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Planning Commission Packet - February 3, 2004
City of Central Point Planning Commission Minutes January 06, 2004 I. MEETING CALLED TO ORDER AT '7:00 P.M. ~~. ROLL CALL: Chairman Chuck Piland, Candy Fish, Don Foster, Paul Lunte, Conzaie Moczygemba, and Wayne Riggs were present. Rick Perry was absezzt. Also in attendance were Tom I~ctz~phrey, Community Dcvclopznent Director; David Alvord, Community Planner; lien Gerschler, Community Planner; and Dave Arkens, GIB Technician. III. COPI2ESPONDENCE Tarn. Humphrey, Community Development Director, reported he received a letter from Comz~zissioner Rick Perry stating his intention to resign from the Planning Commission. effective immediately. Mr. Humphrey said that he will be meeting with potential Citizens Advisory Committee and Planning Commission candidates within the next few weeks to fzll the vacancies. IV. MII~IUTES Commissiozzer Fish made a motion to approve the mznutes Pram December Z, 2003. Commissioner Riggs seconded tine zxzotion. RC}LZ CALL: Fish., yes; Foster, yes; Lunte, yes; Moczygemba, yes; and Riggs, yes, Motion passed. V. PUBLIC APPEARANCE There were no public appearances. VI. BUSINESS A. Continuation of a public hearing to review a site plan application. The applicant is requesting approval to add a duplex on his lot, identified in the records of the Jackson County Assessor as Map 37S 2~V 2, Tax Lot 900, also known as 400 N. IO"' Street, This lot is zoned as R-3, Residential Multiple Family District. Ken Gerschler, Comzrzunity Planner, stated that the applicant, Mr. Owens, was not in attendance. It is the Planning Department's recommendation that the Planning Camznission make a motion to continue this item to the February 3rd, 24fl4 mcetizag, giving Mr. C~wcns tiz~~e to resolve so~~~e areas of concez-n at the site. Commissioner Fislz made a motion to continue the £)~vens site plan review to tl~e February 3r~, 2004 meeting. Commissioner Lunte seconded the notion. RQLL CALL: The motion passed uz7aniznozzsly. B, Public bearing to review an application for a condrtional use permit to be located in an area near Scenic Avenue and Dobrot Way, known as 2002 Scenic Avenue. Tlae purpose of the application is to expand and improve the existing Crater Rock Museum, Ren Gerschler, Community Planner, presented the planning staff report. Mr. Gerschler stated that the Grater Rock Museum has been a vezy popular place for local schools. The applicant, Frank Callahan, stated that money provided through grants and donations will help expand the current facility for additional museum displays. Construction could start in April or May or when monies become available to complete tl~a project. The current plans show a parking area offof Packwood Street which will be constructed only if they need the additional parking. The conditional use permit meets current zoning codes and there have beezz no complaints from neighbors. Mr. Gerschler read the Findings of Fact 8~ Conclusions of Law. Additional parking will be added on a lot southeast of the museum and an agreement has been az-ranged to purchase that lot in the future. The lot could be used for temporary parking until improvements can be made. Mr. Gerschler stated that two conditions should be added before a decision is made on this item. The first condition is that the owners of the Crater Rock Museum obtain an agreement with School f3istrict #6 to use the Scenic Middle School for shared parking of larger vehicles such as school buses and overflow parking. The second condition is to obtain an agreement from the property owner of the lot to the southeast to use that lot for temporary parking until the lease agreement is up or until the lot can be purchased for parking improvements. Commissioner Lunte made a motion to adopt Resolutiozz 604 granting approval of a Conditional Ilse Permit to the Roxy Ann Gem & Mineral Society, Inc. to expand and improve the existing Crater Rock Museum :facility with the conditions stated above. Commissioner Fish seconded the motion, R{7LL CALL: The motion passed unanimously. C. Public bearing to review a site plan application to construct a 3'T,419 square foot, Super 8 Motel. The parcel is located near Biddle and Hamrick Road, in the C-4, Tourist and Office zoning district arzd is identified ire the records of the Jackson Co~xnty Assessor as Map 37 2W OIC, Tax Lot 800. Tax lit 800 was previously approved to subdivide into G con~~nercial lots, David Alvord, Community Planner, presented the planning staff report and read through the Findings ofFaet & Conclusions of Law. Chairman Piland asked about where indel~e~ldent trucks would park when they used the mQteL Tl~c applicant, Ke~~ny Johnson, replied that tl~e parking lot would accommodate some independent trucks, but the n--otel would cater to mostly families. Mr. Johnson showed a picture of the water slide and pool area and said that there would be a continental breakfast area in the lobby. Commission Riggs made a motion to adopt Resolution 60S granting approval of a 37,419 square foot Super 8 Motel on the southeast corner of Biddle and Hamrick Roads. Commissioner Fish seconded the motion. ROLL CALL: The rnotion passed unanimously. VII. MISCELLANEC}US Torn Humphrey stated that he will be calling applicants for the planning manager position. interviews soon. Filling this position will allow Mr. Humphrey to focus his attention on downtown revitalization anal other projects. Mr. Humphrey invited the Planning Commission members to the Citizens Advisory Committee meeting scheduled for January 27 at 5:3C} P.M. being held at Scenic Middle School library. A consultant will be there to answer questions. Wal-mart has a complete application to us and a Planning Commission. meeting will be scheduled after tlae traffic study is complete. VIII. ADJC}URNMENT Commissioner Fish made a motion to adjourn the meeting. Commissioner Lunte seconded the motion. RC}LL CALL: Motion passed unanimously. Meeting was adjourned at 8:2U P.M. ~. ~ ... °; r u ~ ut, ~~. .,; ~~lq i ry ^ ."'u a N. k9 ~;~I i (, ~ y 9 ~ Y k~ ~ h '~ Gm V ~r M Y d yd ~,~ ,w~ ~~. _ ;~ ~ w ' ~. ~5 „_ ..~ ..~ ~" ~ ~~;xrdagora;s rataidt iadaiazlirati{ara grdawth anci ~~~~~~"~cievetopraa{1za1 lII i.ta{> 19GtJs tlncl li)7t)s farcarrapted dw.darac°e~nr raladatlt {erect alsd~s, Urrderlyirrf; tlae cxarac°erra wcyrd~ tw{, prirac:ila~al issz.Ie;~s: tla{, E?I'IVII'Or`Irrl('nt rII'7tt d'{;Unf7rratt;S. trrrl St<11.f`. LtJtl{'.I'(' Farzaaing <arad i~al•c~sl:I°y 11~IV<~ }aistorically laecYra twda {aF the laI°}=est irrdrrstr'i{~~, aarr{t ' ". " ' ,,°` t7 I.r« a 7b ~,. IS whet"{:,' E'dail5t~ltc3lact c)I:ta{'I` zaatur°al rescarlr°d.es vdE'IC~ highly vatr.rc~ci, it wars appar'erat t3aat ti`ae cdaravzlr- .; t ' '' ~.~~,~ ~ lion der diarziraislal-raerat, daF ~,w~w thesf~ lands cdazrtct scricarrsly hurt C~regcarr :s ed.oncarrry. tl less olavidarls larrt {ad~rl~aiiy ~ , irrapdartarat ccdandanaic aspect of land zrs{~ is the coast oC prrtaiic; sd~r~ricx's. ~ plarzrad;d city reciclires f'cwer streets, sh{aI•td~I' sews>r;s, srYaaller water pilaw, erect Fe~wc~r• pcallce axed Firds Figlatc~I~s tlaraz-a acres its sprcawtixal; c{.at.znt:crtaart. I~oiiowirlg a grda~virag trerrci tea coraCr'dat iaaphazar°d and und:dadarctinrrtect cieveldafara~aent ~aract to rxaalce cora~rxarznitie;s livatale>. C~z•egdan identified the Weer{ fear cdarnprc>hcrrasive laian- nirag, taking int:cr trcccaunt a rangdy daf`ialaraniraf; dxlerrael~ats---fr'cam trarastacartatidaza tda tacrusing raed5ds tra r.Irlaara caladyra space, tda iracl{.IStr°iai siting, Futzart~ rarlaan l~araci sup}aiy, grad tiae idzaratifica- t:idan oat` natural rc?sor.rrces. 'I"hesd~ c~oraccar.ns anci tared use issr.res ieci to tine aci<aiaticara caf Senate 13111 10, then Sera~.rte Hill lOQ ire {973. oes t ~ n Use I~tt ~ °'~mregon's 210 cities arlcl 36 cdauntidas are re- .~~" ~~" staorrsiiale Scar adopting iracal coprd~hera- sive plans, ~oraing land, tzchaairaistering tend usc~ regeziations, aracl haraclling i anci use taerrnits. The lore{ piararring Ixarzst tar dome ire. acccardance wit:h state=, stanciar•cis, `t'he I•eszlit is C.I rraosaic d)t` 37~ ttacal laiarls aplali{yd tda ail taz•ivrrteiy da~vracd {anci in C)regorr - 2E~ rrriltion acres ire rltt. Ch•cf;orl cicae~s Iadat leave a state; land trse "p1azl" facer se, grad th€~ state ddad~s radat ~vr'ite lracai c{alaaprehr:rasivda lalarrs, rdand~ lalrct, car° admiraistd~a° leered ctevelcaprxaeaat pdYrrraits. d~ M v, ^' „'x~ ' ,~0. ~M .. °~ ^.. ~~ "1"IZ' sl«itd'. I'k',d'tr1ilY'ti {`1tl{'ti SIBrd'.l C'd)lIr"11.1(','"a te:) ~~ adcatal d:olrll-)I°c~h{~nsiv€' latarrs Grlaci LlI{} (~az`rrl IasC r{?~;Ilirati{ala`^~ ttrld'iu{.till~.~, ;!d)IItI3~s,~ rI{'{°dt{'Cl t{.) carry 1.}aerra darn. it. sets stazlc:tKrrdts <Iradl rr=yu.iz'{x. rxa{'r'ats {'car Itau{~iI cr('tlr{.at: talrllarairrl; l:tar•darli;la atcai.t.It{.=:r, ~t<z#:l~wicid; (a(rzrzrairr~; ¢;caats, srraci ~ICitllir'7zktl`iit.ivt~ r'rrid~s, tt. lad°ridadlic~rtty z•evic~ws tercet c:{nntaz'c>hc~ra- sive iaiaras, <araad~rrdral{3rlts t.da tti{asc~ talarrs ~rract state a~;du~ncy tarda~;I'arns t{a ~;d,,d~ that. tlad~y rxacet ~ttr(.t~wicle=. sf.and:l<zr'd:l~;. (~caz~ra- iardYla{~nsivd~ lalrans C:laat: rxrc~eC tlaesd, st:ancidrrd:is are aiaprcavect, der' "~rctcradawl- e~ciged" lay l~C:t.)C;. t'laras cto radat I°elnaila strati€: raract* tl'ar:y pare ad,kradat-wlectged. t'c.rst-Lzc:kra{awleci tr~ti,zai. l:aica aza~c~ract- mcsnts cacrrr~~ost: ttac~ lady a~ar~trr~ez~at's tirr~e. i~car' dyxarxrptc>, i£~9t~ talarr arxacyncl- raad~rat recitlests were i'ileci wit:la tlae i)elaartrxlcnt irI the first ctuar'td~r~ of tt~ld~ yd~~Ir ~t?t~t}. +~ IS C7 ftt.It~.;°,''~+,,t,w~t-.dr t(.s,d,~o.r~a.trs.{}.°; p; r!t ,Pl~lrl( CDC is tl-IC Land C,darascrvat:icaza erect _., l:)evelcatarraerat ~;darnrnissiora. Its seven citizc~ra elaers are atapcairated lay tine Gdaver- raor anti cdal•rF.irrxacct by thcx Sc~natda. The Corn rraissian acts as the "tacaarci oFclirectdrrs" Fdar the state's larrci r.rse planzairag agency. Cdazaa- raaissicaraer•s arey apiaoint_d~ci tea F{aur year ter~rns anci can serve rao rrxarc than testa ter°I~ras. 'i'la{~y eto ride{ receive a salary or• ernlaloyc?e laen{Jl'its filar their service ern Lire Carxrrxrissid>n. `1`lae CorrarTaission rxarrst leave: C7ne~ rxaeraaber From C'iatsola, Coturxalaia, Gods, Curry, Iainccaln anci Tillarraocak Cdaunties aI°rd those pdartidaras of Ddatrgias erect Lane. Cor.rnties lying west oaf tine srlrzarrtit daF tiae C{a~ISt iZarrge; 'i Twca rraernlac~I's I'c~tar°esc-~ntirlg Clackarrl~as, Mrrttraozrlaia ~ar~rd Washiraf;tcan Corlnties~ 1 CJrae rrrerrllaer repr•d}seratilag i3ent:dall, i..iran, iViarid:rn, i'oik arad 'Yarxalaiii C:dauzaties, and that tadrrtion of Lame C:;{aclrrty lying dust d?f the suraarnit {af tlae C;daasi i~araf;c~; ( ~t;r~ t,ii~:l{ili,l ,~t~~lri`~ u~, 1<ti~la~~;n :ir~~,~ Jp'}SC(1l.~lllr' (.iltlllll~,'S flilil f7l~l~ Ilr~tlltill il!. (._~O!(i'~, '; (Y;ill l!',;' I\,II1'~ i`~i5f ')I ~Ii{~ `~!(llli;;~i~. ~t till. ~ )';~~1 ~`~ ~)1~;('. r )! ti' ilil'7111;1'i Ci'~)l~t Si`i!1 I! t ', lit'-h~~l t _ ):~;;I,ti~t,, t,!il!:;;tit t:r<'nii. l~~n.~ i` ~;~it~, ~''~i C`1~5U7 L. i~~rllli~l (.Il ~.<~U.' '; I; ~ildt'.U7, °t~il;~t ~?'. Sllt~~~u~ttt 1;tr;;!ii11; ~-u~},l t,wrllli) ~I, ''c~t.I~,Cii <11311 ~`i~1i'('I'J~ ~ ;11tll~it",, (~, i ~~' ii nltill~r~r ri'lirt 5i'lifiCit~ lluttl:itt. C il:~!:~!tt'~ =, L.irlu, i~.l-tritlrl, '.A9!!~it~il!I,~~I~1, ~til1C, l'~dt!tiillil~Lt)11 ~i?(1 ~f:lltllllli t OIilll!i"~ ~i`~ (ii;ll ~;ii~ 1~t717 C?1 ~.rtt~{' ~.f11.1111 i~~t~!+ c:~~s! i~l ~ Ili stlrlu;~ii t,!~ ills t tl~lsk ]'~_!!~~•, ,; ii ir'7.';( ;lilt' ltii'1'tli7r,'til1i~~ 't' ~?[ 'i,~.~t~ i ~ t li ails t`.((~t tl i~;l lll~( i~~l !1~ t ~ t ;-t)ti !. 1(1 Iii ~'~I`~i i~??t' 11U I111.•`i `;I1<l~f In ~Illil ~`?t'c-Si`ci (lilts t?i~it „i ;~t. ?Il(3 ~l.tT][' U) ~ -.I; i 'C"~,~ !1 Ili l(I i ;i~ t)I~lii`,. L,~~~( IT1<'litl;i'I~ti ui'~ij ifil~~'.-(IC'I ~'~,?~~nll.!!It'tll. CC'Cjllt'~l,ti Ii;4# k11'~~~t_~.~ti C;~, I:l(~;l~.i:i~}~ r ~ t15t~ U ri`,it;i~ ~U (~lt~ ~;?~I~•`I l::,r ~~i7~7~'t"~ t;i ;,1;- h~~ ~~ ~~ I ~ ti i_1if' )t'I)~LJtliit"Ili ~1 L.T1C~ {~t72'1~~C- ~' I~ ~lj iY1 1 7i~E=i'.~~11]i'111 . I l t5 ~,~lt' ~'.C~ e 1;3R}ItiFl~ 31,~.i' ~J;~ill Ilt ((?171i1t1~~~1t7{1 IS ItJ~;I('<!': ~I~t15%I ?ltl]S ip (!t ('.Milt?, ,I ~i_l,`t'> l5 1 il_,~c' i~,'t'4'~r ~>rtl~ill 5i,~.t:~ 1 ::it,ii ~i f;ttri;.ci „` ~;!> lutliitl!z Cur!lu~ Ii~t;rl ,!~){31 Ilit~iittiiull ~i'~t~ ^n:^tt~' ail>>>it!iti!,;ti:i)I I~t!Itl!:~,r'~)I,itit~i'i'. J <i(_i?{!~ 2111' '`ti t'i t1J ~~f` ,R1(j r Off 11ll iS.tif(i[1 I); ;!,_ t U', al~~li ;lii;Yl 1~111fi, iilt~ Cit'~)h[I111{'ll~ !~5 -~C> tli:~r 1 ;tr,°~ti=la,~i!t i1 ~'r,~25! ~l, ~i!tl ~ii)l it !t'-~-~'~.~- ~l`~i, ,~r 1111 t',:{`i_IUi~ t li'V{_I ~a_l~f( ~ ,_,1;11 ,)it1"i7I111 G~(..tl~~ ~1 ~~i ~.ey k~lE:'I i t1111.(~'~li~,}C)t c~ar~.~ ~: k['1'(I''9. 71, ,;{-I+,;it~i'>it°t '>i'~rt'+:°:1 tnil~rt,lo ; ,>'~ _n'~, il; .~r,itlis ri~t~I ii1~~Lllll;lli! till=~ }lli~ `;LI;'; i,~l~~IF4}3 ~1 aSS!S- I~I?I(i' Iti! ~ilt'til11,1 i~;tlilli?", II ;~I,[?!(~~tii~l(tti`. l1t~~t;~ I)~~j((I~ I('',I.f~i;litil ~jili[ tllli"~s?1 t,"II}t!I1J:, I~)~1~'li~~t"i:1li~Ri(I'!'S(' I'...;lil~!l'~iil>,i!Il,., ,: !il:i~~l e~1lits~ rat 1 n~ ~I;Ir~ ra~lii:ll iii .`,~!Ir~!!?. ~,iu1 tills'[` II['~i~ i?~Ilii'S Tli I~~t'llfl, ~~t'tii;ill I,-UI!l;.tf~lt~ ~~n ~t!tli~;x,iul+~';li 'sjit t<i '. ;t;rf~" !r; ill+':i!z i?l~lil!'T"S 1iit+)IVt7L;. I~lli(~ ~7tii' iliU,l lif~!(1f7!I1~' LI'ii"~ 1't!It"~ t~)I .tli]n ~1~, t,i l.;lIiil ;tsi' i1:'iitift;u i;IPa IS` i)ii 1[7t ;11 t'(i','f `;i 111 it'!11'-. il,l ;il ~>(<?li 'l~.'i'T~- it~~. .~tllr<i~~ [~rutil f,lls' ~;> list(=ti{-,. ~u tilt' ?!<lli~ `~Illlt'ii,ils~ ('~~i;r+ !nlt3~l~,t~l, tl ;k,i O,~i'~,;~ ~,itll!~ lilt' i_.i~(II~I. ~ -1i`: i t~ll`;ISIti Ui IiII(`i' t'('li'1 ".'t"i `:1i}lr) ~!I~±' al~)I )i 31id!i'i1 ~)'`; Str• (' )~'('1't if l," ,tt:tl t~i>r!iitnlr r! fr. ih~~ Sc j~tfr~, ill ('~1, !i!rtl ~=;11 IIti r~Ol~~lltli`,;I:~l ;:~)~ii'~titi ,ti!llt' I~ ;.'? i',, l`I7 ailO(;, C3i'il A'(_?i. ~ 711,~Ui~~ Ill~i`~~ -il,:, ~il)I ~,c;l ~,1;~~!1, I,tliil ~l~i~ ~L'i ~,'~;uis trl ? il~:'',. ~i4g~~ ~~~~~ ~~~~~ ~~.~~~~~~c~~~ ~i~~r~r~~~.~c 7 i71 ~ i ° IY Si JL~i~~_'S. ~1~~7,'t5 ~l i ~.~ r.Sl; ll~_.. 3 L~~ i . < ;i'F117.+1 "dili~ ~i)!Y'.~l.. rj;t: :)1(~5..... 1" ;L~;I_±' ;iii- a;i~~ril3nl ,'`Mils ~:~~!~ ,,.lt:~lti~,i i~, i C~(?{:. 1x'%~I~lili'~ i'a Illf' ~3;it'I I')~l)S. lilt` Ill~3(ll~tltE'~ ~~]~~la',`~ ~ ~+!~'iC.l[" I i~3S` l l ~ll'tl( ~.'(?~Ii li it !i S'i 11 l'\c'Ii~C Ittl';11~~111i O~ filf!tl-SL`~f`~ Iil~~.?Illi}`:' ~ Ilc" ~tl't' S1;ll~' (1l;fir .r~~ ..n +.1I~1?:a.ll ill ui { {,~~~! I,~T~t i l}`,(„;, It`.S(Jill~~_U tllli,lizi~711('IiL. "tt)13!;iil((~ (it~~'r-l~;,F) illyill. U1~I3~U1 f'i~U'~`JII1. i~i ~iS?lll jal~il('(:It(;11 Inl;litttl f~~,!<u~tl~:, <ttui tiii:~i'Il il,<<llvr~it,ur~l~ lli„! Jril~tn (Ilr' rlernt~!n~ ~~I~,; liu; (;t?IUIrz~.t~~`i- 5:1 ~%+' ~~+r~tl ~ISi ~11t~,C1.tT~):, !;?lltl t!st~: ~I~ItI.; ! Ii.il, c3T~' "iCltil)('4~ t1~d~}tu 'I ~ IL!L ?tt"'~.'. 1-(:71!"~ti ii>I1;11 ! 'YCi ~~77t ii:t't ~+j;li~ll Il C1 I itll`;~ ~~~III[1 li, ~ ~ I 'I(jtit.~,~ itlllSi i)P' C't~ll:~ltil~ 111. ~.`~,'"1f12 II?(`S ~i_li,`- itl+° ~'1Izt1 t~=t ~a ,.°:,.,_t , :~:, , {{,~t~rli2u u'ij i,',- 1 ~L")~. .~ . 1 ~' ~~'~'ach of (JrcAl:;ork's ~~() d,itic~s is sr-ar°r°d.arrrkcld;dl ""`~ by ark "r,lrhar! J;tdawl.lk hdarrr~clar'y" {f~JC~Ei}. The UC~13 is a lirkcx clrawrk cal €alkkrklkira~ arkcl rdatkirkf; rkk£alas tda . sl~acaw vvlke!°t; ~a y~° d;it:y dhxped~ts t.d.a ~.;!"faw hcatlk !°esicld~lktitally, " irkdl.lst!°ia€ly iklkCl rorxkkxkdrr•d:i~klly, A Izzclz.zcldzS l.lnrrl ' ' '' d:otpd~arrktccl larks€. Mast d~f the lar-rcl ~ ; d~utsidle ttte f.JGT3 r " wi€1 c,d~rktirkl.kd~ td) ,,, d~ ° crafty, or Idaw- ~~ ~ cler~siCy residerk- ti~kl clevd~lop rkkd~rkf, and urhara services {life sdk~njcr:a} wd~xa't tae ex- fendecl there. "1'Ire zdarkin~ Irk ~kteas outsicld~ of tfke boundary sllcaulci prrakkibit ku°han cleveld~l.~- rxkent arad rlrbark densities. A CJG13 is c€rawn by a c:ornbik~kation ca€'thda clt:y, acljdainir~~; cdaklrktid>s, ~kr~rl slaecial clistticts That ptdavicle irrkportani: services in the "urbznlzat~le" ar°erk, Citiexks raf t:he ~kr"ea arkcl otl~ad~r irkterd~sted peoplda axkcl f;roups ~klsca deterk~xaine vvher°e the UCB will bc~ drawn. Arlnexatacarls da.f' lands wltl-lire tyre urbaxk frotivtf~ bUi.lrkd~kries of CC7re~d:kr~ cdarxkxxkcln€ties are irkcr•e~ksir-kl;ly subject tca a puhfid~ vote. ML;ThC7 days a si~;nil'icaxkt told? in settirkf; the UC7I3 f'o!• the Portlarkc.l ckr•etk. `sect hftp.tl~,vww.mzlltt~d~lk'kah.lila.d~r.rls/rxkefrdk/. LCD[ revlcws tyke laropoaed L1G13 Co make sure it is corksistent witl~k statc~wir3e; plank~kirl~ gd3ala. Ur°l~anizatiork Goal 1 ~ provides a ded:isicax~-rxkal~i~ hierarchy td) aic€ cork'klxkuni- ties ire cleter°rrkinlr~~; hd~w arkcl wFkdtn rdanver- sior-a d:af 1Fk!"kd td7 a!r€~ark uaes wit}`lira ark r!r€~a!'k f;rowth hcaklxkdckr°y anc~ jkkst outsicld.= thdyrtk will occk.rr. " , a awa ~ .,uwuw ..... ...... ~,.;:ww: awn ~ w n.; V w wMu,~ ~~_) R ¢ a "~,t;l3s d~~krk ladj kakdadlif`iedl. €ra t.hd~ f~ivd~ ~~, ~d'.~k!'S 1~!•dara! 1 f)f)~? ttka•cal.a~;l k 1 f)rJ(i, 1`dar c1x- ;~krrkl.ald~, "7 x) lar~da€arastals C.da dxxparkdl l.It;l.,s ~vc~rd? {![ala!"dkvd:dl iaa ()rd=,~;ork 'C'lac~y rlcld.€c~r€ Kk t.datrk€ d~[' ilt>2 ~kd•rd',a tck I1C:=T3s. '1"ca taaaadarkdi its tJC:fi, ~ c:ity rkaa.rs( d:r)rak€~€y wit.lk t:lady ~;t.~llds~vlc€d~ fa.lckraa7ila~; J;d.a<aIs cukcl stand'Irkrcla fear dssl~k€,alislkiakl aak larh~ax! ~;rdawt:lk holtrkd:IKkl,y, lidar st:af'iatics d'a!k CJC.,Li e:~prarksiolks, sd~e l7ttfa://wwr~v.lcxl.statd;.or.k.ls/ r`c!r°akl.lttrxk ~kf. €aaf,d~ 15, ~' reservca of r.!!°t.~arkiralalcX larkcls to pr°d~vic.€d' tk~rk ~() yc~ar° cld>vc:idalackhld~ €tkt~cl supply Inks €:aeer'k the stark[l~kr°cl. `I'he rd~se!•vd= was t.yl~ic~kll,y Idad:a(:ed dalk tlkca frir'kf;du daf'a d~orxklxkrrr~tity"a r.ar€.~an f;ro~~vt.lk hd~k.ax7dary. `I°he urban r°eserve lard~visidar7 d~h=kri~ec€ irk 1f19f), vvhdsr~ tkke Ltknc€ C'c~arkaerv~.a- tiora ranc€ DevdYlcaprrkd~xkt C;rak~kknissiork rk~ade !.!r°ta<krk rd~sc~!°ve~s optiorkaL 'S`I-ke Pear"t.larkcl rk-aetrd7- pdalit:ark ~xr°d.=a is Tkda~nj Icada€cirkl; gat ~k 1«rker tirrxe fko!°izcark Fo!° rirhrkra r.c=sc~r•vd>s. ix~k aclclifior~, an r.rrbara per°irkketer d:dJrkd:d'pt. vvas propdase:cl rks part of~ a Csoal 14 (rural k°esidcynt.i~kl} rk.lldarxkakirk and d7ck1 arnexkc€rkkent l~rod;ess, ~»ciCt ~E ~, ill t` tS he Dd~pak•trxkcaxat ~rarkts plrkrklkixk~ rrkdarkid~s to ja.lrisdictidans ekr°o!.lxkcl the state for lad!!°pascas of° clesi~nirk axkcl cca~ld=t.ini; fhcir laer°id~clir review worle Tana, for regional lax°d~k~le aralvixk~; and regicar-r~kl f~l~nrlirl;, 1`car apd~eific tecfkrkid,al ~kssistarace and d:apkkcity huilchrk~ needs, and td~ assist with c~orxkxkkk!- nity Ican-range °`visid~rkin.'" C.Trants to cdartx- rnunities are in that rrlilliorks dJf d:lollars d?ach faierxniurr~. C3 ~~' ~ 1"i1 t" t'+~ e't1>rS ~`"~."'~`'fkc L)LC;L~ kkas rrkany cd~ntdtmpor°ary prca- ~!'ar7k elerrkents that reflect scarkke ctia!-l~ inf; governrxkent' p!°ioritldts ~kx-ac'1 rkevv corxkk~rara- raity irktd?teats: `I°I-ad, Goverk~ak7kd~nt-to-C~overrkrnd;nt Pro- ~;!•~km r•el~kt:es th€~ afkktc's d: orrilarehenaive larul use lalarizrin~ w[tlk fl7c ccak7arkkcax~ity l~lannirk, __ clevelolazYrc~rrt arrcl laracl cd)nsE?rv~rticrzl dabjr5r~ fives cal' C)reon .s rrzany rYrYCI clivchrse triia~tk sdaverei~;r-rt:ic~s. `I`he 1`~(atr.zr•cr1 1-laz~rcls Pz"c)l;t"arn works to z°d:~l~lrre and ~r a. .d rr„ irnplc~rY~tc~nt: 1'larrrYinf; Cs{)al 7 ' thrd'acrl;lr pcalicy clc~velcap- rtaerat, kal~Yrrnirrg, technical ` assistance. and:k lartblic arad prrafc~ssiorr~rl raa.ztreackr aradk ecluc~rtion. T11e l~rtral 1'rdagr°arr7 leas , c~txabarkecl can a rura] larzcks rraappirll; effort, arz evalrra- tion of cr°iteria used tca clr.talify clevelcrlarrtez~zt dan farrnk~Yrrck, anck z'ules 1'or t1Ye sitira#; raf yotttll carralas. A Gda<zl 1~1, 12ztral esickerrtial IZetlerrYctlcinF; daffoz•t k~Y~ts irrvolvedl rrrany rrtelad:z°s o#` t1Yd: pz.zblic and stake#rolclc~z° grcar:ps irr 1rdMlkairrg tda deterzxrirre t:k+ze future of z•uz"al rc}sicler-trial lar~tcls irr tl~r{~ St:atd~ of C)z"egdan. See d)rtr rctrak pages for more informaticaz~r. Th{; C;darrrrxrunications and:l 1'rtlalic Affaiz°s #'rograrrr rrdaw er~rphasi:ces pukahc affcrir.s, exparrcled pczb3ic. ~Yrrcl legislative or.ttreacl~Y anck media r{rylatiorrs, cc)rrreznity iravcalvernerrt., faasic arrcl technical plarrnirag laz°ogranr educir- tior-z, arrd:i new 1'carms cal' written, vist.t~rl arzcf telecorrrrrrzntnicatirat~s rrredia. The CorYrnretrti- cations l~rograrrY's redesign ol° fire agenc:y's web site reflects a corrrmitment to pulalic car.ttrdaac.lr, Calannirrg profs=ssicanal clevelolarrrd~nt: anck good governrYZent principles. ~` ~ «~;r, ~- . $~'~ .. .r .