The purpose of this chapter is to set forth the standards and procedures for legislative amendments to this code and to the map and for the quasi-judicial changes to the map as provided by the code chapters setting forth the procedures and by the Comprehensive Plan. Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes or to address changes in the law.

Legislative amendments to this code and to the map shall be in accordance with the procedures and standards set forth in Chapter 98 CDC.

Quasi-judicial amendments to this code and to the map shall be in accordance with the procedures set forth in this code and the following:

A.    The Planning Commission shall make a recommendation to the Council on a zone change application which does not involve Comprehensive Plan Map amendments as provided by CDC 99.060(B).

B.    The Planning Commission shall make a recommendation to the Council on an application for a Comprehensive Plan Map amendment. The Council shall decide the application on the record as provided by CDC 99.060(C).

C.    The Planning Commission shall make a recommendation to the Council on a zone change application which also involves a concurrent application for a Comprehensive Plan Map amendment. The Council shall decide the applications on the record as provided by CDC 99.060(C). (Ord. 1401, 1997; Ord. 1613 § 26, 2013; Ord. 1635 § 44, 2014)

A decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following standards:

A.    The standards set forth in CDC 99.110(A), which provide that the decision shall be based on consideration of the following factors:

1.    The applicable Comprehensive Plan policies as identified in subsection C of this section and map designation.

2.    The applicable standards of any provision of this code or other applicable implementing ordinance.

B.    The standards set forth in CDC 99.110(B), which provide that, in making the decision, consideration may also be given to the following:

1.    Proof of change in the neighborhood or community or a mistake or inconsistency in the Comprehensive Plan or Zoning Map as it relates to the property which is the subject of the development application.

2.    Factual oral testimony or written statements from the parties, other persons and other governmental agencies relevant to the existing conditions, other applicable standards and criteria, possible negative or positive attributes of the proposal or factors in sub-section A or (B)(1) of this section.

C.    The Comprehensive Plan, Plan and Ordinance Revision Process, and Specific Policy No. 4, which provides that the decision shall be based on consideration of the following criteria:

1.    Conformance with the Comprehensive Plan policies and criteria.

2.    There is a public need for the change or the change can be demonstrated to be in the interest of the present and future community.

3.    The changes will not adversely affect the health, safety and welfare of the community.

D.    Transportation Planning Rule compliance.

1.    Review of applications for effect on transportation facilities. When a development application, whether initiated by the City or by a private interest, includes a proposed comprehensive plan amendment zone change or land use regulation change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule: “TPR”). “Significant” means the proposal would:

a.    Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan);

b.    Change standards implementing a functional classification system; or

c.    As measured at the end of the planning period identified in the adopted transportation system plan:

1)    Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility;

2)    Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or

3)    Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan.

2.    Amendments that affect transportation facilities. Amendments to the Comprehensive Plan and land use regulations that significantly affect a transportation facility shall ensure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the TSP. This shall be accomplished by one or a combination of the following:

a.    Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility.

b.    Amending the TSP or Comprehensive Plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of OAR 660-012-0060 of the TPR.

c.    Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation.

d.    Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility.

3.    Traffic impact analysis. A traffic impact analysis shall be submitted with a plan amendment or land use district change application. (Ord. 1584, 2008)

A quasi-judicial decision may be for denial, approval, or approval with conditions as provided by CDC 99.110(E).

The Planning Director shall maintain a record of amendments to the text and map of this code in a format convenient for the use of the public and in accordance with CDC 98.150.