4.1.1140 Scope of Review.
A. Before Hearings Officer or Planning Commission. The review of a Type II decision on appeal before the Hearings Officer or Planning Commission is de novo.
B. Before the Council.
1. Review of land use decisions by the City Council on appeal is discretionary. A decision by the City Council to not grant discretionary review of the appeal is the final determination of the City and will be considered to be an adoption by the Council of the decision being appealed, including any interpretations of this code or of the Bend Comprehensive Plan included in the decision. The final decision may be appealed to the Land Use Board of Appeals as provided by law. The City Council’s decision whether to grant discretionary review will be made without testimony or argument from persons interested in the appeal.
2. The scope of review for appeals that are granted discretionary review by the City Council shall be:
a. Restricted to the issues raised in the Notice of Appeal, or as prescribed by the City Council.
b. Be conducted during an appeal hearing before the City Council on the record made as part of the decision being appealed.
3. The record for discretionary review by the City Council shall include:
a. The land use application or request which is the subject of the appeal, any staff report, and all written comments, exhibits, or any other materials or information considered by the decision-maker in the proceedings that produced the decision being appealed.
b. A written transcript of all proceedings before the decision-maker, or a stipulated written summary of the proceedings submitted by all of the parties to the appeal.
c. Appellants shall submit the transcript or stipulated written summary of the proceedings to the Planning Division no later than the close of the day five days prior to the date set for receipt of written arguments.
d. An appellant shall be excused from providing a transcript or stipulated written summary of the proceedings if the appellant was prevented from complying by:
i. The inability of the Planning Division to supply the appellant with an audio recording of the prior proceeding; or
ii. Defects on the audio recording of the prior proceeding that make it not reasonably possible for the appellant to supply a transcript. Appellants shall comply to the maximum extent reasonably and practicably possible.
4. An appeal hearing before the City Council shall be conducted according to such procedures as the City Council shall prescribe, which may include an opportunity for presentations by the parties to the appeal.
5. Decisions reviewed by the City Council can be affirmed, remanded, reversed, or modified in whole or in part by the City Council. [Ord. NS-2289, 2017; Ord. NS-2122, 2009; Ord. NS-2016, 2006]