~ , ~~~,.. _ ~ -~ ~ t~rz drrrkr{.ttacd~rk 17i;;I)rtt:d~ l~d'.sd)ltttid)zl k)z"r:rF;rarrr is 1'iYYC1inF; rrcrvel wR~yw d)1° z°dr,sdalviYY#; frtnek tzsc; <~dazrl'kic~ts. l.,dadakc Ce)r rtc~wly krt.rbkiskad~dk rrz~ttd~rials ort wdtrkcirt#; wit.Ft d-fis- r r~ •'~ d,~~N,~ 9 , ti~~riu li+,e°, lat.tt{', rd`sd.)ktttid;)ri d'dltt- d`f".[)t.S i1t1C' k.ard)kd°.SS1d7ir~t1S. A~;d,rtc;y st~zl`f ~rrrck rrrstrtrz~;c~rs wf~zca <trd> {zt:t<YC:laeck t.d) tlYC~ CiEave~r"trdar"'s ~.CatYrYrrr.trrtty Sc)lutidans Td~Katrz wcr.rl< tca izYYkakc~rrYerzC GcavcrrYCn° 1<it'kY~zbet's Lsiv~.Yfrilitey 1rYrt.iativd; - cyrtrfalaa5lrlra#; t~vr)rkrtkale ccarrYrYYr.rnkt.id~s, laartnerslakps ~YtxzdataF; C;davernzr7ent aF;c=rrcics ~rrack otkaet,s, arrc# rc>_ ~;ionak ~;c,lz.zt:iorrs t.ca vexing lazYCk use; prolakerYZS. `1'hc~ Trar~rspoz•t.<ttlon arrr;l Csrcawtl-z NI`trrcak;c5_ rrYt~nt k'rograrn (kicaLtsd=c:k at I)LC;1~ ar~tck,jd)irrtly sladansd:arecl lay tire? C~z°egcara l)elat.. da#' `1"r•crrtspor.. tfrtiort arYC.l D1JCD) employs #`dwcker•rtk tr<Yrtskadar_ trttion clcakkrrrs td) krella kcacal gcavcryrnzrtents cle~rl witfa tkte clrallerrgc>s arYCl cakapcartztrrltic~s c)C rtrfaarr growth. "TCrM" prcavicles subst~Yrrtial kalanz-zing grants, uz°ka~Yn dlesigrY t:carrrs, slaeci#"ic arrcl cdamprelaezasivd~ lal<Ytrrrirtg ~rssistanc€>, cadet carckin<rrYCd=s, aYrcf a creative vdaice fd.ar livgtkalc rzrrcl e#'flcic~ral; t.rrlaan cotrrrrutnities. A new Geragr<lplric lrrfcar°rn~ttiorr System is desigrrecl to larovid:kc ~rgertcy plarrrrers, tlyda pukalic: anck ckd=cisiorr_maket;s witkr stage-caf-tl~Ye- art rnappit~Yg cGrpabilities. A rteav cornpY"el-ren- sive plan review pz"ac.ess laurscaant tda Sdanate 13i1k 5~k3 enrph~tsi~es fGrst: growing cornrrrr.trri- ties, pr°olaosed UG13 exl>ansieans, arrcl tirncly corrYpIctiorr o#' loz~tg-stanclirrg plane-Ylra~ work tastes. f~CJI~ NtC)~1? ll`~3f`CJI2MATlON, ple~YSe consult rat#rr~r sc,ctiorrs daf our web site at www.lcd.state.car°.us, or call or wrifie us: ~: ~~~ Qepartment of Lind Conservatian and C7evekcrpment 635 C~pittal NE, Suite 150 Salerrr, C?regon 97301-2540 503-373-0050 0.~.`.~'~.,C~. ~: ~i ~ _ ;~1, ~ (''~~» I~epartll~el~t oI' 1,aIId Cclllservatiolt al~d I)evulfllatment ~~,,~ :%~ ~~ G35 f_`r~pitol Sirec>[ Nl, ~tiite X50 ~~,,, ~r `taic~rn C)x-c oz7 ~730~1-2.a4E1 `~-..~-~ ' f` 'Tt~eodorte z2. Kulvzl oski, C;cnreyr2~ar ` '`~? a,5~ -~ g I'hox~e;~{503 3~3-(3(350 Maim/C'~~astal fax: {50:3} 37f3-6(333 I~r""rectoz's/iZurai Tax: {503) 378-5518 'i'C;M/L3ri~az7 fax: {503) 3~8-2t~87 I.1CT.~C Policy l~ aclls for (.hc~ 2{)t}?-()5 I3ie~~~~ir~n~: Web address: http:/lw~rt~.icci.sk~t~.c~z~.lts '1'hc Lazttl C~;onservatitan azttl Dcvcl~~laz2ze€tt CoznznisL,iz_rtz znet ozz Novo t~tbt,r~ 10, 2(1033, to r•evie~v ~ a Department oC 1_.and Corlsez-vatiotz oral l7evc]opnlcrlt re;pt~rt ott policy arld l~rogratt7 issues. LCDC clecideti to puz'sue the Fa]]owing izzitiatives this l~ictttlittzn: 1. Make sttz•e lrtnd use p]ar~nittg is ]part cif (~regott's I;conan~ic t~evelopznez~t al~l~raacfz. Istabiish an Economic Develapmeztt Piaztnizzg progr-arn antl team withizz the tlepctrtmezzt {gttitEec] by an advisory committee}, z•efoct€s staff antl ~€-artt assistaztce, attcl take the follor~vir~g actions: " Amend LCDC rttlcs {Goal 9) as z~ccessary to improve land use l~lazztting for industrial sites, especia]ly '°shovel-ready" industrial sites {l2egttired by II~13 20I 1 anti Gav's ECJ}; Pz-iaz•itize planning gz'ant fuzzds to improve plazzs fez- industrial sites statewide; Taz-get edttcationlotttz'each at~d technical assistance efforts to local governments izz ordet• to increase the supply of shovel-ready izzdustrial sites. 2. Streamlil~e the UGl3 amentiznent process by adapting azz administrative z-u]e that codifies UGB policy and case law; eliminates uzznecessary steps, and pz•ovitles "safe--harbaz.s" to save time and casts and t:o reduce litigation. 3. Examine the conversion of iz~tiustz-ial la€~d to other uses aztcl znaice recammendatiolts to the Gavernoz• {~-lB 2011 r'ec}uiz-es LCI~G to ~zi~l~oizzt a committee to l~erCorzn this task). 4. Re-establish a streaznlzz~ed "Cozzditioz~ztl Use Process" (CUP) for local approval of smaller, non-controversial aggregC~te nziz~es ozz faz-rnlantl {f-~13]~oiztt a ~vorkgz'c~ttia anti izzitizztc ruletnalcing -- schedule role aciol~tiotz within Ci monC]ZS}. ~. Strearnlinc the approval process for sewer service to existing uses within setXlel" districts outside UGBs. Appoint a work gz-ottp to propose Goal 11 alrzendments supported by all . interests. {Conditioned on cazrzmittee support from ~DAfl). 6. Streamline the process for farm Product ``processing" and "preaz-atiozz". Define approval processes for these two actions - pursue iz~ canjttlrction with "housekeeping" rulemaking for farm anti forest administrative rules, and iz•t conjttz~ction with rulemaking to pezmit small accessary food service facilities on golf couz'ses allowed on EFU land. 7. Increase citizen involvement in land use plaz~z~ing: Approve tl--e commission's Public Involvezncnt Policy {curret-ttly antler considcratioz~}; Focus education and outreach efforts to improve local governlnez'zt compliance with Goal 1 {znay involve a new workbook azzd ether materials, CIAC alai staff to establish a "Citi2en Involvement Education araci Tz'aining I'rograzn" 8. Examine the Periodic Review process -consider streamlining and other reforms to the process {Required by SB 920}, Vdork with Metro oIZ possible rules to streamline the process of goal compliance within the Metre region {coz7clitioned oI1 support from Metre to help condz.zct this rulemaking effort). _~ ~_.. ,; 9, Evaluate implementatio~x ol'the Tray€spoz-cation 1'lannir€~ Rule ('11'R} - Cv~€ciztct <~ `°mit€i- evalr_tatiozl" of tl~e rule -- if that evalr.€ativn recvz~t~-€cncis rtrlc c:}€ar~~es, cvzr~i~inc witl€ hotrsekeel~irzg amenclnaez€ts c}arifyit3g the exception l~roccss ttz€cicr the ~l'1'R r-fife. l.f}. Assure LC,`DC rules are ttp-to-ci{rte, stz'eatnlincd, and consistent wiE.}€ State Irr~v. Ir~itiatc "Ilousekeel~ing" Ruleznakir3g rcgardir€~ several policy crctztr-td t:echr€ical Corr-ectivrzs ttz existing adz~rinistrative rules (this wvttld be con~l7irre.d alith other' z'ulezx~a}ping et~for`ts to tf€c znaximunr extent possible}. Topics include: ^ Update/Clean-ul~ of file Pez'icxiic Review rules; ^ Revised rules for °`teml~oraz•y ruleznal<ing" to allow slroz•ter rroticc in ezxrcrgencies; ^ Re~,rise rules on incoz-l~oration of zlew cities to he cor~sistcnt with ~uprcrne Court decisiozr; ^ "I'echr~ical cleat~rtl~ of faun and fvrest rules. LCUC also directed the departiment fo; ^ Continue working with the C>TC ar~d C31~QT to assess the effectiveness of tools to manage development around freeway interchanges. Consider rttlerrrakitag only if available C}DC)'f fouls are deterrninecl to be iz€aeiepuate. If LCD: rulemaking is considered, pursue ozzly if resources from (JDQT are provided to support the €ufemaking effort. • Respond to requests fur assistance by the Port of Newport: Work with affected cities and ports in evaluating the prohlez'n; and i.C z€ecessary, in amet~rdiz~g currez€t zozring for water- dependent industrial property. study state land use l~olieics regulating the size, tyl~c, az~d intensity of cozx'rrxrercial uses outside UGB's: Schedule LCDC "listening°' meetings to assess this issue throughoz.€t the state. • Monitor ongoing litigation in £)regor~ az€d other states oz~ issues related to the federal Religious Land [Jse and Institutional Persons Act (l~L•C3-IPA) and retuz~n to the Commission for further direction if necessary, ^ Assist the governor's office in establzshizrg a Governoz-'s work group to examine and discuss problems with statewide land use processes for approving aggregate mining on farznlatxd, The work group would initially foots on data and information needs. l xplore methods to irrzprovc compliance with certain statewide goal and zule requirezrrents drat are cuz~-ently triggered only by periodic review {Periodic review is no longer a z-equired process for many local governments and for certain land use issues}. ^ Monitor legislative and Governor's office efforts to explore a process and a committee to review of the statewide land use system. Continue work with interested parties regarding options for a statewide policy on non- resource lands and for a major cleanula and reorganization of LFLT statutes. Work on Ocean Resource Policy developzxtent issues with the Govez~ror's Clffice {acrd provide support to C}PAC}. itpalicylpoticy initiat'tv~s.rroc appeal raises new and complex of issues of fact and Law that make it unreasonable for the Commission to give adequate consideration to this issue within the 90-day period. Therefore, ULCD is recommending the Commission continue this matter to the March. 2004 meeting. For additional information, please contact Jon Jini,~gs at 541- 388-6424 or `on.'inin s state.or_us. *8. Metro. Update on the methodology that Metro plans to use to select which lands currently outside the urban growth boundary (UGB) are suitable for industrial purposes. For additional information, please contact Meg Fernekees at X503) 731-4065 ext. 34 or me .fernekees state.or.us. 9. Work session on Periodic Review, Briefing on SB 920 and on requirements for sanctions on overdue periodic review work programs and tasks. For additional information, contact Rob 3Hatlyburton at {503} 373-4050 e~t:239 or e-malt: rob.hallyburton(~state.or.us. 10. Request to Appeal Pursuant QR.S 197'.090(2), {3j anti UAR 660--001-0201 to 0230. State Law requzres LCDC approval. of the director's decision to seek review of a loci] ~ government Land use decision, an expedited Land division or a Limited Land use decision. ~' This item is a placeL~oLder to be used Duty in the event such approval is needed Only the ~ DLCD Director, or department staff on the I3zrector's behalf, the applicant and the affected local govemrnent may suL~mit written or oral testimony concerning whether the Coznrrzission should approve tL~e director's request to file or pursue an appeal, or an intervention in an appeal, of a land use decision, expedited land division. or limited Land use decision. *The Commission Chair will set time Ir'mits ('usually 3 minutes} for indfvidual speakers. The Commission encourages written testimony in addition to or instead oforal testimony in the event there is not time fo hear everyone who wishes to speak. 16. Review of Future Agenda. The Commission will review the tentative agenda for January 2004_ For additional information, please contact Shelia Preston at 503-3'73-OOSO ext. 222 or email slzelia.prestonstate.or.us. is7. C}ther The Corxzmission reserves this tizrze, if needed, for ether business or for further consideration of any item on the agenda. Oregon's seven-member Land Conservation and Development Commission, assisted by the Department of Land Conservation and Development (DECD), adopts state land use goals, assures local plan compliance with the goals, coordinates state and local planning, and manages the coastal zone program. The Commissioners are unpaid citizen volunteers appointed by the Governor and confirmed by the Senate. Cornrnissioners are appointed to four-year terms and may not serve for more than two consecutive terms. The statute establishing the Corz~mmission, t.~RS 197, also directs that they be representative of the state. The Commission meets about every six weeks to direct the work ofthe Depai~lxnent of Land Conservation and Development 4DLCD}. Current Commission members axe: itandall E. Fr~-zrke, Chair {Salem.} John H.Van Landingham; Vice Chair {Eugene) Dennis Derby {Portland} Gary Harris {Madras} . fancy Leonard {Waldport} Gussie McRobert (Gresham} Position currently vacant that represents Iackson and Josephine Counties and that portion of Douglas County i ing east of the summit of tine Coast Range. 4- ~'~'he Commission Chair will set time limits (usually 3 minutes) for individual speakers. ~'he Commission encourages written testimony in addition to or instead oforal testimony in the event there is not time to hear- everyone who wishes to speak. 2003-20135 DLCD ORGANIZATIC?NAL CHART September 29, 2003 LANt7 CONSERVATIdN ANt7 DI~V~LdPMENT COMMISSIdN Policy Analyst ~_ ~-`~ INTERIM DIR~CI-(3f2 Bob Rindy Nan Evans Rules Coordinator Shelia Preston Corrrmuni Services Division Manager Piannin Services C}ivision dcean and Coasta-l~servicesDivision Rob Ha€lyburton Manager Ann Beier interim Manager Bob Bailey Community Services Specialist Doug White FarmlForest Specialist Ocean Program Ron Eber €nterim Vacancy Grants Administrative Support Bonnie Haynes Urtaan Specialist Coasts! Coordinator Jim Hinman Dan C}swalt PR/PAPA Adminis#rative Support Natural Hazards & Floodplains Specialist Larry French Christine Valsntine Coastal Hazards Paul Klarin Regional Representatives Aggregate Resources Specialist Federal Consistency Coastal - UYaldport vacant {0.83 FTE} Dale Stanton Dave Perry {South Coast} Laren Wota€ley (North Coast} Administra#ivelRulemaking Support B Permit Reviews renda White Vacant {C}.48 I=TE} Willamette Valley - Salem Gary Fish economic L7eYeloprnerrt Planning * Performance l*valuation and Special Larry Ksionzyk Policy Analyst and Team Leader Pro ec Southern Willamette Valley -1=ugene Vacant (new} Comrr~unity and Housing Specialist JefF Web r GIS and Coastal Atta Marguerite Nabeta Vacant {new} s Randy Dana ~ Metro -Portland Industrial/Commercial Lands Specialist Tanya Haddad Meg Femekees Vacant (new} Vacant {new} Administrative Support Coasta€ Non-Point Pollution Vacant {new} (0.5 FTE} Amanda Punton {0.58 FTE} Central and Southeastern -Bend Mark Radabaugh Transportafion GroyYth i'Yianagemenf Federal and Local Grants Coordinator Jon finings Coordinator Sandi Larsen Northeastern - LaGrande Sob Cortrigttt Administrative 5upportlCoastat Vacant {new} Transportation Planner Rulemaking Steve Oulman €nterim Vacancy Southern - Cen#ral Point Transportation Planner Jahn Rent Eric Jacobson Code Assistance Planner Gloria Gardiner Outreach Coordinator Mark Garri#y dperaticrn Services Division Manager Lainie Smith Fiscal AnalystlBudget Officer Teddy Leland Human Resources Analys# Victoria Schil€er Communications Officer Clif€ Vo€iva Accounfing ServiceslPayroll Janet Silver Paul Vermeer Landowner Notification Specialist Gail Churchill {0.5 FTE} Systems Administrator Shelly Wi€es Office Support (Reception, Mai€, General Support for LCDC, L{3AC and CIAG} Melissa Schmidt t~ ,-- "The new Economic Development Planning Team will be a cross divisional, intro-agency tea: n. The team wi€1 work with other agencies to implert~ant the legislative directives of HB 2Q11. 9-29-03 t~rg Chart Q F o~\ c~ 0 .. z '70TH ANNUAL CONFERENCE AND BUSYNESS MEETING PLANNYNG CQMMISSYDNER TRAINING SATURDAY, N{~VEMBER 11, 2995 1:45 TD 5.00 P.M. PANELISTS: Jeffrey Condit, City Attorney,~Lake Oswego Matthew Baines, Deputy City Attorney, Gresham Richard Fans, Senior Assistant City Attorney, Gresham _~ ~_ LEAGC.3E CE UREGt:~N CITIES PLANNING_CC~MMISSIC}N~~ TRI~~NING CONTENTS I`T'EM PAGE PZANNING GOMMISSI©NER TRAINING C)UTLINE .......• 1 ~. Intraductian to Land Use Planning in ©regan. 1 A. History of Statewide Land Use ...... 1 B. Statewide Planning Structure ....... 1- C. City Planning Commissions .......... 2 D. City Land Use Planning Tools ....... 3 II. City Land Use Procedures and Hearings ..... 4 A. Hearings and Decision Makers ...,... ~ B. Quasi-Judicial vs. Legislative ..... 4 C. PC Duties and Hearing Procedure .... 5 D. Burden of Proof .................... 7 E, Evidence ........................... ~ F. Decision Options ................... 8 G. Finding's and Land Use Proceedings .. 8 H. Interpretation of Terns & Criteria. 11 I. Procedural order of PC Hearings ... 12 s. De Novo & 4n the Record Hearings .. ~.3 K. Common Procedural Issues .......... 14 IZI. Land Use Review and Hearings Procedures T4 A. Fau,r General Types of Procedures .. 1.4 B. Expedited Land Division Process.... 17 C. Appeals and Assignment of Matters 18 IV. Issues Affecting Members of Planning Comz~tission ............................... I9 A. Conflict of Interest .............. 19 i. ~ -~ _. I3. Ex Pane Contacts ................. 20 C. Bias .............................. 21 D. Public Meetings Law ............... 21 E. Order o~ Procedure on Ethics ...... 23 V. "Takings" and Other Issues ................ 24 A, Takings by Condition - Dolan, etc.. 24 B. The 120 Day Rule .................. 27 APPENDICES SAMPLE GITY PLANNING CC}MMISSION OPENING STA"T'EMENT, ORDER OF PROCEL)URE AND MOTION STA`T'EMEN'T'S ~'OR PUBLIC HEARINGS ... . .......... A-1 CI'T'Y PLANNING STA'T'UTE (ORS 227) .... . ........ A-12 QUASI-JUDICIAL HEARINGS STATUTE {ORS 197.763} A-27 PUBLIC MEE'T'INGS LAW (ORS 192.610-.710} ...... A-19 STATE STATUTES ON CONFLICT OF INTERES'T', ETHICS AND STATEMEN'T'S OF ECONOMIC INTEREST ......... A-24 STATE S'T'A`T'U`T'E flN LAND USE EX PAR'T'E CONTACTS A-27 zi. _~~_ LEAGUE DF OREGON CI'~'IE5 CITY PZ,ANNING CO ISSIONER TRAINING DU`ILINE November 11, 1995 This Outline is made up of materials developed for the training of city planning commissions by the following: Adrianne Brockman, Assistant City Attorney, City of Portland S'effrey G. Condit, City Attorney, City of Lake Oswego Matthew R. Baines, Deputy City Attorney, City of Gresham Richard Faun, Senior Assistant City Attorney City of Gresham I. IN2'RQDUCZ'DN `IO LANL3 tJ'SE PI~A23NING IN OREGON A. History of Statewide Land Use Planning in Oregon 1. Zoning in Oregon Cities - 1919 & 1923 State authorization to cities to carry out land use regulation "in accordance with a well considered plan". City Planning Commission authority and structure established {nc~~a in ORS Chapter X27}. 2. Senate Bill 100 _ 1973 established a statewide system of land use. planning with requirements that local governments plan in accordance with statewide goals, Cornmi,ssion {LCI)C}, Department of Land Conservation and Development {DECD} and the Land Use Board of Appeals {CUBA}- 3. Fasano v. Board of County Commissioners of Washington County - 1973 made clear and established the quasi- ~udicial hearings process for making land use decisions (requirements since clarified by provisions of ORS 137.763}. Doughton v. Douglas County in 1986 established hearing requirements fear discretionary verses ministerial decisions. B. Statewide Planning Structure in Oregon ~... Statewide Planning Goals and Guidelines -- Established by LCDC. Currently 19 Goals. Z. Statewide Oregon Administrative Rules (LCDC} -- OAR Chapter 660, established by LCDC with rules being used ., l- ~~~ to interpret and guide local governments in implementation of the goals. 3, LCDC Acknowledgment ~ City compliance with the statewide goals and guidelines is determined by LCDC through the acknowledgment process. All cities have had their plans and implementing ordinances acknowledged by now. 4. LCDC Periodic Review - Continued city compliance with the statewide goals and guidelines is determined through the periodic review process in which LCDCjDLCD reviews the city's plans and implementing ordinances every few years has determined by LCDC schedule). . LCDC Post-acknowledgement Review - Whenever a city makes a general amendment to it's plan or ordinances LCDC is notified by the city and LCDC may comment on, and even appeal, an amendment that it believes is not in compliance with the goals. 6. City Implementation and Enforcement of it's Acknowledged Land Use Plans and implementing Ordinances. C. City Planning Commission Structure and Functioning. 1. planning commission structure, functioning, composition, etc. are as set forth in city ordinance. Planning Commissioners should refer to their individual city's ordinances for information. ORS 227.