The purpose of this chapter is to establish procedures applicable to this code for the consideration of legislative changes to the provisions of the Comprehensive Plan, implementing ordinances and maps. The procedures of this chapter are not required for adopting or amending Comprehensive Plan supporting documents which are not provisions of the plan. Plans that are supporting documents shall be adopted pursuant to the procedures set forth in Chapter 100 CDC. (Ord. 1434, 1999)

A.    Comprehensive Plan, CDC and zoning map amendments to be prepared and processed in a given year shall be listed on a docket established consistent with this section.

1.    Proposing amendments and projects. Anyone may request a Comprehensive Plan, CDC or zoning map amendment or a related project on a form submitted to the Community Development Department.

2.    Planning Commission review. Each year, staff shall present the proposed project list to the Planning Commission to give them the opportunity to review the proposed projects, add projects of interest, and to prioritize the proposed projects within their purview.

3.    City Council review and action. The City Council shall set the docket each year after considering the proposed project list.

B.    Exception. The City Council may initiate Comprehensive Plan, CDC and zoning map amendments outside of the docketing process. (Ord. 1474, 2001; Ord. 1613 § 22, 2013; Ord. 1621 § 25, 2014)

A.    Purpose. The purpose of a legislative working group is to provide a forum to discuss different points of view on a proposed land use legislative change.

B.    Creation of working group. New and modified land use legislative changes to this code will be developed by a representative working group of citizens and assisted by planning staff, unless the City Council determines that a working group is not necessary.

1.    After receiving direction from the City Council, the Committee for Citizen Involvement shall recommend a purpose, goals, and a list of appointees for each proposed working group to the City Council for approval.

2.    The working group will contain interested stakeholders, a member of the Planning Commission, and a staff representative.

3.    The working group shall comply with WLMC 2.060 regarding the selection of officers and the other generally applicable citizen advisory group provisions.

C.    Conduct of working group meetings.

1.    Staff will prepare a suggested draft of the proposed changes. This draft will provide a starting point for discussion and education.

2.    The working group will use the draft as a starting point for discussion, but then reconcile the implications of the draft with the goals established by the Council for the working group.

3.    After each working group meeting staff will incorporate approved changes and prepare an updated working draft.

4.    All working group meetings will be public meetings with an opportunity for anyone in attendance to provide public comment. The meetings and minutes will be conducted in accordance with the Council Rules, West Linn Municipal Code, City Charter, and State law.

5.    In the event a consensus cannot be reached on an issue, the working group will prepare alternatives. Each alternative and its rationale will be presented to the Planning Commission.

6.    Prior to submission to the Planning Commission, proposed code changes will be submitted to the City Attorney for review. The review should be limited to the identification of areas where the proposed language conflicts with other parts of this code, State law or Federal law. As an alternative, legal counsel may attend and advise during the creation of the draft.

D.    Presentation to the Planning Commission. When the working group reaches consensus that the code changes are ready, the proposed code changes will be presented by the Director to the Planning Commission pursuant to CDC 98.040(A)(2). If the working group fails to reach a consensus on the code changes, all proposals will be presented to the Planning Commission. Pursuant to CDC 98.110(A), the Planning Commission shall recommend approval, denial, or approval with modifications to the Council. (Ord. 1655 § 8, 2016)

A.    The Director shall:

1.    If appropriate, or if directed by the City Council or Planning Commission in their motion, consolidate several legislative proposals into a single file for consideration;

2.    Upon the initiation of a legislative change, pursuant to this chapter:

a.    Give notice of the Planning Commission hearing as provided by CDC 98.070 and 98.080;

b.    Prepare a staff report that shall include:

1)    The facts found relevant to the proposal and found by the Director to be true;

2)    The Statewide planning goals and rules adopted under Chapter 197 ORS found to be applicable and the reasons why any other goal or rule is not applicable to the proposal except that goals 16 through 19 which are not applicable to the City of West Linn need not be addressed;

3)    Any federal or State statutes or rules the Director found applicable;

4)    Metro plans and rules the Director found to be applicable;

5)    Those portions of the Comprehensive Plan found to be applicable, and if any portion of the plan appears to be reasonably related to the proposals and is     not applied, the Director shall explain the reasons why such portions are not applicable;

6)    Those portions of the implementing ordinances relevant to the proposal, and if the provisions are not considered, the Director shall explain the reasons why such portions of the ordinances were not considered; and

