City of Hillsboro, OR PROCEDURES

§ 12.70.010 Purpose and Subchapter Organization.

Purpose. This subchapter establishes decision-making procedures for review and processing of land use applications and permits, for the following purposes:

To make the review process clear and understandable for applicants;

To enable the public to effectively participate in the local decision-making process; and

To facilitate timely review of land use applications by the City.

Subchapter Organization. Details specific to each procedure type (I – IV) are included in Sections 12.70.030 through 12.70.060. Provisions common to multiple procedure types are included in Sections 12.70.070 through 12.70.180. Sections 12.70.200 through 12.70.230 include methodologies for Transportation Studies which may be required in a land use application.

(Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.020 Summary of Review Procedures.

General. All land use applications shall be decided by using 1 of the following procedure types. The procedure type for each application governs the decision-making process for that application. Review procedures for applications that are not land use decisions or limited land use decisions under ORS 197.015, or permits under ORS 215.402 or 227.160 are listed in Section 12.70.025.

Description of Procedure Types for Land Use Application. There are 4 types of decision-making procedures:

Type I. Type I procedures apply to "ministerial" permits and applications. Decisions on ministerial permits are made by City staff, based on approval criteria that do not require exercise of policy or legal judgment. A decision to approve or deny a ministerial permit must be made unless the application is withdrawn. Type I procedures require right to appeal only to the applicant.

Type II. Type II procedures apply to "administrative" permits and applications. Decisions on administrative applications are made by City staff, based on clear and objective approval criteria that require only limited discretion in applying approval criteria. A decision to approve or deny an administrative application must be made unless the application is withdrawn. Type II procedures require public notice and an opportunity for appeal, but do not require a public hearing.

Type III. Type III procedures apply to "quasi-judicial" applications. Decisions on quasi-judicial applications are made by an elected or appointed Review Authority, and require substantial exercise of discretion and judgment in applying approval criteria. A decision to approve or deny a quasi-judicial application must be made unless the application is withdrawn. Type III procedures require public notice and one or more public hearings.

Type IV. Type IV procedures apply to "legislative" matters. Legislative decisions are made by an elected or appointed Review Authority and involve the adoption or amendment of policy by ordinance. Legislative decisions may also apply to applications involving a large geographic area containing many properties. No final decision to approve or deny a legislative matter is required. Type IV procedures require general public notice and one or more public hearings.

Determination of Proper Procedure Type. Unless already specified in Table 12.70.020-1, the Planning Director shall determine whether a permit or application is processed as Type I, II, III or IV based on the descriptions in subsection B, above. Questions regarding the appropriate procedure shall be resolved in favor of the procedure type providing the widest notice and opportunity to participate.

Consolidated Reviews.

At the request of the applicant, multiple Type II or III applications for a single proposal may be consolidated and processed concurrently under the highest numbered procedure required for any part of the application, or processed individually under the procedures identified by this Code. For example, a proposal requiring both Development Review (Type II) and a Planned Unit Development (Type III) application would be processed under Type III procedures if consolidated at the applicant's request.

If the individual applications would be assigned to different Review Authorities, the consolidated applications will be assigned to the highest Review Authority using the following hierarchy from lowest to highest:

Planning Director or designee;

Historic Landmarks Advisory Committee;

Planning and Zoning Hearings Board;

Planning Commission.

When proposals are consolidated at the applicant's request, the following processes shall be applied:

Separate responses to the applicable criteria shall be submitted for each application;

The public notice shall identify each application to be decided; and

Separate findings and decisions shall be made on each application.

If the consolidated proposals include an application for a Comprehensive Plan Map amendment, the final decision on the Plan Map amendment shall precede any decision on a proposed Zone Change and all other decisions on a proposed development. Similarly, the final decision on a Zone Change shall precede a decision on a proposed Development Review or any other action.

Summary Table. Table 12.70.020-1 summarizes land use applications and permits by procedure type, decision authority and appeal authority.

Application Elevation. Notwithstanding Table 12.70.020-1 or the Planning Director's determination, an applicant may choose to elevate a Type I or II application to a higher numbered procedure type, provided the applicant pays the appropriate fee for the selected procedure type and the Director determines that statutory timelines for reaching a final decision can be met.

Table 12.70.020-1: Land Use Applications and Permits, Procedures, and Review Authorities
Permit/Application	Procedure Type¹	Neighborhood Meeting Required	Review Authority²		Primary Code Sections
Permit/Application	Procedure Type¹	Neighborhood Meeting Required	Decision³	Appeal	Primary Code Sections
Adjustment, Minor	Same as primary application		PD/PC	PC/CC	12.80.154
Adjustment, Major	III	Same as original application	PC	CC	12.80.156
Annexation	III		CC (D)	LUBA	Metro Ch. 3.09
CDC Text Amendment	IV		PC (R) CC (D)	LUBA	12.80.140
Comprehensive Plan					12.80.160
• Map Amendment	III	✓	PC (R) CC (D)	LUBA	12.80.162
• Minor Text Amendment	IV		PC (R) CC (D)	LUBA	12.80.164
• Major Amendment	IV		PC (R) CC (D)	LUBA	12.80.166
Conditional Use	III	✓	PZHB	CC	12.80.020
Cultural Resources					12.80.030
• Nomination to or Removal from the Inventory	III		HLAC (R) PC (R) CC (D)	LUBA	12.80.030 12.27.330 12.27.340
• Minor Alteration	II		PD	PC	12.80.030 12.27.360
• Major Alteration, Demolition, or Relocation	III		HLAC (R) PC (D)	CC	12.80.030 12.27.370
Development Review
• Type II	II		PD	PC	12.80.040
• Type III	III	✓	PC	CC	12.80.040
Director's Interpretation
• For reasonable accommodation	I		PD	PC	12.80.050
• Site specific	II		PD	CC	12.80.050
• Not site specific	I		PD	CC	12.80.050
Extension of Approval
• First and second	II		PD	PC	12.70.150
• Multi-phase project	II/III Same as original application		PD/PC	PD/CC	12.70.150
Fence Permit	I		PD	PC	12.80.060 12.50.250
Floodplain Activity (Minor)	II		PD	PC	12.80.070 12.27.130
Floodplain Activity (Major)	III	✓	PC	CC	12.80.070 12.27.135
Home Occupation Permit	I		PD	PC	12.80.080
Lot Consolidation	I		PD	PC	12.80.094
Modification, Minor	II		PD	PC	12.80.100
Modification, Major	II/III Same as original application	Same as original application	PD/PC	PC/CC	12.80.100
Non-Conforming Use or Structure Expansion	III	✓	PZHB	CC	12.80.110
Pre-existing Structure or Use Expansion (Amberglen Plan District):
• < 10% existing gfa	I		PD	PC	12.64.020
• > 10% but <20% existing gfa	II		PD	PC	12.64.020
• >20% existing gfa	III	✓	PZHB	CC	12.64.020
Partition (preliminary plat)	II		PD	PC	12.80.096
Partition (final plat)	I		PD	PC	12.80.096
Planned Unit Development	III	✓	PC (R) CC (D)	LUBA	12.80.120
Planned Unit Development Implementation
By Development Review	II		PD	PC	12.80.122
By Final Plat	I		PD	PC	12.80.122
Property Line Adjustment	I		PD	PC	12.80.092
Significant Natural Resource Permit, Major	III	✓	PC	CC	12.80.130 12.27.220
Significant Natural Resource Permit, Minor	II		PD	PC	12.80.130 12.27.220
Subdivision (Minor, Preliminary Plat)	II		PD	PC	12.80.098
Variance
• In mixed-use or light rail zones	III	✓	PC	CC	12.80.152
• In standard zones	III	✓	PZHB	CC	12.80.152
Zone Change
• Owner Initiated	III		PZHB (R) CC (D)	LUBA	12.80.168
• Annexation-related	III		PC (R) CC (D)	LUBA	12.80.168
• City Initiated	III		PC (R) CC (D)	LUBA	12.80.168
• City-initiated in conjunction with a CDC Text Amendment	IV		PC (R) CC (D)	LUBA	12.80.140
Non-Temporary Emergency Shelter Review	I		PD	CC	12.80.180

¹	Type I – Ministerial; Type II – Administrative; Type III – Quasi Judicial; Type IV – Legislative
²	PD – Planning Director; HLAC – Historic Landmarks Advisory Committee; PZHB – Planning & Zoning Hearings Board; PC – Planning Commission; CC – City Council; LUBA – Oregon Land Use Board of Appeals
³	(R) – Recommendation; (D) – Decision

Application of Days in Procedures. Timelines in this subchapter are expressed in 24-hour calendar days, unless the deadline for an action fall on a weekend or legal holiday, in which case the deadline will be considered to be the (calendar) day after the weekend or holiday.

(Ord. 6120 § 1, 2015; Ord. 6149 § 1, 2015; Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6465 § 2, 2024)

§ 12.70.025 Alternative Review Procedures.

General Description. Alternative review procedures apply to development applications that are not otherwise subject to Type I, II, III or IV procedures. Alternative review procedures are for applications that are not land use decisions or limited land use decisions under ORS 197.015, or permits under ORS 215.402 or 227.160, as listed in Section 12.70.025.

When Applicable. Alternative review procedures apply to Zoning Review, Expedited Land Division (ELD), and Middle Housing Land Division (MHLD) applications.

Pre-Application Conference. A pre-application conference is not required for an application reviewed under alterative review procedures.

Neighborhood Meeting. A neighborhood meeting is not required for an application reviewed under alterative review procedures.

Procedural Requirements for Zoning Review.

Application Requirements. Applications for Zoning Review shall, at a minimum, include the requirements listed in Subsection 12.80.170.D.

Building Permit Submittal, Review, and Approval. Building permit applications shall not be submitted, reviewed, or approved prior to the submittal of a Zoning Review application. Building permit applications may be submitted and reviewed concurrently with a Zoning Review application or submitted and reviewed following the approval of a Zoning Review application. In no circumstance shall the Building Official issue a building permit prior to the approval of a Zoning Review application.

Completeness Review. Zoning Review applications are not subject to completeness review.

Public Notice. Zoning Review applications do not require public notice or an opportunity for comment.

Review Authority. The review authority for Zoning Review shall be the Planning Director. The Planning Director shall approve, approve with conditions of approval, or deny a Zoning Review application within 21 days after the application is submitted.

Notice of Decision. Written notice of the decision for Zoning Review shall be provided to the applicant and shall indicate whether the application was approved, approved with conditions of approval, or denied. Notices granting approval shall state the date the approval expires per Subsection 12.70.140.D.2.

Appeal. Only an applicant may appeal the decision on a Zoning Review application. The appeal must be filed with the Planning Director within 14 days of the date the written Notice of Decision was mailed. If the decision is appealed, the Planning Director shall appoint a referee to decide the appeal decision; the referee may not be a City employee or official. For purposes of the appeal of a Zoning Review application, the referee shall be the Hearings Officer of the Planning and Zoning Hearings Board. The appeal authority's decision is the City's final local decision on the application. If the applicant does not file an appeal within the time specified, the decision is final on the date the written Notice of Decision was mailed.

Preliminary and Final Plat Procedures for Expedited and Middle Housing Land Divisions. Unless the applicant requests to use the procedure set forth in Subsection 12.80.096.E or 12.80.098.C, the City shall use the following procedure for an ELD, as described in ORS 197.360, or an MHLD.

Application Requirements. Preliminary and final plat applications for ELD and MHLD shall, at a minimum, include the following:

An application form, signed by the applicant or applicant's representative and the property owner or owner's representative;

Payment in full of the appropriate application fee, based on the fee schedule in effect on the date of the submittal;

A preliminary plat or final plat with all information required on the application form and/or checklist; and

A narrative describing the project and addressing compliance with all approval criteria and applicable standards.

Completeness Review.

If the application for an ELD or MHLD is incomplete, the City shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. For purposes of computation of time, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

Public Notice for Preliminary Plats.

On receipt of a complete application for a preliminary plat, written notice shall be provided to owners of property within 100 feet of the entire contiguous site for which the application is made and to any City Council-recognized neighborhood association(s) whose boundaries include the site. Notice shall also be provided to any local government or special district agency responsible for providing public services or facilities to the subject site. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee under ORS 197.375, this requirement shall be deemed met when the City can provide an affidavit or other certification that such notice was given.

The notice shall include the following information:

The deadline for submitting written comments which shall allow for a 14-day period for submission of written comments prior to the Planning Director's decision;

ii.

A statement that provides that issues related to the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period;

iii.

A statement that issues must be raised with sufficient specificity to enable the City to respond to the issue;

iv.

The applicable criteria for the decision;

The place, date and time that comments are due;

vi.

A time and place where copies of all evidence submitted by the applicant will be available for review;

vii.