~1o to X27.090 specifically grants authority to cities to create planning commissions, places some limitations on their membership and lists certain powers and duties of planning commissions. a, Not more than two members of a city planning commission can be city officers, who must be ex officio, non voting members; b. Not more than two members may be engaged in the buying, selling or developing of real estate, c. Not more that two members may be engaged in the same kind of occupation, business, trade or profession; d. A member may be removed by the city council after hearing, for misconduct or nonperformance of duty; e. Vacancies may be filled by the council for the _~_ _~~- unexpired term of the commissioner; ~. `t'he powers and duties of a planning commission are set forth in the statute, but may be modified, deleted or added to by the City Counci ~. . D. City Land Use Planning Fools -'1'he Means of Implementing the Statewide Goals and Guidelines. ~.. City land use plans and implementing ordinances usually consist of the following components: a. General Plan Document - consisting of tactual ''Findings«« and general "Policies." b. procedural Code - the processes for making land use decisions. c. Regulations ar Standards - the specific limitations for land use in a zone and the specific requirements far particular development in the zone. d. Plan and~or Zoning Maps - these maps set forth the land use zones in a city. Some cities have a dual map system with a plan map setting forth general plan designations and a second zoning map showing specific zones. other cities ccimbine plan and zoning maps into one with the zone boundaries implementing the goneral plan land Classifications, In addition, cities may have either maps used for planning purposes such as -flood plain maps, hazard overlay maps or maps showing the location of particular resources. 2. Using the tools above, the planning commission makes decisions using the following additional resources: a. Staff Repast -~ Done by city land use planning staf'f' when an application is filed requiring planning commission decision and usually consists of: Z. Factual background and description of the application, 2. City standards and regulations (Criteria) that apply to making the decision; 3. Prapased Findings of Fact relating the facts to the criteria; -3- .~~_. ~» ~;`"`".-.~. ..'~~ T?'?"C.>(7~~i..., ~ ~'}111((:.. ±(i i~tir~~ !'"il~' 'i~l.ti ~ is ' i! `.)iC"~1..~. ~>ii.`; ~ ;`,`y l . !.?? I I:Ip)ilt:l. i)11 ,'1.~ i ' ~."~.i)il ll'1 t~. -- c`y31dfC,~x" Jd: .,ill""~jt' (J 1;1(. (~:t ~ ~ .i!r:ia C. <~'K~)~i_L~ ~~G-' i (~L~s IY'it( .:Ll~_t::G~i(i{":' I~t~~~.~'i~ d. I` 1~~,'C; i I~t,,; ~].d ~~~.~<,y C ~ t;t~:±~t~~i~ ~.C,~rl L. ~`'~£'1")!\.'. t_~'.. C.i i- .LAt Y4.~~TJ (ll..l .i.il ~"1(~. 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U0 ~C7 <'c~tirt. :lncl h~?~,'c- c:';)ur~i-. 12ec~1.1 i_t°e t;:i f:y tr) Lsstzc f?~x'~.'1~ {O~z, ?27.1.'f'~ 3 2. ~<31_r"1~CS.`; l'11:_;'t,2i'C?(,', P,~ D~.C~..`~~:LC)1"7:> 13{1~;C'_C~ C7 T] ~'t1C1:.~' ~ `.'tilr?~,,, l?£~~1_~tt~t~ t:r:~ C1° _~ r.7~ i_~l ;~ Ev;.~::lc.r7::.£~cl i_7~ 1` _~lcl~ r~cl~-, __ ~~tlt)sC'~ i.. ~_~)rt E' k~c~_io~,7 3. PJ_az7r)iz~~ t`c>anln~ ~.,it ~ i~~,,~,p~r7 ~,t~i:.l it:~~r> a~t hr~~,r~C?=g a~" ~~ra t7~~:erma.r~c: ~,1r~~. ~J^a~ ~.1~~:.~:.a;).~~ ~ri~.~r ar{~ . Vii. irlLc~r"~~r~ a~pl~.cab cr~.'~. ~ the ~-()rnlai..:>,~.ic~r G dues not interpret local criteria, I..U~3A and the courts can. Snterpretation of terms and criteria must be reasonable and not contrary to clear language or intent, c. Listen to testimony. d. Determine the relevant facts from the conflicting evidence. e. Apply the facts to the approval criteria. f. Adopt findings of fact, g, Make a decision including conditions of approval: 1, Decision should describe what is being approved. 2, Define and interpret ambiguous terms andj or criteria. 3. Any statements relied upon to make the decision should be stated in the findings and minutes. 4, Mate clearly what the decision is and set forth findings , 5, If conditions of approval are imposed they should clearly set forth performance standards, time limits for performance and who apprcaves the work performed to satisfy the condition. 4-, Raise it or waive it rule. ~'he parties must raise an issue accompanied with statements or evidence, citing specific criteria, sufficient to afford the planning commission and the other parties an opportunity to respond or appeal to LUBA cannot be based on the issue. 5, Staff Report Related Continuance, Staff report must be available '7 days prior to hearing and if it is not, or new evidence is submitted, the planning commission Gan continue the hearing. 6. Continuance of Right on Request. Any participant may request a continuance of the planning commission decision process prior to the conclusion of the initial hearincx, `I'he request must be granted. Either by continuing the hearing or holding the record open. a. Continue the public hearing to a date, tune and location certain. Must give 7 days between ~,.~ _~~~ hearings and, if requested after the second hearing, 7 days for additional written testimony and, if new evidence is submitted an additional 7 days. Applicant gets an additional 7 days at the end for rebuttal argument. b. Leave the record open for ~ days. Must allow an additional '7 days if requested. Applicant gets an additional '7 days at the end for rebuttal. 7. Planning Commission must provide a written notice of decision. D. Burden of Proof mhe applicant has the burden of proof to demonstrate compliance with the applicable criteria. The "burden of proof T' is the obligation to establish compliance by evidence to a particular degree. In mast city ordinances "proof by a preponderance of the evidence" is the standard. In other words, if the planning commission believes that the evidence is 5fl-~50 with regard to Compliance with a particular criterion, the commission must deny the application because the applicant has failed to carry the burden of proving their case to the planning commission. E. Evidence 1. Substantial Evidence. A decision to approve or deny an application must be based on "substantial evidence in the whole record." if a local decision is supported by substantial evidence, LUBA will not overturn the ruling even if it might reach a different conclusion on the same evidence.."Substantial" evidence is evidence a reasonable person would rely on in reaching a decision. Where LUBA. concludes a reasonable person could reach the decision shade by the local government, in view of all the evidence in the record, it will defer to the local governnsent's choice between conflicting evidence.~In order to determine whether evidence is substantial it must be considered in the context of conflicting evidence in the record. zhe planning commission, however, is empowered to make the choice between different reasonable conclusions to be drawn from the evidence in the whole record. ~. Relevant Evidence. While planning commissions don't have to rule on what evidence is "relevant' as courts do, planning commission decisions should be based on relevant evidence. Relevant evidence is a fact which shows whether one of the approval criteria is or is -7-- not satisfied. Irrelevant testimony, no matter how persuasive, cannot be considered to approve or deny the application. As an example: a. Criterion: There will be no traffic congestion or traffic hazard created by the development. b, Relevant testimony {evidence: street conditions; e.g., right-of-way, width number of lanes, traffic capacity, accident rates, sight distance, signals, etc. c. Irrelevant testimony (evidence): Property values, noise, air pollution, a petition signed by 1,00 people who state "please Bony this application." F. Decision options The Planning Commission is required to apply the facts (evidence} to the approval criteria and make one of the following decisions: 1, Approval if each and every element of each approval criteria can be satisfied. 2. Aporoval with conditions if the approval criteria can be satisfied by facts and by imposing conditions. 3, Denial if any element of any approval criteria cannot be satisfied by facts or a condition of approval. Decision Example: Criterion: There will be no traffic hazard or congestion. Finding: The street is a two lane street operating at traffic-capacity, Without a left turn lane there would be no traffic hazard `~ congestion. Condition: Approval subject to a traffic signal and left turn lane. G. Findings in Land Use Proceedings I. Importance of findings. Land use decisions are based on facts, as they relate to criteria, as evidenced in findings. Findings are the statement the decision maker makes that relate the facts learned to the criteria they must apply to make a decision. They document a properly made decision. _g_ _~~_ ~. Findings evidence impartiality. Impartiality and proper evaluation of a land use matter is evidenced by a written decision which shows that the decision maker considered the proper criteria and made it's determination based on facts presented at the hearing. 3. Where criteria are found. The criteria that apply to each matter to be heard are referred to in the public notice sent out and can be examined at the staff offices, in the Staff Report and projected or displayed at the start of each hearing, Criteria must be applied even if a decision maker disagrees with them. 4. Where the facts are found. The facts are found in the Application materials, Staff Report, written comments from interested parties, other written materials, oral testimony, exhibits, etc.. r 5. Hour findings are produced. Findings are normally developed by staff and are found in the staff report or are produced by staff at the request of the decision maker. 6. How findings are supported. Findings must be supported by substantial evidence in the record. Findings are based on facts not opinions or preferences. 7. Problems decision makers have with findings. Problems with findings usually involve misapplying or failing to apply criteria. Proble~€s may include: no connection between the findings and criteria; the facts cited do not Lead to the conclusions drawn; or all relevant criteria are not addressed, 8. What the appellate body reviews. LUBA reviews the final. order and findings of fact. 9. other uses for findings. The decision maker can use the need for findings to sharpen their analysis as to how the facts relate to the criteria. 20, Findings in a Land Use Decision A, Final Order -~ what must be included, ~.. Criteria ~. Findings of Fact 3. Conclusions B. There must be substantial evidence in the _~~ ~. record to support the findings - evidence a reasonable mind could accept as adequate to support a conclusion. C. 1f not satisfied with the criteria and standards, may amend the plan. 11. Findings, What mhey Are and How Are The Used and Developed A. Finding. A finding is a declarative statement of a fact. 1t is: a statement of the applicable criterion; a statement of the relevant facts relied upon; and a statement which applies tie facts to the criterion and determines whether the criterion is satisfied or not, or can be satisfied by a condition. State law requires "Approval or denial of~a permit application, expedited land division or limited land use decision shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, and explains the justification for the decision based on the criteria, standards and facts set forth."(ORS 227.173 (2))- B. Characteristics of findings. 1. The findings should give the reviewing body a complete record of the decision making process. 2. Findings required for bath approvals and denials. 3. Findings must be clear. -. 4. No particular form is required for findings. 5. Brevity in findings is not always a virtue. 6. Findings must be made for each applicable criterion and must reflect the language used in the criterion. 7. if a criterion that is apparently applicable is not used in the analysis, a finding must be made that states why. _~p~ ~~~~ f3. Tf no evidence is presented on a relevant issue, a finding mast be made that states so. 9. A finding must be made that any conflicting evidence presented at the fearing was considered. l~. The recitation of evidence is not an adequate finding. 1.~.. Stating the availability of evidence is not an adequate finding. 12. Sometimes findings that are mere conclusions wall be upheld. 13. Findings with respect to each parcel are not normally needed far legislative decisions such as the adoption of a general plan or zone designations but can be needed in special processes such as the inventory of historical resources. ~4. Findings must explain why the facts stated lead to the conclusions drawn. 15. Findings must respond to the issues raised at the hearing. H. Interpretation of Terms and Criteria by the Planning Commission. Many local plans and. ordinances contain vague or contradictory terms and criteria which require the hearing body to interpret them. Same basic rules of interpretation are: 1. Language is king. ~'he best evidence of a proper interpretation is the wards of the term or criterion itself. Tf the warding is clear and unambiguous, it must be followed, regardless of legislative intent. 'I'he planning commission may nit insert what hie been omitted or omit what has been inserted. 2. ~'he specific controls aver the general. If two provisions conflict, the more specific provision controls. As an example, if a property is located in a zone which allows certain used, but is subject to an overlay zone that restricts several of those uses, the overlay zone restrictions will control. 3. Construe potentially conflicting provisions to avoid the conflict, if possible. As a corollary to the previous rule, if potentially conflicting provisions -- I1- _~~. can be construed so that they do not conflict, such construction should be made. ~~ the conflict cannot be avoided, then the provisions may be balanced. ~. Legislative intent. If a provision is truly ambiguous, a planning commission can consider evidence of the intent of the local legislative body that adopted the provision {usually the city council). Pvidence of that intent can include minutes of the meeting where the provision was discussed prior to adoption or staff reports submitted explaining the proposed amendment. 5. Construction of plans and ordinances to discover legislative intent by considering the context of the provision within the rest of the plan or ordinance, Por example the definition or use of a term in another part of the plan or ordinance is evidence of its appropriate construction in the part of the ordinance under consideration. Similarly, if a use or criterion is specifically enumerated in one zone, its absence from another section can be Considered intentional. These rules result from the legal fiction that the legislative body is aware of the entire plan or ordinance when legislating and intends the plan or ordinance to be internally consistent. 6. Past planning commission decisions as precedent. Unless a particular provision has been previously construed by LUBA or the Courts, as a matter of law the planning commission is not bound by an interpretation of a provision made in a prior case. As a matter of policy, however, consistent application of the same rules is desirable. Commissioners should be mindful of the need to be consistent, but do not let consistency blind the commission to arguments that a clearly erroneous past interpretation should be corrected. 7. Past governing body interpretation as precedent. The governing body {city council) is essentially the "supreme court" of the local government, Although the city council is also not bound by its past interpretations of a provision, the planning commission should follow those interpretations and let the disagreeing party argue to the governing body that it should change its mind, I. Procedural Drder of Typical Planning commission Hearing (will vary Pram city to city}. 1. Statement of Hearing Procedures, Rules and order of Hearing (Pour fey Rules are listed below) a. All testimony and evidence must be directed toward the listed Criteria or other Criteria in the Plan or -12- _~~_ Z.and Use Regulation which the Person `Testifying Believes Apply to the Application b. Failure to Raise an Issue Accompanied by Statements or Evidence Sufficient to Afford the Planning Commission and the Parties an Opportunity to Respond to the Issue, Precludes Appeal to the Land tTse Board of Appeals based on that Issue c, If Additional Documents or Evidence is Provided by Any Party the Commission may Allow Any Party to the Hearing a Continuance of the Hearing, or Leave the Record Open, to Allow the Party a Reasonable opportunity to Respond d. Any Participant may Request, before the Conclusion of the Hearing, an Opportunity to Present Additional Evidence or Testimany. The Commission will Grant the Request by Either Continuing the Public Hearing or by Leaving the Record Open. 2, Statement of Criteria 3, Call far Member Abstentions (Due to Conflict of Interest, Etc.} ~. Call for Member Declaration of Ex Pane Contacts 5. Presentation of Staff Report (Questions} 6. Presentation by Proponent (Questions} 7. Presentation by Opponents (Questions} ~. Rebuttal by Proponent Questions} ~, Presentation of Staff Recommendation 1C1, Closure or Continuance of Hearing (No New Evidence} 11, Deliberations by Commission 12, Motion andJor Decision by Commission J. "De Novo" and "t7n the Record" Hearings 1.. A De Novo Hearing is one Where New Testimony, Facts and Evidence are Heard, Most Hearings are De Novo, if hearing is an appeal, issues to be considered are limited to thane raised by appellant, if not an appeal any issues may be raised 2, An On the Record Hearing is one Where No New Facts or Evidence Can be Heard or Considered, Only Arguments on -~ 13- _~ra_ the facts in the Record of the Earlier ~e Novo Nearing can be Heard, Most Qn the Record Hearings are Appea r To the City Councils of Applications A:beady Heard De Novo by the Planning Commission, if hearing is an appeal issues to be considered are limited to those raised by appellant K. Common Procedural Issues at Hearings. ~. A request to cross examine staff or other participants. There is no right to cross examine witnesses in a land use hearing. The request should be denied. 2. The staff or applicant introduce new evidence after the opponents have testified. The hearing must be reopened and the opponents allowed to rebut the new evidence. 3. A planning commission member declares during the testimony, or it is determined the commissioner<has had, an ex pane contact. Everyone who has already testified must be given an opportunity to rebut the substance of the contact. 4. A planning commissioner asks a question of staff or a party to the hearing which produces new evidence during or after the hearing is closed. All persons who have testified to that point must be given an opportunity to rebut the new evidence. III. GENEE,AL LAND USE REVIEW AND HEARINGS PROCEDURES - PROCEDURES WILL DIFFER FROM CITY TO CITY THOSE LISTED ARE TYPICAL A. There are Four General Types of Procedures for Review and Hearings of Land Use Matters 1. AdministrativejMinisterial Review a. No Discretion b. No Notice c. No Hearing (Unless Applicant Appeals to the Planning Commission d. City Planning Staff Makes Decision e. Appeal to the Planning Commission (Only by the Applicant} 2. Administrative Review With Notice - Limited Land Use Decisions a. Little Discretion _~~_ _~_ b. Notice Mailed to Property Owners Within 1Q0 Feet of Applicant's Property, Posted on Property and Mailed to affected Neighborhood Association c, Persons receiving native have l~ days from the date of the notice to provide written comments which address the facts of the application and the relevant criteria and standards d. City Planning ~ta~f Makes Decision after considering the application and written comments e. Appeal to the Planning Commission who hold a De.Novo Hearing but appeal must be based on the prior written comments f. If matter is an appeal. issues to be considered are limited to those raised by appellant - 3. Quasi--Judicial Planning Commission Hearing With Notice a. Discretion b, Notice Mailed to Property t~wners Within 3t?0 Feet of Applicant's Property, Pasted on Property, Mailed to the affected Neighborhood Association and Published in a Newspaper ~, c. Hearing Held by Planning Commission d. Planning Commission Makes Decision e. Appeal to the City Council f. if matter is an appeal issues to be considered are limited to those raised by appellant 3A. {Plan Map Amendment} - quasi-Judicial) Legislative Hearing With Notice a. Broader Discretion than usual quasi-judicial hearing b. Notice Mailed to Property C)wners Within 3C~0 Feet of Applicant's Property, Posted on Property and Published in a Newspaper c. Hearing Held by Planning Commission to Make Recommendation to Council, Second De Novo Hearing Held by City Council d. City Council Makes Final Decision and Passes ardznance if Approved, Final Carder only if Denied -15- ~~~rn e. Appeal to the Land Use Board o~ Appeals {LLJBA) 4. Type 1V - Legislative Hearing kith Notice a, Great Discretion b. Published Notice c. Roaring Held by Planning Commission to Make Recommendation to Council, Second Hearing Hold by City Council d. City Council Makes Decision e. Appeal to the Land Use Board of Appeals (CUBA) 5. Di~~erence Between Quasi -Judicial and Legislative Hearings a, Notice: Individual v, General b. Opportunity to be Keard: Both c. Rebuttal: Yes v. No d. Findings: Goal Related v. Facts Supported by Substantial Evidence e. Type o~ Criteria and Findings 1. Quasi-Judical a. Judicial Order of Hearing (Strict} b. Specific Criteria (StandardsjRegs.) c. 5peci~ic Findings ... d. Relevant Testimony Based on Facts e. For appeals issues to be considered are limited to issues raised by appellant 2. Legislative a. Legislative Order of Hearing {General} b. General Criteria {GoalsjPolicies~ c. General Findings d. General Testimony Based on Public Policy and Community Goals _l~_ _~~_ B. New Expedited Land Division Process - 1995 Legislative hessian (HB 3Q6~, Chapter 595, Cregon Laws 1995, ~ectians 611 amending CRS chapter 197} 1. The legislature, in an effort to simplify the processing of land divisions within urban growth boundaries, established the expedited land divisian process as a "nan~land use decision process" for the approval of partitions and subdivisions. Laval decisions required to be made by the local government withaut a hearing, with review by a hearings officer. 