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City of Portland



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5.75.110 Hearing on a Common Law Vested Right By City Council.

A.  The City Council shall hold a public hearing on an application for a common law vested right to continue and complete a use or development allowed by an approved Measure 37 claim prior to its final determination.  The Program Manager shall schedule the hearing for a date within 90 days after the filing of a completed application.

B.  The Program Manager shall provide notice of the date, time and location of the public hearing at least 30 days before the hearing to the applicant and owners of the subject property, owners and occupants of property within 100 feet of the subject property, and the Department.  The notice shall indicate that:

1.  A copy of the Program Manager’s recommendation is available upon request;

2.  Judicial review of the City of Portland’s final determination is limited to the written evidence and arguments submitted to the City of Portland prior to or at the public hearing; and

3.  Judicial review is available only for issues that are raised with sufficient specificity to afford the City of Portland an opportunity to respond in its final determination.

C.  After the close of the public hearing the City Council shall make its final determination on the application and enter an order with findings of fact and conclusions of law, based upon the record made before the City of Portland, that explain the determination.  The Program Manager shall mail a copy of the final determination to the claimant, the Department, and any person who submitted written or oral testimony prior to the close of the public hearing.

D.  The City Council will make its final determination within 120 days of the date the claim is complete.