The street address or other easily understood geographical reference to the subject property;

viii.

The name and telephone number of a City contact person; and

ix.

A brief summary of the decision-making process for the land division decision being made.

Review Authority. The review authority for ELDs and MHLDs shall be the Planning Director. The Planning Director shall approve, approve with conditions of approval, or deny the application within 63 days of receiving a completed application. The Planning Director's decision shall be based on applicable elements of the CDC and Comprehensive Plan.

Notice of Decision. Written notice of the decision for ELDs or MHLDs shall be provided to the applicant and to those who provided written responses under Subparagraph 12.70.025.F.3.b.i within 63 days of the date of a completed application. The notice of decision shall include:

A summary statement explaining the determination;

An explanation of appeal rights under ORS 197.375; and

The date the approval expires per Subsection 12.70.140.D.3.

Failure to Approve or Deny Application Within Specified Time.

Except as provided in paragraph b below, if the City does not make a decision on an ELD or MHLD within 63 days after the application is deemed complete, the applicant may apply in the Washington County circuit court for a writ of mandamus to compel the City to issue the approval. The writ shall be issued unless the City shows that the approval would violate a substantive provision of the applicable land use regulations or the requirements of ORS 197.360. A decision of the circuit court under this section may be appealed only to the Court of Appeals.

After 7 days' notice to the applicant, the City Council may, at a regularly scheduled public meeting, take action to extend the 63-day time period to a date certain for 1 or more applications for an ELD or MHLD prior to the expiration of the 63-day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. Upon approval of an extension, the provisions of ORS 197.360 to 197.380, including the mandamus remedy provided by paragraph a, shall remain applicable to the ELD or MHLD, except that the extended period shall be substituted for the 63-day period wherever applicable.

Appeal. The applicant, or any person or organization who files written comments in the comment period established in Subsection 12.70.025.F.3.b.i, may appeal the Planning Director's decision within 14 days of the mailing date of the written Notice of Decision. The appeal shall be based solely on allegations as listed in ORS 197.375(1)(c)(A) through (1)(c)(D) and shall be accompanied by a $300.00 deposit for costs which is refundable if the appellant prevails. If the applicant appeals the Planning Director's decision, the Planning Director shall appoint a referee to decide the appeal decision and the appointed referee shall comply with ORS 197.375(3) through (6) when issuing a decision. The referee may not be a City employee or official. For purposes of the appeal of an ELD or MHLD application, the referee shall be the Hearings Officer of the Planning and Zoning Hearings Board. The appeal authority's decision is the final local decision on the application. If the applicant does not file an appeal within the time specified, the decision is final.

(Ord. 6401 § 1, 2022)

§ 12.70.030 Type I Procedure.

General Description. Type I procedures apply to "ministerial" permits. Decisions on ministerial permits are made by City staff, based on clear and objective approval criteria, and do not require interpretation or the exercise of policy or legal judgment. A decision to approve or deny a ministerial permit must be made unless the application is withdrawn. Type I procedures require notice and right to appeal only to the applicant.

When Applicable. Table 12.70.020-1 identifies Type I applications. Applications not listed on Table 12.70.020-1 may be identified as Type I by the Planning Director based on the General Description in this section.

Pre-Application Conference. A pre-application conference is not required for Type I applications.

Neighborhood Meeting. A neighborhood meeting is not required for Type I applications.

Application Requirements.

Type I applications shall be submitted on application forms provided by the Director. The application forms shall list applicable submittal requirements as required by Subsection 12.70.110.C.

Type I application forms shall include a Decision Section in which the Planning Director or the Director's designee will note the Decision, supporting findings, and appeal provisions.

Type I applications shall be accompanied by the required fee.

Type I applications are subject to the completeness review procedures set forth in Subsections 12.70.110.D and E.

Public Notice. Type I applications do not require public notice or an opportunity for comment.

Review Authority. The review authority for Type I applications shall be the Planning Director. The Planning Director shall approve, approve with conditions or deny a Type I application within 15 days after the application was determined to be complete.

Notice of Decision. Written Notice of the Decision for Type I applications shall consist of either the approved Permit or a copy of the Permit marked "Denied." Either Notice shall be signed by the Planning Director or the Director's designee. The completed Notice of Decision shall be provided to the applicant by mail or hand-delivery within 5 days after the application is approved or denied. In the case of an extension of approval, the Notice of Decision shall also be provided to the review authority that granted the original approval. Together with the Permit or the application form, the Notice of the Decision shall:

Include a brief summary of the proposal, and the approval or denial of the application;

State the facts upon which the Director relied to determine whether the application satisfied or failed to satisfy each applicable approval criterion and/or standard;

State that the decision is the final local decision unless an appeal is filed as provided in Section 12.70.180. The Notice of Decision shall state the date and time by which an appeal must be filed; and

State the date the Decision expires.

Appeal.

Only an applicant may appeal a Type I decision. Appeal authorities are identified in Table 12.70.020-1 and appeal requirements and procedures are set forth in Section 12.70.180. If the applicant does not file an appeal within the time specified in Section 12.70.180, the decision is final.

If the applicant appeals the Planning Director's decision, the appeal authority's decision is the final local decision on the application.

(Ord. 6178 § 1, 2016; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.040 Type II Procedure.

General Description. Type II procedures apply to "administrative" permits and applications. Decisions on administrative applications are made by City staff, based on reasonably objective approval criteria that require only limited discretion. A decision to approve or deny an administrative application must be made unless the application is withdrawn. Type II procedures require public notice and an opportunity for appeal, but do not require a public hearing.

When Applicable. Table 12.70.020-1 identifies Type II applications. Applications not listed on Table 12.70.020-1 may be identified as Type II by the Planning Director based on the General Description in this section.

Pre-Application Conference. Pre-application conferences are not required for Type II applications, but are strongly encouraged. Guidelines for pre-applications conferences are set forth in Section 12.70.090.

Neighborhood Meeting. Neighborhood meetings are strongly encouraged for Type II applications, but are not required. Section 12.70.100 sets forth requirements and procedures for neighborhood meetings. These procedures should be considered guidelines for voluntary neighborhood meetings for a Type II application.

Application Requirements.

Type II applications shall be submitted on application forms provided by the Planning Director. The application forms shall list applicable submittal requirements as required by Subsection 12.70.110.C.

Type II applications shall be accompanied by the required fee.

Type II applications are subject to the completeness review procedures set forth in Subsections 12.70.110.D and E.

Public Notice and Comment Period. Public notice is required for all Type II applications. This notice invites affected parties to participate by providing area property owners and other interested parties with an opportunity to submit written comments on the application before a Notice of Decision is issued.

After a Type II application has been accepted as complete under Subsection 12.70.110.E, the Planning Department shall mail a written public notice to the following parties:

The applicant(s) and/or authorized representative(s);

The owner(s) or contract purchaser(s) of record of the subject property or properties;

Property owners of record within 200 feet of the perimeter property line of the property or properties subject to the application, using the most recent property tax assessment roll of the Washington County Department of Assessment and Taxation to determine the property owner(s) of record; and

Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City.

Written public notice of the pending application shall include the following information:

The case file number for the application, the name of the applicant and a concise description of the nature of the request;

A vicinity map and description of the subject site reasonably sufficient to inform the reader of its location, including map and tax lot number and site address, if available;

A list of the relevant approval criteria applicable to the decision by Code section number;

A statement that the application and all documents and evidence submitted by the applicant are available for review, and copies can be obtained at reasonable cost;

A brief summary of the decision-making process for the application;

The place, date, and time that written comments on the application are due, and the name and telephone number of the City representative to contact about the application;

A statement that comments received after the close of the public comment period will not be considered by the Planning Director;

A statement that issues which may provide the basis for an appeal to the Land Use Board of Appeals (LUBA) must be raised in writing prior to the expiration of the comment period with sufficient specificity to enable the applicant and review authority to respond to the issue;

A statement that a decision shall be issued after the comment period closes, and that decision shall be mailed to the applicant and to anyone else who submitted written comments or who is otherwise legally entitled to notice of the decision; and

An affidavit of mailing of the public notice, including the notice, the mailing date and a list of parties to whom the notice was mailed, shall be prepared and made a part of the case file.

Public notices for Type II applications shall include a minimum period of 14 days from the date the notice was mailed for the submission of written comments before a Notice of Decision is issued.

Review Authority. The review authority for Type II applications shall be the Planning Director. Based on the criteria and the facts contained within the record, the Planning Director shall approve, approve with conditions or deny the requested application. The Planning Director's Decision shall address all of the relevant approval criteria and consider written comments submitted before the close of the comment period.

Notice of Decision.

The decision is final for purposes of appeal on the date the notice is mailed. Within 7 days after the Planning Director has issued it, a Notice of Decision shall be sent by mail to the following parties:

The applicant and/or authorized representative;

The owner(s) of record of the subject property;

Any person or group who submitted written comments during the comment period, or who submitted a written request to receive notice of the decision; and

Any governmental agency which is entitled to the Notice of Decision under an intergovernmental agreement with the City, and other agencies that provided comments during the application review period.

The Notice of Decision shall include the following information:

A brief summary of the proposal, the Decision, and any conditions of approval;

A description of the site reasonably sufficient to inform the reader of its location, including map and tax lot number and site address, if available;

A statement of the facts upon which the Planning Director relied to determine whether the application satisfied or failed to satisfy the applicable approval criteria;

A statement that the decision is final, unless appealed as provided in Section 12.70.180;

The requirements for filing an appeal of the decision, including a statement of the date and time by which an appeal must be filed; and

A statement that the complete case file, including findings, conclusions, and conditions of approval, if any, is available for review; and the name and telephone number of the City representative to contact about reviewing the case file.

Appeal.

The Planning Director's decision may be appealed by the applicant or any person who provided comments during the public comment period.

The Decision shall become final unless an appeal is filed.

The review authority for an appeal of a Type II application is identified in Table 12.70.020-1.

The appeal shall follow the requirements and procedures of Section 12.70.180.

The decision of the review authority on the appeal shall be the final decision of the City. Any further appeal shall be made to the Land Use Board of Appeals (LUBA).

(Ord. 6250 § 1, 2017; Ord. 6401 § 1, 2022)

§ 12.70.050 Type III Procedure.

General Description. Type III procedures apply to "quasi-judicial" applications. Decisions on quasi-judicial applications are made by an elected or appointed Review Authority, and require substantial exercise of discretion and judgment in applying approval criteria. A decision to approve or deny a quasi-judicial application must be made unless the application is withdrawn. Type III procedures require public notice and a public hearing.

When Applicable. Table 12.70.020-1 identifies Type III applications. Applications not listed on Table 12.70.020-1 may be identified as Type III by the Planning Director based on the General Description in this section.

Pre-Application Conference. Pre-application conferences are not required for Type III applications, but are strongly encouraged. Guidelines for pre-application conferences are set forth in Section 12.70.090.

Neighborhood Meeting. Neighborhood meetings are mandatory for most Type III applications, as specified in Table 12.70.020-1. When required, neighborhood meetings shall follow the requirements and procedures in Section 12.70.100.

Application Requirements.

Type III applications shall be submitted on forms provided by the Planning Director. The application forms shall list applicable submittal requirements as required by Subsection 12.70.110.C.

Type III applications shall be accompanied by the required fee.

Type III applications are subject to the completeness review procedures set forth in Subsections 12.70.110.D and E.

Notice of Public Hearing. Public notice is required for all Type III applications. This notice invites affected parties to participate by providing area property owners and other interested parties with an opportunity to submit written and oral comments on the application before and during the public hearing.

After the application has been deemed complete under Subsection 12.70.110.E, the Planning Department shall mail a written notice of the public hearing to the following parties:

The applicant(s) and/or authorized representative;

The owner(s) or contract purchaser(s) of record of the subject property or properties;

Owners of record of properties within 500 feet of the perimeter property line of the property or properties subject to the application, using the most recent property tax assessment roll of the Washington County Department of Assessment and Taxation to determine the property owner(s) of record; and

Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City.

Notice of public hearings for certain applications shall also be mailed as shown in Table 12.70.050-1 to the following parties:

Table 12.70.050-1: Additional Notice on Specific Type III Applications
Application Characteristics	Additional Parties for Notification
The only access to a proposed development is a highway/railroad crossing	The applicable road authority; or the rail authority and the rail owner, in accordance with ORS 197.794.
A proposed zone change on property within 1020 feet of the Portland-Hillsboro Airport	The Port of Portland, in accordance with ORS 227.175.
A proposed zone change affecting a manufactured home or mobile home park	All mailing addresses within the park in accordance with ORS 227.175.
A proposed Zone Change, Comprehensive Plan Map Amendment, or Planned Unit Development	Community or neighborhood association and the Citizen Participation Organization within which the property is located; the State, county and city agencies or individuals who request such notice, and DLCD, in compliance with applicable State law and administrative rules.