2. The expedited land divisian process may be elected by a applicant if the fallowing apply: a. The application is far either a partition or subdivision of land. b, The land is zoned residential. c. The land is located within an urban grawth boundary. d. The application is solely far the purposes of residential use, including recreational ar open space uses accessory to the residential use. e. The dwellings ar accessary buildings proposed will not be located on land designated far full or partial protection o~ natural futures (open space, scenic and historic arias and natural resources, etc.}. f. satisfies local regulations for minimum street or other rightYof~way connectivity. g. Creates enough lots or parcels to allow building of residential units at 80o ar mare of the maximum density permitted by the zoning designation of the site; QR h. 1s a land division that creates 3 of fewer parcels and meets the requirements of (b) through (f) above. 3. The process includes the actual land divisian process as well as land use regulations applicable to a land division including planned unit development standards, site design review, lot or parcel dimensions, public facilities review including street, sewer, water, drainage and related improvements. 4. ~f an application under this process is made the local government must make a decision, withaut a hearing, -17~ _~~_ 3. City Council Decisions are Appealed to the state sand Use Berard of Appeals (CUBA). ~. CUBA Decisions are Appealed to the Oregon Court of Appeals. 5, Court of Appeals Decisions are Appealed to the oregc~n Supreme Court. I~7. ISSUES AFFECTING MEMBERS CAF THE HERRING 13Q~'?Y A. CO F C f~F I TEREST AND FIN CIAL GAIN PRO IBITZ4NS (ORS 244.020 (1.},{~); ORS 244.Q40{~„}(a}r(.3},(4}; 4RS 244.00(1}(~}; 244.220; and URS 244.13}. A potential. conflict of interest is any situation where a planning commissioner or their relative or business could be financially benefited or harmed by a planning commission recozzzmmendation or decision . An actual. conflict of interest means any situation previously stated where there would be financial benefit err harm. Both situations require the planning commissioner to announce the conflict at the earliest possible time before a hearing commences, state whether it is a potential or actual conflict of interest, and step down. if it would be an actual conflict of interest. 2. Circumstances Establishing Conflict a. Direct or Substantial. Financial Interest of Self, Relatives, Business, Employer (Previous 2 yrs.} b. awn Property Within Public Hearing Notice Area c. Direct Private Interest in Hearing d. For Other Reasons Member, or PC After Challenge, betermines Member Can't Be Impartial. e. Rule is Stricter for Land Use than for Other City Business 2. Action Required of Member in Conflict situation a. F~isclose Actual or Potential. Conflict of Interest at Hearing b. Step Down and Nat Participate in Any Way 3. Circumstances Establishing Prohibited Financial Gain or other Prohibited Acts a. Planning Commissioner is prohibited froze using office to obtain financial gain or avoidance of --19- _~. ~ financial detriment for self, relative ~~ business they are associated with b, Planning Commissioner is prohibited Pram soliciting or receiving any pledge of promise of future employment based an any understanding that officials actions would be influenced by the pledge or promise c. Planning Commissioner is prohibited from attempting to further or further their on gain through use of confidential information gained in the course of their official office 4. Action Required of Member in Item 3. Situations a. Avoid All Acts set Forth in the Above Items 3. a, b and c Above b. File Annually a Statement of Economic Interest with the Oregon Government Standards and Practices Commission B. EX PARZ~ CONTACTS (dR5 197.835(10), and ORS 227.180 (3}) 1. what is an Ex Porte Contact? a. Any Preheating Communication (Written, Oral or Otherwise) or Receipt of Other Information or Contact From a Party or other Person Relating to Any Land Use Matter to be Heard by the Planning Commission. Verbal, written, cite visits, media information are all ex pane contacts. Racette v. City o~ Newberg, reading newspaper editorial as an ex parts contact. ~. b. Communication With City Staff is Not Considered Ex Porte Contact 2. Action Required of Member a. Publicly Disclose the Existence and Content of the Ex Porte Contact at the Beginning of the Hearing on the Matter it Relates zo b. State Whether the E~ Porte Contact has Impaired Member's Impartiality {Abstain From Voting if It Has) c. Provide Parties` a Chance to Rebut the Substance of the Ex Porte Contact at the Commencement of the Hearing -2~- _~~ C . ~~S 1. In order to ensure a fair hearing ~ member who is biased should not participate. Bias is having certain preconceived thoughts about an issue of policy, the law, the facts or the parties. It includes personal bias and personal prejudice, In order to be biased, the bias must be so entrenched that the person could not be persuaded to consider any other perspective on the matter at hearing by any additional facts thus making the planning commissioner incapable of rendering an objective decision on the merits of the case, A planning commissioner does not have to stop down just because the commissioner has knowledge of the facts or parties or some leaning in one direction ar the other. The planning commissioner should only step down if the commissioner truly believes that they cannot make a fair decision on the merits. 2, if a commiss~.oner is biased the bias must be da.sclosed and the person must not participate in the hearing or decision. D . P„ U~1,1 ~ I~EET~NGS LAW { ©RS 19 ~ .610 - .710 ) 1. No t~uorum of the Planning Commission Shall Meet in Private andjor Without Notice to Decide or Deliberate on any Matter Before lt. This includes deliberating towards a decision or a recommendation, Deliberating towards a decision has been construed to include virtually an discussion of any public business by a quorum. Meeting includes social gatherings where business a quorum is present and business discussed. All meetings of the planning commission shall be open to the public and all persons shall be permitted to attend any meeting. This includes the planning commission, subcommittee of the planning commission and any ad hoc committee appointed by the planning commission. 2. Public meeting law requirements include: a. Meeting Location. Meetings must be held within the geographic boundaries o~ the city or at the other nearest practical location. Only exceptions are training sessions at which no deliberations are held, joint meetings with other planning commissions and public bodies, and emergency meetings. Meetings cannot be held at any place which discriminates on the basis of race, creed, sex, age or national origin, b. Conference calls. Public meetings can be held by conference call, The public body must make at least _~l_ one place available for the public to listen to the conversation. c. No Smoking at Public Meetings. Smoking is prohibited in a room where a public meeting is being held, or will continue alter a recess. d. Right to request an interpreter. ~~ an interpreter is requested by a hearing unpaired person at least ~8 hours in advance of a public meeting, one must be provided. e. No public right to participate. Under the law, the right to attend a public meeting does not include the right to participate in it, Unless a public hearing is required or unless otherwise permitted, the public may not participate in discussion at a public meeting, Examples are a workshop or training meeting. ~. Notice of the meeting. The planning commission must provide notice of public meetings which is reasonably calculated to give actual notice to interested persons including interested news media which have requested notice. The notice must include a list of the principal subjects anticipated to be considered at the public meeting but does not prevent the planning commission from considering additional subjects. The easiest method . to comply is to adapt regular meeting dates and send out agendas to the media and. all those persons who have requested notice. special meetings may be held upon 24 hours notice to the press, the commission and the general public, Emergency meetings may be held upon such notice as is appropriate to the circumstances, but the minutes must describe the emergency. g. Minutes of the meeting required. Written minutes must be takers of all public meetings. Minutes do not have to be a verbatim transcript but must include the fallowing information: 1. A list of the members of the planning commission present at the meeting. ~. Give the nature and disposition of all motions, proposals, resolutions, orders, ordinances decisions and measures proposed. 3. Results of all votes by name of members. ~. The substance of any discussion. -22- ~. Reference to any pu~~lic document discussed. 3, Consequences of violation of public meetings law include: a. Decision made in violation is voidable. b. Decision made in violation may be cured by reinstating the decision by making it a second time in compliance with the law. A reinstated decision is effective from the date of the original decision. c. A decision cannot be reinstated if the violation was the result of intentional disregard of the law or willful misconduct by a quorum of the planning commission. if a court finds willful misconduct, the members of the planing commission are personally liable for attorneys fees. E. T PIC ~' NING COMMISSION HEARINGS (JRDER flF RC7CEUURE STATEN NTS RELA ING Tfl E'~'~IICS I7 FAIRNESS 2. (Conflict of Interest} "noes any planning commissioner wish to make any disclosure, or abstain from participating or voting on this matter, because of possible financial gain resulting from this application, because you own property within the area entitled to reoeive notice of this hearing, because you have a direct private interest in the proposal or because you have determined that you cannot be impartial?" 2. (Ex Porte Contacts} "IIoes any planning commissioner need. to declare a prior contact with the [appellant] applicant car any [others party involved in this hearing? If so, please state with whom you had contact and what was said, {If any commissioner declares an ex pane communication state: " The parties will have the right to rebut the substance of this camanunicatian during their testimony at this hearing"}." 3. (Site Visit} "Has any planning commissioner viewed the property? Do you have any evidence gained from the visit that you want to state far the record?" ~'bR LEGISLA`l'I~ZE MA'T'TERS ~4. "Does any planning commissioner wish to make any disclosure, or abstain from participating or voting on this matter because of possible financial gain resulting frt~m this application?" ~~~_ _~,~_ V. ""TAKINGS"' AND C3I'HER ISSUES A. "'TAKINGS'" BY CCINTII'1'TON -- NGLLAN, LUCAS, DOLAN, S'I'C. Constitutional issues surrounding conditions that make exactions. 1, Planning Casttmissians frequently impose conditions on development that require a developer to dedicate Land far streets or utilities, make street or other improvements, etc. All of these type of conditions, legally termed exactions, require a developer to give property, land, money or other property. The Fifth Amendment to the Constitution of the United States, ratified in 1791, states "... nor shall private property be taken far public use, without just compensation." t9ver the years the United States Supreme Court has interpreted this provision. In very recent cases the Court has rendered opinions relating the Fifth Amendment prohibition to land use conditions. The most recent case was the case of Dolan v. City of Tigard, decided June 24, 1994. 2. Over time the cases have resulted in establishing certain legal tests for determining whether a condition imposing an exaction is a "taking." These tests require answering the following questions: a. Is there a legitimate governmental purpose to support the imposition of the condition? b. Is there an essential nexus between the legitimate governmental purpose and the condition imposed? c. Is there rough proportionality between the condition imposed and the impacts of the development, both in nature and extent? [Show that there is a rough proportionality existing between the nature and extent of the required dedication or other requirement and the nature -and extent, of the projected impacts caused by the proposed development,] Note. `.~'he Burden is on government to establish that the conditions are not a taking under the above criteria. 3. zhe Dolan melt Purpose - The Supreme Court designed the Dolan test to stop "unfair" (unconstitutional'} exactions. The test was formulated to stop governments from making a developer contribute more than is roughly his share, given the estimated impacts of his development. The evil the court was trying to prevent was local governments making people pay for things that primarily benefited the general public, and not -2~- _~,~_ the particular development and which had little or no relationship to the impacts of the development. 4. Burden of Proof Shift - The burden is on the local government fit didn't use to be) to show that the exaction is Fair, it is not the burden of the deuelaper to show it is unfair. 5. Mathematical Precision Not Required -- The rough proportionality in nature and effect between the impacts of the development and the nature and scope of the exaction does not require a mathematically precise calculation, but there must be quantification of the factors showing the proportionality. Particularised findings are required, but Dolan makes it clear that such findings need not have mathematical precision. "Na precise mathematical inquiry is required, but the city must make same effort to quantify its findings in support of the dedication ... beyond the conclusory statement that it could offset same of the traffic demand generated." It is important to understand that in creating this test, the court took a middle ground position. It rejected a "generalized statement'" test as being too lax (i.e. the development needed street access and the required street provides it). It also rejected. the "specific and uniquely attributable" test as being too burdensome. This rejected test required that a local government demonstrate that its exaction was directly proportional to the need specifically created by the development (i.e. the development creates need for a street to handle 100 trips per day which can be accommodated by dedication of a single 1Q' strip of land. for a one Zane road, exaction of more than 10` to construct a larger road is prohibited}. 6. Individualized Determination Required - Each application must be analyzed individually. Dolan analysis must be done for each application and shown in it's findings. ~. Application of Dolan Test - The specific facts of the Dolan case make it applicable only to exactions requiring dedications of land. However, shortly after the Dolan decision the Supreme Court sent a decision back to the California courts to apply the .Dolan test to the imposition of an impact fee. Most commentators believe that this means that the Dolan test will be applied to a wide range of exactions including land dedications, SDC's, cost of required improvements and infrastructure, etc, At least one C7regon case expands Dolan beyond just dedications of land. 8. Exception for Internal Subdivision Improvements? - Nat -25- --~. 7 yet. 'or now Dolan applies even to the traditional subdivision improvements such as streets, sidewalks, utility lines, etc. The court did say "Dedications for streets, sidewalks, and other public ways are generally reasonable exactions to avoid excessive congestion from a proposed property use." While the court raised the possibility of an exception for such "traditionally imposed" improvements. Tt Made no exception for them. The court may, at some future time, make such an exception. For now, Dolan applies. 9. Denial as an Ctption -- Sf the local government cannot make a developer put in infrastructure to provide adequate public facilities and services, and if the local government has no funds to put in the services necessary to serve the development, the Local government can deny the application. if a pattern of denials develops this may result in application of the moratorium law. An alternative may be conditional approvals that do not allow construction of the development until. adequate facilities and services are available. 1©. 'Timing of Exaction Conditions _ Because Dolan requires that exactions can only be based on the impacts of a particular development, a requirement that does not fit the impacts of the present application cannot be imposed. However, the impacts may change with later applications on the same property and the exaction may be imposed later. As an example, the Uregon Court of Appeals .held that an exaction for streets could not be made in a large lot partition application because the impacts of the partition on the trafficcaays were negligible. However the court indicated that should the developer come in later to subdivide the partitioned parcels, the exaction might be justified then. This timing issue is part of the fall out from requiring individualised impacts analysis. 11. Dolan establishes a new, general, unclear and discretionary Criterion - Dolan is nothing more, or Less, than a new criterion which must be applied to evaluate exaction conditions. Because Dolan establishes a new criterion it is not enough to address Dolan in findings, there is a need to adjust the evaluation of any application to consider Dolan. 12. Dolan as a Findings Case - Besides establishing a new criterion, Dolan is a findings case. Tf the local government can provide findings showing rough proportionality a local government is in fairly good shape. If you can't provide such findings because there is no "rough proportionality," or no impacts, _~~,_ ..~~,~_ or, if you don't produce findings at all, then the case for the exaction may be lost. The burden is on local government, it is always up to government to provide findings. B. THE 120.DAy RULE 1. CRS 227.178 requires cities to make decisions on land use applications, including resolution of ail local appeals, within 120 days of the filing of a complete application. if the city fails to do so, then the applicant can file a "writ of mandamus" in circuit court to force the city to approve the application. if the applicant prevails on the writ, the court can make the city pay the.. applicant's attorney fees and refund the unexpended part of any application fees, or ~Oo of such fees, whichever is greater, to the applicant. The court in the writ may specify conditions of approval that would otherwise be allowed by the city plan or ordinances. 