This section governs the procedures to be followed where a decision
of the City has been remanded by the Land Use Board of Appeals (LUBA),
the Department of Land Conservation and Development (DLCD), the Land
Conservation and Development Commission (LCDC), or the Appellate Courts.
(6443)
The Approval Authority for a remanded decision must be the last
Approval Authority from which the appeal to LUBA or submittal to DLCD
was taken, except that in voluntary or stipulated remands, the City
Council may decide that it will hear the case on remand.
(6443)
(A)
The City must conduct a review on any remanded decision if requested
by the applicant in writing or initiated by the City for a City project.
The remand procedure must be according to the applicable provisions
of this section and the decision by LUBA, DLCD, LCDC, or Appellate
Court, and applicable State law. Unless State law requires otherwise,
only those persons who were parties to the proceedings before the
City are entitled to notice and entitled to participate in any hearing
on remand.
(B)
The review procedures must comply with State law and with the requirements
of this code for either legislative or quasi-judicial procedures,
whichever was employed for the initial decision or as required by
the remand.
(6443)
(A)
On remand, the Approval Authority must review only those issues that
LUBA, DLCD, LCDC, or an appellate court required to be addressed.
The Approval Authority has the discretion to reopen the record as
it deems appropriate.
(B)
If additional testimony is required to comply with the remand, parties
may raise new, unresolved issues that relate to new evidence directed
toward the issue on remand. Other issues that were resolved by LUBA,
DLCD, LCDC, or the Appellate Court or that were not appealed are deemed
to be waived and may not be reopened.
(C)
Notwithstanding subsections (A) and (B) above, for remands of City-initiated legislative amendments or for any voluntary or stipulated remand reviewed by the City Council, the City Council may allow the introduction and processing of new work tasks, issues, evidence, and testimony if the Council determines that the information or task is necessary and/or valuable.
(6443)
A decision reversed by LUBA, DLCD, LCDC, or an appellate court
that results in a final appellate judgment or order of reversal cannot
be further heard by the City in the absence of an amended or new application.
Submission of a revised application is governed by the time limit
set forth in SDC 5.1.1030, Limitation on Refiling Applications.
(6443)
