Agenda 08/13/2009 spc.„ Or Spokane Valley Planning Commission Agenda
CarleCouncil Chambers, 11707 E. Sprague Ave.
Valle k
y Aug 13, 2009 6:00 p.m. to 9:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES:
VI. PUBLIC COMMENT: On any subject that is not on the agenda
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
OLD BUSINESS: No OLD BUSINESS
NEW BUSINESS: PUBLIC HEARING, HEARING EXAMINER
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR
JOHN G. CARROLL , VICE-CHAIR GREG MCCORMICK, PLANNING MGR, AICP
CRAIG EGGLESTON SCOTT KUHTA, LONG RANGE PLANNER, AICP
JOE MANN MIKE BASINGER, SENIOR PLANNER, AICP
MARCIA SANDS CARY DRISKELL, DEPUTY CITY ATTORNEY
ART SHARPE DEANNA GRIFFITH,ADMIN
TOM TOWEY WWW.SPOKANEVALLEY.ORG
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: August 13, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent E old business ❑ new business ® public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Study Session to amend Spokane Valley Municipal Code as follows:
Chapter 18.20-Substantial rewrite of the chapter including additions the powers and
duties of the Hearing Examiner and provisions for both the removal of the Hearing
Examiner and Ex Parte Communications.
Appendix B-Substantial rewrite to include detailed procedures for items being heard by
the Hearing Examiner.
GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220
PREVIOUS PLANNING COMMISSION ACTION TAKEN: None
BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was
effective October 28th, 2007. Following the adoption of the code, a number of items were
discovered which were incorrect, impractical, or omitted. These amendments are corrections of
some of these items.
ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria
that amendments of the Spokane Valley Municipal Code must meet. Those criteria include:
1. The proposed amendment(s) are consistent with the applicable provisions of the
Comprehensive Plan.
2. The proposed amendment(s) bear a substantial relation to the public health, safety,
welfare and protection of the environment.
Staff Comment: Staff constantly reviews and takes in comments regarding its Code
provisions in an effort to fix things that are incorrect, don't work as intended, were
omitted in error, and to remove those provisions that our experience shows us are
unnecessary. We have been accumulating a number of potential changes as they
relate to code compliance-related provisions, which are provided in the attachment.
SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds
that:
(1) the proposed amendment is consistent with the applicable provisions of the
Comprehensive Plan; and
(2) the proposed amendment bears a substantial relation to the public health, safety,
welfare, and protection of the environment.
LUG-13 sets forth the intent to develop and maintain an efficient and timely
development review process. Timely reviews by a qualified Hearing Examiner will help
to expedite land use applications that require Public Hearings.
LUP-13.1 calls for the continuous review of the permitting process and modifications
when appropriate. The proposed amendments provide a more detailed and
comprehensive outline of the Hearing Examiners responsibilities.
The proposed amendments to the Municipal Code meet the above outlined goals and
policies, and are thus consistent with the Comprehensive Plan.
RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendments
meets the above noted criteria and recommend that the Planning Commission recommend
approval to the City Council of proposed amendments.
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Mike Connelly-City Attorney
ATTACHMENTS:
(1) Amended Text, Chapter 18.20
(2) Amended Text, Appendix B
Chapter 18.20
HEARING EXAMINER
Sections:
18.20.010 Authority.
18.20.020 Powers and duties Appointment
18.20.030 Powers and Duties
18.20.040 Removal
18.20.050 Ex Parte Communications
18.20.060 Conflict of Interest.
18.20.010 Authority.
The hearing examiner system is established in accordance with the provisions of RCW
35A.63.170, 36.706.120(3)and Chapter 58.17 RCW et seq. (Ord. 07-015§4, 2007).
18.20.020 Powers and dutic Appointment.
The he-Ting examiner shall have the following powers and duties:
A. The hearing examiner is appointed by the city manager with regard only for qualifications for
the duties of the office. The city manager alternatively may contract for hearing examiner
services or may appoint one or more hearing examiners pro tern. The hearing examiner will
conduct public hearings, prepare a record thereof, and enter findings, decisions or
recommendations as provided in this section.
a.Applications for variances;
b. Conditional use permits;
c. Special use permits;
c. Preliminary plats;
f.Appeals from any administrative decision of the department of community
uniform development code or other land use code or regulation;
g.Appeals on State Environmental Policy Act(SEPA)determinations;
determination (under SEPA);
I. Planned unit developments, including any environmental determination (under
SEPA); and
j.Any other applications or appeals that the city council may refer by motion or
city council.
