A.

Open Record Public Hearings. Open record public hearings shall be conducted on project permit applications as indicated below:

1.

All Type III project permit applications shall require an open record public hearing before the city's land use hearing examiner;

2.

All Type IV and Type IVA project permit applications shall require an open record public hearing before the city's land use hearing examiner;

3.

All Type V project permit applications shall require an open record public hearing before the city council, with the exception of final plat approval which does not require a public hearing;

4.

Administrative appeals of Type I and II project permit decisions shall require an open record appeal hearing before the city's land use hearing examiner.

B.

Closed Record Appeals. Closed record appeals shall be conducted on project permit applications as indicated below:

1.

All administrative appeals of Type III project permit applications shall require a closed record appeal hearing before the city council.

(Ord. 746 § 2 (Exh. A) (part), 2008)

(Ord. No. 882, § 8, 12-6-2016)

The city planner shall have the following responsibilities:

A.

Schedule Type III, IV, IVA, V hearings and administrative appeals of Type I, II and III applications for review and public hearing before the appropriate hearing body.

B.

Ensure the required notice for such hearings is issued as set forth in this chapter.

C.

Prepare a staff report on the project permit applications, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process. The report shall state any mitigation required or proposed under the development regulations or the city's authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append this determination. The report shall include a written recommendation to the hearing examiner. The staff report shall be transmitted to the hearing examiner and available to the public at least ten calendar days prior to the hearing. In the case of a Type I or II project permit application, this report may be the permit.

D.

Prepare the notice of decision, and mail a copy of the notice of decision to those required by this code to receive such decision.

(Ord. 746 § 2 (Exh. A) (part), 2008)

(Ord. No. 882, § 9, 12-6-2016)

A.

The notice of public hearing shall be publicly noticed as follows:

1.

Mailed or delivered in accordance with Section 15.09.200 to:

a.

The applicant,

b.

Owners and occupiers of property located within three hundred feet of the site to which the project permit relates, and

c.

Any persons who have submitted comments on the project permit application or who have requested such notice in writing;

2.

Published in accordance with Section 15.09.190;

3.

Posted in accordance with Section 15.09.180 for Type II, III, IV, IVA, and V applications.

B.

Contents. The notice for a public hearing shall contain the following:

1.

Identification of the project permit application which is the subject of the public hearing;

2.

The time, date, location and time scheduled for conduct of the hearing;

3.

A statement that all interested persons may appear and provide oral and/or written testimony.

C.

The notice of hearing may be combined with the notice of application where the date set for hearing is known at the time of issuance of the notice of application, provided that: (1) the notice of application contains all the information required by subsection B of this section; and (2) the combined notice of application and notice of hearing is issued at least fifteen days prior to the date set for hearing. Where a combined notice of application/notice of hearing is issued, the notice requirements for public notice of a notice of application shall be observed.

(Ord. 746 § 2 (Exh. A) (part), 2008)

(Ord. No. 882, § 10, 12-6-2016)

A.

The notice of appeal shall be mailed no later than ten calendar days preceding the date set for the hearing.

B.

Contents. The notice of appeal shall contain the following:

1.

The name and address of the appellant;

2.

Identification of the project permit application which is the subject of the appeal;

3.

A summary of the appellant's statement of grounds for appeal and relief sought;

4.

The time, date, location and time scheduled for conduct of the appeal hearing;

5.

If the appeal is to be considered in an open record public hearing, a statement that all interested persons may appear and provide oral and/or written testimony; and

6.

If the appeal is to be considered in closed record review, a statement describing the process for closed record reviews and decisions, including any provisions for submitting correspondence containing legal argument.

(Ord. 746 § 2 (Exh. A) (part), 2008)

The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended.

(Ord. 746 § 2 (Exh. A) (part), 2008)

A.

Quasi-judicial land use decisions of the hearing body shall be subject to Chapter 42.36 RCW, Appearance of Fairness.

B.