7)    An analysis relating the facts found to be true by the Director to the applicable criteria and a statement of the alternatives; a recommendation for approval, denial, or approval with modifications; and at the Director’s option, an alternative recommendation;

c.    Make the staff report and all case file materials available 10 days prior to the scheduled date of the public hearing under CDC 98.070;

d.    Cause a public hearing to be held pursuant to CDC 98.070;

3.    Administer the hearings process;

4.    Transmit the record to the Council for hearing; and

a.    Give notice of the Council hearing as provided by CDC 98.070 and 98.080; and

b.    Prepare a report which shall include at a minimum the following:

1)    A copy of the staff report submitted to the Planning Commission;

2)    A copy of the minutes of the Planning Commission hearing;

c.    Make a report to the Council; and

d.    Administer the hearings process;

5.    Maintain and preserve the file for each proposal. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given pursuant to CDC 98.070 and the accompanying affidavits, the proposal and all supporting information, the staff reports, the final adopted document, all correspondence, the minutes of any meetings at which the proposal was considered and any other exhibits, information or documentation which was considered with respect to the proposal. (Ord. 1474, 2001; Ord. 1590 § 1, 2009)

A.    The Director shall make a recommendation to the Planning Commission on the proposal; however, in addition, the Director may recommend an alternative or alternatives.

B.    Where the alternative recommendation involves a different plan designation, or a different zone designation than is the subject of the proposal, such alternative recommendation shall be considered only if:

1.    Notice of such an alternative is given as part of the hearing notice in addition to matters contained in CDC 98.080; and

2.    The staff report prepared as provided by CDC 98.040(A)(2) supports the alternative recommendation.

C.    As a result of the public hearing on the proposed change, the Planning Commission may on its own motion recommend to the Council an alternative recommendation; however, in addition, the Commission must take action on the specific proposal before it. (Ord. 1474, 2001)

A.    In the event there is a proposal for a legislative change to the plan and a proposal for a legislative change to an implementing ordinance, both of which involve either the same geographic area or the same subject matter, the hearings may be consolidated; however

1.    The decision on the proposed plan change shall precede the decision on the proposed change to the implementation ordinances;

2.    Separate action shall be taken on each proposal; and

3.    The change to the implementing ordinance shall implement the change to the plan. (Ord. 1474, 2001)

A.    The Planning Commission shall hold at least one public hearing;

B.    The City Council shall hold at least one public hearing;

C.    Legislative notice, where there is a proposal to amend the Comprehensive Plan or to amend or to adopt new land use regulations of this development code, shall be effected as follows:

1.    At least 10 days prior to the scheduled hearing date notice shall be sent to:

a.    Any affected governmental agency, including the Oregon Department of Transportation, Metro, and Tri-Met.

b.    Affected recognized neighborhood associations or citizens advisory committees; and

c.    Any person who requests such notification in writing.

2.    At least 10 days prior to the hearing or meeting date, notice shall be given in a newspaper of general circulation in the City. An affidavit of publication shall be made part of the administrative record.

3.    At least 10 days but no more than 40 days prior to hearing of a proposed zone change for manufactured home parks, notice shall be given to the respective manufactured home park residents.

4.    Notice shall be forwarded to the Director of the Department of Land Conservation and Development (DLCD) in a format and at a time required by Oregon Revised Statutes and Oregon Administrative Rules governing such notification.

5.    If the Planning Director determines that the proposed change requires notice pursuant to ORS 227.186, the Planning Director shall provide such notice. The Planning Commission shall review the determination of the Planning Director and shall order additional notice as appropriate.

6.    The City should make reasonable efforts to post notice of the proposal on the City’s website at least 20 days prior to the hearing or meeting. Failure to comply with this section is not a procedural defect entitling any party to a delay in the hearing process.

D.    The Director shall:

1.    For each mailing of notice cause an affidavit of mailing of notice to be filed and made a part of the record as provided by CDC 98.150; and

2.    For each published notice cause an affidavit of publication to be filed and made a part of the record as provided by CDC 98.150. (Ord. 1287, 1990; Ord. 1354, 1994; Ord. 1425, 1998; Ord. 1474, 2001)

A.    Where either the Planning Commission or the Council or both intend to hold more than one public hearing on the same proposal, notice of the several public hearings before the Commission may be given in one notice in the manner provided under CDC 98.070(C) and this section, and notice of the several public hearings before the Council may be given in one notice in the manner provided under CDC 98.070(C).