The written notice of the public hearing on the pending application shall include the following information:

The review authority for the application and the date, time, and place of the hearing;

The case file number for the application, and the name and address of the applicant or the applicant's representative;

A concise description of the nature of the proposed use or development and the specific approvals requested;

A vicinity map and description of the subject site reasonably sufficient to inform the reader of its location, including Assessor's Tax Map, Tax Lot number, and site address if available;

A list of the applicable approval criteria by Code section number;

The location and hours where copies of the application and all evidence and documents submitted by or on behalf of the applicant are available for review, and a statement that copies thereof can be obtained at reasonable cost;

A statement that the staff report will be available for inspection at no cost at least 7 days prior to the hearing, and that copies will be provided at reasonable cost;

The name and telephone number of the City representative to contact about the application;

A brief summary of the decision-making process for the application;

A general explanation of the requirements to submit testimony and the procedure for conducting public hearings;

A statement that all interested persons may appear and provide testimony at the public hearing, and that only those participating at the hearing, or in writing, are entitled to appeal; and

A statement that failure to raise an issue at the hearing, in person or by letter, or failure to provide sufficient specificity to enable the review authority to respond to the issue, precludes an appeal based on that issue.

Public notices for Type III applications shall be mailed a minimum of 20 days prior to the hearing.

An affidavit of mailing of the public notice, including the notice, the mailing date and a list of parties to whom the notice was mailed, shall be prepared and made a part of the case file.

Published Notice of Public Hearing for Certain Applications. Notice of the public hearing for certain Conditional Use, Planned Unit Development, and Zone Change applications shall be published one time in a newspaper of general circulation in the City, at least 14 days before the public hearing. Notice of any public hearing for a Comprehensive Plan Map Amendment application shall be published 2 times in a newspaper of general circulation in the City not less than 10 days nor more than 21 days before the public hearing. The newspaper's affidavit of publication of the notice shall be included in the case file.

Decision Authority. Table 12.70.020-1 identifies the decision authority for each Type III application.

Public Hearing Procedure. The public hearing shall be conducted in accordance with the requirements and procedures in Section 12.70.160.

Notice of Decision.

Following a decision on the application by the Review Authority, a written decision in the form of an Order or Minute Order shall be prepared by the Planning Department or the Review Authority. The Order or Minute Order shall include the following information:

The decision to deny or to approve the application and if approved, any conditions of approval necessary to ensure compliance with applicable criteria;

A list of the applicable approval criteria by Code section number;

A statement or summary of the facts upon which the Review Authority relied to determine whether the application satisfied or failed to satisfy the applicable approval criteria; and to justify any conditions of approval. The Review Authority may adopt or incorporate by reference a staff report or written findings prepared by any party to the proceeding into the Order to satisfy this requirement; and

A statement of conclusions based on the facts and findings.

The Notice of Decision including the full Order shall be mailed to the applicant and to all parties of record within 7 days of the date of the decision. The decision is final for purposes of appeal on the date the notice is mailed. Failure of any person to receive mailed notice shall not invalidate the decision, provided that a good faith effort was made to mail the notice.

The Notice of Decision shall contain the following information:

A summary of the Decision and a list of any conditions of approval;

A description of the subject site reasonably sufficient to inform the reader of its location, including Assessor's Tax Map, Tax Lot number, and site address if available;

A statement that the decision of the review authority is final unless appealed as provided in Section 12.70.180;

The requirements for filing an appeal of the Decision, including a statement of the date and time by which an appeal must be filed; and

A statement noting that only those persons who made an appearance of record are entitled to appeal the decision.

Notice of Action on Comprehensive Plan Map Amendment, Zone Change, and PUD. Notices of Action on a Comprehensive Plan Map Amendment, Zone Change, and Planned Unit Development shall state that the Planning and Zoning Hearings Board Order or the Planning Commission Order is a recommendation to the City Council and is not subject to appeal. A person who participated or appeared before the Hearings Board or Planning Commission may request that the City Council hold a public hearing on the Comprehensive Plan Map Amendment, Zone Change, or Planned Unit Development. If the City Council chooses to hold a public hearing upon the request of a party of record, the City Council public hearing shall follow the requirements and procedures in Section 12.70.160 and notice of the hearing shall be provided pursuant to the notice requirements in subsections F and G.

Appeal.

The decision of the Review Authority may be appealed to the City Council. Only the applicant or persons who made an appearance of record at the public hearing before the Review Authority have standing to appeal.

The appeal shall follow the requirements and procedures in Section 12.70.180.

The City Council decision shall be the final local decision on all appeals. Any further appeal shall be made to the Land Use Board of Appeals.

(Ord. 6120 § 1, 2015; Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.060 Type IV Procedure.

General Description. Type IV procedures apply to "legislative" matters. Legislative decisions are made by an elected or appointed Review Authority and involve the adoption or amendment of policy by ordinance. Legislative decisions may also apply to applications involving a large geographic area containing many properties. A final decision to approve or deny a legislative matter is not required. Type IV procedures require general public notice and a public hearing. In addition, a Comprehensive Plan Major Amendment requires adherence to the adopted Public Communications and Engagement Plan, pursuant to Section 12.70.062.

When Applicable. Table 12.70.020-1 identifies Type IV applications. Applications not listed on Table 12.70.020-1 may be identified as Type IV by the Planning Director based on the General Description in this section.

Pre-Application Conference. Pre-application conferences are not required for Type IV applications.

Neighborhood Meeting. Neighborhood meetings are not required for Type IV applications.

Application Requirements. Type IV applications may be initiated only by Planning Commission Order or City Council Order. Unlike Type I, II or III applications, Type IV applications cannot be initiated by a private party. Type IV applications are not subject to payment of a fee or to the completeness review procedures in Section 12.70.110.

Mailed Notice of Public Hearing.

Notice to DLCD. Notice of the public hearing on a proposed Type IV application shall be mailed to DLCD on the forms provided by that Department in compliance with applicable State law and administrative rules. A copy of the DLCD notice, including the mailing date, shall be made a part of the case file.

Measure 56 Notice. Notice of the public hearing on a proposed Type IV application shall be mailed to the owner of record of property within the City if the proposed amendment would, in the Planning Director's opinion, limit or prohibit Uses previously allowed on the property. The notice shall be mailed at least 20 but no more than 40 days before the public hearing. To send this notice, the Planning Department shall use the most recent property tax assessment roll of the Washington County Department of Assessment and Taxation to determine the property owner(s) of record. The notice of the public hearing on a proposed Type IV application shall include the following information:

The date, time, and location of the hearing;

The case file number or title of the proposed application and the name and telephone number of a city representative to contact about the amendment;

Notice to Other Parties. Notice of public hearings for certain applications shall also be mailed to the following parties: the State, county and City agencies or individuals who request such notice.

Published Notice of Public Hearing. Notice of the public hearing for proposed Type IV applications shall be published 2 times in a newspaper of general circulation in the City, at least 10 days but not more than 21 days before any public hearing. The newspaper's affidavit of publication of the notice shall be included in the case file. Any such notice shall contain:

A summary of the application.

The time, date and place of the hearing.

The location(s) at which copies of the application summary may be obtained.

A statement that all interested persons may appear and provide testimony or submit comments in writing, and that only those persons who appear or submit written testimony may appeal the determination of the decision authority.

A general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.

Public Hearing Procedure. The Planning Commission shall conduct the public hearing on a proposed Type IV application pursuant to the public hearing requirements and procedures in Section 12.70.160. In addition to the public hearing held by the Planning Commission, the City Council shall conduct a public hearing on a proposed Comprehensive Plan Major Amendment-Plan Revision application.

Recommendation Authority.

Following receipt of testimony and deliberation at the public hearing, the Planning Commission shall provide a recommendation to the City Council for all proposed Type IV applications. The Planning Commission may recommend that the City Council reject or adopt the amendments with or without certain changes. The Planning Commission's recommendation shall be issued as an Order, and shall include findings supporting the recommendation, based on public testimony and the amendment's satisfaction or failure to satisfy the applicable criteria.

Following the adoption of the Planning Commission Order of recommendation, the Planning Department shall mail a Notice of Action to parties of record who appeared orally or in writing before the Planning Commission prior to the closing of the public record. The notice shall contain at least the following information:

The case file number of the proposed amendment and the Order number of the Planning Commission recommendation;

A summary of the Planning Commission recommendation for approval, denial, or modification;

The date, time, and location of the City Council's consideration of the proposed amendment. The notice shall be mailed not less than 7 days prior to the date of the Council's consideration;

A statement that a copy of the proposed Type IV application and the staff report are available for inspection at no cost, and a copy will be provided at reasonable cost;

The telephone number of a city representative to contact about the order; and

A statement that the Planning Commission's decision is a recommendation which cannot be appealed, but that interested parties may request that the City Council hold its own evidentiary hearing on the proposed Type IV application.

Decision Authority.

Upon receiving the Planning Commission's Order of recommendation, the City Council shall hold a hearing on a proposed Comprehensive Plan Major Amendment-Plan Revision application. For all other Type IV applications, the City Council may choose whether to hold its own evidentiary public hearing upon receiving the Planning Commission's Order of recommendation. If the Council holds a public hearing, the hearing shall be conducted pursuant to the public hearing requirements and procedures in Section 12.70.160 and published notice of the hearing shall be provided pursuant to the notice requirements in subsection G.

Notice of Decision.

Not more than 5 days after the date the City Council approves or denies a proposed Type IV application, the Planning Director shall mail a Notice to DLCD on the forms provided by that Department.

Not more than 7 days after the date the City Council approves or denies a proposed Type IV application, the Director shall mail a Notice of Decision to persons of record who appeared orally or in writing before either the Planning Commission or the City Council. The City Council's decision is final for purposes of appeal on the date the notice is mailed.

Appeal. The final decision of the City Council to approve or deny a Type IV amendment may be appealed to the Land Use Board of Appeals (LUBA) only when such appeal is authorized under applicable State law.

(Ord. 6120 § 1, 2015; Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.062 Public Communications and Engagement Plan.

General Description. The Public Communications and Engagement Plan is intended to encourage public notice and involvement processes appropriate to the scale and type of certain Type IV applications. The Public Communications and Engagement Plan is coordinated with and approved by the Public Engagement Committee, which is responsible for fulfilling the duties of a committee for citizen involvement, as described in Statewide Planning Goal 1. The purpose of the Public Communication and Engagement Plan is to ensure the community is provided opportunities to discuss and inform a proposed Comprehensive Plan Major Amendment application, identify issues, and possibly revise the proposal to address the issues identified.

When Applicable. Compliance with the Public Communications and Engagement Plan, as approved by the Public Engagement Committee, is required for all Comprehensive Plan Major Amendment applications.

Public Communications and Engagement Plan Procedures.

With the advice and assistance of the Public Engagement Committee, establish and conduct a citizen involvement program which provides for public involvement and input into the proposed revision or amendment which complies with Statewide Planning Goal 1 requirements. At a minimum, such a public involvement program shall provide for adequate notice on citizen involvement activities; advanced information on matters under consideration; and opportunities for public involvement in all phases of the planning process applicable to the proposed Comprehensive Plan Major Amendment as determined by the Public Engagement Committee.

Identify issues to be addressed and related information and data to be collected, reviewed and made available for public review. The public shall be informed of these issues; and provided opportunity for public access to the related information and data; and for public input on these issues.

Notify affected government agencies of planning activities and invite their review and comment.

Collect relevant information and data.

Analyze each issue and identify proposed actions which address the issue sufficiently. As part of the public involvement program for the Comprehensive Plan Major Amendment:

Compile and combine the issue, relevant data and information and actions into text format and make copies of such text available for review and comments by community members and affected government agencies.

Compile comments received from community members and affected government agencies for consideration by the Planning Commission. The Planning Department shall prepare written responses to comments and make the responses available for public review and to the Planning Commission during its consideration of the proposed Comprehensive Plan Major Amendment.

Conduct a Planning Commission public hearing on a Comprehensive Plan Major Amendment application after completion of the tasks set forth in paragraphs 1 through 5 above and the Public Communications and Engagement Plan established by the Public Engagement Committee.

(Ord. 6250 § 1, 2017; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.070 Initiation of an Application.

A Type I, II or III application may be initiated by either the owner or the contract purchaser of the subject property, or any person authorized in writing to act as agent of the owner or contract purchaser. A Type III Zone Change or Comprehensive Plan Map Amendment application may also be initiated by the Planning Commission or the City Council.

A Type IV application can be initiated only by Planning Commission Order or City Council Order. A Comprehensive Plan Major Amendment-Plan Revision can be initiated only by City Council Order.

