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CITY ATTORNEY — CIVIL DEPARTMENT <br /> Planning Commission -3- February 6, 1985 <br /> to the proceeding. <br /> To implement these policies of justification and fairness, <br /> the following is required in a quasi - judicial proceeding: <br /> 1. The application of pre - existing criteria; <br /> 2. Particular notice of the nature and time <br /> of the proceedings to persons particularly affected <br /> (applicant, nearby landowners, etc.); <br /> 3. Burden of proof placed on the party desiring <br /> the change (the applicant); <br /> 4. Opportunity for rebuttal for the applicant <br /> during a hearing; <br /> 5. Independent decisionmaker, one free of bias, <br /> with disclosed ex parte contacts; and <br /> 6. Findings of justification showing what facts <br /> were found to be true and how those facts support <br /> the decision in light of the criteria. _ <br /> Legislative land use decisionmaking requires less exact <br /> pre- existing criteria, general as opposed to particular notice, <br /> no burden of proof or hearing requirements, no independent decision - <br /> maker (except under conflict of interest statutes and ordinances), <br /> and less complex justification through findings. What happens, <br /> then, when the proceeding is both quasi - judicial and legislative? <br /> D. Mixed Proceedings. <br /> The Riverfront Special Area Study is an example of the <br /> difficulty in classifying proceedings as either legislative <br /> or quasi - judicial. It is a relatively small area with a small <br /> class of landowners that involves the application of policies <br /> in the Metro Plan. These factors suggest quasi - judicial classifi- <br /> cation. On the other hand, the plan involves significant policy <br /> creation, transportation planning for a larger geographic area <br /> and other factors suggesting that it is a legislative proceeding. <br /> Other proceedings are both legislative and quasi - judicial <br /> as well. For example, the Mid- period Metro Plan Update will <br /> involve amendment of policies in the plan (legislative) and <br /> :r land use diagram changes for individual parcels (quasi - judicial). <br /> When these mixed proceedings occur it is important to effecuate <br /> the fairness policy in those proceedings. If an individual <br /> or small group of individuals will be particularly affected <br /> by a discrete part of a legislative proceeding more than other <br />