2. The 120 day rule only applies to quasi-judicial land use applications, not to legislative matters. 3. If a application for a writ is filed in circuit court the city must go to court and demonstrate that the approval would violate a substantive portion of the city comprehensive plan or land use regulations. 4. The oregan Supreme Court in State ex rel Compass Caratian v. City. of Lake Csw~ga, {1994} held that if a city makes a land use decision on the 121st day or later, an applicant has a remedy at circuit court regardless of whether the decision is made before the filing of a petition for a writ or after the filing of the writ but before the circuit court issues the writ. S. The aregan Legislature, in it's 1995 session, made amendments to CRS 197.763 {local land use procedures} and to aRS 227.178 {the 120 day rule), which make it mere difficult to comply with the 120 day rule. The legislature, from a practical standpoint, extended the time for deciding a land use matter, while, at the same time,tightening the 120 day time period. Cities should take administrative measures to ensure processing within the 120 day period. Planning Commissions should be wary of granting continuances until the impact of the continuance on the 120 day rule is known. _27_ ~~~_ PLANNING C{7MMTSSICJN OPENING STA~'EMEN'P QUASI-J'UDTCAI,, AND LEGISI.,ATIVE ~iEAR~NGS 1. `I'bis evening we have ( } public heara.ng{s). The hearing{~) will be recorded on tape. T would like to have introduce the star . 2. {Thisj'Phese} hearing(s~ will be held in accordance with the land use procedures required by the City plan and ordinances and the State of Uregon. 3. For each hearing tonight the applicable substantive criteria are posted or projected on the wall and are also listed in the staff report. 'Phew are the criteria the Planning Commission must use in making its decision. All testimony and evidence mast be directed toward these criteria cir other criteria in the plan or land use regulation which the person testifying believes apply to the decision. And, in the case of legislative hearings, whether the proposal is a desirable policy for the city. Please relate your testimony to the listed criteria. 4. The failure to raise an issue accompanied by statements or evidence sufficient to afford the Planning Commission and the parties an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. 5. Tf additional documents or evidence are provided by any party the commission may allow any party to the hearing a continuance of the hearing, or leave the record openf to allow the party a A-1 _c~~_ reasonable opportunity to respond. 6. Any participant may request, before the conclusion of the initial. evidentiary hearing, an opportunity to present additional evidence or testimony. `I'he commission will grant the request by either continuing the public hearing to a date, time and place certain at least seven days from the date of the initial evidentiary hearing or. by leaving the record open for at least seven days for additional. written evidence or testimony. Zf the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. if the commission chooses to leaves the record open rather than continue the hearing, any participant nay file a written request to reopen the record to respond to new evidence submitted while the record was left open, The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written .arguments, but not new evidence, in support of the application. 7. For the quasi-judicial hearings the following procedures will be f of l cawed First: The City staff will describe the proposal and will summarise its proposed findings. Second: The applicant will present evidence and arguz~ent A-- 2 demonstrating why the application should be approved. third: All persons in support of the application may present evidence and argument. Fourth: All persons in opposition to the proposal may present evidence and argument. Fifth: Because the applicant bears the burden of demonstrating that the application should be approved, the applicant may respond to any opposing testimony . but no new evidence will be accepted because there is no further opportunity for the opponents to speak. Sixth: if the Planning Commission decides that all necessary evidence has been presented, the hearing will be closed. if the Planning Commission decides it needs more information, the hearing will be continued to a future date. 8. Far the legislative hearings the following procedures will be followed: First: The City staff will describe the proposal, Second: Anyone may present evidence in support of the proposed changes. Third: Anyone may present evidence in Apposition to the proposed changes. 9. The decisions on all quasi-judicial applications, other the plan map amendments, will be final, with an opportunity to appeal ~- the decision to the City Council. The decisions on quasi--judicial Plan Map Amendment applications and on legislative applications are in the farm of recommendations to the City Council. 1.0. Everyone addressing the Planning Commission is requested to come forward, use the microphone, and begin by giving his or her full name and address. We wish to hear from everyone who is interested in the proposal.. However, we request that you not take up other people's speaking time by repeating evidence already given by someone else. 11. For quasi-judicial hearings, because the appellant or applicant has the burden of demonstrating that the appeal or application should be approved, the appellant or applicantr including consultants, will have fifteen minutes to present their case. All other persons testifying will have three minutes. The applicant will then have five minutes for rebuttal. Any time spent answering questions from the commission will. not be considered part of the speakers allotted time. 12. For those of you who wish to testify please be s-ure to fill out the "Hearing 'testimony Sign Up Sheet" located at the rear of the chambers and .bring it up to the recording secretary located at the desk to your right. Aw 4 ,_~~_.. PLANNING COMMISSION ORDER OF PROCEDURE QUA~~--JUD~CAL HEARINGS 1. Proposal No. is an application for 2. The applicable criteria for this proposal are listed on page{s) of the staff report and will be projected onto the screen. 3. Does anyone wish to object to the jurisdiction of the commission to hear this matter? 4. Does any commissioner wish to make any disclosure, or abstain from participating or voting on this application because; of possible financial gain resulting from this application; you own property within the area entitled to receive notice of this hearing, you have a direct private interest in the proposal; or because you have determined that you cannot be impartial.? 5. Does any commissioner need to' declare any contact, written, oral or otherwise, prior to this hearing, with the applicant, appellant, any other party involved in this hearing, or any other source of information (outside of staffs regarding the subject of this hearing? If so, please state with whom you had contact and what was said. {If any commissioner declares an ex party communication state; "The parties will have the right to rebut the substance of this communication during their testimony at ~~~ this hearing",) ~. Have any commissioners visited the site? (Poll the commission} 7. Will the staff please give a description of the application and a summary of the proposed findings. 8» Does any commissioner have any questions of staff at this time? 9. Will the applicant or his or her representative come forward `and state why this application should be approved? ~.o. Does any commissioner have any questions of the applicant? 11, Are there arty other people in the audience who wish to speak an favor of the proposal? Please relate your testimony to the listed criteria. 22» Dies any commissioner have any questions of this speaker? 13» Are there any people who wish to speak in opposition to this proposal? Please relate your testimony to the listed criteria. 14. Does any cortYmissioner have any questions of this speaker? 3.5. Does the applicant wash to respond to any of the opposing testimony? 16. Does staff have any f final comments before it gives its recommendation? 17, Will the staff please give its recommendation on the --- ~-~ applicatian? ~..8. Does the commission wish to continue ar close the hearing? (Zf the decision is to continue, announce the specific date of the continuation hearing.} 1.9. (Zf the decision is to close the hearing) Does the Commission wish to discuss the matter or are we ready far a motion? (lf a motion is made, skip to #2~-) 20. Are we ready for a motion? 21. Is there a second? 22. Is there any discussion on the motion? 23. Are you ready for the question? 24. Those in favor of the motion, raise their hands. 25. Whose opposed to the motion, raise their hands. ~6. The vote is in favor of the motion and opposed to the motion. ~~ PLANNING COMMISSZ©N QRDER C]F PRQCEDURE LEGISLATIVE HEARING 1. Proposal No. is an application for 2. Does anyone wish to object to the jurisdiction o~ the commission to hear this matter? 3. Will the sta~~ please give a description o~ the application and a summary a~ the proposed findings? 4. Does any commissioner have any questions of sta~~ at this tune? ~. Are there any people in the audience who wish to speak in favor off` the proposal? Please relate your testimony to the listed criteria. 6. Does any commissioner have any questions o~ this speaker? 7. Are there any people in the audience who wish to speak in opposition to the proposal? Please relate your testimony to the listed criteria, 8. noes any commissioner have any questions off' this speaker? 9. Will the staff please give its recommendation on the application? l0. Does the commission wish to continue or close the hearing? A-8 --7- {Sf the decision is to continue, announce the specif=ic date o~ the continuation hearing. ~1, {~~ the decision is to close the hearing ~ Does the commission wish to discuss the matter or are we ready for a motion? (If a motion is made, skip to #l3~ l2. Are we ready for a motion? ?.3. Ts there a second? 1~, Is there any discussion on the motion? l5, Are you ready for the question? l6. Those in favor of the motion, raise their hands. 3.7, Those opposed to the motion, raise their hands. 18. The vote is in favor of the motion and opposed to the motion. A- 9 _~~_ QUASH-JUDICAL KEAR:~NG MC3`I'1JN SAMPLES ].. AFfirm with_ No Changes or Additions: ~~ the planning commission has no changes or additions to the recommendation ar the decision of the staff, the following motion is appropriate: Motion: ~ Move that the planning commission approveJaFfirm the staff recommendationfdecision to (approve] deny} application number based on the standards, Findings, conclusions, and recommendations stated in the staff report) decision. 2, Reverse with Chan es or Additions: IF the planning commission wishes to reverse the recomendationJdecision of the staFF the Following motion is appropriate: Motion: 1 move that the planning commission reverse the staFF recommendationJdecision on application number for the Following reasons, and request that staff prepare findings to {approvejdeny}~ this application based on these reasons. (List the reasons.} 3. Modifv with or without Changes or Additions: If the planning commision wishes to modify the recommendationJdecision of the staff the following motion is appropriate: Motion: I move that the planning commission modify the staff recomendationjdecision on application number for the following reasons, {and request that staff prepare findings to modify this application based on these reasons}, List the reasons,} 4. Remand back to the Staff: if the planning commission wishes to remand a staff' decision back to the staff the following motion is appropriate. Motion; I move that the planning commission remand this decision on application number back to the staFF for Further consideration as the staff made the following error that materially affected the decision and should take the following action to rectify it. (State the error and action that should be taken.} ~. Continue the Hearing: If the planning commission wishes to continue the hearing the Following motion is appropriate: Motion: I move that the planning commission continue this hearing to its meeting on (date} at Mime & location} as additional time is A-1Q ~.~~_.. needed to consider this matter before making a decision. LEGISLATIVE HEARING MaTICN SAMPLES 1. A rave or Den with No Chan es or Additions: If the planning commision has no changes or additions to the recommendation of the staf, the following motion is appropriate: Motion: I move that the planning commission recommend the city council {approve/deny} application number based on the findings, conclusions, and recommendations stated in the staff report. 2. A rove or Den with Chan es Additions Conditions or Modifications: If the planning commission has changes, additions, Conditions or Modifications to the recommendation of the staff, the following motion is appropriate: Motion: I move that the planning commission recommend the city council {approveJdeny} application number based on the findings, conclusions, and recommendations stated in the staff report, except for the following items {or with the addition of the following items}: 3. Continue the Kearina: If the planning commisson wishes to continue the hearing the following motion is appropriate: Motion: I move that the planning commision continue this hearing to its meeting on ldate~ at (time & location} as additional time is needed to consider this matter before making a decision, 4. Refer back to the Staff: If the planning commission wishes to refer the decision back to the staff for further work or consideration the following motion is appropriate: Motion: I move that the planning commission refer this application number back to the staff for further work or consideration of the following: (State what further work or what they should consider.} A-l~ _~~_ CITY I'I.A%~N~NG A~~) IO1'~t1Nt~ CzTY PL~'i~N'II~IG coI~Ml;~~zON 227.010 Definition far Ol:~ 227.434 to 227.300. As used in t)RS 227.034 to 227,344, "council" means a representative legislative body. !Amended by 1975 c.767 §Il 227.420 Authority to create Manning commission. {1) A city may create a plan- ning commission far the city and provide far its organization and operations. {2} `I`bis section shall be liberally con- strued and shall include the authority to create a faint planning commissian and to utilize an intergovernmental agency for [Manning as authorized by ORS 194.403 to 194. ~ ld. (Amended by 1973 c.739 §1; 1975 c.767 §21 227.430 Memberstxip. {1} l~at rriare than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members. (2) A member of such a commissian may be removed by the appointing authority, after hearing, far misconduct or nonperformance of duty. (3} Any vacancy in such a commission shall be filled by the appointing authority far the unexpired term of the predecessor in the office. {4) No more than two eating members of the commission may engage principally in the buying, selling or developing of real es- tate for profit as individuals, or be members of any partnership, ar officers ar employees of any corporation, that engages principally in the buying, selling or developing of real estate far profit_ Igo more than two members shall be engaged in the same kind of occu- ppation, business, trade ar profession. [Amended by 1969 c.~134 §1: 19'73 c.739 §2; 1975 c.787 §31 227.f73,5 (1973 c.739 §S; renurnbemd 244.135 in 19931 227.444 [Repealed tty 19T3 c.739 §131 22'"!.45(1 lAmet~ded lay 19&9 c.434 §2; repealed by 1975 c.767 §161 227.i}G4 (Repeated by ]975 c.7fi7 §I61 227.474 (Amended by 1969 c.434 §3; 1973 c.739 §3; repealed by I975 c.767 §161 22'7.484 [Repealed 6y I9T3 c.739 §131 227.030 Powers and duties of cotnxx~is- sion. (2) Except as otherwise provided by the city council, a city planning commission may: {a) Recommend and make suggestions to the council and to other public authorities concerning: {A} The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion; {B1 Betterment of housing and sanitation conditions; {C) l~stablishment of districts far limiting the use, height, area, hulk and other charac- L.c+f.~y~ teristics of buildings and structures related to }and develaprnent, {p} Protection and assurance of access to incident solar radiation; and {E) f'ratectian and assurance af' access to wind far potential future electrical gener- ation or mechanical application. {b} l~ecammend to the council and other public authorities plans for rel,nrlating tl~e future groGVth, development and beautification of the city in respect to its public and private buildings and wanks, streets, parks, grounds and vacant fats, and plans consistent with future gn'owth and de- velapment of the city in order to secure to the city and its inhabitants sanitattan, proper service of public utilities and telecammuni- cations utilities, including appropriate public incentives far overall energy canservatiarr and harbor, shipping and transportation fa- cilities_ {c} Recommend to the council and other public authorities plans for promotion, devel- opment and r•egulotion of industrial and eca namic needs aC the community in respect to industrial pursuits. {d} Advertise the industrial advantages and oppartunitien of the city and availability of real estate within the city for industrial settlement_ {e) Encourage industrial settlement within the city. (f) Make economic surveys of present and potential"industrial needs of the crty. {g} Study needs of local industries with a view to strengthening and developing them and stabilizing employment conditions. {h} po and perform all other acts and things necessary or proper to carry out the provasrons of ORS 227.414 to 227.174, 227.1`75 and 227.184- {i) Study and propane such measures as are advisable far promotion of the public in- terest, health, morals, safety, comfort, con- venience and welfare of the city and of the area within six mites thereof. {2} Far the purposes of this section: {a} "Incident polar radiation" means solar energy falling upon a given surface area. {b} "Wind" means the natural movement of air at an annual average speed measured at a height of 10 meters of at }east eight miles per hazer. (Amended by 1875 c.153 §3: 1975 c.76T §4; 1979 c.671 §3; 1981 c.594 ¢$: 19$7 c.4~7 §I1$l 227.09 Definitions far OF~..S 227.104 and 22'7.110. As used in ORS 227,144 and 27'7.110, "subdivision" and "plat" have the meanings given those ter-rns in ORS 92.414. [ 1955 c.75fi §281 1993-21-113 ~-1.2 227. zOt~ c~Tl~s 227.100 Subrriission of pl<zts foz• subdi- visions and plarrs for street alterations anc2 1}ublrc }}utldangs tc} ct}mrnlss3c}z1; re- 1}c}r"t. tkli subdivision plats lacateci within t}ae c3t_v lire}its, and all puns or plats far vacating or la~~ing otzt, widening, extending, par}sing oriel •locat3ng streets ar plans far public f}uiidrn{;s shad first be submitted to tlae camnarssran by the city engineer oa- other pr-aper municipal af'ficer, and a report t}aereon tram the commission secured ir1 «°riting before approval is given by the ~3#'apei' rnuniC3pal officio}. lAmendec# by i955 c.756 .,2GP 227.110 City approval required prior to recortlintr c}f subdivision plats and plats c}r deeds dedicat%ng land to public use tvitllin six miles of city; exception. {ll All su})dii-ision plats and a}! plats ar deeds dedi- catrrag )and to public use in that portion of a county ~t•ithin six males outside t}1e limits rat arat~ tit}~ shall first be submitted to the city }}ianraing conamissiarl or, 3f na such camnlis- s3ara exists, to the city engineer of t}1e city anti approved by tfae commission ar' engineer before their slagfl be recorded }-lawgiver, un- less at}lerwrse provided in an urban gr•awt}~ are<~r management agreement Iorntly adapted by a crtti~ and caunty to establish prncedures far regulatrng farad use outside the city limits anti i+~it}1:n an urban g7•awtla boundary ac- icno~t'iedged under ORS 197.251, if the caunty lra~'errairag body lags adopted ordinances ar rC~;ulatrorls tar subdivisions and partitions under 0}~S 92.044, land ~vitllin tie six-mile 1irlaii :=loll be under tine jurisdirtian of tie car3nt~' far those purposes. r'?i }t shall be unlawful to receave ar re- cord such plat ar ref}]at or- deed in any public oftict t3nfess the same bears thereon tie ap- l}roc'af, by rndarsement, of such can-rmissian ar' cite engineer. However, the rndarsement of floe camnarssion ar city engineer of the city" with boundaries nearest the land suet dacun~ent affects shaft satisfy the require nlents of tlis section in case tie boundaries of mare than one city are within six mites of the property sa mapped or described. if the gal~erning bodies of such cities mutually agree upon a boundary line establishing t}1e limits of the jurisdirtian of t}ae cities at}aer than file line equidistant between the cities and file tie agreement with the recording affice3' of the county containing such boun- dary fine, the boundary line mutually agreed upon shall became tie lrmrt of the jurisdic- tion of each city until superseded by a ne~v agreement between tie cities or until one of the Citaes fries with such retarding officer a ,vritten rrata}`icatian stating that the agree- ment steal} no ganger apply- (Amended 13y 195~"i c 75G j27, t9$3 c_570 ~5; 7991 c r63 §25l 227.12{} I'roc.edur~e t1r1d approval for renrltllIn}~ Stt'eetS. Wit}13ra stX nlrles at ~.