(Ord. 6250 § 1, 2017; Ord. 6322 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.080 Withdrawal of an Application.

An applicant may withdraw an application at any time prior to adoption of a final city decision if the Planning Director determines that:

The property owners or contract purchasers have consented in writing to withdraw the application; and

The application is not intended to correct an identified CDC violation on the subject property which would remain unresolved were the application withdrawn.

The Planning Director may withdraw a City-initiated application at any time.

If a Type II or Type III application is withdrawn after the required public notice has been mailed, the Planning Director shall send a written notice of the application's withdrawal to all parties who were sent the original public notice.

If a Type III application is withdrawn within 5 days of the scheduled public hearing, written notice shall not be mailed. Instead, the withdrawal shall be posted on the City's website and at the public hearing venue, and the Review Authority shall announce at the beginning of the meeting that the application has been withdrawn.

If an applicant requests a refund of application fees following withdrawal of the application, the amount of the refund shall be determined by the Planning Department based on a calculation of the unexpended portion of the fee. Reasonable costs incurred to notify affected parties of the withdrawal shall be included in the calculation as expended.

(Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.090 Pre-Application Conference.

Purpose. The purposes of pre-application conferences are:

To acquaint the applicant or representative with the requirements of this Code, including relevant approval criteria, standards and procedures;

To advise the applicant or representative of previous land use applications or earlier issues associated with the site; and

To provide opportunity for the applicant and City staff to identify and resolve potential concerns at the earliest opportunity in the development process.

Pre-application conferences are strongly advised for all applications.

Pre-application conferences are intended to be advisory only, and are specifically not intended to be an exhaustive review of all potential issues. Participation in a pre-application conference does not absolve an applicant of any responsibility for legal or technical due diligence investigation.

Participation in a pre-application conference does not bind the City to provision of any level of service or approval, nor does it preclude the City from enforcing all applicable regulations or from applying regulations differently than may have been indicated at the pre-application conference.

Pre-Application Conference Guidelines.

Applicants should provide any available plans for the proposed development, including but not limited to: intended Uses; site plans; building elevations; site circulation plans; preliminary infrastructure plans; and phasing plans if applicable. Any plans provided to the City before, during, or after during the pre-application conference may be considered public information.

The Planning Director or the Director's designee should coordinate attendance by City staff responsible for development review, infrastructure and building construction requirements, and natural or cultural resource protection as applicable.

Pre-application conferences are not open to the general public.

Either the City or the applicant may provide a checklist or brief written summary of the pre-application conference. The purpose of the written summary is to provide a preliminary assessment of a proposal and shall not to be construed as a final recommendation by the City or by any other outside agency or service provider on the merits of the proposal.

The applicant or the City may request additional pre-application conferences to identify and address issues arising from preparation of more detailed development plans, or to discuss concerns arising since the earlier conference.

Pre-Application Conference Validity Period.

If an application for a proposed development action is not submitted within 12 months of a pre-application conference on that development, or if the applicant chooses to modify a proposed development in such a way that additional Code sections may be applicable, the applicant should schedule a new pre-application conference.

Participation in a pre-application conference does not vest an application against amendments to this Code made after the pre-application conference but prior to the submittal of the application under Section 12.70.110.

(Ord. 6401 § 1, 2022)

§ 12.70.100 Neighborhood Meetings.

Purpose. Neighborhood meetings encourage citizen participation early in the development process. They provide an opportunity for the applicant, surrounding neighbors and interested parties to meet, review a development proposal, identify issues, and possibly revise the application to address the issues prior to application submittal, in a manner consistent with the City's requirements. Neighborhood meetings are intended to encourage submittal of applications that are more responsive to neighborhood concerns, thereby expediting the review process and reducing continuances and appeals.

Applicability. Neighborhood meetings are encouraged for all Type II and Type III applications, but are required only for those Type III applications so specified in Table 12.70.020-1.

Neighborhood Meeting Procedures.

Neighborhood meetings shall be held in person at a location accessible to the participants in the closest practicable proximity (not to exceed 2 miles radius) to the subject site. The meeting shall be held on a weekday evening after 6:00 p.m. or on weekends between 9:00 a.m. and 8:00 p.m. and shall not be held on a national holiday. Applicants may provide a virtual component for participants to join in the meeting. The virtual component shall not be done in lieu of the in-person requirement. Only one neighborhood meeting per development proposal is required, but more meetings may be held at the applicant's discretion.

Mailed notice of the meeting shall be provided by the applicant to the surrounding neighborhood between 7 and 30 days prior to the meeting, to the same notification radius required by the City for that type of application. The applicant shall also post notice of the neighborhood meeting on the site or on an access easement to the site within clear view of a public street at least 7 days before the meeting. The sign shall be provided to the applicant by the City and shall be placed in compliance with HMC Section 11.32.090.

At the neighborhood meeting, the applicant shall provide preliminary details of the major elements of the development, including number and type of dwellings if applicable, proposed uses, street, lotting, and parking layouts, approximate building locations and heights, and approximate locations for open space and natural resource preservation as applicable. The applicant shall also note if the development proposal includes multiple or consolidated applications. Opportunity shall be provided for attendees to ask questions regarding the proposal. The applicant shall prepare meeting notes of major points, issues, and responses concerning the development proposal that were discussed at the meeting. If no one arrives within 30 minutes of the scheduled start time for the neighborhood meeting, the applicant may close the meeting and this requirement will be considered met upon the applicant's submittal of documentation to that effect.

Neighborhood Meetings Materials Submitted with Application. The neighborhood meeting notes, list of parties notified, affidavits of mailing and posting notices, copies of all materials provided by the applicant at the meeting, and a signature sheet of attendees shall be included with the development application upon submittal. If the development proposal is revised after the neighborhood meeting, with the addition of 1 or more tax lots or the substantial revision of major elements as cited in paragraph C.2 above, a second neighborhood meeting with a new notice shall be required before the revised application is submitted.

Neighborhood Meeting Validity Period. Applications shall be submitted to the City within 180 days of the neighborhood meeting. If an application is not submitted in this time frame, the applicant shall be required to hold a new neighborhood meeting.

Compliance with Requirements. Compliance with the provisions of Section 12.70.100 is a requirement of this Code. Applications shall not be submitted without this documentation, or submitted prior to the neighborhood meeting. If submitted, such applications shall be deemed incomplete under Subsection 12.70.110.F.

(Ord. 6393 § 1, 2021; Ord. 6401 § 1, 2022)

§ 12.70.110 Application Submittal and Completeness Review.

Application Forms and Checklists.

Forms for the submittal of all land use applications shall be available in the Planning Department. The City shall assure that these forms comply with applicable standards in State law and this Code.

Land use applications shall include checklists or information sheets detailing specific information and plans to be contained in that application, including document formats and number of copies.

Fees. A fee schedule for land use applications and other Planning Department services provided by the City shall be set by resolution of the City Council. Required fees shall be paid at the time of application submittal or at the time of request for a particular service. Payment of the appropriate application fee is a jurisdictional requirement of this Code.

Application Submittal. Land use applications or permits required under this Code shall be submitted on the appropriate forms from the Planning Department. Submittal of a land use application on the appropriate form, signed by the property owner, is a jurisdictional requirement of this Code.

Application Materials. All of the following items must be submitted to initiate the 30 day completeness review of the application. All information supplied on the application form and accompanying the application shall be complete and correct as to the applicable facts:

Completed application form, including the signature of the property owner;

Payment in full of the appropriate land use application or permit fee(s), based on the fee schedule in effect on the date of application submittal;

Documentation of compliance with neighborhood meeting procedures, if required by Table 12.70.020-1 for that application;

A written narrative listing the criteria and development standards applicable and relevant to the application and stating the evidence demonstrating the application's compliance with the each criterion and standard. If compliance with a criterion or standard is stated to be demonstrated in a plan, drawing, or technical study in the application, the citation in the narrative to the demonstration must be sufficiently specific to allow convenient reference;

Required plans and drawings for the particular type of application as noted on the application checklist. Such plans generally include, but are not limited to, the following:

Existing site conditions plan,

Site development plan, showing building footprints and on-site circulation,

Building elevations and floor plan(s),

Landscaping plan,

Fencing and lighting plan,

Grading and erosion control plan, and

On-site and adjacent infrastructure plan;

Required technical reports for the particular type of application as noted on the application checklist (e.g., transportation study, floodplain or wetland delineation, significant natural resource report, tree survey, noise study, etc.). Minimum specifications for transportation studies are listed in Sections 12.70.200 through 12.70.230. The Planning Department shall make every effort to advise the applicant of required technical reports at a pre-application conference;

If expedited review is requested pursuant to Subsection 12.70.110.E, a copy of the covenant appurtenant that restricts the owner and each successive owner of the development or a dwelling unit within the development from selling or renting any dwelling unit described in Subsection 12.70.110.E.8.c as housing that is not affordable to households with incomes equal to or less than 80% of the median family income for Washington County or for the State, whichever is greater, for a period of 30 years from the date of the certificate of occupancy;

Within 14 days after the submittal of an application, the Planning Director may require an applicant to submit additional technical reports upon a determination by the Director that:

The scale of the development would likely require traffic safety and other public facility or development site improvements,

The proposal could have significant adverse impacts on Goal 5 resources identified by the Comprehensive Plan,

The proposal would be located on, or could have significant adverse impacts upon natural hazard areas identified by the Comprehensive Plan, or

The proposal would likely result in significant adverse impacts with respect to noise, toxic or noxious matter, vibrations, odors, heat, glare, air pollution, wastes or other objectionable effects within the development site or immediate surrounding areas;

Upon written request by the applicant prior to application submittal, the Planning Director may waive non-jurisdictional application submittal requirements that in the Director's opinion are not necessary to document the application's compliance with applicable and relevant criteria and development standards. The Director may also modify application requirements based on the nature of the proposed application, development, site, or other factors. Any such waiver must be specifically approved by the Planning Director in writing prior to submittal.

Determination of Completeness and Commencement of Review.

To be deemed complete, an application must include all materials, information and fees listed in Subsections 12.70.110.D.1 through 8, unless a specific waiver has been granted by the Planning Director under Subsection 12.70.110.D.9.

The Planning Department shall review the application submittal and advise the applicant in writing whether the application is complete or incomplete within 30 days after the City receives the submittal.

If the application is deemed complete, the completeness notice shall advise the applicant of the commencement of application review and the date of the public hearing if required by the particular application.

Determination that an application is complete indicates only that the application is ready for review on its merits, not that the City will make a favorable decision on the application.

If an application was complete when first submitted, approval or denial of the application shall be based on the Code standards and criteria that were in effect at the time the application was first submitted.

Pursuant to ORS 227.178, the City will reach a final decision on an application within 120 days from the date the application is determined to be or deemed complete unless the applicant agrees to extend the 120 day time line or unless State law provides otherwise.

Pursuant to ORS 227.178, the 120 day timeline may be extended at the written request of the applicant. The total of all extensions may not exceed 245 days beyond the first 120 day extension, or 365 days from the date the application was deemed complete.

At the written request of the applicant, notwithstanding Subsections 12.70.110.E.6 and 7, the City will reach a final decision on an application qualifying under paragraphs a through d of this subsection within 100 days from the date the application is determined to be or deemed complete unless the applicant agrees to extend the 100 day time line or unless State law provides otherwise. An application qualifies for final action within the timeline described above if:

The application is submitted to the City under ORS 227.175;

The application is for development of a multiple dwelling structure containing 5 or more dwelling units;

At least 50% of the dwelling units included in the development will be sold or rented as housing that is affordable to households with incomes equal to or less than 80% of the median family income for the county in which the development is built or for the State, whichever is greater; and

The development is subject to a covenant appurtenant that restricts the owner and each successive owner of the development or a dwelling unit within the development from selling or renting any dwelling unit described in paragraph c of this subsection as housing that is not affordable to households with incomes equal to or less than 80% of the median family income for the county in which the development is built or for the state, whichever is greater, for a period of 30 years from the date of the certificate of occupancy.

Determination of Incompleteness.

If an application is determined to be incomplete, that determination shall be based solely on failure to pay required fees, failure of the applicant's narrative to address the relevant approval criteria or development standards, or failure to supply the required information listed on the application checklist. A determination of incompleteness shall not be based on differences of opinion as to the quality or accuracy of the application.

If an application is deemed incomplete, the incompleteness notice shall list what information is missing and allow the applicant to submit the missing information. The incompleteness notice shall also include a statement to the applicant of the need to indicate to the Planning Director whether or not the applicant intends to amend or supplement the application.

