17.09.050 Legislative actions.
A. The Planning Commission, and where appropriate, the Historic Landmarks Review Board, review all requests processed as legislative actions and make a recommendation to Council to approve, approve with conditions, or deny the request. The Council makes the final decision per the provisions of this section. Legislative actions may be appealed to LUBA, subject to ORS 197.830.
B. Decision Types. Legislative actions are land use decisions that are broad in scope. Legislative actions include, but are not limited to, the following:
1. Legislative Zone Changes
2. Legislative Ordinance Amendments
3. Legislative Comprehensive Plan Map Amendments
4. Legislative Amendments to the Comprehensive Plan
5. Urban Growth Boundary Amendments
C. Public Hearings.
1. The Planning Commission and/or Landmarks Review Board shall hold at least one (1) legislative public hearing to review legislative actions and make a recommendation to the Council to approve, approve with conditions, or deny.
2. The City Council shall hold a legislative hearing on legislative actions within thirty (30) days of the date it receives the Planning Commission’s recommendation.
D. Notice of Hearing.
1. At least twenty (20) days before the first legislative hearing before the Council, notice of the hearing shall be published in a newspaper of general circulation.
2. The notice shall:
a. Explain the application and the proposed amendment(s), change(s), or use(s) which could be authorized;
b. List the applicable Ordinance standards and/or criteria, Comprehensive Plan Policies, Oregon Planning Goals and Guidelines, Oregon Administrative Rules, and Oregon Revised Statues that apply to the particular application;
c. Set forth the geographical reference to the subject area;
d. State that in order to preserve any potential appeal rights to LUBA, persons must participate either orally or in writing in the legislative action proceeding in question; and
e. Include the name and telephone number of the planning staff to contact for additional information.
f. Include the hearing dates for the Planning Commission, Landmarks Review Board, and City Council hearings.
E. Additional Notice.
1. Written notice shall be provided to property owners when required by ORS 227.186.
2. Written notice shall be provided to the Department of Land Conservation and Development as required by ORS 197.610. For subject sites located adjacent to a state roadway or where proposals may have an impact on a state facility, notice of the application shall be sent to ODOT.
F. When a hearing body holds more than one (1) hearing or continues the hearing, additional notice will be made as follows:
a. To a specific time and place. If notice of a subsequent hearing is made at a public hearing on the same legislative matter and the specific time and place of the subsequent hearing is stated, then no additional notice is required.
b. Undetermined time and place. If a subsequent hearing has not been scheduled at the time of a previous hearing, as provided in subsection (a) above, then notice of the subsequent hearing must be mailed to all persons who responded to the matter in writing, testified at the previous hearing, or have requested notice. The notice should, but need not, be mailed at least twenty (20) days before the hearing.
G. Decision on Legislative Actions. The Council’s decision shall be by ordinance. The decision shall be based upon and accompanied by a brief statement that includes
1. An explanation of the criteria, standards, policies, and laws considered relevant to the decision;
2. A statement of basic facts relied upon in rendering the decision; and
3. Ultimate facts that explain and justify the reason for the decision based on the criteria, standards, policies, laws, and basic facts set forth.
H. Final Decision and Effective Date. The Council’s decision on legislative actions is the final decision. The date a decision on legislative actions becomes final is the day thirty (30) days after the date the ordinance is adopted by the Council, unless the decision is adopted as an emergency ordinance, in which case the decision is final on the date specified in the ordinance. If the action is not approved, the date the decision becomes final is upon mailing of the notice of decision to the parties of record.
I. Notice of Decision. Decision notice shall be mailed to all participating parties and DLCD within five (5) working days of the date the ordinance is adopted by the Council and signed by the Mayor or, in the case no ordinance is adopted, within five (5) working days of the date of the Council’s action. The decision notice shall include the following:
1. The date of decision
2. A brief description of the action taken
3. The place where, and time when, the decision may be read
4. An explanation of appeal rights and requirements
5. Date the decision is final
J. Appeal. The Council’s decisions on legislative actions may be appealed to LUBA, in accordance with the appeal procedures of ORS Chapter 197, within twenty-one (21) days of the date the decision became final.