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HomeMy WebLinkAboutOrdinance 1639ORDINANCE NO. 1639 AN ORDINANCE REVISING THE PROCEDURE FOR PUBLIC HEARINGS TO CONFORM TO STATE LAW THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Section 1.24.030D of the Central Point Municipal Code is hereby repealed. Section 2. Section 1.24.060 of the Central Point Municipal Code is hereby amended to read as follows: 1.24.060 Notice Re uirements. Notice for all public hearings shall comply with ORS 197.763(2) and (3). Section 3. Section 1.24.070 of the Central Point Municipal Code is hereby amended to read as follows: 1.24.070 Conduct of Public Hearin A. At the date and time set £or public hearing, in accordance with the notices thereof, the planning commission or city council shall hold a public hearing on the application, acting as a quasi-judicial body and subject to all of the procedural requirements in connection therewith. The format of the public hearing shall include the following: 1. A description of the application; 2. A reading into the record of the notice provided of the hearing; 3. A declaration of any conflicts of interest by any member; 4. A declaration of any ex parte communication by any member, and in the event of any such declaration, the procedure described in ORS 227.180(3) shall be followed; 5. A statement that: a. Lists the applicable substantive criteria; b. States that testimony and evidence must be directed toward the criteria described or other criteria in the comprehensive plan or land use regulations which the person believes to apply to the decision; c. States that failure to raise an issue with sufficient specificity to afford the decision-maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue; ORDINANCE NO. 1639 _ 1 (PUBLHRGS.ORD - 050790) 6. Receipt of the staff report including the proposed findings and recommendations; 7. Receipt of the planning commission report, if applicable, including proposed findings and recommendations; 8. A marking of and incorporation into the record of all exhibits; 9. An opportunity for presentation by the applicant, which presentation should not exceed thirty minutes; 10. An opportunity for presentation by other proponents o£ the application, with the presentation o£ each group's spokesman not to exceed thirty minutes, and the presentation of each individual not to exceed ten minutes; 11. An opportunity for presentation by opponents of the application, with the presentation of each group's spokesman not to exceed thirty minutes, and the presentation of each individual not to exceed ten minutes; 12. An opportunity for questions to be asked by all persons making presentation by both the planning commission or city council, and members of the public; 13. Closure of the public portion of the hearing and deliberation. B. The planning commission or the city council may allow the application, allow the same with conditions or modifications, or deny the same. In the event of denial, an application shall not be refiled within one year o£ denial unless the planning commission or city council expressly grants the right to refile, for reasons which shall be stated in the record. C. The planning commission or city council shall make findings of fact in connection with their decision on the application, with said findings to include the applicable criteria and standards, the facts they find to be supported by substantial evidence, and conclusions describing how the facts either support or prevent allowance of the application, based upon the applicable standards and criteria. Such findings may be read into the record as part of a motion made at the time of the meeting, in support of the action taken, or the planning commission or council may direct that such findings be prepared in written form. by the applicant or staff, to be presented at the next regularly scheduled meeting. Such findings shall be in written form and shall be attached as an exhibit to any resolution or ordinance passed relating to the application. D. The presiding officer of the planning commission or city council shall have authority to: 1. Regulate the course and decorum of the meetings; 2. Dispose of procedural requests or similar matters; 3. Rule on offers of proof and relevancy of evidence; 4. Impose reasonable limitations on the number of witnesses heard and set reasonable time limits £or oral presentation, cross-examination, and rebuttal testimony; 5. Question any person appearing, and allow other members to question any other person; ORDINANCE NO. 1639 - 2 (PUBLHRGS.ORD - 050790) 6. Waive, in his discretion, the application o£ any rule in this chapter where the circumstances of the hearing indicated that it would be expedient and proper to do so, provided that such wavier does not act to prejudice or deny any party his substantial rights as provided in this chapter or otherwise by law; 7. Take such other action as authorized by the council or commission to appropriately conduct the hearing. E. A ruling of the presiding officer may be appealed by any member present. The appeal must be seconded. A ruling may be reversed by a majority o£ the members present and voting. A tie vote sustains the chair's decision. F. Procedure for declaration of conflicts of interest shall be as follows: 1. Prior Disclosure. Members of the council or commission should disclose prehearing ex parte contacts with any interested party or any actual or potential conflict of interest prior to the public hearing. 