If an application is deemed incomplete upon initial submittal, it shall be deemed complete for purposes of this section when the City receives the following:

All of the missing information listed in the completeness notice; or

Some of the missing information, together with written notice from the applicant that no other information will be provided; and a request to proceed with review of the application; or

Written notice from the applicant that none of the missing information will be provided, and a request to proceed with review of the application.

If the applicant submits the additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based on the Code standards and criteria that were in effect at the time the application was first submitted.

The application will be deemed void if it has been on file with the City for more than 180 days and the applicant has not submitted, pursuant to paragraph 3 above, some or all of the required additional information and/or a request to proceed with application review.

(Ord. 6275 § 1, 2018; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.120 Conditions of Approval.

Imposition of Conditions. The Review Authority may impose conditions on approvals of any Type I, II, or III land use applications, on approvals of any Zoning Review application, or on approvals of any preliminary subdivision plats for ELD and MHLD applications. The conditions of approval are to ensure that the proposal complies with the relevant approval criteria and the relevant standards of this Code, including standards set out in City overlay districts, master plans, and adopted design standards, and to mitigate the impacts of the development. Such conditions may include, but are not limited to, the following depending on the type of application.

All Type I, II, III Land Use Applications, Zoning Review Applications, and ELD Preliminary Partition Plat Applications.

Landscaping;

Screening or fencing;

Off-street parking;

Joint use/access agreement;

Access limitations;

Street dedication abutting/within the development area;

Street improvements abutting/within the development area;

Utility easements;

Improvement agreements for the installation of necessary on-site public facilities;

Storm drainage improvements;

Off-site public improvements when the proposed development or redevelopment will contribute to the need for such off-site public improvements;

Financial assurances;

Payment of fee-in-lieu of improvements of public infrastructure, if approved by the Review Authority; and/or

Waiver of remonstrance against the formation of a local improvement district, where the review authority deems such a waiver necessary to provide needed improvements to serve the proposed development.

MHLD Preliminary Partition/Subdivision Plats Applications.

Separate utilities for each dwelling unit and associated utility easements;

Pedestrian access easements to private or public roads;

Access easements for common use areas, shared building elements, and dedicated driveways or parking;

Street dedication and/or improvements abutting a resulting child lot or parcel per Subsection 12.80.099.D.1.d;

Storm drainage improvements;

Require that notations appear on the final plat indicating all of the following:

The approval was given under ORS Chapter 92,

ii.

The type of middle housing on approved on the subject site and noting that this middle housing type shall not be altered by the MHLD,

iii.

ADUs are not permitted on child lots or parcels resulting from a MHLD, and

iv.

Further division of the resulting child lots or parcels is prohibited.

Request for Conditions by Applicant. In addition to the conditions imposed pursuant to subsection A above, an applicant may request conditions of approval from the Review Authority. Conditions requested by the applicant are valid and enforceable when the applicant accepts the condition by:

Requesting the condition in the Record (as defined in Section 12.01.500) before the Review Authority;

Consenting to the condition in writing or on the Record;

Submitting plans or other application materials reflecting compliance with the condition that are reviewed and approved by the Review Authority; or

Allowing the decision to become final without appealing the requested condition.

Nexus and Proportionality of Conditions. All conditions imposed by the Review Authority must have a clear nexus with the development's impacts. Certain conditions must also be proportional to the development's impacts if the conditions affect interests in real property.

Challenge to Condition(s). If an applicant asserts that he/she cannot legally be required, as a condition of land use approval, to provide improvements or real property interests at the level required by this Code, the applicant shall provide a "development impact analysis" report, prepared by a qualified civil or traffic engineer, as appropriate, showing:

The estimated extent to which the improvements will be used by persons served by the building or development, whether the use is for safety or for convenience;

The estimated level of improvements needed to meet the estimated extent of use by persons served by the building or development;

The estimated impact of the building or development on the public infrastructure system of which the improvements will be a part; and

The estimated level of improvements needed to mitigate the estimated impact on the public infrastructure system.

Development Impact Analysis Consideration. The development impact analysis shall be considered by the Review Authority in making a determination whether the condition(s) and required improvements are reasonably related and roughly proportional to the impacts of the proposed development.

Assurance of Compliance with Conditions. A bond, cash deposit, or other security in an amount sufficient to ensure compliance with a condition of approval, and in a form acceptable to the City, may be required from the applicant. Such security shall be posted prior to the issuance of the appropriate construction permit. The City may also require an applicant to sign or accept a legal and enforceable covenant, contract, dedication, easement, performance guarantee, or other document, which shall be approved in form by the City Attorney.

Modification of Conditions. Modification of conditions of approval may be sought by any of the following methods:

Upon appeal of the original application, pursuant to Subsection 12.70.180.E;

In the case of a Planned Unit Development, Development Review, or a Land Division, through application for a modification of the conditions of approval pursuant to Section 12.80.100; or

As a new development application, processed through the same procedure which imposed the original conditions.

Violation of Conditions of Approval. Failure to fulfill any conditions of approval within any time limits provided shall constitute a violation of this Code and the subject approval will be subject to code enforcement proceedings. Enforcement proceedings may include revocation of the approval.

(Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.130 Effective Date of Decision.

Land use action and permit decisions shall become effective the day after the appeal period expires if no appeal is filed. For purposes of this section, Type IV legislative amendments are not considered a land use action or a permit.

If an appeal is filed on a land use action or permit decision, the decision shall become final and effective upon the date of the written decision of the final local appeal body.

Each land use action or permit shall specify the approval granted or development authorized and shall be subject to the standards and conditions set forth in this Code, together with any conditions imposed by the Review Authority, excepting only those variances or exceptions authorized by the review authority.

Type IV legislative actions shall become effective on the date specified in the adopting ordinance.

(Ord. 6120 § 1, 2015; Ord. 6401 § 1, 2022)

§ 12.70.140 Expiration of Decision.

Unless a different period of time is established within the Decision, or under subsection D below, a land use action or permit granted pursuant to this subchapter expires and becomes void automatically as provided under Table 12.70.140-1 unless one of the following circumstances has occurred:

With the exception of a land use decision that includes a preliminary plat, substantial construction has begun in compliance with the land use action, permit approval, or Zoning Review approval; or

The approved land use has begun and is continuing operation in compliance with any applicable conditions of approval; or

An approved partition or subdivision plat has been recorded prior to the expiration date of the approved preliminary plat or application with consolidated preliminary plat; or

A first or second extension application has been filed pursuant to Section 12.70.150; or

A multi-phase project extension has been approved pursuant to Section 12.70.150; or

A modification decision has been approved prior to expiration of the primary decision which changes the expiration date of the primary decision. This option is available if a change to the expiration date is secondary to the primary purpose of the modification decision.

If multiple applications are processed concurrently, the Review Authority shall specify in the Notice of Decision a uniform expiration period for the concurrent applications.

If a final local decision is on appeal, the effective date of the decision and corresponding valid period before expiration shall begin when the final decision is issued on the appeal.

Exceptions.

A Zone Change or Comprehensive Plan Amendment processed under Section 12.80.160 is not subject to expiration or extension.

Approval of a Zoning Review application processed under Section 12.80.170 is valid for a period of one year.

Approval of a preliminary plat for an ELD or MHLD processed under Subsections 12.80.099.C and D is valid for a period of three years.

Table 12.70.140-1: Expiration and Extension of Land Use Action and Permit Decisions
		Decision Expiration¹	First Extension	Second Extension	Multi-Phase Project Extensions
Approval Criteria		Varies	See Subsection 12.70.150.B	See Subsection 12.70.150.C	See Subsection 12.70.150.D
Review Authority		Varies	Planning Director	Planning Director	Same as Original Review Authority
Decision	Type I	2 years	Not permitted
	Zoning Review	1 year	Not eligible for extension per CDC Section 12.70.150.E
	Middle Housing Land Division	2 years	Not eligible for extension per CDC Section 12.70.150.E
	Expedited Land Division	3 years	Not eligible for extension per CDC Section 12.70.150.E
	Type II	2 years	2 years	2 years	Varies
	Type III	2 years	2 years	2 years	Varies
	Modification Prior to Complete Implementation of Decision	Not Applicable	Modification subject to original approval’s expiration date unless otherwise conditioned within Modification decision.
	Modification Post-Implementation of Decision	2 years	2 years	2 years	Varies

¹	Calculated from the effective date of decision as specified in Section 12.70.130.

(Ord. 6149 § 1, 2015; Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6465 § 2, 2024)

§ 12.70.150 Extension of Decision.

Written Request for Extension Required. A written request to extend the expiration date of a decision made pursuant to this Code must be filed before the decision expires.

First and Second Extensions. A maximum of two extension requests may be granted by the Review Authority for the applicable periods of time as specified in Table 12.70.140-1. If granted, an extension is vested against any Code changes adopted since the original decision. The first and second extensions are subject to the following approval criteria:

The extension is necessary because it is not practicable to complete development, or record the final plat, within the allowed time for reasons beyond the applicant’s reasonable control; and

There have been no significant changes in the development or traffic patterns in the immediate vicinity of the project site since the initial approval; and

There have been no changes in regulations or statutes that would result in major modifications to the project or conditions of approval if reviewed under the current regulations.

Extensions for Multi-Phase Projects. Extension requests may be granted by the Review Authority as specified in Table 12.70.140-1. At the discretion of the Review Authority, a phasing extension may be vested against Code changes adopted since approval of the original decision. The extension is subject to the following approval criteria:

The extension is necessary because it is not practicable to complete development, or record the final plat(s), within the allowed time for reasons beyond the applicant’s reasonable control; and

The previous land use decision will not be modified in design, use, or conditions of approval; and

There have been no changes in circumstances, applicable regulations or statutes likely to necessitate modification of the previous land use decision or conditions of approval since the effective date of the previous land use decision; and

The revised phasing schedule demonstrates there is less than 10 years between the original approval date and the revised expiration date of the final phase.

Exceptions. Decisions for the following applications are not eligible for extension:

Zoning Review.

Preliminary plat for Expedited Land Division.

Preliminary plat for Middle Housing Land Division.

(Ord. 6149 § 1, 2015; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022; Ord. 6451 § 1, 2023; Ord. 6465 § 2, 2024)

§ 12.70.160 Public Hearings.

Purposes. The purposes of this section are:

To describe rules of conduct, order of proceedings, and action required for legislative and quasi-judicial hearings; and

To provide clear and consistent rules to ensure the legal rights of individual property owners and the general public are protected.

Applicability. The provisions of this section shall apply to all proceedings on land use applications requiring public hearings under the procedures of this subchapter.

Responsibilities of the Planning Director for Public Hearings. For all land use applications requiring public hearings, the Planning Director shall:

Schedule the land use application for review and public hearing before the appropriate review authority as required by Table 12.70.020-1;

Provide public notice of the public hearing or appeal hearing as provided in Subsections 12.70.050.F and G; 12.70.060.F and G; or 12.70.180.E;

Prepare and make available to the public a staff report summarizing the proposal, the relevant criteria and issues, and any comments received prior to the public hearing;

Mail notice of the decision to those entitled to such notice as specified for the particular application procedure type;

Maintain a record of the proceedings; and

Prepare minutes of the proceedings, including the decision on the matter heard.

Provision of Public Notice. Notice of public hearings issued by mail, by site posting, and/or by publication in a newspaper of general circulation in the City shall be provided for Type II, III, or IV applications or appeals as specified in the applicable section of this Code, based on the procedure type.

Compliance with Notice Requirements.

Mailed notice shall be deemed to have been provided upon the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure of the addressee to receive such notice shall not invalidate the proceedings if it can be demonstrated by affidavit that such notice was given.

Published notice shall be deemed to have been provided on the date when the notice appears within a newspaper of general circulation within the City of Hillsboro.

Rules of Procedure. Public hearings shall be conducted in accordance with the rules of procedure adopted by the applicable Review Authority, if any, and with applicable State law.

Procedural Rights. Subject to the specific standards and limitations set forth in this Code, the following procedural rights shall be provided at the public hearing:

A reasonable opportunity for those persons participating in the decision to present and rebut evidence; and

An impartial review authority.

Review Authority Disclosures. Prior to the beginning of a public hearing, the Review Authority members shall disclose any ex parte contacts, biases or conflicts of interest.

Review Authority members shall disclose the substance of any significant pre-hearing ex-parte contacts regarding the application as early as reasonably possible during the public hearing on the application, so that persons wishing to participate in the hearing have an opportunity to respond. The member shall state whether the contact has impaired his/her impartiality or ability to vote on the matter and shall participate or abstain accordingly.

A member of the Review Authority shall not participate in any proceeding or action in which member has an actual conflict of interest as defined in State law. Any actual or potential conflicts of interest shall be disclosed at the meeting of the Review Authority where the action is being taken.

A review authority member may be disqualified due to actual conflicts of interest or actual bias based on a motion if a majority of the review authority members present and voting approve such a motion. The member who is the subject of the motion may not vote.

