Chapter 2.90
PUBLIC HEARINGS
Sections:
2.90.010 Notice.
The City Planner shall give notice of all public hearings before the Planning Commission or the City Council in the following manner:
(1) Notice of public hearing on a land use action shall be sent by first class mail to all property owners of record within the notification area. Such notice shall be sent at least 10 days prior to the date of the hearing. The failure of any property owner of record within the notification area to receive such notice shall not affect the validity of any subsequent hearing or proceedings. Notice of the public hearing shall include the following:
(a) Explain the nature of the application and the proposed use or uses which could be authorized;
(b) List the applicable criteria from the Zoning Ordinance and the Comprehensive Plan that apply to the application at issue;
(c) Set forth the street address or other easily understood geographical reference to the subject property;
(d) State the date, time and location of the hearing;
(e) State that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue;
(f) Include the name of a City representative to contact and the telephone number where additional information may be obtained;
(g) State that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost;
(h) State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and
(i) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.
(2) At least one sign shall be posted on the subject property or on a public right-of-way adjoining the property. Such sign shall be placed so that it can be seen readily and shall face a public street if the subject property adjoins a public street. Such a sign shall have an area of at least 90 square inches and shall bear the words “Notice of Public Hearing Affecting This Area” in letters at least one inch high. Such a sign shall be provided by the City to the applicant at the time the application is received. It shall be the responsibility of the applicant to post such a sign at least 10 days prior to the public hearing. The applicant shall remove such sign at the conclusion of the appeal period.
(3) The requirements for public notice stated in this chapter shall be construed to be the minimum measures necessary to notify the public of a request for a land use action. Nothing in this chapter shall prohibit additional notification measures deemed necessary by the City Council, Planning Commission or City Manager. (Ord. 1026, § 1, Sept. 4, 1990. Code 1983 § 11.025.)
2.90.020 Conduct.
The Planning Commission or City Council shall hear and decide upon requests for land use actions in accordance with the following procedures:
(1) Applicant’s Documents and Evidence. All documents or evidence relied upon by the applicant shall be submitted to the City and be made available to the public at the time notice of the public hearing is mailed. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. Delays caused by the allowance of such a continuance shall extend any deadlines within which the City is required to complete final action on a land use application.
(2) Staff Reports. Any staff report to be used at a public hearing shall be available at least seven days prior to the hearing.
(3) Commencement of Hearing. At the commencement of the public hearing, a statement shall be made to those in attendance that:
(a) Lists the applicable substantive criteria;
(b) States that testimony and evidence must be directed toward the criteria described in subsection (3)(a) of this section or other criteria in the Comprehensive Plan or Zoning Ordinance which the person believes to apply to the decision; and
(c) States that failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.
(4) Proponents and opponents of the request shall have an opportunity to present and rebut evidence at the hearing.
(5) Applicants for and proponents and opponents of a land use action may be represented at the hearing by legal counsel.
(6) The Planning Commission and City Council shall establish procedures for the conduct of hearings. Hearings shall be conducted in accordance with those procedures. A written description of such procedures shall be kept at the place of the hearing and shall be available to all persons at the hearing.
(7) Close of Record. Unless there is a continuance, if a participant so requests before the conclusion of the initial evidentiary hearing, the record shall remain open for at least seven days after the hearing. Delays caused by keeping the record open under this subsection shall extend any deadlines within which the City is required to complete final action on a land use application.
(8) If the record of a public hearing is reopened to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.
(9) Members of the Planning Commission and City Council shall disclose any ex parte contacts made with any person interested in the request being heard.
(10) Any decision made by the Planning Commission or City Council on a request for a land use action shall be supported by findings. Such findings shall indicate the facts and reasons used to make the decision.
(11) The Planning Commission or City Council may grant, deny, continue, or table any request for a land use action. Written notice of the Planning Commission’s action shall be sent to the applicant and to the City Council within 10 days of the Planning Commission’s action.
(12) Any public hearing may be continued prior to the closing of the hearing. Notice of the time and place at which the hearing is to be resumed shall be publicly announced during the initial hearing. Such announcement shall serve as sufficient notice of the continuance to all interested parties. (Ord. 1026, § 2, Sept. 4, 1990. Code 1983 § 11.030.)