14.04.070 Open record public hearings.
Before acting on one of the project permit applications set forth in Section 14.04.050, the reviewing agency shall conduct an open record public hearing. The burden of proof shall be on the applicant. The application must be supported by proof that it conforms to the applicable elements of the city’s development regulations, comprehensive plan and zoning code.
Prior to the open record public hearing, city staff shall submit a single report describing all decisions or recommendations to be made on the project permit under consideration. The report shall state any mitigation measures required or proposed. The report shall include or append any threshold environmental determination other than a determination of significance.
In addition to any rules adopted by the reviewing agency, the following rules of procedure shall apply:
A. A member of the reviewing agency who is disqualified shall be counted for purposes of forming a quorum.
B. If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be considered requalified and shall proceed to resolve the issues.
C. A member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received and shall not be counted in determining if a quorum is present.
D. Any member of the hearing body may view the area to which the application pertains, with or without notice to the parties.
E. Prior to hearing evidence on the application, each member of the reviewing agency shall state the time, manner and circumstances of any viewing of the area to which the application pertains and of all ex parte communications pertaining to the application.
F. The presiding officer shall describe all written materials relating to the application which have been received by the reviewing agency.
G. If the presiding officer has closed the public portion of the hearing, the reviewing agency may openly discuss the issue and may further question a person submitting information or staff if opportunity for rebuttal is provided.
H. Following the hearing or any continued hearing, the reviewing agency shall approve, conditionally approve or deny the application. If the hearing is an appeal, the reviewing agency shall affirm, reverse or remand the decision that is on appeal.
I. A written decision shall be issued within ten days after the hearing on the project permit application or appeal or within ten days after any continued hearing. The written decision shall be signed by the presiding officer.
J. The city shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA. The notice of decision shall be provided to the applicant, to any person who requested notice of the decision and to any person who submitted oral or written comments on the application. If the notice is delivered by mail, notification will be deemed complete three days after mailing by regular mail. (Ord. 827 § 7, 1997).