Presentations.

The Review Authority may set reasonable time limits for oral presentations. The Review Authority may choose not to receive cumulative, repetitious, immaterial, derogatory or abusive testimony. Persons may be required to submit written testimony in lieu of oral testimony.

No testimony shall be accepted after the close of the public hearing unless the Review Authority sets a deadline for receipt of such testimony and provides an opportunity for review and rebuttal prior to making a decision.

Counsel for the Review Authority may be consulted on legal or procedural issues without reopening the public hearing. Objections alleging that counsel is discussing or testifying as to factual matters shall be heard at the discretion of the Review Authority.

Staff may confer with the Review Authority after the close of the record on technical review or procedural matters, but may not engage in argument or present additional evidence.

The presiding officer shall preserve order at all public hearings and shall decide questions of order subject to a majority vote of the Review Authority. Persons who become disruptive or abusive may be removed from the hearing.

Continuance of Public Hearing. Public hearings may be continued in accordance with the rules of procedure adopted by the applicable Review Authority, if any, and with applicable State law.

Evidence and Argument. Evidence and argument shall be received and reviewed in accordance with the rules of procedure adopted by the applicable Review Authority and with applicable State law.

Burden of Proof. Except for Type IV legislative proceedings, the applicant shall bear the burden of proof that the proposal complies with all applicable approval criteria and development standards.

Action by Review Authority Following Public Hearing.

An action of the Review Authority on a land use application or appeal may be to:

Approve the application as submitted or uphold the appeal;

Approve the application with conditions or uphold the appeal with conditions;

Approve the application with modified conditions or approve the appeal with modified conditions; or

Deny the application or the appeal.

Findings in support of any decision shall be made in accordance with the Review Authority's adopted rules of procedure and with applicable State law.

Record.

Absent mechanical failure or inadvertent error, a verbatim written or mechanical record of the hearing shall be made. In addition, written minutes accurately citing the statements of the participants shall be taken. Such minutes may substitute for a verbatim record in the event of mechanical failure or inadvertent error.

An interested party may request a verbatim transcript of the recorded proceedings before the Planning Commission or the Planning and Zoning Hearings Board on the matter. Requests for transcripts shall be accompanied by a deposit separate from the appeal fee, as specified in the adopted fee schedule. The City shall maintain an accurate record of the costs of the transcript preparation, and any unexpended portion of the deposit or additional amount due shall be refunded to or payable by the interested party.

(Ord. 6401 § 1, 2022)

§ 12.70.170 Public Hearings on Cases Remanded from LUBA.

The procedures in this section shall be used for hearings involving cases either voluntarily or involuntarily remanded from the Land Use Board of Appeals (LUBA).

Upon receipt of the remand Opinion, the Planning Director shall present the Opinion directly to the City Council. The Director shall inform the City Council of the nature of the remand, and the Council shall make a formal decision regarding procedures prior to any hearing to decide the matter. The Council may decide to do any of the following:

Send the matter to a lower review authority (e.g., Planning and Zoning Hearings Board or Planning Commission); or

Set a date to decide the matter without re-opening the public hearing on the case; or

Set a hearing date and re-open the public hearing for consideration.

When considering a remand, the Review Authority may consider the case in whole or in part.

Procedures for public notice and order of proceedings for remands shall comply with Section 12.70.160. In cases where a public hearing is held, required notices shall be mailed a minimum of 20 days in advance of any public hearing on the remand.

If requested by the applicant, City of Hillsboro decisions remanded from LUBA shall be heard and decided within the time frame required by State law.

(Ord. 6401 § 1, 2022)

§ 12.70.180 Appeals.

In General. Table 12.70.020-1 identifies the decision authority and appeal authority for each application type. A decision on a Type I permit may be appealed only by the applicant. A decision on a Type II or certain Type III application may be appealed as provided in Table 12.70.020-1. There is no local appeal of Type IV, and certain Type III decisions. Appeal provisions for applications subject to alternative review procedures are specified in Section 12.70.025.

Notice of Appeal. Where the appeal authority is the City, Notices of Appeal shall be filed with the Planning Director within 15 days of the mailing date of the written Notice of Decision. At a minimum, the Notice of Appeal shall include the following items:

Identification of the decision being appealed, including the case file number, the Review Authority which made the decision, and the date of the Decision;

Documentation that the appellant was a party to the initial proceedings;

A detailed statement on the basis of the appeal, including which approval criteria, development standards, or conditions of approval were allegedly improperly evaluated or applied to the decision; and

Payment of the appropriate fee, as established by City Council resolution.

Failure to File Notice of Appeal. Failure to file a notice of appeal that fully complies with subsection B above, by 5:00 p.m. on the due date, with the fee specified in the Notice of Decision, shall be a jurisdictional defect.

Request for Transcript. Pursuant to Subsection 12.70.160.N.2, the appellant or any interested party may request a verbatim transcript of the recorded proceedings before the Planning Commission or the Planning and Zoning Hearings Board on the matter.

General Procedures Applicable to All Appeals.

Public Hearing Required for Appeals. Appeal hearings before the appropriate review body as specified in Table 12.70.020-1 shall be conducted in accordance with the public hearing provisions in applicable State law and in Section 12.70.160 of this Code.

Notice of Public Hearing on Appeal. Notices of appeal hearings shall be sent in accordance with the notification requirements for the procedure type of the application under appeal, in Subsection 12.70.040.F for Type II applications and Subsection 12.70.050.F for Type III applications.

Staff Report. At least 7 days before the date of the appeal hearing, the Director shall prepare and make available to the public a copy of the staff report regarding the appeal. A copy of the staff report and recommendation shall be provided to the appeal body, the applicant and to the appellant. Copies of the staff report shall also be provided at reasonable cost to the public upon request to the Planning Department.

Action of Appeal Body. At the conclusion of the hearing on the appeal, the appeal body shall take 1 of the following actions:

Reverse or affirm the decision under appeal at the conclusion of the initial appeal hearing, with or without conditions or changes; or

Continue the appeal hearing to a date, time, and location certain, which shall be announced by the presiding officer. Notice of the date, time, and location certain of the continued hearing is not required to be mailed or published;

Continue the appeal hearing without announcing a date, time and location certain, in which case notice of the continued hearing shall be provided as was the notice for the initial hearing;

Provisions for continuing an appeal hearing or holding the record open as set forth in Subsection 12.70.160.J shall apply under this Code in a manner consistent with State law.

Written Decision of Appeal Body. After the public record on the appeal closes, a written decision regarding the appeal shall be prepared. The written decision shall contain the following:

A statement of the facts relied upon by the appeal body, which demonstrate the reasons why the decision under appeal is reversed or affirmed based on the applicable criteria and/or standards;

A statement of conclusions based on the findings; and

An explanation of the basis for any changes in the earlier decision:

Denial reversed to approval; with or without conditions;

ii.

Approval changed to denial; or

iii.

Additions, deletions or revisions to conditions of approval.

Mailing Notice of Decision. Following the adoption of a decision by the appeal authority, the Planning Department shall mail the signed and dated decision to the appellant, the applicant, and any other persons who appeared orally or in writing in the record of the appeal.

Specific Provisions for Appeal of a Type I Decision.

A Type I decision may be appealed only by the applicant.

The Director shall mail written notice of the appeal hearing to the applicant/appellant not less than 20 days prior to the appeal hearing.

The appeal hearing shall be "de novo," meaning new evidence and argument can be introduced in writing and/or orally.

The scope of the appeal hearing shall be limited to the approval criteria and/or the conditions of approval, and reasons why a finding and/or condition of approval are or are not in error as a matter of fact and/or law.

The decision of the designated appeal body for appeal of a Type I decision is the final City decision.

Specific Provisions for Appeal of a Type II Decision.

A Type II decision may be appealed by the applicant or any person who submitted written comments prior to the decision by the Director, pursuant to Table 12.70.020-1 and Subsection 12.70.040.F.

The Director shall mail written notice of the appeal hearing to the parties listed in Subsection 12.70.040.F at least 20 days before the appeal hearing.

The appeal hearing shall be "de novo," meaning new evidence and argument can be introduced in writing and/or orally.

The decision of the designated appeal body for the appeal of a Type II decision is the final City decision.

Specific Provisions for Appeal of a Type III Decision.

A Type III decision may be appealed by the applicant or any person who participated by providing either oral or written evidence on the record leading to the decision by the Review Authority. Appeals of Type III decisions may be heard by either the City Council or by the Land Use Board of Appeals: see Table 12.70.020-1.

Unless a de novo hearing is requested and accepted under paragraphs 3 and 4 below, the appeal hearing of a Type III decision shall be "on the record," meaning a review of the record with the right of argument, but without submittal of new evidence. The record shall include the following information:

A factual report prepared by the Planning Department;

All exhibits, materials, pleadings, memoranda, stipulations, and motions submitted by any party and reviewed or considered in reaching the decision under review; and

The minutes and/or transcript (if any) of the hearing below and a detailed summary of the evidence; and

A recommendation by the Planning Director.

A party to an appeal, or the Planning Director, may request that the City Council conduct a de novo hearing on the appeal. If made by the appellant, the request must be included in the Notice of Appeal pursuant to Subsection 12.70.180.B. If made by any other party including the Planning Director, the request must be made no more than 7 days after the deadline for filing the notice of appeal has expired. A request for a de novo hearing on appeal must indicate the reasons for the request without addressing the merits of the land use action. When practicable, the party requesting the de novo hearing shall advise the other parties to the appeal and attempt to gain their consent to the de novo hearing.

A request for a de novo appeal hearing shall be decided by the City Council as a non-public hearing item. The City Council may grant the request upon findings that:

A de novo hearing is necessary to fully and properly evaluate a significant issue relevant to the proposed development action;

The substantial rights of the parties will not be significantly prejudiced; and

The request is not necessitated by improper or unreasonable conduct of the requesting party or by a failure to present evidence that was available at the time of the initial Type III public hearing.

The Director shall mail written notice of the appeal hearing to the parties listed in Subsection 12.70.050.F at least 20 days prior to the appeal hearing. The written notice shall include the date, time and place of the public hearing, and shall specify whether the hearing on appeal will be on the record or de novo.

The decision of the City Council on the appeal of a Type III decision shall be the final City decision.

Withdrawal of an Appeal.

At any time before the close of an appeal hearing held by any Review Authority, any appellant may withdraw his/her appeal. Withdrawal of the appeal is subject to the following:

If requested before the hearing, the withdrawal must be submitted in writing;

Any unexpended portion of the appeal fee will be refunded only if the withdrawal is received before the public notice of the hearing has been sent; and

Where multiple people or parties sign and file a single Notice of Appeal, all the parties must consent to the withdrawal of the appeal.

A withdrawn appeal cannot be re-filed by any party.

If all appeals in a matter are withdrawn, no decision by the Review Authority is necessary.

If all appeals are withdrawn, the Planning Department shall issue a Notice of Appeal Withdrawal to the applicant, the appellant, and the parties listed in Subsection 12.70.050.F. The Notice of Appeal Withdrawal shall specify the new effective date of the original decision to be the date of the withdrawal of the appeal(s).

(Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6401 § 1, 2022)

§ 12.70.200 Transportation Studies.

Purposes. This Section establishes procedures for traffic management plans, traffic impact analyses, and Transportation Planning Rule Compliance Studies. These procedures are necessary to:

Evaluate the identified traffic impacts of proposed development, including traffic capacity and traffic safety;

Identify potentially adverse impacts; and

Determine the need for transportation services and improvements related to the development.

Applicability. Land use applications shall provide the analyses listed below (or limited elements thereof) as required by the Review Authority and/or an affected Road Authority. Such analyses shall be provided prior to a land use application being deemed complete under Section 12.70.110, unless approved otherwise by the City Engineer.

For Traffic Management Plans: Subsection 12.70.210.A;

For Traffic Impact Analyses: Subsection 12.70.220.A; and

For Transportation Planning Rule Compliance Studies: Section 12.70.230.

In the South Hillsboro Plan District (Subchapter 12.65), the standards of this Section may be superseded by the standards in Section 12.65.910 as specified in that Section.

Terminology and Acronyms. Terms used in this Section are defined in the Highway Capacity Manual 6th Edition and in Section 12.01.500. As used in this Section, "within" means any street, alley, bikeway, intersection, site access, or pedestrian facility interior to the project site, and "adjacent" means any such facility which borders on or abuts any portion of the site and may be impacted as a result of the development. Acronyms used in this Section are listed in Section 12.01.600.

Transportation Studies in General. To comply with the requirements of this Section, transportation studies shall meet the following standards:

Study Components. The analyses listed in subsection B above shall distinguish between the following:

Traffic safety improvements found necessary due to the impacts of the project (or phase thereof); and

Roadway capacity improvements necessary because of the traffic volume generated by the project (or phase thereof).