2. Challenges to Impartiality. A party to a hearing or a member of a hearing body may challenge the qualifications of a member to participate in the hearing and decision regarding the matter. The challenge shall state by affidavit the facts relied upon by the challenger relating to a person's bias, prejudgment, personal interest, or other facts from which the challenger has concluded that the member o£ the hearing body cannot participate in an impartial manner. Except for good cause shown, a challenge shall be delivered by personal service to the city administrator not less than twenty-four hours preceding the time set for public hearing. The administrator shall attempt to notify the members whose qualifications are challenged prior to the meeting. The challenge shall be incorporated into the record of the hearing. 3. Disqualification. No member shall participate in discussion o£ the proposal or vote on the proposal or any procedural matter related thereto when any of the following conditions exist: a. Any o£ the following have a direct or substantial financial interest in the proposal: the member or the member's spouse, brother, sister, child, parent, father-in- law, mother-in-law, any business in which the member is then serving or has served within the previous two years, or any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment; b. The member owns property within the area entitled to receive notice by mail of the public hearing; c. For any other reason, the member himself has determined that his own participation in the hearing and decision cannot be in an impartial manner. Disqualification for such reasons (other than the member's own judgment) may be ordered by a majority of the members of a hearing body present and voting if the member does not voluntarily abstain. The member who is the ORDINANCE NO. 1639 _ g (PUBLHRGS.ORD - 050790) subject of the motion for disqualification may not vote on the motion. 4. Participation by interested Officers or Employees. No officer or employee of the city who has a financial or other private interest in a proposal shall participate in discussion with or give an official opinion to the hearing body on the proposal without first declaring for the record the nature and extent of such interest. 5. Rights of Disqualified Member of the Hearing Body. a. An abstaining or disqualified member of the hearing body may be counted for purposes of forming a quorum if he is present. A member who represents personal interest at a hearing may do so only by abstaining from voting on the proposal, physically joining the audience and vacating the seat on the hearing body, and making full disclosure of his or her status and position at the time of addressing the hearing body. b. If the number of abstentions or disqualifications would make it impossible for the hearing body to make a decision, the members, after stating their reasons for abstention or disqualification, shall by so doing be requalified and proceed to resolve the issues (Ord. 1368 §ipart, 1979). G. All public hearings under this chapter shall also conform with the provisions of ORS 197.763, and to the extent that any provision of this ordinance shall be in conflict with said statute, the statutory provisions shall prevail. Section 4. There is hereby added to the Municipal Code of Central Point Section 1.24.075 which is to read as follows: 1.24.075 Determination. The city council, or its designate, shall take final action, including disposition of any appeals, upon any application for permit, zone change or approval of tentative plan for subdivision or partition within 120 days after the application is deemed complete. Section 5. Section 1.24.080 of the Central Point Municipal Code is amended to read as follows: 1.24.080 Request for Review. A. Any party aggrieved by the action of the planning commission or city council may request review of such action by the council, or the council may on its own motion schedule any matter for review. In the case of a request for review, the same must be filed in writing with the city administrator no more than seven days after the date the city mails or delivers the decision being appealed from to the parties, and in the case of own-motion review, the council motion shall be made no later than the next regularly scheduled council meeting. Review shall be held at the earliest regularly scheduled council meeting that allows for compliance with the ORDINANCE NO. 1639 _ 4 (PUBLHRGS.ORD - 050790) notice requirements. B. The city administrator shall publish notice at least once during the week prior to the date of the review hearing in a newspaper of general circulation within the city, with said notice to describe the action previously taken and the date, time and place of the review hearing. In all cases in which notice had initially been required in some manner other than publication, notice of the review hearing shall be given in the same manner and under the same terms and conditions. C. At the review hearing, the applicant, proponents and opponents of the application, and other interested persons, shall be given an opportunity to make an oral presentation in support of their respective positions. The council may, in its discretion, allow additional evidence, or limit review to the existing records, but shall in any event allow opportunities for argument to be made. D. At the conclusion of the review hearing, the council may affirm, modify or reverse the prior determination, but in the event of a modification or reversal of the prior decision, it shall enter its findings in support thereof in writing into the record. Passed by the Council and signed by me in authentication of its passage this ~ day of ATTEST: ~~/lliyr,7 .G ( .~, ~t ~Ll~o > Designat City Off' er APPROVED by me this ~~ ORDINANCE NO. 1639 - 5 (PUBLHRGS.ORD - 050790)