A.

Action on Type III reviews. The city council shall hear all Type III actions, and Type I or II actions upon appeal, or referral by the administrator, pursuant to subsection 3.202. The city council action on such requests shall be the final action by the city. (2/01)

B.

Appeals. The city council shall hear appeals of all hearings officer or planning commission actions conducted pursuant to section 3.205. The appeal hearing shall be conducted in a manner consistent with section 3.207. The action of the hearings officer or planning commission shall be final and the council shall not hear the appeal if the appeal period has lapsed. (2/01)

C.

Time limit. All hearings or reviews required by the city council shall be heard within 30 days of the hearing officer's or planning commission's written decision or appeal request. In no instance, however, shall this period extend the date of the hearing and final action beyond 120 days from the date of the initial submission of a complete application, unless voluntarily agreed to by the applicant. (5/98)

D.

Final decision. The decision shall be made by the city council and written findings prepared listing findings for approval or denial, and any conditions of approval, within two weeks of the hearing by the city council. In no case, however, shall this decision and the preparation of written findings extend beyond 120 days from the date of initial submittal of a complete application, unless voluntarily agreed to by the applicant. (5/98)

A.

Rules of procedure. Actions on quasi-judicial issues shall conducted at public hearings pursuant to the city council's adopted rules of procedure. The city council shall allow the opportunity for all parties to be heard and may accept new evidence, to be considered a de novo hearing. (2/01)

B.

Appeals. Decisions of the city council may be appealed to the State Land Use Board of Appeals (LUBA), subject to the provisions in ORS 197.805-855. (5/98)

A.

City council hearing procedures. The council shall conduct the hearing according to the following provisions: (2/01)

1.

Evidence. (2/01)

a.

Exclusion. All evidence offered and not objected to may be received unless excluded by the hearings officer or planning commission on its own motion. Evidence may be received, subject to a later ruling as to its admissibility. (2/01)

b.

Testimony. The hearings officer or planning commission may exclude irrelevant, unduly repetitious, immaterial or cumulative evidence; but erroneous admission of evidence by the officer or commission shall not preclude action or cause reversal on appeal unless shown to have substantially prejudiced the rights of a party. Any part of the evidence may be received in written, video or form. (2/01)

c.

Public record. All evidence shall be offered and made a part of the public record in the case. (2/01)

d.

Testimony and rebuttal. All interested persons shall be allowed to testify. Every party is entitled to an opportunity to be heard and to present and rebut evidence. (2/01)

2.

Record of hearing. A verbatim record of the proceeding shall be made by written, mechanical or electronic means, which record need not be transcribed except upon review of the record. (2/01)

3.

Limits on oral testimony. The hearings officer and planning commission chairman may set consistent, reasonable time limits for oral presentations to the end that parties are encouraged to submit as much evidence as possible in writing prior to the hearing. (2/01)

4.

Exhibits. All exhibits received shall be marked so as to provide identification upon review. The city shall retain such exhibits. (2/01)

B.

City council action. The city council may affirm, rescind or amend the action of the hearings officer or planning commission and may grant approval, subject to conditions necessary to carry out the comprehensive plan and as provided for in subsection 3.202. The city council may also remand the matter back to the hearings officer or planning commission for additional information, subject to the agreement of the applicant to extend the 120-day review period. (2/01)