Software Parameters. The traffic analysis software parameters for signalized, unsignalized, and roundabout intersection performance evaluation shall be in compliance with the Oregon Department of Transportation's Analysis Procedures Manual unless specified by the City Engineer.

Intersection Capacity Determination. Intersection capacity and delay performance and identification of 50th and 95th percentile queue requirements shall be determined for the peak hour and peak 15-minute period using the Highway Capacity Manual 6th Edition unless determined by the City Engineer that traffic simulation would provide more accurate results.

When Intersection Simulation Required. When downstream deficiencies impact upstream operations during the peak 15-minutes of peak hour operations, evaluation of upstream operational performance shall include traffic simulation analysis utilizing SimTraffic, Vissim or alternate software and methodology as approved by the City Engineer. Simulation analysis shall be undertaken to determine intersection movement delays, and average and 95th percentile queue length to determine turn lane storage and channelization requirements, unless otherwise approved by the City Engineer.

Alternative Analysis Permitted. An alternative intersection analysis method may be approved for use at the sole discretion of the City Engineer when the applicant demonstrates that the alternative method will achieve the objectives of this Subchapter.

Safety Improvements Evaluation. Transportation safety mitigation improvements shall be identified based upon an evaluation of the past 5-year available crash history for recurrent deficiencies and an assessment of potential future safety deficiencies including but not limited to an evaluation of traffic signal warrants, turn lane warrants, and turn lane storage lengths required to accommodate the Highway Capacity Manual calculated 50th and 95th percentile queues or the average and 95th percentile queues from simulation.

County/State Roads Included. Upon written request by the County Engineer or ODOT Region 1 Engineer or their designee(s), any off-site improvements identified by the study as affecting a County road and/or the State highway system shall be included under the discretion of the City Engineer.

Proportionality Estimate Required. The transportation study shall include an analysis of the rough proportionality of the estimated impact of the project (or phase thereof) as compared to the safety and capacity improvements identified as required to comply with the standards of this Section.

Signalized Intersection Analysis: Procedures and Standards.

Signal Timing. Signal timing and phasing assumptions in the study shall be included in the study, and are subject to the approval of the Road Authority with management responsibility for the signalized intersection. Signal progression shall also be considered in the analysis.

Standards for Signalized Intersections. The impacts of development on a signalized intersection shall identify mitigation necessary to maintain the following standards:

The peak hour Volume-to-Capacity (V/C) ratio for each lane group shall be no greater than 0.99 unless approved otherwise by the City Engineer. If the intersection is under County or ODOT jurisdiction, the V/C ratio shall not exceed the standards imposed by that jurisdiction or the City standards, whichever is more restrictive.

Peak hour intersection control delay shall be maintained at 80 seconds per vehicle or less, using a signal cycle length not to exceed 120 seconds, unless a greater cycle length is approved by the Road Authority with management responsibility for the signalized intersection.

In the event existing control delay or V/C ratio of an intersection exceeds the standards of this subsection, the impacts of development shall be mitigated to maintain or reduce the respective control delay or V/C ratio to pre-development conditions, unless approved otherwise by the City Engineer.

Limitations on Mitigation. Intersection mitigation improvements shall not assume lane improvements by approach greater than 2 left turn lanes, 2 through lanes, and 2 right turn lanes unless otherwise approved by the Road Authority. Use of supplemental auxiliary lanes may be considered with approval of the Road Authority where operational analysis identifies their need to facilitate safe and efficient traffic operations.

Unsignalized Intersection Analysis: Procedures and Standards.

Signal Warrant Analysis. If the existing control delay or V/C ratio of an intersection approach lane group is greater than the standards in Subsection 12.70.200.F.2, a gap availability study, an alternative access route study, and/or signal warrant analysis shall be completed to establish the appropriateness of intersection signalization.

Standards for Unsignalized Intersections. The impacts of development on a unsignalized intersection shall identify mitigation necessary to maintain the following standards:

Peak hour V/C ratio for each lane group shall be no greater than 0.99 unless otherwise approved by the City Engineer. If the intersection is under County or ODOT jurisdiction, the V/C ratio shall not exceed the standards imposed by that jurisdiction or the City standards, whichever is more restrictive.

Peak hour control delay by the intersection leg approach lane shall be maintained at 50 seconds per vehicle or less, unless approved otherwise by the City Engineer.

Roundabout Intersection Analysis: Procedures and Standards.

Determining Control Delay. Roundabout control delay shall be determined utilizing a methodology approved by the City Engineer and as more particularly described in Oregon Department of Transportation's Analysis Procedures Manual.

Capacity for Each Lane Group to be Identified. The V/C ratio for each lane group shall be identified and considered in the determination of intersection performance.

Standards for Roundabout Intersections. The impacts of development on a roundabout intersection shall identify mitigation necessary to maintain the following standards:

Peak hour control delay by lane group at 50 seconds per vehicle or less, unless otherwise approved by the City Engineer.

Peak hour V/C ratio for each lane group at 0.99 or less unless otherwise approved by the City Engineer. If the intersection is under County or ODOT jurisdiction, the V/C ratio shall not exceed the standards imposed by that jurisdiction or the City standards, whichever is more restrictive.

In the event existing control delay or V/C ratio of a roundabout exceeds the standards of this subsection, the impacts of development shall be mitigated to maintain or reduce the respective control delay or V/C ratio to pre-development conditions, unless approved otherwise by the City Engineer.

Transportation Studies as Basis for Mitigation. The Review Authority shall require appropriate safety, capacity, and roadway improvements within or adjacent to the project (or phase thereof) if the Traffic Management Plan, Traffic Impact Analyses, Transportation Planning Rule Compliance Study, or analysis performed by the City Engineer or their designee indicates that on-or off-site mitigation is necessary to meet the standards listed below.

On-Site and Adjacent Mitigation. Appropriate safety, capacity, and roadway improvements within or adjacent to the project or phase of a project if the Transportation Study indicates that any of the following thresholds are met as determined by the City Engineer or Road Authority:

The project or phase of a project will cause unsafe conditions at site accesses or on the roadways or at intersections within or adjacent to the project or phase of a project;

The required peak hour V/C ratio or required delay for an approach lane group will be exceeded for any impacted site access, intersection, or roadway within or adjacent to the project;

The proposed off-street parking is insufficient and will increase off-site parking in adjacent neighborhoods or on the adjacent road or street system; or

Traffic calming measures beyond those proposed by the applicant are necessary to address safety concerns.

Off-Site Mitigation. Appropriate safety, capacity, and roadway improvements not within or adjacent to the project or phase of a project if the Transportation Study or analysis performed by the City Engineer or their designee indicates that any of the following thresholds are met:

The project or phase of a project will contribute toward the need for safety improvements at intersections or on the roadway system other than within or adjacent to the project (known as the "off-site impact area"), or

The peak hour V/C ratio or control delay for any such impacted intersection or roadway segment within the off-site impact area is projected to exceed the standards defined in subsections E, F, and G as a result of the project or phase of a project.

Construction of Off-Site Improvements Required.

The Review Authority may condition approval of the land use application to require either the construction of, or payment of a proportionate financial share towards construction of, off-site capacity and/or safety improvements necessary to eliminate the unsafe condition identified in the study and return the street/roadway segment and/or intersection to compliance with required performance standards defined in subsections E, F or G above.

Upon written request by the County Engineer or ODOT Region 1 Engineer or their designee(s), off-site improvements identified by the study as affecting a County road and/or the State highway system may be made a part of the Review Authority's conditions of approval.

Approval or Denial on Basis of Off-Site Mitigation Construction.

If any of the following circumstances exist, the Review Authority shall either deny the land use application or condition the approval as specified in paragraphs 2 through 4 below:

Construction of the identified off-site improvements within the Study Area will not be guaranteed by the applicant or by the City and/or the County as provided in paragraph H.3 above;

A traffic safety hazard is created or exacerbated on any street, roadway segment, or intersection within the impact area as a direct result of the project (or phase thereof); or

The V/C ratio exceeds the standards in subsections E, F, or G on any street, roadway segment, or intersection within the impact area as a direct result of the project (or phase thereof).

If any of the circumstances cited in paragraph 1 above exist, approval of the land use application(s) may include a condition or conditions stipulating that only the portion or phase(s) of the proposed project which can be constructed without exceeding the acceptable performance standard may be built under the current approval.

In the case of transportation facilities that are already failing, any improvements shall either mitigate back to pre-project levels, or shall only be allowed to build that portion of the or phase(s) of the project that can be mitigated back to pre-project levels.

If the Review Authority restricts construction under paragraph 2 or 3 above, an applicant may apply for approval of additional portions or subsequent phases of the project when traffic and street conditions have changed to the degree where the remainder of the project or phase of a project can meet the safety and performance standards cited in this Section. Any such application shall be accompanied by the appropriate transportation study as otherwise required in this subsection, and will be processed in the same manner as the original application.

Applicant's Election to Provide Transportation Mitigation.

On their own initiative, an applicant may propose (either alone or in conjunction with other parties) to construct and/or finance the construction of identified off-site improvements beyond the limits described in subsection I above if such improvements would mitigate identified traffic safety hazards or achieve an acceptable V/C ratio.

If such a proposal is made by the applicant, the Review Authority may approve the application provided the off-site improvements are guaranteed by methods acceptable to the City Attorney and to the City Engineer and are completed prior to any occupancy within the project (or phase thereof).

(Ord. 6110 § 9, 2015; Ord. 6294 § 1, 2019; Ord. 6393 § 1, 2021; Ord. 6401 § 1, 2022; Ord. 6414 § 1, 2022)

§ 12.70.210 Traffic Management Plan.

Threshold. Where a proposed development would add 20 or more trips in any hour onto a residential street, but does not trigger the need for a Traffic Impact Analysis, a Traffic Management Plan acceptable to the City Engineer shall be included in the application submittal. In this case, a residential street is any portion of a street classified as a Local Residential Street or Neighborhood Route and having abutting property zoned single family residential (see Subchapter 12.21).

Engineering Certification. The Traffic Management Plan shall be prepared and certified by a traffic engineer or civil engineer licensed in the State of Oregon.

Study Area. The Traffic Management Plan Study Area shall include:

Site access points;

Intersections and roadway links along the site frontage(s) (both sides of the street) and extending out to the nearest intersection with a collector or arterial; and

The City Engineer may identify additional locations for study if existing traffic operation, safety, or performance is marginal or substandard.

Plan Components. For each development application for which a Traffic Management Plan is required, the plan shall identify:

Description of Proposed Development. The Traffic Management Plan shall provide a comprehensive project description including but not limited to the following:

Vicinity map;

Site plan;

Project phasing; and

Time schedule.

Existing Conditions. The Traffic Management Plan shall provide an evaluation of existing conditions and include maps and/or tables displaying the following information for the Study Area and any additional locations previously identified by the City Engineer:

Street system including street names and functional classifications;

Pavement and shoulder widths; and

Multi-use paths, sidewalks, and accessways.

The hours during which the added trips from the development are forecast to be 20 or more vehicles per hour.

The existing volume of trips on the residential street during each of those same hours.

The volume of trips that the development is forecast to add on the residential street during each of those same hours.

An estimate of existing and proposed Average Daily Traffic and peak hour traffic on roadway Links between the development site and the nearest Collector or Arterial roadway.

The recommended traffic management strategies designed to City standards to mitigate the multi-modal traffic safety impacts of the increased trips attributed to the development. Potential traffic management strategies include, but are not limited to, any combination of curb extensions, intersection treatments, pedestrian and bike facility improvements, street improvements, and traffic control devices.

(Ord. 6401 § 1, 2022)

§ 12.70.220 Traffic Impact Analysis.

Thresholds. For each development proposal that exceeds any of the analysis thresholds listed below, the land use application for land use or design review approval shall include a Traffic Impact Analysis, based on the type and intensity of the proposed land use change or development and its estimated level of impact to the existing and future local and regional transportation systems.

A Traffic Impact Analysis is required when the proposed land use change or development will generate 400 or more additional average daily vehicle trips to the adjacent roadway system after trip deductions for previous use that operated on the site and trips utilizing transit, walking, or bicycling; or

A Traffic Impact Analysis is required when the proposed land use change or development will generate more than 50 peak hour vehicle trips to the adjacent roadway system after trip deductions for previous use that operated on the site, internal capture trips, pass-by trips, and trips utilizing transit, walking, or bicycling; or

A Traffic Impact Analysis or some elements of a Traffic Impact Analysis may be required when the volume threshold under paragraph 1 above is not met, but the City Engineer finds that the traffic impacts attributable to the development have the potential to significantly impact the safe and efficient operation of the existing public transportation system.