}1e 1ir11its of any city, the cammrssiara, if there is one, ar if r1o such commission Iega}}y exists, t}ac~n the city engineer, shad recammerad to the city cotrncii t}1e renaming of any existing street, highwayy ar road, other Haan a caunty ran{i ar state 11ig}1.vay, if ira t11e judglnerat of the carrlnlissron, or if no such commission legally exists, then in the judgment of the city engineer, star}~ renaming is in the }pest interest of the city and the six mile area. llpan receiving stash recar-nrnendation tf-re cauncif stall afford parsons particularly in- terested, and t}1e gerler'al public, an appartta- nity to }ae lacard, at a tinge and place to be specil~ied rn a notice of }acarilag published in a newspaper of general circulation within the mtacricipality and the srx n1i}e area not less than nnce wttlaira the week prior to tfle weel; within ~vlaicl floe Bearing is to be held. After such apportttnity for Dearing has been afforded, the city council by ardinarace slaa}} rename floe street ar hig}lway 3n accordance witfl the recamrtaendatiorl ar by resolution shall reject the recommendation. Acertified cagy of earl strc}a ordinance slat) be filed for record tivith tf~e taurlty clerk or retarder, and a like copy shall be filed tt-ith tie caunty assessor and caunty serve}rar. The county surveyor shall enter' the new names of such streets and rands in red ink an any fr}ed plat and tracing thereat iv}aich may be aft'ected, toget}ter 14~at1 appropriate notatrans cantern- ing floe sarlle. 227.130 l1"{4g7~n1Ed fit' 19ia C.7$r yti161 227.140 1Repcaled G~• 1975 c.'r67 ,lsl 227.I50 lI?cpealed late 1975 c.767 X16} PLANNING AND ZONING HEEIP.INGS ANI~ REVIEW 227.160 Def+rnitions ft}r ORS 227.160 to 227.1$5. As used in ORS 227.160 to 227.2$5: {1} "I-}ea:•ings officer" means a planning and zanirlg hearings officer appointed ar des- ignated by a city council under ORS 227.265. f2) "Permit" means discretionary ap- praval of a proposed development of land, under ORS 22'7.225 ar city fegis}atian ar reg- ulation. "Permit" does not include: {al A limited }grad use decision as defined in ORS 29?.015; (b} A .decision which determines the ap- propriate zoning classiticatian far a partic- ular use by applying criteria ar performance standards deCning the uses permitted within the zone, and the determination applies only to land within an urban grawtl toundary; ar (c} A decision which determines final en- gineering design, construction, operation, maintenance, repair ar preservation of a transpartatian facility whit}~ is otherwise 1993-21-11~ A-23 3 CSTY I'I;~LNNINC; t~I~D I t~NING authorized lIy and consistent with t}~e carn- prehensive plan and land use reg~Ilatians. f 1973 c, 739 $G; ~ 9"r5 c.%&7 ~5; 1991 e.817 §8a1 227.165 1"'}arming ~rr~c3 zoning hearings oF~cers; duties and powers. A city may appoint one or more planning and Zoning hearings officers, to serve at the pleasure of the appointing authority. Such an officer sha}1 conduct hearings an applications far such classes of permits and none changes as the council designates. (1973 ~_~~~ ~7; 197 ~.~rs7 Ufa ~ 227.I7Q Hearing procedure, "I'he city coui~ci) shad] prescribe one ar mare proce- dures for t}~e conduct of hearings an permits and zone changes. 11973 c.739 §8: 1975 c.767 §71 22'7,173 Basis for decision on permit application crr limited land use decision; statement of reasons far megrant or denial. {1) Approval or denial of a discretionary per- mit application shall be based an standards and criteria, which shat} be set Earth in the development ordinance and which sha}1 re- late approve} or denial of a discretionary permit application to the development ordi- nance and to the comprehensive plan far the area in which the development would occur and to the development ordinance and com- prehensive plan far the city as a whole. {2) Appprav~l oi- denial of a permit appli- cation ar united land use deeisron shall be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the deci- sion, states the facts relied upon in rendering the decision and explains the justification far the decision based an the criteria, standards and facts set forth. (3} Written notice of the approval ar de- nial shat] be given to a}1 parties to the pro- ceeding. 11977 c.65~€ §5: 1979 c.772 §106; 199] c.817 ~I61 22'7.175 Application For permit or zone change; fees; consolidated procedure; hearing; approval criteria; decision •vith- out hearing. {1} When required or author- ized by a city, an owner of land may apply in writing to the hearings officer, or such other person as the city council designates, far a permit or zone change, upon such farms and rn such a manner as the city council pre- scribes. The governing body shall establish fees charged for processing permits at an amount na more than the actual or average cost of pravidIng that service. (2} The governing body of the city shall establush a consolidated procedure by which an applicant may apply at one time for all permits ar zone changes needed far a devel- opment project. The consolidated procedure shall be subject to the time limitations set out in C)RS 227.178. The consolidated proce- dure shall be oval}able for use at the opt"son 22`7.5.75 of the applicant no later than t}~e time of tl~e first periodic review crf t}re canprehensive plan and }anti use regulations. {3} Except as pravideci in subsectuor7 fl(l} of this sectian, the hearings offrcer shat} ho]d at }east one public hearing on the applica- tion. {q) r1'he app}icatian steal} not lye ap proved unless the proposed development a~ land would be in compliance with the comprehen- srve plan far the City and other applicable land use regulation or ordinance provisions. The approval may include such conditions as are authorized by C?R~ 227.215 ar any city legislation. Notwithstanding other require- ments of this sectian, }united land use decu- sions steal] be subject to the requirements outlined in URS 197.195 and 197.828. {5} Hearings under t}7is section may lie he}d an}y after native to the applicant and other interested persons and shall otherwise be conducted in conformance with the pra- visians of C?RS 197.763. (6} l~atice of a pubic hearing on a zone use application shall be rovided to the owner of an airport, defined by the Depart- ment of Transportation as a "public use air- port" if: fa} The name and address of t}~e airport owner has been provided by the Department of Transportation to the city planning au- tt~arity; and {b} The property subject to the none use hearing is: {A} Within 5>000 feet of the side ar end of a runway of an airport deterrrrined by the Department of Transpartatian to be a "visual airport"; ar {D} Within i0,t}00 feet of the side or' end of the runway of an airport determined by the Department of Transportation to be an "instrument airport,,, {7} Nat~~rithstanding the provisions of subsection {6} of this sectian, notice of a zone use hearing need aniy be provided as set Earth un subsection {6} of this section if the permit or zone change would aniy alto«~ a structure less than 35 feet in height and the property is located outside of the runway "approach surface" as defined by the Depart- ment of Transportation. {$} if an application ~,vould change the xane of property which includes alt or part of a mobile home ar manufactured dwe}ling park as defined in 4RS 446.Ofl3, the govern- ing body shall give written notice by first class marl to each existing rriailing address for tenants of the mabi}e home or manufac- tured dwelling,' park at least 2(} days but not mare than 4fl days before the date of the first hearing on the app}ovation. The governing 1993-21-115 ~- z~l _-63_ 227.7 ~~ c~~Tt~s hotly may reclurre an applicant far sttc}7 a filed wit}tin 23 days of ilia deCisiart. `I'1te na- lane Ci}ange to pay t}te CQStS of Stich na<-7C(?. ~.1Ct'_ S}']i~#} ]r7CJt1d~' an C?x~l}at7at]aT7 t7# appefll {~) The fai#ure of a tenant ar an airport rif?17ts. 1]973 c.739 §§9,iQ; 1975 c.767 §8; ]9fi.3 c.f}27 §24, owner to receive a notice which was mailed ]9 5 c.~t73 §]:>; 19E37 c.tOG §3: 2987 c.729 §]8; ]989 cG~rt3 §G3: 1991 c.612 §21; ]991 c817 §6f shall not invalidate any zone change. (10}ta) The 17ear-rngs officer ar such oilier ~~~'~~~ Final aCtiUn c>rt certain appli- , person as the governing body designates may cations rewired Gvithin 12(} clays: excet~- , apprave ar deity an appllCatlCrJ7 for a per-trait tt072S; rrlaTlCIan7t1S alit}]CtrF7.E?d. t11 Except as prfrv,detl Irt Sul}secttfans t3l wit}7aut a hearing if the hearings officer ar other desi nated erson ives nonce f th ,tnd r.ly trf th,s sectu)n, the t~ot~errt3ntt bod>> of a eFtt g p g o e decision and j3rQ~/IdL'S an appa?'tUnlty far c'1 ~1- nr :ts c}eslgriate shall take }final action ot~ an ap}>l~. t':7t i~}t7 fCS i' ~ p£'rt771t, IF n31tCd Ir~nd US£' dCCrc30n aC ZaliC peal of tf7e G'ClSlon to those persons wl-ta cl7angc". l~tcludtn}; resnltl[Ian of all appe8ls t3nt1 C'i' would have f7atl a right to notice if a }7earing 0-15 2'Z~ 150. tvrthin -2D days after the :tpplicattan .s had been scheduled or who are adversely at= fleentt~cf caFnplete fatted ar aggrieved by the decision. Notice {'}r If an ~tpphcat,on for ;t per-tn,t. Ilm~tef} Innd of the decision shall be given in the same ii=c dccFSirxt nr 2frne' change i. incomplete, the gay. manner as reC}aired by C}~S }97.195 or !''''ung bad. nr :ts designate shall notrf,- the applr- 197 7Ei3, wit;cl7ever is applicable. An a Dppeal t ~i s l rt ~ e a l ~it n t from a 17ear1ngS Officer`s deC151on Shall be af r to t}te 30 dati s receipt of the apph cation d a made to the planning commission or govern- applicant to submit the r71iSS)n inftirn)atian Ttte application shall be deemed cornp~ete for the purpose ir7g body of the city. An appeal from such ftf subsection { l) of this section upon receipt by tltc oilier person as ilia governing body desig- governing l)ndy or, Its designate of the missing it}far Hates shall be to a hearings officer, the matron. if the applicant refuses to submit the atxiss~ pplanning commission or the governin body. ing tnfarmatiftrt, the application shall be deemed 1n either Case, the appeal sha}I be a e navo complete for the purpose of subsection { l } of th:s hearing. section an the 3lst day after the grn~errting bad}• first {b} if a IaCal government provides only a received the application. t3} if the application tvac complete tvhett {first nonce of the opportunity to request a hear- submitted nr the applicant stthmits the requested irlg, the laca# government may Charge a fee additional information within l8t} days of the date far the initia# hearing. The maximum fee for t17e application tivas first submitted and the city has at7 initial I7ear•ing shall Hat be in excess of a comprehensive plan and land use regulations ac- $100. If an appellant prevails at E.17e hearing kna1vledged under ORS 397.25], approval or denial ar upon subsequent appeal, the fee for the of the application steal} be based upon the standards initial hearing shall be refunded. The fee al- and criteria that were applicable at the time the ap- lowed in this paragraph sha}f Hat apply to pliCat3an tr~as first submitted. {~} The 32fl-day period set in subsection t}7 of appe<-t1s made by: this section may be extended for a reasonable period Cti} The Department of Land Canserva- of time at tile request of the applicant. tiara aatd f7evelapn7ent, ~ t5I The 12fl-day period set in subsection 131 of {f;} Nei hborhaad ar communit ar an- g Y g this section applies: ta} Only to decisions whollt- within the authority izatians recognized by the governing body and control of the governing body of the city; and :t ltd whose boundaries include the site. tb) Unless the parties have agreed to mediation (1.1} A decision described in Ol~?.S 22'7.}[;Q as described in ORS 197.3}g t2xb}. t6) Notwithstanding subsection t5} of this sec• {2}(b} shall: tiara, the } 20-day period set in subsection t } } of this ta} l3e entered in a registry available to section does not apply to an amendment to an ac- tl7e public setting Earth: kna+vledged comprehensive plan ar land use regu- latian ar adoption of a Heir ]and use regulation that {t1} The street address ar other easily u•as forwarded to the Director of the Department ttnderstaad geographic reference to the stib- of Land Conservation and Develapinent under jest property; pRS }g7.6}0 {3}. ($) The date of tl7e decision; and t71 Exceppt when an applicant requests an ex- if tension unt3er subsection {d} of this section, {C) A description of the decision made. the governin body of the city or its designate does {b} Be sub'ect to the urisdictian of the ~ ] not take fina action an an application far a permit, limited ]and use decision or zone change within 12t} Land Lase Daard of Appeals in the same days after the app#ication is deemed complete: manner as a limited land use decision. ta} T},e city steal] refund to the applicant ei- (c} ,fie SubJeCt to the appeal period de- Cher the unexpended portion of any app3icatian scribed in C}RS 197 839 {~}{b} fees or deposits previously aid ar 5t) percent of . . the total amount of such fees ar deposits, {12} At ilia option of the applicant, the l whichel•er is greater. The a plicant is Hat liab3e b- d ocal government shall pprovide notice of the su for additional governmental fees incurre deCision desCr-ibed in ORS 227.160 {2Xb} in set~uent to t3,e payment of such fees or deposits. the manner required by C}RS 197.763 {2), in However, the applicant is responsible for the which case an appeal to the board shall be Costs of providing sufFicient additional infor~risa- tiara to address relevant issues identifiet3 iri the consideration of the application. ]993-2} -lib ~-15 ' °~~-. (trl t tie appi,canr , }r } }~ x ~.,~ ,. of the counts where the application was filed Car a writ of rr~andantus to cornt,e] the ~c~verning (xociy or its designate to issue the approva~. 'T'ire writ shal3 tie sssued unless the governing Body shcx~vs ttaat the approval xvz~uld violate a substanUvc I~rovision of tl~e city comprehensive plan or land use regulaticins as defined in f}fZS 197.15. `T'Tae tvr~it Wray speciC}~ conditions of aCrlxroval that ~,voaxk# otlter~.vise ite~ allowed fxy the city cornprel7c.rrsive €31arx crr larrd use regulations. ($) A city may rzat crarnpet <xrr ,rfrfxtiertr:t to waive the 12d-day period set in srrhsectivn {I) cif this section or to waive the provisions caf sufr- sectipn t71 of this section as a canditirxn for trrl<inT; any action on tan application fora txer- miL, tirnited land use decision ar- zone change exce ~t when such applications are hlec3 Concrtr- renty and considered jointly with a plan amendment. 22';x,180 ~i.eview of action on ~errzzit application. {i){a) A party aggrieved by the action of a hearings officer may appeal the action La the plannrng commission ar council of the city, ar both, however the council prescribes. The appellate authority on its o~~~n motion may review the action. The ~rro- cedure for such an appeal ar review sha]i be prescribed by the council, but shall: {A} Not require that the appeal be {fled within less than seven days after the date the governing body mai}s ar delivers the de- cisian of the hearings officer to the parties; {g) require a hearing at feast for argu- ment; and {C7 C~equire that upon apppeal ar review t}ae appel}ate authority .consrder Lhe retard of the llearin s officer`s action. That record need not set arth evidence verbatim. {b} Notwithstanding paragraph {a) of this subsection, the council may provide that the decision of a hearings officer ar other decision-making authority in a proceeding for a discretionary permit or zone c}-tarrge is the finaf determinaLtan of the city. (c) The governing bady may prescribe, by ordinance ar regufatian, fees to defray the casts incurred in acting upon an appeal from a hearings officer, planning commission ar other designated person. The amount of the fee sha}} be reasonable and shat} be na mare than the average cast of such appeals or the actua} cast of the appea}, excluding the cast of preparation of a written transcript. The governing bady may establish a fee for the preparation of a written transcript. The Fee shat} }ae reasanaiafe and steal} not exceed the actual cast of preparing the transcript up to $540. In lieu of a transcript prepaxed by the governing body and the fee therefor, the governing body shall a}Caw any party to an appeal proceeding held an the retard to pre- pare atranscript of relevant portions of the proceedings conducted at a lower }eves at the party's awn expense. If an appellant prevails at a hearing ar on appeal, the transcript fee shall be refunded. {2) A party aggrieved by the final deter- mination zn a proceeding for a discretionary permit ar zone change may have the deter- C,I'1"Y 1'isANNINC.= t>LN~ 7C?NING 227.1;3fl tnirzation reviewed under C}}~.S ~ 97.830 to 1 J7.845. (3} Na decision ar action of <a planning camrnission ar city governing bady sha}} be invalid due t.o ex pane contact ar bias re- sulting Exam ex parLe contact with a member of the decision-making body, if the member of the ctecisiotz-making bady receiving Lhe can tact: {a} }'laces a~i the retard the substance of any written ar oral ex pane communications concerning the decisian or action; and {G} C-las a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication made at the first hearing fal- lowing the cammunicatian where action evil] be considered ar taken on the subject to which the cammunicatian related. (~} A communication between Xcity staff` and the Manning commission ar gaverrzing bady shall not be considered an ex pane contact far the purposes of stzbsectian (3} of this section. (5) Subsection {3} of this section does not appfy to ex pane contact with a hearings af- ficer. (2973 c.739 §§11,12; 2975 c.767 §9; 1979 c.772 §12; 1981 c.748 §43; 2983 c.&56 §2; 1983 c827 §25: 2991 c.817 ;121 227,185 Transmission tower; It>catian; conditions. The governing bady of a city or its designate ma'y allow the estab}ishment of a transmission tatver over 204 feet in height in any zone subject to reasonable conditions imposed by the governing bady ar its desig- nate. 11983 c.827 §27x1 227.187 Pu}aiic safe of copies of city comprehensive plan and tend use regu- Cations. A city shall maintain copies of its Comprehensive pplan and Cand use regulations, as defined in EARS 197.415, for sale to the public. 