No member of the hearing body may be disqualified by the appearance of fairness doctrine for conducting the business of his or her office with any constituent on any matter other than a quasi-judicial action then pending before the hearing body.

C.

During the pendency of any quasi-judicial proceeding, no member of a decision-making body may engage in ex parte communications with opponents or proponents with respect to the proposal which is the subject of the proceeding unless that person:

1.

Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and

2.

Provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is considered or taken on the subject to which the communication related. This prohibition does not preclude a member of a decision-making body from seeking in a public hearing specific information or data from such parties relative to the decision if both the request and the results are a part of the record. Nor does such prohibition preclude correspondence between a citizen and his or her elected official if any such correspondence is made a part of the record when it pertains to the subject matter of a quasi-judicial proceeding.

D.

Anyone seeking to rely on the appearance of fairness doctrine to disqualify a member of a decision-making body from participating in a decision must raise the challenge as soon as the basis for disqualification is made known to the individual. Where the basis is known or should reasonably have been known prior to the issuance of a decision and is not raised, it may not be relied on to invalidate the decision.

E.

In the event of a challenge to a member or members of the hearing body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine.

F.

A hearing body member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.

(Ord. 746 § 2 (Exh. A) (part), 2008)

The burden of proof for demonstrating compliance and consistency with the applicable substantive criteria and development regulations set forth in this code, and other state and federal laws and regulations shall be placed upon the applicant. The project permit application must be supported by substantial evidence that it conforms to the applicable elements of the city's development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.

(Ord. 746 § 2 (Exh. A) (part), 2008)

The order of proceedings for an open record hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.

A.

Before receiving information on the issue, the following shall be determined:

1.

Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate;

2.

Any abstentions or disqualifications shall be determined.

B.

The presiding officer may take record notice of known information related to the issue, such as:

1.

A provision of any ordinance, resolution, rule, officially adopted development standard or state law;

2.

Other public records and facts judicially noticeable by law.

C.

Parties requesting record notice of any matter per subsection B of this section shall do so on the hearing record. However, the hearing body may take notice of matters listed in subsection (B)(2) of this section if stated on the hearing record. Any matter given record notice may be rebutted.

D.

The hearing body may view the subject area with or without notification to the parties, but shall place the time, manner and circumstances of such view on the record.

E.

Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.

F.

When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided.

(Ord. 746 § 2 (Exh. A) (part), 2008)

A closed record appeal is a proceeding which does not involve an open record public hearing, but instead entails a review and decision based on the record already established in prior proceedings before another hearing body. No new evidence may be presented at a closed record decision or administrative appeal hearing, except as specifically allowed under this rule.

A.

The procedures outlined in Section 15.11.070(A) through (C), applicable to open record hearings, shall also be observed at closed record appeals.

B.

Only parties of record, as defined in Section 15.08.030, shall be allowed to present written or oral argument to the city council.

C.

Parties of record shall be allowed the opportunity to present written argument to the council provided such written argument is filed with the city clerk and served via mail or personal delivery upon all other parties of record at least three calendar days prior to the date of the hearing. Upon objection by any party of record or member of the council, written arguments not filed or served in a manner consistent with this section may be disregarded by council and/or the council may elect to grant a continuance of the hearing to allow other parties of record fair opportunity to respond to such untimely argument.

D.

The presiding officer shall determine the amount of time, if any, to be granted to parties of record to present oral argument to the council. Upon majority vote of a quorum of the council, the council may elect to forgo presentation of oral argument entirely and rely exclusively upon the record and any written argument timely filed and served. In the event the council elects to allow for oral argument, the presiding officer shall ensure that all parties of record have a fair, reasonable, and equitable opportunity to present oral argument and rebuttal in accordance with each party's stake or interest in the matter. Provided that the presiding officer may direct and order that argument be limited to that which is relevant and material and not cumulative and repetitious. The council may further orally inquire of any party of record present at the hearing, provided that fair opportunity for rebuttal is provided to other parties of record.

E.

