11-2C-11: PUBLIC HEARING PROCEDURES:
   A.   One Hearing: The reviewing authority will hold no more than one open record hearing in relation to a given project permit application, including a consolidated permit application.
   B.   Predecision Hearing, Time: A predecision open record hearing pertaining to project permit application must not occur prior to fifteen (15) days after issuance of any threshold SEPA determination related to the given application.
   C.   Combining Hearings: The city may combine a hearing on a project permit with a hearing that may be held by another local, state, regional, federal, or other agency, provided the joint hearing is held within the city. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in subsection B of this section. The applicant may agree to a different schedule in the event that additional time is needed in order to combine hearings.
   D.   Publish And Mail Notices: The notice of public hearing may be combined with the notice of application, as required by section 11-2C-9 of this article. Prior to the public hearing, the community development director must:
      1.   Publish notice of the hearing in the newspaper of legal record. The city shall publicize said hearing notice for two (2) consecutive weeks in the newspaper of record; and
      2.   At least fourteen (14) days prior to the public hearing, mail by first class mail notice of the hearing to the neighboring real property owners within three hundred feet (300') of the boundaries of the subject property (as listed on the records of the Pacific County assessor).
   E.   Contents Of Notice: Notices of public hearings under subsection D of this section must include:
      1.   A brief description of the project;
      2.   The project location;
      3.   The permit(s) required;
      4.   The time, date, and place of the hearing, and closing date for comments;
      5.   The location where further information can be obtained; and
      6.   A statement of the right of any person to submit oral or written comments at the hearing.
   F.   Conduct Of Hearing; Procedures: Public hearings must be conducted in accordance with the following procedures:
      1.   The hearing body is subject to the code of ethics 1 , prohibitions on conflict of interest 2 , the open public meetings act 3 , and the appearance of fairness doctrine 4 , the same as now exist or may later be amended.
      2.   The applicant bears the burden of proof and must demonstrate that his/her application conforms to applicable elements of the city's development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
      3.   The hearing body may recess a public hearing in order to obtain additional information. Upon recessing for this purpose, the hearing body shall announce the time and date when the public hearing will be resumed.
   G.   Agenda: The agenda of the open record public hearing will generally observe the following sequence of events:
      1.   Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified must be counted for purposes of forming a quorum. A disqualified member must make full disclosure on the record, must not participate in discussion of the matter, and must abstain from voting on the proposal.
      2.   City staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
      3.   Applicant's presentation, including submittal of any materials supplementary to the application. Members of the hearing body may ask questions of the applicant.
      4.   Testimony or comments by the public relevant to the matter. The chair will prohibit anonymous public comment. Questions from the public directed to the staff or the applicant will be posed by the chair at its discretion.
      5.   Rebuttal, response, or clarifying statements by the applicant and the city staff.
   H.   Submitting Letters: For those members of the public who are unable to attend the open record public hearing but wish to comment, letters may be submitted for the record prior to the public hearing. (Ord. 848, 8-17-2009)

 

Notes

1
1. RCW 35A.42.020.
2
2. RCW 35A.42.020, ch. 42.23.
3
3. RCW ch. 42.30.
4
4. RCW ch. 42.36.