Appendix 20F-3 Design Review Board Rules of Procedure
I. Definitions
II. Ex Parte Communication
III. Nature of Proceedings
IV. Rights of Parties
V. Presiding Officials
VI. Conduct of Meetings
VII. Recommendation
Pursuant to RCDG 20F.50.30, the following constitutes all rules for transaction of business before the Design Review Board of the City of Redmond.
I. Definitions.
A. “Applicant” means those applying to the City of Redmond for approval of site plans that conform to the City’s goals, policies, plans and programs of development.
B. “Board” means the Design Review Board of the City of Redmond.
C. “City” means the City of Redmond, Washington.
D. “Development Guide” means the City of Redmond Community Development Guide which encompasses all development principles and standards adopted by the City Council as objectives, goals, policies and plans of the City of Redmond.
E. “Ex parte communication” means written or oral communication not included in the public record and made outside of a public meeting.
F. “Party of record” means:
1. Person who testifies at a public meeting;
2. The applicant, developer or any of their agents who have requested to be made a party of record;
3. Persons submitting written arguments dealing with the merits of an application.
II. Ex Parte Communication.
A. No person, nor his or her agent, employee, or representative, who is interested in a particular application which is designated for public meeting shall communicate ex parte directly or indirectly with members of the Board concerning the merits of that application. This rule shall not prohibit ex parte communications concerning procedural matters.
B. Members of the Board shall not communicate ex parte directly or indirectly with any person, nor his or her agent, employee or representative who is interested in a particular application which is designated for public meeting with regard to the merits of that application. This rule shall not prohibit ex parte communications concerning procedural matters, nor assistance to members of the Board in viewing the land or building involved in application.
C. If prohibited ex parte communication is made to or by a member of the Board, the member is required to fully reveal the communication, and interested parties shall have the opportunity to rebut the communication. The member shall determine whether the communication merits disqualifications of himself or herself for that particular application.
III. Nature of Proceedings.
A. Frequency. The Board will meet regularly on the second and fourth Thursdays of each month at 7:30 p.m. However, a meeting need not be held if there are no applications submitted for review by the Board. Meetings will be held in the City Council Chambers at City Hall or alternatively in the meeting room at the City Fire Department Headquarters.
B. Format. The format for a public meeting will be of an informal nature yet designed in such a way that the evidence and facts relevant to an application will become the most readily and efficiently available to the Board.
C. View Trip. Board members may inspect the site prior to or subsequent to the public meeting. Site visits are not required.
D. Record of Hearing.
1. Electronic Recordation. Meetings shall be electronically recorded and such recordings shall be a part of the official record. Copies of the electronic recordings of a particular proceeding shall be made available to the public on request and payment of reasonable cost of such copying.
2. Copies of any written materials in the record may be obtained by any interested person, although that person shall be responsible for paying the cost of reproducing such material.
IV. Rights of Parties.
A. Rights of Parties. Every applicant and any interested party shall have the right to attend meetings of the Board. The Board may allow testimony at its discretion, and when testimony is allowed, the Board may impose reasonable limitations on the number of witnesses heard, and on the nature and length of their testimony.
B. Notice Requirements. No notice of regular meetings shall be given, nor shall such meetings be construed to be public hearings even though testimony from those present may be received. Notice of special meetings shall be given in accordance with Chapter 42.30 RCW. Applicants for site plan approval shall be mailed an agenda for the meeting at which their item will be considered prior to that meeting.
V. Presiding Officials.
A. Chairman and Vice Chairman. The term of the Chairman of the Board and Vice Chairman shall be for one year. The Vice Chairman shall be elected at the same time as the Chairman. The Chairman shall be counted to determine a quorum, and shall have the same rights as other members of the Board including the right to vote.
B. Duties. The Chairman shall have the authority and duty to conduct fair and impartial meetings, to take all necessary action to avoid delay in the disposition of proceedings, to maintain order, to regulate the course of the meeting and the conduct of the parties and their agents, to consider and rule upon all procedural and other motions appropriate to the proceeding, and to file recommendations, or decisions. During the absence, disability, or disqualification of the Chairman, the Vice Chairman shall exercise or perform all the duties and be subject to all the responsibilities of the Chairman. In the absence of the Chairman and Vice Chairman, the remaining members shall select an acting Chairman.
C. Presence of City Staff. The City Planning Director, or her/his designee, shall serve as secretary to the Board and also in an advisory capacity.
VI. Conduct of Meetings.
A. Quorum. A quorum shall consist of four members excluding any disqualifications.
B. Voting. Action may be taken by a majority of those present when those present constitute a quorum at any regular or special meeting of the Board. The concurrence of a majority of the members of the Board present not disqualified and voting shall be necessary to determine any question before the Board.
C. Meetings. The deliberation and proceedings of the Board shall be public. The public meeting shall include, but not be limited to, a brief introductory statement by the Chairman, and a report by City staff summarizing the application. The Board at its discretion may permit testimony by the applicant, testimony in support and testimony of opposing parties. Nothing shall prohibit the Board from soliciting explanations and additional input from the applicant or applicant’s representative and such other sources as the Board deems necessary to enable them to complete their review of the application.
D. Time Limitation. Regularly scheduled meetings of the Board shall conclude by 9:30 p.m. unless a majority of the Board members present agree to extend the meeting past such time.
E. Continuance of Meetings. The Board may continue or reopen proceedings for any good cause as deemed reasonable and appropriate.
VII. Recommendation.
A. Recommendation. A report of conclusions and recommendations shall be forwarded to the City Technical Committee after the conclusion of a public meeting. The conclusions and recommendations shall indicate how the recommendations carry out the goals, policies, plans and requirements of the Development Guide.
B. Content of Recommendation and Decision. A recommendation or decision shall include a statement of:
1. The nature of the proceedings.
2. Findings and Conclusions. The conclusions shall include findings of fact regarding contested issues of fact, and the conclusions shall be referenced to specific provisions of the Development Guide and review criteria incorporated therein, together with reasons and precedents relied upon to support the same. The conclusions shall make reference to the effect of the decision upon the Comprehensive Plan, as well as the effect of both approval and denial on property in the vicinity, business or commercial aspects, if relevant, and on the general public.
3. Recommendation. The recommendation or decision shall be based upon a consideration of the whole record of the application.
(Formerly Appx. F)