Chapter 16A.13 Public Hearings

Chapter 16A.13
Public Hearings

Sections:

16A.13.010 Notice of Public Hearing

A. A notice of public hearing is required for all Type III project permits. Notice shall be provided at least fourteen (14) days prior to the scheduled hearing.

B. The written notice shall consist of only that information approved and provided by the City. The notice shall include the following information:

1. The application/project file number;

2. Project summary/description of each project permit application;

3. The date, time and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the Hearing Examiner;

4. General project location, vicinity and address and parcel number(s), if applicable;

5. The name, address and telephone number of the owner, applicant and designated contact;

6. The SEPA threshold determination or description thereof (determination of nonsignificance (DNS) or mitigated determination of nonsignificance (MDNS) if other than a DS) shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review, and stating the end of any final comment period;

7. The date when the staff report will be available and where it can be reviewed.

C. Distribution.

1. The public hearing notice shall be posted on the property and mailed to adjacent property owners pursuant to the procedures described in SMC 16A.09.030.

2. Failure to properly post the site or complete the required notice may result in re-initiation of the notice process. (Ord. 24-1022 § 5 (Exh. C); Ord. 18-1004 § 1; Ord. 03-1020 § 2)

16A.13.020 Procedure for Public Hearing

A. Public hearings shall be conducted in accordance with the Hearing Examiner’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the Examiner will base his/her decision.

B. Before rendering a decision on any application or appeal, the Hearing Examiner shall hold a public hearing.

C. Whenever a project requires more than one (1) project permit or approval, the Hearing Examiner shall order a consolidation of and conduct the required public hearings to avoid unnecessary costs or delays. Decisions of the Hearing Examiner to order and conduct consolidated hearings shall be final in all cases.

D. Department Report. When an application or appeal has been set for public hearing, the Department shall coordinate and assemble the reviews of other City departments and governmental agencies having an interest in the subject application or appeal and shall prepare a report summarizing the factors involved and the Department’s findings and recommendation or decision. The Department’s report, and in the case of appeals, any written appeal arguments submitted to the City, shall be filed with the Hearing Examiner and copies thereof shall be transmitted to all persons of record who have not previously received said materials.

E. Hearing Examiner Decisions.

1. Each decision of the Hearing Examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision.

2. The Hearing Examiner’s findings and conclusions shall implement and enforce applicable State laws and regulations and the regulations, policies, objectives and goals of the Comprehensive Plan, the Zoning Code, the Subdivision Code and other official laws, policies and objectives of the City, and that the decision will not be unreasonably incompatible with, or detrimental to, affected properties and the general public.

3. The Hearing Examiner shall accord substantial weight to the Director’s recommendation.

F. Hearing Examiner Actions. Within ten (10) working days of the conclusion of a hearing or rehearing, the Hearing Examiner shall render a written recommendation or decision and shall transmit a copy thereof to the Department. The Department shall then transmit a copy of the decision to all parties of record.

1. The Examiner’s decision may be to grant or deny the application or appeal, or the Hearing Examiner may grant the application or appeal with such conditions, modifications, and restrictions as he/she finds necessary to make the application or appeal compatible with the environment, and carry out applicable State laws and regulations, and the regulations, policies, objectives and goals of the Comprehensive Plan, the Zoning Code, the Subdivision Code and other ordinances, policies and objectives of the City.

2. Performance bonds or equivalent measures may be required to ensure compliance with the conditions, modifications and restrictions of this Code. (Ord. 24-1022 § 5 (Exh. C); Ord. 18-1004 § 1; Ord. 03-1020 § 2)