2.All h wrings before the h aring examiner shall be conducted in the manner set forth in
Appendix B.
(Ord.07 015 ; '1,1007) B. The qualifications for the office of hearing examiner include a license to
practice law in the state of Washington, expertise in land use law and planning and the training
and experience necessary to conduct administrative or quasi-judicial hearings and to issue
decisions and recommendations on land use planning and regulatory matters.
18.20.030 Powers and Duties.
A. The hearing Examiner shall be under the administrative supervision of the City Manager.
B. The hearing examiner shall have the following powers and duties:
1.Annually provide a written report to the city manager, city council and director of the
community development department that states the number and type of hearings conducted and
decisions issued during the past year, the outcome of such decisions, recommendations for
improving the hearing examiner system, and pertinent observations and recommendations
regarding land use policies and development regulations.
2. Upon request, meet with the city manager, city council or director of community
development department to discuss the written report.
3. Receive and examine available information, make site visits, take official notice of
matters, conduct public hearings, prepare a record thereof, and enter findings, decisions or
recommendations.
4.As a part of the conduct of public hearings the hearing examiner shall have the
authority to:
a. Conduct pre-hearing conferences;
b. Require the submittal of information;.
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters, including motions and objections
appropriate to the proceedings;
e. Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
q. maintain order during the hearing process;
h. render decisions and issue written findings and conclusions;
i. include in a decision the conditions of approval necessary to ensure that the
application complies with the applicable criteria for its approval; and
j. Revoke any approval for failure to comply with the conditions imposed by the
hearing examiner where specifically authorized by the UDC or state law.
5.The hearing examiner shall hear the following matters:
a.Applications for variances;
b. Conditional use permits;
c. Special use permits;
d. Conditional use permits and variances under the shoreline master program;
e. Preliminary plats;
f. Appeals from any administrative decision of the department of community
development or the building official in the administration or enforcement of the Spokane Valley
uniform development code or other land use code or regulation;
q.Appeals on State Environmental Policy Act(SEPA)determinations;
h. Site-specific zone changes of property, including any environmental determination
(under SEPA);
i. Planned unit developments, including any environmental determination (under
SEPA); and
i.Any other applications or appeals that the city council may refer by motion or
ordinance, specifically declaring that the decision of the hearing examiner can be appealed to the
city council.
6.All hearings before the hearing examiner shall be scheduled and conducted in the
manner set forth in Appendix B.
7.Appeals of any decision of the hearing examiner shall be as is set forth in Chapter
17.90 SVMC. (Ord. 07-015 5 4, 2007).
18.20.040 Removal
The hearing examiner or hearing examiner pro-tem may be removed by the city manager
without cause; or, if serving under a contract, according to the terms or upon its expiration.
18.20.050 Ex Parte Communications
A. No person may communicate ex parte, directly or indirectly,with the hearing examiner.
The hearing examiner may not communicate exp arte with opponents or proponents of any
application unless the hearing examiner make the substance of such communication part of the
public record and provides the opportunity for any party to rebut the substance of such
communication as provided by law. The hearing examiner may reopen the hearing record prior to
a final decision to address such matters.
B. This section does not prohibit ex parte communication regarding procedural matters,
communication by the hearing examiner with his/her staff or the city attorney's office,
communication by the examiner for the sole purpose of conveying information regarding the
specifics of an application, or communication by the examiner with county departments for the
purpose of obtaining information or clarification, so long as the information or clarification
received by the examiner is made part of the record.
18.20.060 Conflict of Interest
The hearing examiner may not participate in a public hearing or decision-making process
where such participation would constitute a conflict of interest, pursuant to chapter 42.23 RCW.
Similarly,they may not participate in a public hearing or decision-making process where such
participation would violate the appearance of fairness doctrine, set forth in chapter 42.36 RCW,
unless the parties to such hearing or decision consent to or waive their right to object to such
participation.
Uniform Development Code Appendix B
Appendix B
Hearing Examiner Scheduling Rules of Procedure for the Hearing Examiner and and Rules ofthc Conduct-es
Hearings
BEFORE THE BOARD OF COUNTY COMMISSIONERS
IN THE MATTER OF ADOPTING RULES)
OF PROCEDURE FOR THE OFFICE OF ) RESOLUTION
THE HEARING EXAMINER )
• - , :. .. . -c provisions of the Revised Code o . •- _. _! : ,
County Commissioners of Spokane County has the care of Co. .. • . •• • . - .. .
and business;and
- . - r P_ t _ .... -- - ..
