20F.30.65 Public Hearings and Appeals.

20F.30.65-010 Purpose.

This section clarifies procedures for public hearings and appeals that are not outlined in each of the review types in RCDG 20F.30.30 through 20F.30.55. (Ord. 2164; Ord. 2118. Formerly 20F.30.60-010)

20F.30.65-020 Public Hearings.

(1) Purpose. The purpose of having hearings is to provide decision-makers with an opportunity to obtain additional information and to provide the public an opportunity to introduce that information and to make their views known. When the Redmond Community Development Guide (RCDG) or State law requires a hearing, the following shall apply:

(a) A verbatim record shall be kept;

(b) Those present shall be given the opportunity to testify;

(d) The hearing shall be conducted to ensure fairness to all parties; and

(e) The hearing authority may subpoena witnesses.

(2) Joint Public Hearings.

(a) Approval Authority’s Decision to Combine Joint Hearing. The Approval Authority may combine any public hearing on a project permit application with any hearing that may be held by another local, State, regional, Federal, or other agency, on the proposed action, as long as:

(i) The hearing is held within the City limits; and

(ii) The requirements of subsection (c) below are met. [RCW 36.70B.110(7)]

(b) Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. [RCW 36.70B.110(7)]

(c) Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, State, regional, Federal or other agency and the City, as long as:

(i) The other agency is not expressly prohibited by statute from doing so; [RCW 36.70B.110(8)]

(ii) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;

(iii) The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and

(iv) The hearing is held within the geographic boundary of the local government.

(3) Conflict of Interest, Ethics, Open Public Meetings, Appearance of Fairness. The hearing body shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), open public meetings (Chapter 42.30 RCW), and appearance of fairness (Chapter 42.36 RCW) as the same now exist or may hereafter be amended.

(4) Ex Parte Communications.

(a) Quasi-judicial land use decisions of the hearing body shall be subject to Chapter 42.36 RCW, the appearance of fairness doctrine.

(b) 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:

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

(ii) 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 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.

(5) Disqualification.

(a) 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.

(b) Prior to declaring as a candidate for public office or while campaigning for public office as defined by RCW 42.17.020(5) and (25), no public discussion or expression of an opinion by a person subsequently elected to a public office, on any pending or proposed quasi-judicial actions, shall be a violation of the appearance of fairness doctrine.

(c) Anyone seeking to rely upon 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.

(d) 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(s) 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.

(6) Order of Proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures or the Hearing Examiner’s rules of order as appropriate.

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

(i) 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.

(ii) Any abstentions or disqualifications shall be determined.

(b) The presiding officer may take official notice of known information related to the issue, such as:

(i) A provision of any ordinance, resolution, rule, officially adopted development standard or State law;

(ii) Other public records and facts judicially noticeable by law.

(c) Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record. However, the hearing body may take notice of matters listed in subsection (6)(b) of this section if stated for the record. Any matter given official notice may be rebutted.

(d) The hearing body may view the area in dispute 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.

(g) A public hearing may be continued to a stated date and time by the hearing authority for good cause with no further notice required other than verbal notice of the date, time and place given to those present. A continuation shall be recorded in the minutes of the proceedings.

(h) The verbatim record required for a public hearing shall be kept on file by the City for either a period of one year or until the appeal period for which the record could be used has expired, whichever is greater. (Ord. 2164; Ord. 2118. Formerly 20F.30.60-020)

20F.30.65-030 Appeals.

(1) Processing of Appeals. Appeals of decisions on project permit decisions shall be processed according to the procedures outlined in each of the review types in RCDG 20F.30.30 through 20F.30.60.

(2) Effect of Appeal. Decisions on Type I, Type II, Type III, and Type IV permits are assumed valid unless overturned by an appeal decision. Project activity commenced prior to the end of any appeal period, or withdrawal of, or final decision on, an appeal, may continue at the sole risk of the applicant provided however, that:

(a) Where the applicant begins project activity prior to the end of any applicable appeal period, site restoration performance assurance in an amount sufficient to restore the site to the predevelopment state shall be required.

(b) Where the applicant begins or continues project activity after an appeal has been filed, the continuing project activity shall not impact the specific appeal issues being raised.

(c) If the appeal concerns project activities impacting a natural area, such activities shall not be allowed pending withdrawal of, or final decision on, the appeal.

(d) If the appeal concerns project activities impacting a historic landmark, such activities shall not be allowed pending withdrawal of, or final decision on, the appeal.

(e) If project activity has begun and is subsequently discontinued pending the withdrawal of or final decision on an appeal, then proper erosion control measures shall be maintained in accordance with the provisions of local, State and Federal law. Project infrastructure improvements in progress at this time shall be secured and shall be maintained in a safe condition pending withdrawal of, or final decision on, the appeal.

(3) Exhaustion of Administrative Remedies. No action to obtain judicial review may be commenced unless all rights of administrative appeal provided by the Redmond Community Development Guide or State law have been exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. A copy of each transcript prepared by an appellant shall be submitted to the City for confirmation of its accuracy.

(4) Consolidated Appeals. All appeals of project permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal. [RCW 43.21C.075, 36.70B.060(6)] (Ord. 2164; Ord. 2118. Formerly 20F.30.60-030)