B.    The notice given to persons entitled to mailed or published notice pursuant to this section shall include the following information:

1.    The number and title of the file containing the proposal and the address and phone number of the Director’s office where additional information can be obtained;

2.    A description of the location of the proposal reasonably calculated to give notice as to the location of the affected geographic area, if any;

3.    A description of the substance of the proposal in sufficient detail for people to determine that a change is contemplated and the place where all relevant materials and information may be obtained or reviewed; and

4.    The time(s), place(s), and date(s) of the public hearing(s), a statement that public oral or written testimony is invited, and persons and other entities must establish standing by submittal of oral or written testimony to retain the right to appeal, and a statement that the hearing will be held under this chapter and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in CDC 98.120.

C.    The failure of a person entitled to notice under CDC 98.070(C)(1) and (3) to receive notice shall not invalidate the action provided a good faith attempt was made to notify all persons entitled to notice.

D.    Personal notice is deemed given when the notice is deposited with the United States Postal Service.

E.    Published notice is deemed given on the date it is published.

F.    In computing the length of time that notice was given, the first date notice is given shall be excluded and the day of the hearing shall be included. (Ord. 1474, 2001; Ord. 1604 § 67, 2011)

The Planning Commission or the Council may continue any hearing and no additional notice shall be given of a continued hearing if the matter is continued to a place, date, and time certain.

A.    The recommendation of the Planning Commission and the decision by the City Council shall be based on consideration of the following factors:

1.    The Statewide planning goals and rules adopted under Chapter 197 ORS and other applicable State statutes;

2.    Any federal or State statutes or rules found applicable;

3.    Applicable plans and rules adopted by the Metropolitan Service District;

4.    The applicable Comprehensive Plan policies and map; and

5.    The applicable provisions of the implementing ordinances.

B.    Consideration may also be given to:

1.    A mistake or inconsistency in the Comprehensive Plan or implementing ordinance as it relates to the property which is the subject of the proposal; and

2.    Factual oral testimony or written statements from the parties, other persons and other governmental agencies relevant to the existing conditions or factors in subsection A or (B)(1) of this section. (Ord. 1226, 1988; Ord. 1474, 2001)

A.    The Planning Commission shall, after notice and a public hearing, formulate a recommendation to the Council to approve, to deny, or to approve with modifications.

B.    Any member of the Commission who voted in opposition to a recommendation by the Commission on a proposed change may file a written statement of opposition with the Director prior to any Council hearing on the proposed change, and the Director shall transmit a copy to each member of the Council and place a copy in the record.

C.    If the Commission fails to recommend approval or denial or approval with modifications of the proposed legislative change within 60 days of its first hearing on the proposed change, the Director shall report the failure, together with the proposed change to the Council. The Council may then choose to either refer the proposed change back to the Planning Commission with specific instructions, or may direct the Planning Director to place the proposed change on the Council agenda and cause notice to be given, hold a public hearing, and make a decision on the proposed change.

D.    The Council shall:

1.    Have the sole authority to approve, deny, or approve with modifications a proposal for a legislative change or to remand to the Commission for rehearing and reconsideration all or part of a proposal transmitted to it under this chapter;

2.    Consider the recommendation of the Planning Commission; however, it is not bound by the Commission’s recommendation; and

3.    Act by ordinance, which shall be signed by the Mayor within 10 days after the Council’s adoption of the ordinance.

4.    If the Council determines that the proposed amendments being considered for adoption include issues not raised before the Planning Commission during its deliberations, the Council shall remand the legislative change back to the Planning Commission for its review and recommendation regarding the new issues.

5.    When making a determination pursuant to subsection (D)(4) of this section, the Council shall deem an issue not to have been raised only if an issue bears no reasonable relation to the proposed amendments previously considered by the Commission. Furthermore, for the purposes of subsection (D)(4) of this section, when an entire code chapter is being considered for amendment, all issues contained in that chapter shall be considered to have been raised by the Commission in its deliberations. (Ord. 1474, 2001; Ord. 1590 § 1, 2009)

A.    Unless otherwise provided in the rules of procedure adopted by the Council:

1.    The presiding officer of the Commission and of the Council shall have the authority to:

a.    Regulate the course, sequence and decorum of the hearing;

b.    Dispose of procedural requirements or similar matters; and

c.    Impose reasonable time limits for oral presentations.