February, 1996, the Board of County Commissioners adopted a Hearing Examiner Ordinance which established the
Office of the Hearing Examiner,effective March 29, 1996;and
.. r .. ! -. tt. - - -• ••. •:-•
prescribe procedures to be followed by the Hearing Examiner;and
WHEREAS, pursuant Section 6 of the Hearing Examiner Ordinance, the Board of County Commissioners may
adopt interim procedures to be followed by the H wring Examiner;and
WHEREAS, the Division of Building and Planning and the Hearing Examiner recommend the Board of County
Commissioners adopt the attached Rules of Procedure;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the Chairman of the
SPOKANE COUNTY HEARING EXAMINER
RULES OF PROCEDURE
Sections:
A. Scheduling of Hearings.
B.Notice of Hearing—Effect of Notice.
C. Staff Reports on Applications.
D. Site Inspections.
E.Presentation of Evidence
F.Reopening or Continuing Hearings
G.Dismissal of Application
H.Record of Hearing
I.Decision
J.Reconsideration,Clerical Errors
1 Authority for Rules of Procedure
Definitions
3 Ex Parte Communications
�1 Disqualification
5 Hearing Examiner Authority
6 Scheduling of Hearings
7 Timeliness of Hearings
8 Hearing Backlog
9 Notice of H ring Effect of Notice
10 Staff Reports on Applications
11 Site Inspections
Effective October 28,2007
Page 1 of 12
Uniform Development Code Appendix B
12 Presentation of Evidence
13 Reopening or Continuing Hearings
11 Dismissal of Applications
15 Record of Hearing
16 Decision of the Rearing Examiner
17 Reconsideration
13 Compliance with Law
A. Scheduling of Hearings.
1. The department, in coordination with the hearing examiner, shall prepare an official agenda
indicating the dates and times that matters will be heard.The official agenda shall comply with all
time limits set forth in RCW 36.70B.110.
2. When practical,minor applications, such as a variance or matters that take less time, shall be
heard at the beginning of the day's agenda.
3. The hearing examiner may consolidate applications involving the same or related properties for
hearing.
B.Notice of Hearing—Effect of Notice.
1. Each public notice required for the hearing of an application shall conform to applicable statutory
and ordinance requirements. The notice should contain a statement that the hearing will be
conducted in the manner set forth in Appendix B.
2. Failure of a person entitled to receive notice does not affect the jurisdiction of the hearing
examiner to hear the application when scheduled and render a decision,if the notice was properly
published,mailed and posted.
3. A person is deemed to have received notice if the person appears at the hearing,or submits
written comments on the merits of the application,and the person fails to object to the lack of
notice promptly after the person obtains actual knowledge of the hearing date.
4 Disqualification. If required notice is not given and actual notice is not received,the hearing
examiner may reschedule the hearing or keep the record open on the matter to receive additional
evidence.
C. Staff Reports on Applications.
1 .The department shall coordinate and assemble the comments and recommendations of other City
departments and commenting agencies,and shall make a written staff report to the hearing
examiner on all applications.
2. At least seven calendar days prior to the date of the scheduled public hearing,the staff report shall
be filed with the office of the hearing examiner and mailed by first class mail or provided to the
applicant.At such time,the department shall also make the report available for public inspection.
Upon request,the department shall provide or mail a copy of the report to any requesting person
for the cost of reproduction and mailing.
3. If the staff report is not timely filed or furnished,the hearing examiner may at his/her discretion
continue the hearing,considering the prejudice to any party and the circumstances of the case.
4. The hearing examiner may make recommendations to the department on the format and content
of staff reports submitted to the hearing examiner.
D. Site Inspections.
1. The hearing examiner may make site inspections,which may occur at any time after the staff
report on an application has been filed with the hearing examiner and before the examiner renders
a final decision.The hearing examiner need not give notice of the intention to make an
inspection.
2 The inspection and the information obtained from it shall not be construed as new evidence or
evidence outside the record. If an inspection reveals new and unanticipated information,the
hearing examiner may, upon notice to all parties of record,request written response to such
information or reopen the hearing to consider the information.
