All public hearings pertaining to quasi-judicial permits, whether before the Planning Commission or City Council, shall comply with the procedures of this Section. In addition, all public hearings held pursuant to this Chapter shall comply with the Oregon Public Meetings Laws, the applicable provisions of Oregon Revised Statutes 197.763, and any other applicable law.
A. Hearing Scheduled: When the City Administrator determines that an application for a Type III or IV quasi-judicial decision is complete or when an appeal of a City Administrator's decision on a Type II application has been filed, a hearing shall be scheduled before the Planning Commission or City Council.
B. Notice Of Hearing: Notice of the hearing shall be issued at least twenty (20) days prior to the hearing in accordance with Section 10-14-6 of this Chapter.
C. Comments From Interested Agencies: The City Administrator shall request comments from interested agencies which may have facilities or jurisdiction affected by the proposal, including, but not limited to, the State Department of Transportation, Umatilla County, the irrigation district, and any other public or private utility or agency.
D. Report: The City Administrator shall prepare a staff report on the application that lists the applicable approval criteria and standards, describes the application and the development proposal, summarizes all relevant City department, agency, and public comments, describes all other pertinent facts as they relate to the application and the approval criteria and standards, and makes a recommendation as to whether each of the approval criteria and standards are met.
E. Announcement: At the beginning of the initial public hearing for any quasi-judicial application or appeal, the following statement shall be announced to those in attendance:
1. That the hearing will proceed in the following general order: staff report, applicant's presentation, testimony in favor of the application, testimony in opposition to the application, rebuttal, record closes, commission deliberation, and decision.
2. That all testimony and evidence submitted, orally or in writing, must be directed toward the applicable approval criteria and standards. If any person believes that other criteria or standards apply in addition to those addressed in the staff report, those criteria must be listed and discussed on the record. The decision maker may reasonably limit oral presentations in length or content depending upon time constraints. Any party may submit written materials of any length while the public record is open.
3. Failure to raise an issue on the record, with sufficient specificity and accompanied by statements or evidence sufficient to afford the City and all parties to respond to the issue, will preclude appeal on that issue to LUBA.
4. Any party wishing a continuance or to keep the record open must make that request while the record is still open.
5. That the Commission or Council chair shall call for any ex parte contacts, conflicts of interest, or bias before the beginning of each hearing item.
F. Requests For Continuances And To Keep The Record Open: The Planning Commission or City Council may continue the hearing from time to time to allow the submission of additional information or for deliberation without additional information. New notice of a continued hearing need not be given so long as a time certain and location for the continued hearing is established. Similarly, the hearing may be closed, but the record left open for the submission of additional written material or other documents and exhibits. The factual and legal issues that may be addressed in any continued hearing or open-record period may be limited.
G. Decision: The Planning Commission or City Council shall identify the basis for its decision in findings of fact and conclusions of law. The findings of fact and conclusions of law may be the staff's report, may be prepared by the applicant, or may be prepared by any other party. When Planning Commission or City Council reaches a tentative decision on any matter, it shall direct the staff or other party to prepare appropriate findings and conclusions, then it shall review the tentative decision before the decision is issued as a final decision. The Planning Commission or City Council may reconvene in public hearing to resolve any questions before the decision becomes final and is signed by the Planning Commission or Council chair. (Ord. 688, 6-15-1999)