2.    No person shall address the Commission or the Council without:

a.    Receiving recognition from the presiding officer; and

b.    Stating their full name and residence address.

3.    Disruptive conduct such as audience demonstrations in the form of applause, cheering, or display of signs shall be cause for expulsion of a person or persons from the hearing, termination or continuation of the hearing, or other appropriate action determined by the presiding officer.

B.    Unless otherwise provided in the rules of procedure adopted by the Council, the presiding officer of the Commission and of the Council shall conduct the hearing as follows:

1.    The hearing shall be opened by a statement from the presiding officer setting forth the nature of the matter before the body, a general summary of the procedures set forth in this section, a summary of the standards set forth in CDC 98.100 and whether the decision which will be made is a recommendation to the Council or whether it will be the final decision of the Council.

2.    A presentation by the Director or staff that explains the request, shows the location and site plan, explains existing conditions, and discusses the applicable approval criteria.

3.    If a neighborhood association has initiated the proposed change, then the association shall make its presentation.

4.    The Director or staff will present the staff report with particular emphasis upon major issues and issues raised by the public at the hearing, and recommendations.

5.    The public will be invited to provide oral testimony in support of, in opposition to, or neutral to the proposal.

6.    If a neighborhood association has initiated the proposed change, then the association has the opportunity for a rebuttal of earlier testimony and a closing presentation.

7.    The hearing may be continued or it may be closed.

8.    The decision-making body’s deliberation may include questions to the staff or comments from the staff.

9.    A decision is made to approve or deny the proposal, or to approve with modifications. (Ord. 1474, 2001)

A.    An affirmative vote by a majority of the voting members present of the Commission shall be required for a recommendation for the approval or approval with modifications. Any other result shall be considered a recommendation to the City Council to deny the proposal.

B.    An affirmative vote by a majority of the qualified members of the Council present shall be required to decide any motion made with respect to the proposed change. (Ord. 1474, 2001; Ord. 1604 § 68, 2011)

A.    The approved legislative change shall take effect on the thirtieth day after its enactment unless it is declared to be an emergency, in which case the ordinance shall take effect immediately.

B.    Notice shall be forwarded to the Department of Land Conservation and Development (DLCD) if required by Oregon Revised Statutes and Oregon Administrative Rules governing such notification.

C.    Not later than five working days after the final decision, the Planning Director shall mail or otherwise submit notice to persons who:

1.    Participated in the proceedings leading to the adoption of the amendment to the Comprehensive Plan or land use regulation, or the new land use regulation; and

2.    Requested of the Planning Director in writing that they be given such notice.

D.    The notice required by this subsection shall:

1.    Describe briefly the action taken by the City;

2.    State the date of the decision;

3.    List the place where, and the time when, the amendment to the acknowledged Comprehensive Plan or land use regulation, or the new land use regulation, and findings, may be reviewed;

4.    Explain the requirements for appealing the action of the City under ORS 197.830 to 197.845. (Ord. 1354, 1994; Ord. 1474, 2001; Ord. 1604 § 69, 2011)

A.    A verbatim record of the proceeding shall be made by stenographic or mechanical means. It shall not be necessary to transcribe testimony.

The minutes and other evidence presented as a part of the hearing shall be part of the record.

B.    All exhibits received and displayed shall be marked so as to provide identification and shall be part of the record.

C.    The official record shall include:

1.    All material considered by the hearing body;

2.    All materials submitted by the Planning Director to the hearings body with respect to the proposal;

3.    The verbatim record made by stenographic or mechanical means, the minutes of the hearing and other documents considered;

4.    The final ordinance;

5.    All correspondence; and

6.    A copy of the notice which was given as provided by CDC 98.070, accompanying affidavits, and list of persons who were sent mailed notices. (Ord. 1474, 2001)

If any proposal has been made and denied in accordance with the provisions set forth in this chapter or by action of the Land Use Board of Appeal, the Land Conservation and Development Commission or the courts, no new proposal for the same or substantially similar change shall be accepted within one year from the date of the final action denying the proposal except the Council may reinitiate a proposal upon a finding that there has been a substantial change in the facts surrounding the proposal which would support the reconsideration. (Ord. 1474, 2001)