Effective October 28,2007
Page 2 of 12
Uniform Development Code Appendix B
E.Presentation of Evidence
1. The format of the public hearing shall be organized so that the testimony and written evidence
can be presented quickly and efficiently. The format will generally be as follows:
a. a brief introduction of the matter by the hearing examiner;
b. a report by division staff including introduction of the official file on the application and its
procedural history,an explanation of the application,including the use of visual aids,and the
recommendation of the division on the application;
c. the submittal of testimony and documents by the party with the burden of proof at the
hearing.typically the applicant on an initial application or the appellant in the case of an
appeal:followed by persons in support of such party's position;
d. the submittal of testimony and documents by opposing parties;
e. rebuttal;
f. questions and clarifications;
g. closure of the hearing;
h. closure of the record and continuation of the matter for final decision.
2. All reasonably probative evidence is admissible by the hearing examiner. The hearing examiner
may exclude all evidence that is irrelevant, immaterial or unduly repetitious. The judicial rules of
evidence are not strictly applied,but may be used by the examiner for guidance. The hearing
examiner shall accord such weight to the evidence as he/she deems appropriate.
3. Documentary evidence may be received in the form of copies or excerpts,or by incorporation by
reference,at the hearing examiner's discretion. The examiner may require that the original of a
document be produced. A party submitting documentary material at the hearing should make
copies available at the hearing for review by the opposing party.
4. The hearing examiner may take official notice of judicially cognizable facts;federal,state and
local laws,ordinances or regulations;the County's Comprehensive Plan and other adopted plans
or policies of the county;and general,technical and scientific facts within the examiner's
specialized knowledge;so long as any noticed facts are included in the record and referenced or
are apparent in the examiner's final decision.
5. The hearing examiner may require that testimony be given under oath or affirmation. All
testimony taken by the hearing examiner in an appeal under section 11.10.170 of the Spokane
County Code shall be under oath.
6. The hearing examiner may allow the cross-examination of witnesses. The hearing examiner is
authorized to call witnesses and request written evidence in order to obtain the information
necessary to make a decision. The hearing examiner may also request written information from
or the appearance of a representative from any county department having an interest in or
impacting an application.
7. The hearing examiner may impose reasonable limitations on the number of witnesses to be heard
and the nature and length of their testimony to avoid repetitious testimony,expedite the hearing
or avoid continuation of the hearing,
8. The hearing examiner may cause the removal of any person who is being disruptive to the
proceedings,or continue the proceedings if order cannot be maintained. The examiner shall first
issue a warning if practicable.
9. No testimony or oral statement regarding the substance or merits of an application is allowable
after the close of the public hearing. No documentary material submitted after the close of
hearing will be considered by the hearing examiner unless the examiner has left the record open
for the submittal of such material and all parties are given an additional time to review and rebut
such material.
F. Reopening or Continuing Hearings
1. The hearing examiner may reopen or continue a hearing to take additional testimony or evidence,
or other compelling cause,provided a final decision has not been entered.
Effective October 28,2007
Page 3 of 12
Uniform Development Code Appendix B
2. If the hearing examiner announces the time and place of the continued hearing on the record
before the hearing is closed,no further notice is required. If the hearing is reopened after the
close of the hearing, all parties must be given at least five days noticed of the date,time,place
and nature of the reopened hearing.
3. Motions by a party for continuous or to reopen a hearing must state the reasons therefore and be
made as soon as reasonably possible. The motion must be submitted in writing unless made at
the hearing. The hearing examiner may continue or reopen a hearing on his/her own motion,
citing the reasons therefore.
4. If the decision of the hearing examiner rests upon issues of fact or law not raised by either party
at time of hearing,the examiner shall continue and/or reopen the hearing to a later date to allow
the parties an opportunity to comment and/or present evidence on those issues of fact or law.
G. Dismissal of Application
1. The hearing examiner shall conduct the public hearing based on the completed application. If the
hearing examiner deems that the application has been substantially changed since it was deemed
complete,the examiner shall dismiss the application without prejudice and direct that a new
application be submitted by the applicant and appropriate fees paid therefore. If the hearing
examiner determined that the proposal has been changed but not substantially,the examiner may
continue the hearing to give reviewing agencies an opportunity to review the changes made and
make recommendations deemed to be necessary under applicable rules and regulations.
