Chapter 19.04
OPEN RECORD PUBLIC HEARINGS
Sections:
19.04.010 Joint hearings.
A. At the request of the applicant, the city may combine its required hearing on a project permit application with that of another local, state, regional, federal or other agency if:
1. The hearing is held within the geographical boundary of the city; and
2. The joint hearing can be held within the processing time periods specified within this chapter or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings.
B. The city is authorized to coordinate with the other agencies pursuant to RCW 36.70B.110(7). (Ord. 21-28 § 5 (Exh. A), 2021)
19.04.020 Hearing process.
The process identified in this section shall apply to both open record hearings for project permit applications and open record appeal hearings for administrative appeals.
A. The public hearing for Types IIIA, IIIB and IV reviews shall be held after completion of the public comment period(s) and at least 15 days after the issuance of any SEPA threshold determination.
B. At least 10 days before the date of the public hearing, the city shall issue public notice of the date, time, location and purpose of the hearing. Public notice shall be provided as follows:
1. Publication in the city’s newspaper of record;
2. Posting the agenda of the hearing body on the city’s website; and
3. Mailing notice to:
a. The applicant or appellant;
b. For site-specific proposals, all property owners, according to the county assessor’s records, within 300 feet of the subject property; and
c. Any person who has submitted written comment on the project.
C. At least 10 days before the date of the public hearing, the city shall:
1. In the case of a project permit application, issue a written staff report, integrating the SEPA review and threshold determination and recommendation regarding the application(s).
2. In the case of an administrative appeal, issue a staff response to the appellant’s arguments presented in the appeal packet.
3. For both subsections (C)(1) and (2) of this section, the city shall transmit a copy to the applicant or appellant and publish it on the city’s website.
D. Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing body. A public hearing shall be audio or audio-visually recorded.
E. If for any reason the hearing cannot be completed on the date set in the public notice, it may be continued during the public hearing to a specified date, time and location without further public notice required.
F. Public Hearings.
1. Type IIIA Project Permit Applications. Following the public hearing, the hearing examiner shall take the following action:
a. The hearing examiner may approve, approve with conditions, continue the hearing to another date, time and location, or deny the application.
b. The hearing examiner shall issue a written decision regarding the application(s) within 10 working days of the close of the public hearing.
2. Type IIIB and IV Legislative Applications and Proposals. Following the public hearing, the planning commission may continue the hearing to another date, time and location or make a recommendation to approve or deny the application or proposal. When a recommendation by the planning commission is made, the recommendation will be forwarded to the city council for review and final action pursuant to EWMC 19.06.040.
3. Open Record Appeal Hearings. Following the public hearing, the hearing examiner shall issue a written decision affirming or reversing the decision that is on appeal within 10 working days of the close of the hearing. (Ord. 21-28 § 5 (Exh. A), 2021)