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Hillsboro staff give council a Land Use 101 briefing on legislative vs. quasi‑judicial decisions
Summary
City planners presented a primer on how state and local rules shape zoning, what counts as a legislative decision versus a quasi‑judicial hearing, ex parte contacts and conflicts, and the legal tests staff use when imposing conditions on development.
City staff led a March 4 work session to give Hillsboro City Council members a primer on land use law and the council’s dual role as policy‑maker and decision maker. Staff framed the difference between legislative actions — such as comprehensive plan and code amendments — and quasi‑judicial decisions that apply rules to a particular property or application.
The overview mattered because the different role changes what councilors may do and say. “The first part will be going over what is a legislative type of decision and action,” Dan Diaz told the council, “and then what is a quasi judicial, which is more of an applicant initiated?” Chad Jacobs and Diaz co‑presented the training, which staff said was intended to help the council avoid procedural errors that can expose city decisions to appeal.
Why it matters: legislative actions set city‑wide policy standards that staff and future applicants must follow, while quasi‑judicial proceedings require councilors to act like judges, basing decisions on the hearing record. Staff repeatedly stressed that mixing the roles or taking information outside the hearing can create legal risk and delay projects. “You get to be a judge, and you get to be, you know, a member of Congress,” Jacobs said. “You get to do all that at once.”
Key points presented - State framework and appeals: Speakers…
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