17.80.370 Public meetings and public hearings.
(1) This section sets forth procedures for public meetings and hearings.
(a) Public Meetings. The purpose of a public meeting is to provide the public with the opportunity to learn about a project and/or the city, a board or panel, or decision maker to ask questions for a better understanding of a project. Meetings are not as formal as a hearing, do not require public testimony, and are not required to be recorded.
(b) Public Hearings. The purpose of having hearings is to provide decision makers with an opportunity to obtain additional information and to provide the public with an opportunity to introduce that information and to make their views known. Public hearings are required when this chapter or state law requires a hearing; when a hearing is required, the following shall apply:
(i) A verbatim record shall be kept;
(ii) Those present shall be given the opportunity to testify under oath;
(iii) The hearing authority shall be allowed to ask questions of those testifying;
(iv) The hearing shall be conducted to ensure fairness to all parties;
(v) The hearing authority may subpoena witnesses; and
(vi) A hearing may be kept open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six months or more elapses between meeting dates.
(2) Notices of public meetings or hearings shall include the following information:
(a) The date, time, and place and/or manner of the meeting or hearing.
(b) Location of the site.
(c) A brief description of the request, and any proposed modifications or variances.
(d) Applicant’s name.
(e) Project name and file number and a statement of its availability for inspection by the public.
(f) A statement of the right of any person to submit written testimony to the appropriate permit-issuing authority and to appear at the public hearing to give testimony orally.
(g) A statement that only persons who submit written or oral testimony to the permit-issuing authority may appeal the decision.
(h) A statement announcing the city’s goal of complying with the intent of the Americans with Disabilities Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD services.
(3) Burden of Proof/Testimony.
(a) The burden of presenting evidence to the permit-issuing entity sufficient to lead it to conclude that the application should be approved, conditioned, or denied shall be upon the applicant or their designated agents. Unless otherwise specified in statute or ordinance, the standard of proof shall be preponderance of the evidence.
(b) All persons in attendance that wish to testify shall be sworn in.
(c) All findings and conclusions necessary to the issuance of a decision shall be based upon reliable evidence.
(4) Joint Public Meetings or Hearings.
(a) Approval Authority’s Decision to Combine Joint Hearing. At the applicant’s request, the approval authority may combine any public hearing on a 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 RCW 36.70B.110(7) are met.
(b) Applicant’s Request for a Joint Meeting or 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 chapter. 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 Meeting or 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 meeting or 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 meeting or hearing at the same time as the local government hearing; and
(iv) The meeting or hearing is held within the geographic boundary of the local government.
(5) Record.
(a) Electronic recordings shall be made of all hearings required by this chapter, and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. The written decision of a hearing examiner shall meet the requirement for minutes of the hearing examiner public hearing.
(b) Whenever practicable, all documentary evidence presented at a hearing, as well as all other types of physical evidence, shall be provided to the city in digital form and shall be made a part of the record of the proceedings and shall be kept by the city for at least two years. (Ord. 1499 § 6 (Exh. F), 2021).