Public hearings on all Type III, IV, and V project permit applications shall be conducted in accordance with this chapter. Public hearings on Type III project permit applications shall also be conducted in accordance with the applicable provisions of Chapter 2.92 FMC.
(Ord. 1227 § 44, 1996; Ord. 1593-06 § 35, 2006)
A. 
Director's Decision to Hold Joint Hearing. The director may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, or federal agency on the proposed action; provided, that the hearing is held within the city limits and the requirements of subsection (C) of this section are met.
B. 
Applicant's Request for a Joint Hearing. The applicant may request that the public hearings on a permit application be combined as long as the timing of the hearing allows the application to be processed within the time periods set out by this title. The director shall determine if the timing of the public hearing will meet with the requirements of this title. The applicant may agree to an extension of the time period to hold such a hearing.
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:
1. 
The other agency is not expressly prohibited by statute from doing so;
2. 
Sufficient notice of the hearing is given to meet each of the agency's adopted notice requirements as set forth in statute, ordinance, or rule;
3. 
The other 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 city's hearing;
4. 
The hearing is held within the geographic boundary of the city.
(Ord. 1227 § 45, 1996)
The director shall:
A. 
Schedule an application for review and public hearing;
B. 
Give notice of the hearing as required by FMC 14.06.030;
C. 
Prepare the staff report on the application which shall be a single report stating all of the decisions and recommendations made as of the date of the report, including a recommendation on project permits in the consolidated permit process that do not require an open record hearing. The report shall state any mitigation required or proposed under the development regulations or the city's authority under SEPA. If the threshold determination other than a determination of significance has not been previously issued by the city, the report shall include that determination;
D. 
Prepare the notice of decision, if one is required, and mail a copy of the notice to those required by this code to receive such decision.
(Ord. 1227 § 46, 1996)
A. 
No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before the body, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless the body provides notice and opportunity for all parties to participate.
B. 
If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication by placing on the record the ex parte communications as follows:
1. 
All written communications received;
2. 
All written responses to the communications;
3. 
State the substance of all oral communications received and all responses made;
4. 
The identity of each person from whom the member of the hearing body received any ex parte communication.
The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within 10 days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.
C. 
Disqualification. A member of the hearing body who is disqualified shall be counted for the purposes of a quorum. Any member who is disqualified must make full disclosure of the reason for being disqualified to the audience, abstain from voting on the proposal, vacate his or her seat on the hearing body, and physically leave the hearing. If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be requalified and shall proceed to hear the application. A member of the hearing body absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has had adequate time to review the evidence received.
(Ord. 1227 § 48, 1996)
Except for Type V land use applications, the burden of proof is on the proponent. The project permit application must be supported by proof that it conforms to the applicable elements of the city's development regulations and comprehensive plan and that any significant environmental impacts have been adequately addressed.
(Ord. 1227 § 49, 1996)
The order of proceedings for a hearing will depend in part upon the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.
A. 
Before receiving any information on the application, the following shall be determined:
1. 
Any objections on jurisdictional grounds shall be noted on the record and if there is an objection, the hearing body has the discretion to proceed or terminate the hearing.
2. 
Any abstentions or disqualifications shall be determined.
B. 
The presiding officer may take official notice of known information related to the application such as:
1. 
A provision of any ordinance, resolution, rule, officially adopted development standard or state law.
2. 
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 (2) of this section if stated for the record. Any matter given official notice may be rebutted.
D. 
The hearing body may view the project site only with notification to all of the parties and with the opportunity for all parties to attend the view, and 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 meeting, the hearing body shall openly discuss the issue and may further question a person submitting information or staff if opportunity for rebuttal is provided.
(Ord. 1227 § 50, 1996)
A. 
Following the hearing procedure, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse, or remand the decision that is on appeal.
B. 
The city shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA and the procedures for administrative appeal, if any.
C. 
The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.
(Ord. 1227 § 51, 1996; Ord. 2133 § 6, 2024)