Engineer Certification. The Traffic Impact Analysis shall be prepared, certified, stamped, and signed (wet ink or digital) by a traffic engineer or civil engineer licensed in the State of Oregon.

Scoping Memorandum. Prior to preparation of the Traffic Impact Analysis, the applicant shall obtain from the City Engineer a list of In-Process developments and associated trip generation where available for consideration in the Traffic Impact Analysis. The applicant shall submit a memorandum to the City Engineer and affected Road Authorities detailing the proposed scope of the analysis including the proposed Study Area, development and phasing schedule, trip generation, trip reduction assumptions, trip distribution, trip assignments, and analysis methodology. The City Engineer in consultation with the affected Road Authorities shall determine whether the scope of the analysis, analysis methodology, and associated Traffic Impact Analysis assumptions are adequate.

Study Area. The Traffic Impact Analysis Study Area for land use change or developments shall analyze the following intersections/access points:

Site access points;

Intersections along the site frontage(s) (both sides of the street) and extending out from the site on fronting streets to a distance of 600 feet;

Any contiguous or non-contiguous road link at an Arterial, Collector, or Neighborhood Route intersection where traffic generated by the proposed development equals or exceeds 10% of the Background Traffic, as defined in Section 12.01.500; and

The City Engineer may identify additional locations for study if existing traffic operation, safety, or performance is marginal or substandard.

Contents of the Traffic Impact Analysis. The Traffic Impact Analysis shall contain the following information organized in a logical format:

Executive Summary. An Executive Summary of no more than 4 single-sided pages shall be included at the beginning of the Traffic Impact Analysis report. The Executive Summary shall summarize the analysis and conclusions and identify recommended transportation improvements.

Description of Proposed Development. The Traffic Impact Analysis shall provide a comprehensive project description including but not limited to the following:

Vicinity map;

Site plan;

Project phasing;

Time schedule;

Intended use of the site, including the range of uses allowed without additional land-use approvals; and

Intensity of use.

Existing Conditions. The Traffic Impact Analysis shall provide a complete evaluation of existing conditions and include maps and/or tables displaying the following information for the Study Area and any additional locations previously identified by the City Engineer:

Street system including street names and functional classifications;

Pavement and shoulder widths;

Multi-use paths, sidewalks, and accessways;

Striping and channelization;

Driveways (both sides of streets for site frontage plus 600 feet minimum in each direction);

Designated Freight Routes;

Intersections;

Traffic volumes;

Existing traffic shall be measured within 12 months prior to the land use application submittal date for the morning and afternoon peak periods. Mid-day period shall also be provided if the peak traffic period for the existing street, the proposed development, or the composite of both is greater than the morning and afternoon peak periods.

ii.

Traffic volumes shall be based on data from a typical Tuesday through Thursday weekday of a week without holidays and during which public schools are in session, unless otherwise approved by the City Engineer. In addition, data shall be provided for weekends if weekends are the peak traffic period for either the existing adjacent street or the proposed development.

iii.

Seasonal variations in traffic volumes shall be considered if required by an effected Road Authority.

Existing intersection performance indicators including Volume to Capacity (V/C) ratio, control delay, and 95th percentile queue length;

Transit information including existing stop and shelter locations, route numbers, headways, pull outs, and times of service; planned transit routes and service frequency; and

Crash data for the most recent 5-year period, including but not limited to Safety Priority Index System (SPIS) data, for which reported collision data is available.

Traffic Forecasts. The Traffic Impact Analysis shall provide forecasts of future traffic within the Study Area and any additional locations previously identified by the City Engineer. Traffic forecasts shall be provided for the Buildout Year as defined in Subsection 12.70.220.E.4.a. The report shall include complete documentation of trip generation calculations including Institute of Transportation Engineers (ITE) Trip Generation (11th Edition) use code(s) or an alternative basis of trip generation approved by the City Engineer, and the rationale for using the alternative.

Build-Out Year Analysis. Buildout Year forecasts shall be based upon Total Traffic at the time of anticipated completion and occupancy of each phase of the development and at the time of completion and occupancy of the entire development. The City shall provide traffic information on other developments to consider in the calculation of In-Process Traffic.

Traffic Forecast Analysis Assumptions.

Trip Generation. Estimates of the proposed development's trip generation shall be made for peak period traffic. Selection of the peak period used in the analysis shall be justified and shall consider, at a minimum, the peak period for the proposed development and the peak period for surrounding streets. The City Engineer may require review of other time periods based on known or anticipated marginal or substandard traffic capacity or traffic safety. Trip generation estimates shall be based on ITE's Trip Generation 11th Edition. The City Engineer may approve different trip generation rates when trip generation rates are not available in ITE's Trip Generation or different rates are justified. Consideration of trip generation rate reductions due to alternative mode use, mixed land use interaction, and transportation demand management methods shall be approved by the Review Authority.

ii.

Trip Distribution and Assignment. Traffic generated by the proposed development shall be logically distributed and assigned according to professional accepted practice to the street system within the Study Area and any additional locations previously identified by the City Engineer. Trip distribution and assignment shall be based on trip distribution information from Washington County, ODOT, Metro, analysis of local traffic patterns based on data less than 12 months old, or on an alternative data source approved by the City Engineer.

Intersection and Highway Interchange Analysis. Intersection and highway interchange analysis shall conform to the method for operations analysis described in the Highway Capacity Manual 6th Edition published by the Transportation Research Board and as further described in the requirements of Subsection 12.70.200.C. The analysis shall evaluate the impacts of queuing from adjacent intersections or traffic restrictions and shall consider existing and planned interconnected signal system effects. Analysis of weave and merge conditions may also be required at the sole discretion of the Road Authority.

Traffic Impacts. The Traffic Impact Analysis shall evaluate access, safety, operation, capacity, circulation, level of service, and performance of the transportation system within the Study Area of the proposed development and any additional locations previously identified by the City Engineer for both the Build-Out Year and any phases thereof. Performance analysis shall be based on the methodology requirements and intersection performance standards of Subsection 12.70.200.D through G.

Safety considerations shall be evaluated. Potential safety problems resulting from conflicting turning movements between and among driveways, intersections, and internal traffic shall be addressed. Distance to the nearest driveways on both sides of streets fronting the site and in both directions from site access points shall be shown. On-Site driveway queuing impacts shall be assessed. The potential for shared access with adjacent development shall be assessed.

Geometric design and operational improvements including but not limited to acceleration lanes, deceleration lanes, turning lanes, traffic signals, roundabouts, channelization, and on-site vehicular circulation design shall be considered, evaluated, and recommended when determined necessary by standards and practices adopted by ODOT, Washington County, the City, and as described in Section 12.70.200, or approved by the City Engineer.

Adequacy of sight distance shall be addressed at the proposed road access point(s) for both the existing road configuration and for the ultimate road configuration based on improvements planned for the development and improvements identified in the City's Transportation System Plan and adopted by the Comprehensive Plan. Sight distance shall meet City standards as defined in the City of Hillsboro Design and Construction Standards.

The analysis shall also identify and evaluate related impacts on bicycle, pedestrian, and transit access, circulation, and facilities.

Other operational, circulation, safety, and capacity issues shall be evaluated and addressed as required by this Code and by the City Engineer.

Mitigation Identification. In order to protect the public transportation system from potentially adverse impacts of the proposed development, to fulfill an identified need for public services within the Study Area related to the development, or both, the Traffic Impact Analysis shall identify methods of mitigating on-site and off-site deficiencies for present and proposed phases of the development. The analysis shall make recommendations for improvements necessary for safe and efficient traffic flow and bicycle, pedestrian, and transit movement, and access. Build-Out Year and project phasing impacts shall be considered. The proportional share of impact at all Study Area intersections shall be identified in the Traffic Impact Analysis. Mitigation shall be consistent with improvements identified in the City's Transportation System Plan and adopted by the Comprehensive Plan, unless approved otherwise by the City Engineer or Road Authority. At a minimum, the Traffic Impact Analysis shall consider ultimate planned rights-of-way and additional streets, bicycle, and pedestrian connections and extensions and intersection improvements that are identified in the City's Transportation System Plan. Mitigation measures may also include, but are not limited to, additional street connections and street extensions, turn lanes, signalization, signal modifications, roundabouts, traffic calming measures, installation of medians, shared access and other access management strategies, geometric improvements such as lane geometry improvements, intersection realignments, and transportation demand management methods. Where unsignalized intersections or roundabouts do not meet the minimum intersection performance standards of Section 12.70.200.F, alternative measures shall be evaluated including, but not limited to, signalization, additional street connections or street extensions.

Recommendations. The Traffic Impact Analysis report shall clearly state the mitigation measures recommended by the analysis to address safety deficiencies and measures recommended to address capacity deficiencies, shall summarize how the recommended mitigation measures address the identified impacts, and shall address the rough proportionality and estimated costs of the recommended improvements as compared to the identified traffic impacts. The recommended street and highway safety and capacity mitigation measures shall be shown on a scaled drawing or as a reasonably scaled overlay to an aerial base drawing that depicts existing and recommended improvements.

(Ord. 6110 § 9, 2015; Ord. 6250 § 1, 2017; Ord. 6294 § 1, 2019; Ord. 6393 § 1, 2021; Ord. 6401 § 1, 2022; Ord. 6414 § 1, 2022)

§ 12.70.230 Transportation Planning Rule Compliance Analysis.

Applicability. Compliance with Transportation Planning Rule (TPR) Oregon Administrative Rule (OAR) 660-012-0060 shall be analyzed for any of the following:

Zone Change applications;

Planned Unit Development applications in which increases in residential density or non-residential intensity (as measured by increased lot coverage or building height above the standards of the underlying zone) are proposed;

Community Development Code (CDC) Text Changes affecting uses permitted in a base zone, which may affect future traffic generation from sites in that zone; and

Comprehensive Plan Amendment applications.

If the proposed application meets the criteria for exemption from TPR analysis as cited in the OAR 660-012-0060, TPR Analysis is not required.

Analysis Components. The TPR Analysis must include a comparison for the Forecast Year of the reasonable worst case scenario under existing zoning for the subject property or properties to the reasonable worst case scenario for the proposed Comprehensive Plan Map designation, Zone, Planned Unit Development, or change in permitted uses. The Forecast Year shall be the Forecast Year of the City's Transportation System Plan, or 15 years from the date of the analysis, whichever is greater, or an alternate year approved by the City Engineer.

Transportation Planning Rule (TPR) Analysis Threshold. If the Trip Generation Analysis of a proposed land use designation or zoning indicates that the trip generation of a proposed Comprehensive Plan Amendment, Zone Change, Planned Unit Development, or CDC Text Change is under the thresholds of Section 12.70.220.A when compared to the current designations for the site, a TPR Analysis is not required unless Section 12.70.220.A.3 is met. If the proposed Comprehensive Plan Amendment, Zone Change, Planned Unit Development, or CDC Text Change will result in an increase in trip generation over the existing designations that meet or exceed the thresholds of Section 12.70.22.A, a TPR Analysis is required. If required, the TPR Analysis shall follow the requirements of Section 12.70.220, except for Subsections 12.70.220.E.3.b, E.3.i, E.3.k, E.5.a, and E.5.c, and shall include the following

An evaluation of whether the development or any phase thereof would change the timing and and/or scope of any long-range transportation needs projected for the Forecast Year in the City's Transportation System Plan or alternative timeframe as approved by the City Engineer; and

The extent to which traffic from the proposed development contributes to the long-range improvement needs.

Mitigation Improvements. If the TPR Analysis identified the need for on-or off-site mitigation, such mitigation may be required by the Review Authority, subject to the approval of the City Engineer, as a condition of approval pursuant to Subsections 12.70.200.H and I.

Urban Reserves Assessment. If the proposed Comprehensive Plan Amendment is adjacent to an Urban Reserve as defined by OAR 660-021-0010, an Urban Reserve Assessment is required to ensure the proposed Comprehensive Plan Amendment does not preclude future transportation needs. The Urban Reserves Assessment shall study the same intersections as the TPR Analysis with the projected Urban Reserve trip assignments provided by the City Engineer onto the TPR Analysis total traffic volumes. The analysis shall identify improvements needed to meet the capacity performance criteria in Section 12.70.200. If a TPR analysis is determined not needed by Section 12.70.230.B, a roadway segment level of analysis will be needed unless directed differently by the City Engineer. The Urban Reserves Assessment will recommend a proportionality of the recommended improvement in the Urban Reserve Assessment. The City Engineer will determine whether the proportionality is reasonable.

(Ord. 6250 § 1, 2017; Ord. 6393 § 1, 2021; Ord. 6401 § 1, 2022; Ord. 6414 § 1, 2022)