The city council shall limit its review and consideration to that evidence which is contained within the record created before the hearing body at the prior open record hearing. New or additional evidence shall not be admitted or considered by the council, except where the proponent demonstrates that such new or additional evidence is: (1) evidence that, with reasonable diligence, could not have been discovered and produced at the time the proceedings before the open record hearing body were conducted; and (2) evidence that would probably change the decision being reviewed.

(Ord. 746 § 2 (Exh. A) (part), 2008)

A.

Findings, Conclusions and Decision. Following the applicable hearing procedure described in this chapter, the hearing body shall act as follows:

1.

If the subject of the hearing is a Type III, Type IV or Type V project permit application, the hearing body shall approve, conditionally approve, or deny the application. If the subject of the hearing is a Type IVA project permit application, the hearing body shall provide a recommendation recommending approval, conditional approval or denial of the application. The hearing body shall issue a written decision or recommendation containing findings and conclusions that evidence and support the decision or recommendation. For Type III project permit applications, a copy of the permit or approval may constitute the decision.

2.

If the subject of the hearing is an appeal of a Type I, II, or III decision, the hearing body shall affirm the decision unless the hearing body determines one or more of the following criteria are met, in which case the hearing body may reverse or remand the decision, in whole or part.

a.

The body or officer that made the project permit decision engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;

b.

The project permit decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local body or officer with expertise;

c.

The project permit decision is not supported by evidence that is substantial when viewed in light of the whole record;

d.

The project permit decision is a clearly erroneous application of the law to the facts;

e.

The project permit decision is outside the authority or jurisdiction of the body or officer making the decision;

f.

The project permit decision violates the constitutional rights of the party seeking relief.

The hearing body shall issue a written decision containing findings and conclusions that evidence and support the decision upon the appeal.

B.

Decision Timeline. The project permit decision or recommendation should be issued by the hearing body according to the following timelines:

1.

The written decision or recommendation of the hearing body should be issued within ten working days after the open record hearing or closed record appeal on a project permit application or appeal;

2.

If the hearing body or officer is unable to issue its final decision or recommendation on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the decision or recommendation.

(Ord. 746 § 2 (Exh. A) (part), 2008)

(Ord. No. 882, § 11, 12-6-2016)

Reconsideration of a hearing body's decision or recommendation shall be subject to the following:

A.

Any party of record may file, at their discretion, a written petition for reconsideration within ten calendar days following the date of the hearing body's written decision or recommendation. The petition shall be filed with the city planner.

B.

The grounds for seeking reconsideration shall be limited to those listed in Section 15.10.090(A)(3).

C.

The petition for reconsideration must:

1.

Contain the name, mailing address and daytime telephone number of the petitioner, together with the signature of the petitioner or of the petitioner's attorney, if any;

2.

Identify the specific findings, conclusions, actions and/or conditions for which reconsideration is requested;

3.

Describe the specific relief requested including the specific reasons for which relief is requested; and, where applicable;

4.

Identify the specific nature of any newly discovered evidence and/or changes proposed by the applicant.

D.

The petition for reconsideration shall be deemed to have been denied if one of the actions specified in subsection E of this section, has not been taken within ten working days of the date the petition is timely commenced.

E.

The petition for reconsideration shall be disposed of in writing by the same hearing body that rendered the decision or recommendation. The hearing body may at its discretion:

1.

Deny the petition; or

2.

Grant the petition and issue an amended decision or recommendation; or

3.

Grant the petition and give all parties of record the opportunity to submit written comment. Notice of the hearing body's decision to grant the petition, together with a copy of the petition for reconsideration shall be mailed in accordance with Section 15.09.200 to all parties of record. Parties of record shall have ten working days from the date of the reconsideration notice to submit written comments.

F.

A decision or recommendation which has been subjected to the reconsideration process shall not again be subject to reconsideration.

G.

The hearing body may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision or recommendation where such consolidation would facilitate procedural efficiency.

(Ord. 746 § 2 (Exh. A) (part), 2008)

(Ord. No. 882, § 12, 12-6-2016)