A. Land use actions that require a public hearing by the planning commission shall be initially heard by the planning commission within sixty (60) days of the receipt of an application or appeal.

B. The planning commission may continue a public hearing for additional, information, testimony or for decision, to its next regular meeting or to a special meeting. In no instance, however, shall the decision be continued more than sixty (60) days beyond the initial hearing date.

C. Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing.

D. The decisions of the planning commission on applications for Type II actions shall be final unless appealed to the city council pursuant to Chapter 17.204.

E. The recommendations of the planning commission on applications for Type III actions shall be referred to the city council for final determination, pursuant to Chapter 17.200.

F. An issue that may be the basis for an appeal to the land use board of appeals (LUBA) may be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the city. Such issues shall be raised with sufficient specificity so as to afford the city council or planning commission, and the parties, an adequate opportunity to respond to each issue.

G. Appeal of a Type I action shall be heard by the planning commission in accordance with provisions of Chapter 17.204. Findings of the planning commission on such appeal shall be final unless further appealed to the city council. (Ord. 619, 2003)

A. The public hearing shall be conducted under the following procedures:

1. Open the public hearing, announce the purpose, and explain the process.

2. A prepared statement shall be made to all in attendance that conforms to ORS 197.763 (5).

3. Ask for objections to jurisdiction.

4. Call for abstentions.

5. Staff report with initial recommendation.

6. Letters.

7. Public agencies.

8. Proponents testimony.

a. Principal;

b. Others.

9. Opponents testimony.

10. Questions of proponents and opponents from the floor and commission/council directed through chair/mayor.

11. Proponent rebuttal.

12. Staff final recommendation.

13. Close of hearing.

14. Deliberation of commission/council of findings of fact.

15. Decision.

(Ord. 619, 2003)

A. All evidence offered and not objected to may be received unless excluded by the planning commission on its own motion. Evidence may be received subject to a later ruling as to its admissibility.

B. The planning commission may exclude irrelevant, unduly repetitious, immaterial or cumulative evidence; but erroneous admission of evidence by the commission shall not preclude action or cause reversal on appeal unless shown to have substantially prejudiced the rights of a party. When a hearing will be expedited, any part of the evidence may be received in written form.

C. All evidence shall be offered and made a part of the public record in the case.

D. The planning commission may take notice of judicially recognizable facts, and members may take notice of general, technical or scientific facts within their specialized knowledge. Parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of the material so noticed. Parties shall be afforded an opportunity to contest the facts so noticed. The planning commission members may utilize their experience, technical competence and specialized knowledge in evaluation of the evidence presented.

E. Every party is entitled to an opportunity to be heard and to present and rebut evidence.

F. All interested persons shall be allowed to testify.

(Ord. 619, 2003)

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. (Ord. 619, 2003)

The planning commission chair 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. (Ord. 619, 2003)

All exhibits received shall be marked so as to provide identification upon review. The city shall retain such exhibits. (Ord. 619, 2003)

The planning commission may during the course of the hearing, continue a hearing to a date, time and place announced at the hearing without additional notification. (Ord. 619, 2003)