2. The hearing examiner may dismiss an application pursuant to a request by the applicant to
withdraw an application,or for failure to the applicant to attend required hearings or provide
requested information. If the applicant notified the division of building and planning in writing of
the desire to withdraw an application prior to notice of hearing being mailed to the persons
entitled thereto,the dismissal shall be allowed without prejudice,and noted in the application file.
If the request for withdrawal of an application is received after such notice being mailed and
before a final decision is rendered,the application shall be dismissed with prejudice with the
same effect as a denial of the application on the merits,in that the same or similar application
cannot be considered by the hearing examiner for a one year period commencing with the date the
initial application was deemed complete.
H. Record of Hearing
1. The hearing examiner shall establish and maintain a record of all proceedings and hearings
conducted by the examiner,including an electronic recording capable of being accurately
transcribed and reproduced. Copies of the recording and any written portions of the record shall
be made available to the public on request for the cost of reproduction or transcription,as
determined by the chief examiner.
2.The record shall include,but is not limited to:
a. the application;
b. department staff reports;
c. all evidence received or considered by the hearing examiner;
d. the final written decision of the hearing examiner;
e. affidavits of notice for the hearing:
f. the environmental determination regarding the application:
g. the electronic recordings of the hearings and proceedings by the hearing examiner;and
h. the departmental file for the application, if incorporated into the record by the examiner.
3. The hearing examiner may authorize a party to have the proceedings reported by a court reporter
and have a stenographic transcription made at the party's expense. The hearing examiner may
also cause the proceedings to be reported by a court reporter and transcribed.
4. The hearing examiner shall have custody of the hearing record and shall maintain such record
until the period for appeal of the examiner's final decision has expired or the record is transmitted
Effective October 28, 2007
Page 4 of 12
Uniform Development Code Appendix B
to court or the board of county commissioners pursuant to an appeal of the examiner's final
decision.
I. Decision
1. The decision of the hearing examiner shall be in writing; include findings and conclusions based
on the record to support the decision,set forth the manner in which the decision would carry out
the Comprehensive Plan and the development regulations in the UDC,and include the contents
specified in SVMC 17.80.130(3).
2. he hearing examiner shall render a final decision within ten(10)working days following the
conclusion of all testimony and hearings,unless a longer time period is mutually agreed to in
writing by the applicant and the Examiner.
3. Notice of the decision shall be provided pursuant to SVMC 17.80.130(4).
J. Reconsideration,Clerical Errors
1. Any aggrieved party of record may file a written petition for reconsideration with the hearing
examiner within 10 calendar days following the date of the hearing examiner's written decision.
The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for
reconsideration to all parties of record on the date of filing. The timely filing of a petition for
reconsideration shall stay the hearing examiner's decision until such time as the petition has been
disposed of in writing by the hearing examiner.
2. The grounds for seeking reconsideration shall be limited to the following:
a. The hearing examiner exceeded the hearing examiner's jurisdiction;
b. The hearing examiner failed to follow the applicable procedure in reaching the hearing
examiner's decision;
c. The hearing examiner committed an error of law;
d. The hearing examiner's findings,conclusions and/or conditions are not supported by the
record.
e. New evidence which could not reasonably have been produced and which is material to the
decision is discovered; or
f. The applicant proposed changes to the application in response to deficiencies identified in the
decision.
3. The petition for reconsideration must:
a. Contain the name,mailing address,and daytime telephone number of the petitioner,or the
petitioner's representative,together with the signature of the petitioner or of the petitioner's
representative;
b. Identify the specific findings, conclusions, actions,and/or conditions for which
reconsideration is requested;
c. State the specific grounds upon which relief is requested;
d. Describe the specific relief requested;and
e. Where applicable, identify the specific nature of any newly discovered evidence or changes
proposed.
4. The petition for reconsideration shall be decided by the same hearing examiner who rendered the
decision, if reasonably available.The hearing examiner shall provide notice of the decision on
reconsideration in accordance with SCC 30.72.062.Within 14 days the hearing examiner shall:
a. Deny the petition in writing
b. Grant the petition and issue an amended decision in accordance with the provisions of SCC
30.72.060 following reconsideration;
c. Accept the petition and give notice to all parties of record of the opportunity to submit written
comment. Parties of record shall have 10 calendar days from the date of such notice in which
to submit written comments.The hearing examiner shall either issue a decision in accordance
with the provisions of SCC 30.72.060 or issue an order within 15 days after the close of the
comment period setting the matter for further hearing. If further hearing is ordered,the
Effective October 28,2007
Page 5 of 12
Uniform Development Code Appendix B
hearing examiner's office shall mail notice not less than 15 days prior to the hearing date to
all parties of record;or
d. Accept the petition and set the matter for further open record hearing to consider new
evidence,proposed changes in the application and/or the arguments of the parties.Notice of
such further hearing shall be mailed by the hearing examiner's office not less than 15 days
prior to the hearing date to all parties of record.The hearing examiner shall issue a decision
following the further hearing in accordance with the provisions of SCC 30.72.060.
