
(a) At least ten days before the date of the first hearing on an ordinance that proposes to amend the Comprehensive Plan or any element thereof, rezone property or amend this chapter, a notice shall be mailed to:
1. Each owner whose property would be rezoned in order to implement the ordinance (including owners of property subject to a Comprehensive Plan amendment if a zone change will be required to implement the proposed Comprehensive Plan amendment);
2. Owners of property within 250 feet of property to be rezoned;
3. Any affected governmental agency; and
4. Any person who requests notice in writing.
(b) For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175; and
(c) For a zone change affecting an airport, the owners of the airport in accordance with ORS 227.175.
(3) At least ten days before the first evidentiary hearing, public notice shall be published in a newspaper of general circulation in the city.
(4) The City Planner or designee shall:
(a) For each mailing of notice, file an affidavit of mailing in the record as provided by division (D)(2)(a) above;
(b) For each published notice, file in the record the affidavit of publication in a newspaper that is required in division (D)(3) above;
(c) The state’s Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed Comprehensive Plan and chapter amendments at least 35 days before the first public hearing at which public testimony or new evidence will be received, or at such lesser time as the law may allow. The notice to DLCD shall include a DLCD notice of proposed change form;
(e) The mailed and published notices shall include the following information:
1. The number and title of the file containing the application, and the address and telephone number of the City Planner or designee’s office where additional information about the application can be obtained;
2. The proposed site location;
3. A description of the proposed site and the proposal in enough detail to determine what change is proposed, and the place where all relevant materials and information may be obtained or reviewed;
4. The time(s), place(s) and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure as put forth in division (E) of this section, adopted by the Council and available at City Hall; and
5. Each mailed notice required by division (D)(4) above shall contain the following statement: “Notice to mortgagee, lienholder, vendor or seller: If you receive this notice, it shall be promptly forwarded to the purchaser.”
(f) The failure of a person to receive notice shall not invalidate the action; provided:
1. Mailed notice is deemed given where the notice is deposited with the United States Postal Service; and
2. Published notice is deemed given on the date it is published.
(E) Hearing process and procedures. Unless otherwise provided in the rules of procedure adopted by the City Council:
(1) The Presiding Officer of the Planning Commission and of the City Council have the authority to:
(a) Regulate the course, sequence and decorum of the hearing;
(b) Direct procedural requirements or similar matters; and
(c) Impose reasonable time limits for oral presentations.
(2) A person may not address the Commission or the Council without:
(a) Receiving recognition from the Presiding Officer; and
(b) Stating the person’s full name and address.
(3) Disruptive conduct such as, but not limited to, applause or cheering may be cause for expulsion from the hearing, termination or continuation of the hearing or other appropriate action determined by the Presiding Officer.
(4) Unless otherwise provided in the rules of procedures adopted by the Council, the Presiding Officer of the Commission and of the Council shall conduct the hearing as follows.
(a) The Presiding Officer shall begin the hearing with a statement of the nature of the matter before the body, a general summary of the procedures, a summary of the standards for decision-making and whether the decision which will be made is a recommendation to the City Council or the final decision of the Council;
(b) The City Planner or designee’s report and other applicable staff reports shall be presented;
(c) The public shall be invited to testify. The public hearing may be continued to allow additional testimony or it may be closed; and
(d) The body’s deliberation may include questions to the staff, comments from the staff and inquiries directed to any person present.
(F) Continuation of the public hearing. The Planning Commission or the City Council may continue any hearing and no additional notice of hearing shall be required if the matter is continued to a specified place, date and time.
(G) Approval process and authority.
(1) The Planning Commission shall:
(a) After notice and a public hearing, prepare and vote on a recommendation to the City Council whether to approve, approve with modifications, approve with conditions or deny the proposed change or adopt an alternative;
(b) Within 14 days of adopting a recommendation, the Presiding Officer shall sign the written recommendation and it shall be filed with the City Planner or designee; and
(c) Any member of the Planning Commission who votes in opposition to the Planning Commission’s majority recommendation may file in the city planning file a written statement of opposition prior to the hearing on the proposal before the City Council. City planning staff shall send a copy to each Council member and place a copy in the record.
(2) If the Planning Commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change or adopt an alternative proposal within 60 days of its first public hearing on the proposed change, city staff shall:
(a) Report the failure together with the proposed change to the City Council; and
(b) Provide notice and put the matter on the City Council’s agenda for the City Council to hold a public hearing and make a decision. Thereafter, no further action shall be taken by the Commission.
(3) The City Council shall:
(a) Approve, approve with modifications, approve with conditions, deny or adopt an alternative to an application for legislative change. The City Council also may remand the application to the Planning Commission for rehearing and reconsideration on all or part of the application; and
(b) Consider the recommendation of the Planning Commission; however, the City Council is not bound by the Commission’s recommendation.
(4) The City Council shall approve any legislation by ordinance, which shall be signed by the Mayor after adoption.
(H) Vote required for a legislative change.
(1) A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for approval, approval with modifications and approval with conditions, denial or adoption of an alternative.
(2) A vote by a majority of the qualified members of the City Council present is required to decide any motion made on the proposal.
(I) Notice of decision. Notice of a legislative decision shall be mailed to the applicant, all participants of record and the Department of Land Conservation and Development (DLCD), within five days after the City Council’s decision, per DLCD regulations. The city shall also provide notice to all persons as required by other applicable laws.
(J) Final decision and effective date. A legislative decision, if approved, shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.
(K) Record of the public hearing.
(1) A verbatim record of the proceeding shall be made by stenographic, mechanical or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record;
(2) All exhibits received and displayed shall be marked to provide identification and shall be part of the record;
(3) The official record shall include:
(a) All materials considered by the hearings body;
(b) All materials submitted by city staff to the hearings body regarding the application;
(c) The verbatim record made by the stenographic, mechanical or electronic means; the minutes of the hearing; and other documents considered;
(d) Application requirements and review procedures;
(e) The final ordinance;
(f) All correspondence; and
(g) A copy of the notices that were given as required by this chapter.
(Prior Code, § 16.170.035) (Ord. 427, passed 5-16-2016; Ord. 435, passed 12-5-2016; Ord. 445, passed 5-15-2017; Ord. 451, passed 6-4-2018; Ord. 467, passed 1-21-2020)