11991 c.363 §31 ~~~~, ]993-21-I i7 _~~r~ 197,763. The fallowing procedures shall govern the conduct of quasi-judicial land use hearings con- ducted before a Local governing body, planning com- mission, hearings body ar hearings af~cer on application for a Iand use decision and shall be in- caz•porated into the corr7prehensive p]an and land use regu]atians: {1} An issue which may be the basis for an ap- pea] to the band CTse Board of Apppeals shall be raised not later than the claw of tl•re retard at or following the Final evidentiary hearin on the pra- pposal before the local government. Such issues shall be raised ~ and ae- cc~tnpanied by statements or evidence suffiicient to afford the governing bad}~, planning commission, hearings body ar hearings officer, and the parties an adequate opportunity to respond to each issue. {2}{a} Notice of the hearings governed by this section shall be provided to the applicant and to owners of record of property on the mast recent property tax assessment roll where such property is located: {A} Within 100 feet of the property which is the ~ j subject aF the notice where the subject property is wholly ar in part within an urban gra~vth boundary; {B} Within 250 Feet of the property which is the subject of the native where the subject property is ' outside an urban growth boundary and not within a farm or forest zone; ar {~} Within 500 feet aF the property which is the subject of the notice where the subject property is within a Farm or Forest zone. {b} Notice steal] a]sa be provided to any neigh- borhood or community organization recognized by the governing body and whose boundaries include the site. {3} `i'he notice provided by the jurisdiction shall: {a} l~xplain the nature of the application and the proposed use ar uses which could be authorized; {b} List the applicable criteria from the ordi- nance and the plan that apply to the application at issue; . (c} Set Earth the street address ar other easily understood geographical reference to the subject property; {d} State the date, time and location aF the hearing; {e} State that failure of an issue to be raised in a hearing„ in person ar by letter, or failure to pro- vide statements or evidence sufficient to a#~ord the decision maker an apportu- nity to respond to the issue precludes appea} to the board based an that issue; {f} Be mailed at least: A-17 _.. ~ ~ _.. {A} Twenty clays before the evidentiary hear#n~;; a r- {I3} if two ar more evidentiary kaearrngs ,ar-c rs!• lowed, }p days before the frrsL evitlentiar}~ l3earrn;.;. {g} Include the name of a local governrnant rep- resentative to contact and the telephone number where additiana] infarmatian may k>e obtarnccl: {h} State that a caav of the application. all tlcrc• timents and evidence submitted by nr an behalf of the applicant and applie<~ble crrterra are available for inspection at no cost and will }ae provided at reasonable cast; {i} State that a copy of the staff report ti~r11 !ae available far inspection at na cost at least seven days prior to the hearing and tvi}I kae pr-ovidetl srt reasonable cast; and {j} Include a general explan~atian of tlae rc:qurrc- naents far submission of testimony and the procedure for conduct of }tearings. {4}{a} Al! documents ar evidence relied upon bt~ the applicant shall be submitted to the local gavern• meet arad be made available to the taublic {b} Any staff re part used at Llle hearing shall l>c available at least seven days prior to the hcar-rng. 1f additional documents or evidence are provided lay any party, the local government may allow <a continuance ar leave the retard apcn tt> <rlla~v the laarties a reasonable opportunity to respond. Any continuance or extension of the record re- quested by an applicant shark} result in a can-e- sponding extension of tlae time limitations of OIZS 215.428 ar 227.178. {5} r'lL the commencement of a hearing under a comprehensive plan ar land trse eegtrlatian. <t stzrte- nrent shall he made to those in erttendance that. ia} Lists the applicable subsL<;ntivc criLeF•u3: {b} States that testimony <~tnd evidener>. rncsst l}e directed toward the criteria described in paragrtrkah {a} of this subsection or atkter` criteria in the plan nr• land arse regulation which the person believes to ala- ply to the decision: and {ci States that failure to raise an issue accom~aanied by statements ar evidence sufficient to al~fard the decision rnal;er and the pparties an oppariunity to respond to the is- sue prer.tudes ap},eal to the board based an that is- sue. ' (g}{a} Friar to the t:anclusian of ileac initial evidentiary hearing, any participant may re- t~uest an opportxurtity to present additiana) evi- dence or testimony regarding the application. T}zc €oca} hearings a>.rtharity s}ra€1 grant sucks request !ay contirrrring the pulalic krearing purstr- anL to paragr•ap}r {b} of L}rrs subsection ar leav- ing the. record open far additional written evidence or' testimony ptrrsrsant to laaragr-aplx (c} of this subsection. {t}} if the kearings aur.harity grants a c~n- tinuance, Llae hearing shark be continued to a date, time arrtl place certain at least seven bays from L}ac d<rLe of the initial evidentiary bearing. An appor~tcrnity shale} lac pravidecl at the cantirt- ued Irear-ing for persons La present and rebut crew evidence and testimony. 1f new written evi- dence is scrlamittet€ at t}re continued }rearing, any person nxay c•e oast, prior to the canckusian of the continued Ejearing, ttrat the rectarti be €eft open for at !cast seven days to submit additional ~vr-itten evidence ar testimony far the purpose of responding to the nt>.w written evidence. {c} 1f the herrings authority leaves the re- cord open for- additiana) written evidence or testimony, the record shall be left ape» far at least seven days. Any participant may file a lvritten request tvitkt the kacal governrnant far an opportunity to respond to nary evidence suka- mittetl durin t}re period the record was left alaen. 1f suc~i a request is filed, the hearings authar-ity shark reo~aen thc~ retard pursuant Lo strkasection t7} of tk~rs sectirrrr. {t}} A continuance ar extension frr•anted pur- srrant Lo this section shalt be Subject to Lhe limitations of t'ik?.S 215.42$ or 22"7.178, unless the evntinuance or extension is requested or agreed to by the applicant. {e} Unless waived by Lhe applicant, Lhe locale government shall alla~v t}~e applit:ant aL least seven days after the retard is closed to all other parties to Submit finale written arguments in su}}aparL of the <-pplication. The applicant`s final sulamitta} sha!€ be cansider•ed part of the record, larrt shall not include any new evidence. i7} t~hcn a local gavernirrg body, planning corn- msssion, hearings kaatly or hearings aflicer reopens a record to adrrrit netiv evidence: ar testinran}", an}~ per- son may raise ne~v issues which relate to Che new evidence. testimony ar CCrtel'ra fa F' deCis3an•nia l{3n~~ ivlrich apply to the matter at issue. {8} The failure of tl~e pr-aperty owner to receive notice as provided in this sectran shall not invalidate such proceedings if the local government can dem- onstrate by affidavit Lhat such notice tivas given. The notice provisions of this section shall rrat restrict the giving of notice by other means, including post- ing, newspaper parblication, radio and television. {g} Far purposes of this section: 4a} "`Argument"' means assertions and analy- sis regarding the satisfaction ar violation of le- gal standards ar ppo}icy believed relevant by the proponent to a decisron. "Argument" does not include facts. {b3 "Evidence" means facts, documents, data or other infarmatian offered to demonstrate compliance or noncampliarrce with Lhe stand- ards believed kay the proponent to be relevant Lcr the decision. ~-18 ~~~ I~.ECOT~DS, REPOI~`I'S ANI~ MZfI`I'1NGS 1;32.£x.3{} Ptl-B1,IC Iv~EETINGS 192.610 Definitions for ORS 192.61{} to 19~.G90. As used in C3R5 192.610 to 192.690: (1) "Decision" means any determination, action, vote or Tina] disposition upon a mo- tion, proposal, resolution, order, ordinance ar measure an which a vote of a governing body is required, at any meeting at which a quorurrt is present. {2} "~'xecutive session" rr~r.ans any meet- rr~g ar part of a meeting of a governing body which is closed to certain persons far clelib- eration an certain matters. {3l "Governing body>` rrreans tl~e members of any public ]~ady which consists of two or mare rnember'S, with the authority to maize decisions for ar recommendations to a pubic body on policy ar administration. {4} "public body>' means the state, ar~y regiona] council, county, city or district, or any municipal ar public corporation, or any baarc], department, commission, council, bu- reau, carom€ttee Or 5UbCammlttee a1" adviSOry group ar any other agency thereof. {~} "Meeting„ means the convening of a governing body of a pubic body for which a quorum is required in order to make a deci- sion or to deliberate toward a decision on any matter. "Meeting" does not include any onsite inspection of any project or program. "Meeting" also does oat include the attend- ance of members of a governing body at any national, regional or state association to which the public body or the members be- long. }1J73 c.li2 §2; 19?9 c.frt4 §1} 192.620 Policy. The Oregon form of gov- ernment requires an informed public aware of the deliberations and decisions of govern- ing bodies and the information upon which such decisions were made. It is the intent of ORS 192.610 to 192.690 that decisions of gov- erning bodies be arrived at apen]y. f]973 c.r72 §r1 192.630 Meetings of governing body to be open to public; location of meetings; disabled access; interpreters. {1} A}] meet- ings of the governing body of a public body shall be open to the public and all persons shall be permitted to attend any meetir7g ex- cept as otherwise pr-avided by ORS 192.610 to 192.690. {2} No quorum of a governing body shall meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as otherwise provided by ORS 192.610 to 192.69(}. {3) A governing body shat] not bald a meeting at any place where discrimination on the basis of race, creed, color, sex, age, national origin or disability is practiced. However, the fact that organizations with restricted membership hold meetings at the place shall oat restrict its use by a public body if use of the place by a restricted mem- bership organization is oat the primary pur- pose of the place ar its predominate use. {~) Meetinggs of the governing body of a pubic body sha]1 be he]d within the ge- agraphic boundaries over which the public body has jurisdiction, ar at the administra- tive headquarters of the pubic body or at the 1993-19-101 ~~~~ A--19 z~z.~t~ mizsC~,L1.~rOUS M.~.rrlt~.l~s other nearest practical ]ovation. 'I`raininf; sessions may be held outside the jurisdiction sa long as na deliberations toward a decision are involved. A joint meetin of two ar mare governing bodies shall be held within the geographic boundaries over which one of the participating public bodies has jurisdiction ar at the nearest practical 3acatian, Meetings may be held in locations atller• than those described in this subsection in tl~e event of an actual emergency necessitating immediate action. This subsection does not apply to tl7e Oregon State Bar until December 31, 1980. {5}{a} It shall be considered discrin-ii- nation on the basis of disability far a gov- erning body of a public body to meet in a place inaccessible to the disabled, ar, upon request of a hearing impaired person, to fail to make a goad faith effort to have an inter- preter for hearing impaired persons provided at a regularly scheduled meeting. The sale remedy far discrimination an the basis of disability shall .be as provided in DRS 192.680, {b} The person requesting' the interpreter shall give the governing body at ]east 48 hours' native of the request far an inter- preter, shall provide the name of the re- quester, sign language preference and any other relevant information the governing body may request. {c} If a meeting is held upon less than 4$ hours' native. reasonable effort shall be made to have an interpreter present, but the re- quirement far an interpreter does not apply to emergency incetings. 4d} if certification of interpreters occurs under state or• federal la~v, the Oregon Disa- bilities Commission ar other state ar local agency shall tr_v to refer only certified inter- preters to governing bodies for purposes of this subsection. (e} As used in this subsection, " aad faith effort" includes, but is not limited ta, con- tacting the Oregon Disabilities Commission ar other state or local agency that maintains a list of qualified interpreters and arranging far the referral of one or more such persons to ravide interpreter services. fl9'T3 c.t72 §3; 197~C.644 §2, 1989 c.2029 111 I92.Fi40 Public notice required; special no>Gice for executive sessions, special or emergency meetings. {1} The governing body of a public body shall provide far and give public notice, reasonably calculated to give actual notice to interested persons in- eluding news media which have requested native, of the time and place for balding regular meetings. The native shall also in- elude a list of the principal subjects antic- ipated to be considered at the meeting, but this requirement shall not limit the ability of a governing body to consider aciditianai subjects. {2} If an executive sessian only ~vi]I lie held, the native sha]1 be geven to the mem- bers of tl~e governing body, to the general public and to news media which lave re- quested notice, stating the specific provision of law authorizing the executive sessian. {3} No specitr) meeting shall be 17elcl without at least 24 hours' notice to the members of the governing body, the news media whitll leave requested native and the general public. fn case of an actual ernes-. gency, a meeting may be held upon such na- tive as is appropriate to the circumstances, but the minutes far such a meeting she]] de- scribe the emergency justifying ]ass than 2~1 l~aurs' native. 1273 c.I72 ~~; 29?9 c.G~€4 ~3; 29$I c !82 ~1] 192.650 ~'Vritten minutes required; content; content of minutes for- executive sessions. {1} The governing body of a pubic body shall provide far the taking of written minutes of all its meetings. Neither a full transcript nor a recording of the meeting is required, except as ather~vise provided by law, but the written minutes must give a true reflection of the matters discussed at the meeting and the views of the partic~ ipants- All minutes shall be avai]able to the public within a reasonable time after the meeting, and shall include at least the fal- lowing information: {a) All members of the governing body present; {b} All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition; {c} The results of all votes and, except far public bodies consisting of mare than 25 members unless requested by a member of that body, tine vote of each member by name; {d} The substance of any discussion oil any matter; and {e} Subject to ORS 192A10 to 192.505 re• lating to public records, a reference to env document discussed at the meeting but suer reference shall not affect the status of the document under ORS 192.410 to 192.505. {2} Minutes of executive sessions shall be kept in accordance with subsection {1} of this section, I-lawgiver, the minutes of a hearing held under ORS 332.001 shall contain only the material not excluded under ORS 332.06] {2}. Instead of written minutes, a record of any executive session may be kept in the farm of a sound tape recording which need not be transcribed unless otherwise provided by law. Material the disclosure of which is inconsistent with the purpose for which a meeting under ORS 192.660 is authorized to 1983-14-102 A-- 20 I~IaCC}ftT}~, 52~~~p'(~R'Z`S F1{`:I) MEL"~'IT~IC;~~ i.>a~ €7eld may be excluded from disclosure. F[rFtvever, exc€rrded materials are out.}zar-i-reci to l?C? C`tamrnCd pr-rvatCiV by 23 CatErt Sr7 ar7y legal <rttion and the carat shall determine tl7crr' admissibility. #197:3 c.172 .v; 39i5 c.G&•r :1. r ~ <<r c~ ts•r=a ;~r 1 192-£i{i0 ~.xecutive sessions permitted crrr Ce°r-fain matters; pr-acedures; news nzec€i~7 re trreserrtatives' <rttendance; €imits. { l l lVatlzrr7g contained in (SRS 192.61{1 to 1f12.G90 sha€} be construed to [zrevent the t;tr~ernrng body of a public body from holding c•xeruti~c :~essian during <r regular, special ar er77t~rt;ency r7zeeting, after the presiding ofli- ccr h~7s sdentifred the arrtharization under C-}1tS }92.ti}(} to 192.690 for the holding of srrcir e~c`cutive sessirar7. }axccr7ti~~c session rr7.sti' Ise hi~lci: rtrl `i'o consider the em }aynzent of ~l pulz- lrr c}f#icer-, employee, staff member or indi- ~•iriria) agent. T}7c~ exception contained in flits #raragr;r[~it clues not apply ta: i=1) `I'lze tilling of a vt7cancy in Ern elective rrI`ficc {}31 "l'he filling of a ~•acancy an tray public t;C)t77r17]tt.f'(', i:alnn]rSSran 3}t' other' advrSCr7'y }; roa p. iC:l The consideration of genera) employ- rr7erzt paircres. (I`}r `l'i7e employment of the chief execu- ttvc rr['ficcr, of}zcr- public officers, employees c7irci sE.afT' n7cmbers of any public body unless the ~.7cancv in that office }zas been adver. (i:;ec€. regrslarized procedures for lzirrng have bcer# adapted by the public body and there 17~rs l}cr.n opportunity far public input into thc~ ~.~77pla~rment of` such ar7 officer. }-}owever, the sl<7szdards, criteria and po}itS' directives to Ise issecl rn hiring chief executive af[icers <Ir.rll #xr~ <7clopted by the governing hady in rtrr~t•trn1,4 oI>cn to the ;xrbiic ir7 ~vhiclz three 17cr~ ht~~~n rtl7pas-ttrnsty for pub€ic can7ment. ;±:Irr `1`c~ car7sicicr ti7e dismissal or disci- I}Ira7~i•r71; uf, or to hear complaints ar charges hrc>ra„-=17t <rt;ainst, a public o[`fieer, en}ployec3, st<71! nren7lzer or individual agcrzt, unless such pul7hc of[cer, employee, staff member or in- dirrdual agent requests an open hearing. Ica 'Ca consider matters l7ertaining to the frsrzctrar7 of t€ze medical staff of a public }zos- I7it~7) licensed pursuant to C}RS 441.015 trt ti'# i.{JG:3. ~ 11-085. 441.0$y and 441.990 {;3; in- cluclin~, but not limited ta, all clinical com- intttees, esCCUtive, credentials. utilizatran re~-re«„ peer revrew committees and all other matte,~s relating to rnedita} competency in tizc 17asprtal. (ell 'i`a conduct tie€iberatrans zvrtlz persons clesign~rtcc€ by the governing hady to carry an lobar nc~gotiatians. I92.6~{1 {e7 To cancirrc.t cieiil}erations with per-sc desigrzateci by tl7e governing body to ne{;. at.e real property trar7sactions. {f) '}b cansicier retards that are exe },y law fir-arn pu}.71ic inspection. (g) '}'a consider prelirrrirzary negotia• involving matters of track ar cammeri which the governing hady is in compe with governing bodies in other states t bons. {h) To consult with taunse) eons= the ic~gal rights anc€ duties of a public. .. - tvitlz regard to cur-rertt litigation or €itigation €i1<ely to be fi€ed. {i} Ta review and evaluate, pursuant to standards, criteria anCi policy directives adopted by the governing hady, the employment-related performance of the chief executive officer of any public body, a public officer, ernp}ayee ar staff` member unless t}7C' person ~v}zase performance is being reviewed and evaluated requests an open hearing. T}re standards, criter-i<~ and policy directives to be used irz ev<7lrrating chief exatutsve crf`ficers shall be adopted by t}ze overning hady in meetings open to t17e public in which there }zrrs been aplrortunity far public comment. An executive scssian far purposes of evaluating a chief executive officer or other officer, em- ployee or staff merrzber shall not int€ude a general evaluation of an agency gaa}, objec- tive ar operation or arty directive to person- ae} concerning agency gaa€s, objectives, operations ar programs. (j~ Ta carry an negotiations under 4RS chapter 293 Evith private persons or busi- nesses regarding proposed acquisition, ex- cizar7ge ar lsquidatian of public rnvestments. {21 Lobar negotiations may be conducted in execcrtivc session if either side of the negotiators rcgtrests closed meetings. Not- withstanding CCIRS 192.Bd0, subsequent ses- sions of the negotiations may continue wit}7aut further public notice. {3) Representatives of the news media s}tail be a€lowed to attend executive sessions other than those held under paragraph {d) of subsection { I t of this section relating to lobar r3egatiatlonS ar executive Se58ian held pursu- ant to C}KS 332.061 {2) but the governing bade may require that specified information subject of flit executive session be undis- closed. {r;) No executive session may be held for the purpose of toping any final action or malting any final derision. It9r3 r.172 §8; 1975 c.G6~ ~2: 197 r.fi~i~€ 5a, 1981 r3p2 §], ]9$3 r.453 §t; 19$t'i c.&5+ fi21 192.G70 Meetirr~rs by means of te~e- pltcrnic ezr- electranrc communication. {1) Any meeting, including an executive session, of a governing body of a public body which 1x193-Ir1-iC}3 A-21. _. ~ (~ ._. 