Chapter 2.20
HEARINGS EXAMINER
Sections:
2.20.030 Appointment and terms.
2.20.050 Conflict of interest and freedom from improper influence.
2.20.070 Report by department.
2.20.090 Examiner’s decision – Findings required.
2.20.010 Purpose.
Recognizing:
A. The need to separate the City’s land use regulatory function from its land use planning function;
B. The need to ensure and expand the principles of appearance of fairness and due process in public hearings; and
C. The need to provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making process for land use matters.
It is the purpose of this chapter to provide an administrative system which will best satisfy these needs.
(Ord. 226 § 1, 1999; Ord. 64 § 1, 1995).
2.20.020 Creation of office.
The office of Hearings Examiner is hereby created. The Hearings Examiner shall act on behalf of the City Council in considering and applying the land use regulatory codes of the City of University Place, and such other matters as the City Council deems it appropriate for the Hearings Examiner to handle.
(Ord. 226 § 1, 1999; Ord. 64 § 2, 1995).
2.20.030 Appointment and terms.
The Hearings Examiner shall be appointed by the City Manager.
(Ord. 226 § 1, 1999; Ord. 64 § 3, 1995).
2.20.040 Qualifications.
The Hearings Examiner shall be appointed solely with regard to qualifications for the duties of such office and shall have such training or experience as will qualify the Examiner to conduct administrative or quasi-judicial hearings on land use regulatory codes and other matters deemed appropriate by the City Council, and must have expertise and experience in at least one of the following areas: land use planning, environmental sciences, law, architecture or economics. The Examiner shall hold no other appointive or elective public office or position in the city government.
(Ord. 226 § 1, 1999; Ord. 64 § 4, 1995).
2.20.050 Conflict of interest and freedom from improper influence.
The Examiner shall not conduct or participate in any hearing or decision in which the Examiner or any of the following persons has a direct or substantial financial interest: the Examiner’s spouse, sibling, child, parent, in-laws, partner; any business in which the Examiner is then serving or has served within the previous two years; or any business with which such Examiner is negotiating for, or has had arrangement or understanding concerning, possible partnership or employment. Any actual or potential interest shall be disclosed prior to such hearing.
No Council member, City official, or any other person shall interfere, or attempt to interfere, with the Examiner in the performance of the Examiner’s designated duties.
(Ord. 226 § 1, 1999; Ord. 64 § 5, 1995).
2.20.060 Powers.
The Examiner shall receive and examine available information, including environmental impact statements, conduct public hearings, and prepare records thereof.
The Examiner’s decision on all matters coming before the Examiner, including appeals of administrative decisions, will be final. The Examiner’s decision shall be based upon the Comprehensive Plan, Shoreline Master Program, land use regulatory codes of the City, or any other applicable ordinance adopted by the City Council. When acting upon land use applications, the Examiner may attach any reasonable conditions found necessary to make the project compatible with its environment and to carry out the goals and policies of the City’s Comprehensive Plan, Shoreline Master Program, or other applicable plans or programs adopted by the City Council. Such conditions may include, but not be limited to the:
A. Exact location and nature of development, including additional building and parking area setbacks, screenings in the form of landscaped berms, landscaping, or fencing;
B. Mitigating measures to eliminate or lessen the environmental impact of the development;
C. Provision for low- and moderate-income housing;
D. Hours of use or operation or type and intensity of activities;
E. Sequence and scheduling of development;
F. Maintenance of the development;
G. Duration of use and subsequent removal of structures;
H. Granting of easements for utilities or other purposes and dedication of land or other provisions for public facilities, the need for which the Examiner finds would be generated in whole or in significant part by the proposed development.
(Ord. 226 § 1, 1999; Ord. 64 § 6, 1995).
2.20.070 Report by department.
When a land use application has been set for public hearing the Department of Community and Economic Development shall coordinate and assemble comments and recommendations of other City departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and other appropriate departments’ findings and recommendations. At least seven working days prior to the scheduled hearing, the report shall be filed with the Examiner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party at the cost of reproduction.
(Ord. 749 § 5, 2021; Ord. 423 § 1, 2004; Ord. 226 § 1, 1999; Ord. 64 § 8, 1995).
2.20.080 Public hearing.
Before rendering a decision on any application or appeal, the Examiner shall hold at least one public hearing thereon.
Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application or appeal.
The Examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this section, subject to confirmation by the City Council, to issue summons for and compel the appearance of witnesses, to administer oaths, and to preserve order. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the Examiner.
(Ord. 226 § 1, 1999; Ord. 64 § 9, 1995).
2.20.090 Examiner’s decision – Findings required.
When the Examiner renders a decision such Examiner shall make and enter findings from the record and conclusions thereof which support such decision.
The findings and conclusions pertaining to land use regulatory matters shall set forth and demonstrate the manner in which the decision carries out and helps to implement the goals and policies of the Comprehensive Plan and the standards set forth in the various land use regulatory codes.
Within 20 working days of the conclusion of a public hearing, the Examiner shall render a written decision, including findings and conclusions which support the decision. The Examiner may approve, conditionally approve, or deny the application. The Examiner shall transmit a copy of such decision by first class mail to the applicant and to other parties of record in the case requesting the same.
(Ord. 226 § 1, 1999; Ord. 64 § 10, 1995).