192.68{? MTSCZLI~ANEOi.TS MA`I 1'ERS is held through the use of telephone ar atlrer electronic communication shall }?e conducted in accordance with ORS 192,610 to 192.690. {~} When telephone ar other electronic means of communication is used anti the meeting is not an executive session, the gov- erning body of the ~{aaublic body shall maize available to the public at least one place where the public can listen to the communi- cation at the time it occurs by means of speakers or other devices. T}7e place provided may be a place where no member of the governing body of the public body is present. } 1973 c.172 §7; 1979 c.3fi1 §l i 192.680 Enforcement of ORS 192.61{} to 192.690; effect of violation on validity of decision of governing body; liability of members. {1) A decision made by a govern- ing body of a public body in violation of ORS 192.610 to 192.690 shall be voidable. The de- cision shall not be voided if the governing body of the public body reinstates the deci- sion while in compliance with ORS 192.610 to 192.690. A decision that is reinstated is effective from the date of its initial adoption. {2} Any person affected by a decision of a governing body of a public body may com- mence a suit in the circuit court for the county in which the governing body ordinar- ily meets, for the purpose of requiring com- pliance with, or the prevention of violations of ORS 192.610 to 192.690, by members of the governing body, or to determine the applica- bility of ORS 192.610 to 192.690 to matters ar decisions of the governing body. {3} Notwithstanding subsection {1} of this section, if the court finds that the public body made a decision while in vialatian of ORS 192.610 to 192.690, the court shall void the decision of the governing body if the court finds that the violation was the result of intentional disregard of the 1a~v ar willful riiiscanduct by a quorum of the members of the governing body, unless other equitable relief is available_ The court may order such equitable relief as it deems appropriate in the circumstances. The court may order pay- ment to a successful plaintiff in a suit brought under this section of reasonable at- torney fees at trial and on appeal, by the governing body, oi- public body of which it is a part or to which it reports. {4) If the court makes a finding that a violation of ORS 192.610 to 192.690 has oc- curred under subsection t2} of this section and that the violation is the result of willful misconduct by any member or members of the governing body, that member or members shall be jointly and severally liable to the governing body or the public body of which ~t is a part for the amount paid by the body cinder subsection {3} of this section. {5} Any suit brought under subsection (2} of this section must be commenced within 60 days fallowing the date that tl~e decision be- comes public record. {6} `I'}ae provisions of this section s}gall be the exclusive remedy for an alleged violation of ORS 192.610 to 192.690. (1973 c.i72 §8; 19?5 c.fi6~ §3; 1979 c. fxt9 §fi; 1981 c.897 §~2; 1983 c.453 §2; 1989 c:.5~14 §11 192.685 Additional enforcement of al- leged violations of ©RS 192,660. (1} Not- withstanding ORS 192.680, cornpfaints of violations of ORS 192.660 alleged to have been committed by public officials ma be made to the Oregon Government Standards and Practices Commission for review and in- vestigation as provided by ORS 244.26(} and for possible imposition of civil penalties as provided by ORS 244.350. {2} The commission may interview wit- nesses, review minutes and other records and may obtain and consider any other informa- tion pertaining to executive sessions of the governing body of a public body for purposes of determining whether a violation of ORS 192.660 occurred. Information related to an executive session conducted for a purpose authorized by ORS 192.660 shall be made available to the Oregon Government Stand- ards and Practices Commission for its roves- . tigation but shall be excluded from public dlSClosEire. {3} If the commission chooses not to pur- sue a complaint of a violation brought under subsection {1} of this section at any time be- fore conclusion of a contested case hearing, the public official against whom the com- plaint was brought may be entitled to re- imbursement of reasonable costs and attorney fees by the public body to which the official's governing body has authority to make recommendations or for which the of ficial's governing body has authority to make decisions. {1993 c.743 §281 192.~i90 Exceptions to C}RS 1.92.E 1.0 to 192.69{}. {1} ORS 192.6].0 to 192.690 shall not a ply 'to the deliberations of the State .board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board, of state agencies conducting hearings on contested cases in accordance with the provisions of ORS 183.31.0 to 183.550, the review by the Workers` Compensation Board of similar hearings on contested cases, meetings of the state lawyers assistance committees, the lo- cal lawyers assistance committees in accor- dance with. the provisions of ORS 9.545, the multidisciplinary teams required to review child abuse and neglect fatalities in accor- dance with the provisions of ORS 418.74?, the peer review committees in accordance with the provisions of ORS 441.055 and me- diation conducted under sections 2 to 10> 993-1 ~-104 A-22 -~ ~ ~ RECOF-t.DS, It.EI~'O1T'1'S ANTI ItrfETi:"T`TNCxS chapter 967, C)regon Z.aws 1989, or to Gray judicial proceeding. (23 F3ecause of the grave risk to pul>]ic health and safety that would be posed by misappropriation or misapplication of infor- matian considered during such review and approval, ORS 192.610 to 192.690 shall not apply to review and approval of security programs by the Energy Facility Siting Council pursuant to ORS 469.534. 11g?a C.1?2 §9; 1975 c.606 §~I l b; 19"r7 c.380 § 19; 1981 c.35~ §3; ] 983 c.61'7 §~; 1987 c.850 §3; 1989 c.6 §18; 1989 c.967 §12; 1991 c.451 ~3; 1993 c.318 §3l Note: `#`he amendments to 192.694 by section 14, chapter 967, Oregon Laws 1989, and by sectaan 33. chapter 18, and section 9, chapter 318, Oregon maws 1993, take effect June 34, 1995. See secUOn 17, chapter 967, Oregon Laws 1989. The text that rs efrective on and after June 30, 1995, is set forth for the user's canven- rencc. ]92.694. tl}ORS 192.6]4 to 192.690 shall root apple t.a the deliberations of the State F3oard oC Parole and Post-Prison Supervision, the Psychiatric Sccunty Re- view' F3oard, aC state agencies conducting hearings ara contested cases in accordance with the provisions aC ORS 183.310 to 183.5x0, the review by the tVarkcrs' Cornpensatron 13aard oC similar hearings on contested cases, meetings oC the state lawyers assrstance commrt~ tees, the local la~vvers assrstance cammattees rn accor- dance with the provisions of ORS 9.55. the multidiscrpiinary teams required to review child abuse and neglect fatalities in accordance with the provisions oC ORS ~t8.74?, and the peer review committees in ac- cordance with the provisions oC OFtS X41.455 ar to anv judicial proceeding. {2} [lecause of the grave risk to publac health :and safety that would be posed by misappropriation or mrs- applicatian of rnforrnation considered during such re- view and approvat, ORS 192.614 to 192.G94 shaft not apply to review and approval of security programs by the Energy Facility Siting Council pursuant to ORS 469.534. 192.695 Prima facie evidence of via- lation required of plaintiff. Tn any suit commenced under ORS 192.68{} {2}, the plaintiff shall be required to present prima facie evidence of a violation al' ORS 192.61(3 to 192.690 before the governing body shall be required to prove that its acts in deliberating toward a clecisian complied with the law. When .a plaintiff presents prima facie evi- dence of a violation of the open meetings law, the burden to prove that the provisions of ORS 192.610 to 192.690 were complied with shall be on the governing body. 11981 c892 ~9?d. 1989 c.544 §31 Note: 192.695 was enacted into ]aw by the Legisiar- tive Assembly Eaut vas not added to or made a part of ORS 192.614 to 192.99(} by legislative action. See Preface to Oregari Revised Statutes for furihcr explanation 192.X0 Smoking in public meetings prohibited. (1} Na person shall smoke or carry any lighted smoking instrument in a room where a public meeting is being held or is to continue after a recess. It or purposes of this subsection, a public meeting is being held from the time the agenda ar meeting 192.6{}5 rlatic:e indicates floe meetir3g is to commence regardless af' the time it actually comrnt:ncc:s. {2} As used in this section. (a} "Public meeting„ means any regular ar special public meeting or hearing of a ptablic baciy to exercise ar advise ir] the ex- orcise of any power of government in buildings ar roams rented, leased or owned by the State raf Oregon or by any county, city or ether political subdivisiozl in the state re- gardless of whether a t}uarurn is }resent ar is required. (b} "f'ttblic body„ means the state or arty department, agency, board ar carnmission of the state or any county, city or other poli- tical silbtlivision in the state. (c} "Smoking instrument" rrieans any ci- gar, cigarette, pipe or other smoking equip- rnent. I1973 c.168 §1; 1979 c.262 §ll 1993- 14-105 ~-23 ~ ~ ... Go~ERN~~fENT ~TAA~~.}~s ANZ`? I>RACTICr~ 244.020 GENERALLY 244.0}0 Pr~lic~=. t 1 } "}'he }.,ogislative As- sembly hereby declares tf~at a public office is a prrblrC trust, and tlxat as one safeguard far that trust. the people require a}1 pubhe offi- Cr<rls to adhere to the cads of ethics set Earth rn ORS 244 040 t2a T}7e 1legrsl<~ttve Assembly recognizes that ~t rs tl7c~ I~ahCL- of the state to have serv,rtp, «n many state and loco) boards and cnmr~7rssrons state ar7d local officials w}ta n~~31~ hFtve l~atentially Car~flicting public re- s#~nnsrl>tl3tx~4 Icy virtue of their- positions as public affrcials and ~rlsa as members of the bas3r~ds ;~r7d eamrnissians, and declares it to he the palrCy of the state that the holding of s~x-h offices does not Constrtute the holding s}( ~ircar~~patrble offices unless expressly stated in the enabling legrslatian. t3l ; fatl~rng rr7 thrs chapter is intended to ~~ ffeC t ta} Any other statute requiring disclosure of c'Car7omrc interest 6y any public official or I~ubliC employee. tb} Any statute pr'ahihrting or authorizing specrfrC conduct an the part of any public affiCral ar pu#~IiC employee. 11974 s.s. c.72:§~, 1s,. I~J81 C 76f 4;1 ?,t<I.020 I}efinitions_ As used in this cl~apte,-. unless the cant.ett requires ather- =ise. ! I'~ ":'~Cturrl CanlliCt of interest" means arty .rctiarr ni- any decision ar recommenda- tiaiti l~r a persr}ia aCCing in a capacity as a pul~liC official, the effect of which would be to tl~c 1)rivate pecuniary benefit or detriment of the person ar t}7e person's relative or any l~usii~css .title ~c~}aiC}i the person ar a relative of the persai3 is associated un}ess the 1)cCtini,rr}= beirefit ai- detriment arises out of circirrr~stai'ices described in subsection t$}ta} to {C) of this section. {2} "Business" means any corporation, partnership, proprietorship, firm, enterprise, franeliise„ assaeiatian, organization, self- employed individual and any other lega} en- tity operated far economic gain but excluding any income-producing not-for-profit corpo- ration that is tax exempt under section 501(c} of the Internal Revenue Cade with which a public official is associated in a i7onremunerative capacity. t3} "Business with which the person is associated" means any lousiness of which the person or the person's relative is a director, officer, owner ar employee, ar agent ar any corporation in which the person ar the per- son's relative owns or has owned stack worth x],000 ar more at any point in the preceding calendar year. t4} "Commission" means t}-re C)regan C;avernment Standards and Practices Com- mission {~} "~evc~laprrrent Commission" means any entity which has the authority to purchase, develop, improve ar lease land ar the au- thority to operate ar direct t}~e rzse of land. `}'his autharrty must be mare than rnirristerial. {g} "Expenditure" has the meaning given that term in {SRS 260.005. (7} "Potential Conflict of interest" means any action ar any decision or reCamrnenda- tian by a person acting in a capacity as a public official, the effect afwhich eau}d be to the private pecuniary benefit ar detriment of the person ar the person's relative, ar a business with ~~~hieh the person or the per- son`s relative is associated, unless the pecuniary benefit ar detriment arises out of the falla~ving: {a) An interest ar membership in a par- ticular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of tt~e office ar position. {b} Any action in the person's official ca- pacity which would affect to the same degree a Class consisting of all inhabitants of the state, or a smaller class consisting of an in- dustry, occupation ar other group including one of which or in which the person, or the person's relative ar business with which the person or the person's relative is associated, is a member ar is engaged. The commission may by rule limit the minimum size of or otherwise establish criteria far ar identify the smaller Classes that qualify under this exception. {C} Membership in ar membership an the board of directors of a nonprofit corporation that is tax-exempt under section 501{c) of the Internal revenue Cade. (g} "Gift" means something of economic value given to a public official ar the public official's relative without valuable consider- ation of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or the relatives of public officials an the same terms and conditions; and some- thing of economic value given to a public of ficial ar the ublic afficia~'s relative far valuable cansi~eratian less than that re- quired Pram others who are not public offi- cials. However, "gift" does not mean: {a} Campaign contributions, as described in 411.5 Chapter 25t). fb} Gifts from family members. (c} The giving or receiving of food, Cadg- ing and travel when participating in an event 193-22-[~}5 A-- 2~1 .---~ ~ --. `L44.Q~30 PUT3LTC C)T~FTCET~.S ANT) EMF'I-,OYTE~ w}aic}J boa}•s a relationship to the pul.Jlic offi- cizrl`s office and u=}zee appearimg in ~}n oChci~zl eapacit~=, subject to the r•epartirz}; requirE~- rzzerzt of ORS Z4~.06{3 t6>. td} The riving ar- receiving aC faacl ar beverage iC the food or beverage is cansurrred by the public official or the public official`s ~'elatives in the presence c>C t}7e purchaser ar prcn~rder t}zereaf. #e] The grt•rng ar r'eceiving of antertain- ment if the entertalrzment is experienced by the public official ar t}ze public official's r-el- atives in the presence oC the purchaser or' provider thererJf and the value of the erztertalrzmerzt does not etceed ;1;144 per per- san on ~~ singla accasiorr and is not greater than S25Q In an}I one calendar year. (9 j "}~lorrol•aria" means a payment ar sonnet}zing of economic value given to a pub- lic official rn exchange for services upon which custom or propriety prevents the sat- trng of ~~ price. Serv~ites include, but are not limited to, speeches or' of}zar services r-en- clerecl in connection ~vitlz an avant at whir}z the public official appears in an official ca- 17~1C1t~'. [1Qt "}rzcanza means rncome of anv na- tur-e darrt•ed from anv source, including, but eat limited ta. any salary, wage, advance, payment. dividend. interest, rant, honoraria, return of capital, forgiveness of indebtedness, ar ~~rnti~thing of ecanonzic value. {~ 1 } •°f,agrs3ative ar administrative inter- est" means an economic interest, distinct Claraz that of t}ze general public, in ono or rJZOra bil}s. resalutrorzs, regulations, proposals ar other matters subject to the aetiom or• vote of a person acting it the capacity of a public official. tT22 "Legrslatr~,e official" means any rtzertzber or• member-elect of the Legislative A~senzbly, an}= member c>f an agency, board tzr cammzittee that is part of the legislative branch and any staff person, assistant or erzzplovee thereof. ~t'13) "Member of household" means. any ralative tivllo resides with the public officio}. t,14}. "Planning commission" means a eaunty p}arming commission created under ORS chapter 225 ar a city planning commis- sion created rrmder OftS chaptar 227. {15} "Public official" meats any person +vho, ~vhem an allagad violation of this chap- ter occurs, is serving the State of Oragan or an of its political subdivisions or any other pub}ic body of tha state as ar officer, am- ployee, agent or athertvise, and irrespective of ulhether the person is campemsated far sue}z services. {lea) "Relative" means the spousa of the public official, any childrem of the public of- ficial ar' rrC the public official's spausa, =rrzd brothers, srsters al- parents of t}ze prr}>lic EJf- ficial or of t}ze IJU}>lic official's sparrsa. {17} "Statetivicle official" means tha Sec- retary of State or Secretary of State-elect, State Treasurer or- State Treasurer-elect, Srr- perirterrdemt oC Public frzstruction or Super-- inl.enderzt Erf Ptlb}ic lmstruction-elect, 1lttorney General or Attnrney General-alert and the C~ammissioner of the Bureau of l~a- bar and lrzdustriE=s or t}za Cornmissiorzer-alec:t oC the Ptrreau of C=abar aml lmdustries. {ig} "`Caning commission" means an en- tity to which is delegated at least some of the discretionary authority of a planning commission ar goverrzirzg -body relating to zoning and land use matters'. fig?d s.s. c72 j2, 1975 c.543 §]; ]9°r i c_S8fi 52, 1979 e.666 y5; 1987 c.Sfi6 s$; 1989 c.344 ~8; 1991 c.73 yl; 1992 c.7`70 y5; 2993 c743 X81 244.044 Code of ethics; prohibited actions; honoraria. The following actions are prohibited regardless of whether actual corf]icts of interest ar potential conflicts aC interest are announced or- disclosad pursuant to ORS 244.124: {1,}{a} I~ro public off`rcia} shall use or at- tempt to use official position ar office to ob- tain financial gain or avoidance of financial detriment that would not otherwise be avail- ab}e but for the public official`s holding of the official pasitiom or office, of}zer than of- ficial salary, honoraria, except as prohibited in paragraphs {b) and {c} of this subsection, reimbursement of expenses or an unsolic'sted award for professional achievement for the public official or the public official's relative, or for any business with which the public official or a relative of the public affieial is associated. {3} No public official shall so}ieit ar re- ceive, either directly or indirectly, and no person shall offer ar give to any public offi- cio} any pledge or promrse of future employ- ment, based an any understanding that such public official's vote, official action ar judg- ment would be in€luanced thereby. {4} Na public official shall attempt to further or further the personal gain of the public official through tha use of confidential information gained in the course of or by reason of the official pasitian or activities of the public official in any way. r~~~-zz-Ir3b ~1- 25 .~~~_ T3.LPflF{.'I`T~G 244,054 Persons ret~uired to file state- ment of economic interest; duty ofLeg- islative Assembly. {1} Qn or before April S5 of each year the fo}lowing persons shall file with t1~e {~s~egon Government Standards and Practices Commission a veriCed statement of econarr~ic interest as rec}uired under this chapter: (i} IJvery elected city or county afficiat except elected officials in those cities or counties where a majority of votes cast in the subject cit or county in any election on the issue of fling statements of economic interest under this chapter was in opposition. (j} Every member of a city or county planning, xonxng or development commission except such members in those cities or counties where a majority of votes cast in the subject city or county at any election on the issue of filing statements of econorx-ic interest under this chapter was in opposition to the ballot measure provided for in section 1Q, chapter 68, Qregon Laws 1974 (special session}. 244.135 Method of handling conflicts by planning commission members. (1} A member of a city ar county planning com- mission shall not participate in any commis- sion proceeding or action in which any of the Following has a direct ar substantial financial interest: {al Tl~e member or the s Dose, brattier, sister, child, parent, father-in-law, mother-in- law of the member; {b} Any business in which the member is then serving ar has served within ttie previ- ous two years; ar {c} Any business with which ttie member is negotiating for or has an arrangement or understanding concerning prospective part- nership or employment. {~} Any actual or potential interest shall be disclosed at the meeting of the commis- sion where the action is being taken. [Formerly 215.(}35 and 227.(}351 A-26 --~ ~ ~ ---