5. A decision which has been subjected to the reconsideration process shall not again be subject to
reconsideration;provided that a decision which has been revised on reconsideration from any
form of denial to any form of approval with preconditions and/or conditions shall be subject to
reconsideration.
6. The hearing examiner may consolidate for action,in whole or in part,multiple petitions for
reconsideration of the same decision where such consolidation would facilitate procedural
efficiency.
7. Clerical mistakes and errors arising from oversight or omission in hearing examiner decisions
may be corrected by the hearing examiner at any time either on the examiner's initiative or on the
motion of a party of record. A copy of each page affected by the correction,with the correction
clearly identified,shall be mailed to all parties of record. This shall not extend the appeal period
fro the decision.
1. Authority for Rules of Procedure.
procedures applicable to all matters coming before the Hearing Examiner.
2. Definitions.
For the purposes of these rules:
of the Hearing Examiner.
B. "Division of building and planning"or"division"means the Division of Building and Planning, Spokane
County Public Works Department.
C. "Examiner", "chief Hearing Examiner", "deputy Hearing Examiner" and "examiner pro tempore" shall
have the meanings assigned to such terms in the Hearing Examiner Ordinance.
D. "Ex parte communication" means any oral or written communication made by any person, including a
county employee or official,pertaining to a matter that is or will be within the jurisdiction of the Hearing
Examiner and that is made outside of a public h aring and is not included in the public record.
E. "Party"m ans any person who has appeared at a public hearing conducted by the examiner.
opportunity for any party to rebut the substance of such communication as provided by law.The Hearing
Examiner may reopen the hearing or record prior to a final decision to address such matter.
the Hearing Examiner with his\her staff or the county prosecuting attorney's office, communication by
Effective October 28, 2007
Page 6 of 12
Uniform Development Code Appendix B
clarification, so long as the information or clarification received by the examiner is made part of the
record.
11. Disqualification.
A. The Hearing Examiner may enter an order disqualifying the examiner from consideration of an
application in the event of a conflict of interest.
:° •:-- , -- •-• -- -" - ... - - - - . .
C. Anyone seeking to rely on the appearance of fairnes., doctrine or conflict of interest to disqualify the
•
disqualification is known.
D. The Hearing Examiner shall rule on the issue of disqualification in ch instance when it is raised.
5. Hearing Examiner Authority.
• • .. • .. �.. .. .. . . . .7 •
deputy examiner or examiner pro tempore.
B. The H aring Examiner shall have such powers as are necessary to carry out the intent of the !leering
Examiner
Examiner Ordinance, including the authority to:
(1) conduct pre hearing conferences;
(2) require the submittal of information;
(3) schedule and continue hearings;
the proceedings;
(5) receive evidence and cause preparation of a record; (6)regulate the course of hearings and the
conduct of the parties and their agents;
(7) maintain order;
(8) render decisions and enter written findings and conclusions;
(9) include in a decision the conditions of approval necessary to ensure that the application
complies with the applicable criteria for its approval;and
(10) revoke any approval for failure to comply with the conditions imposed by the Hearing
Examiner.
6. Scheduling of Hearings.
week.
B. To provide a convenience to the public, when p . • , -- ..: • . •- . - . . •.
Examiner may consolidate for hearing applications under the jurisdiction of the Hearing Examiner
involving the same or related properties.
Effective October 28,2007
Page 7 of 12
Uniform Development Code Appendix B
D. The chief examiner shall notify the division in advance of his\her intent to take authorized leave, to
•
conduct hearings during the chief examiner's absence.
7. Timeliness of Hearings.
days that have elapsed since the applicant was notified by the division that the respective project permit
application was complete. Such advisement shall state the period(s)of time, if any,that were excluded in
B. The chief examiner shall, if possible, schedule a hearing on the project permit application within a
sufficient period of time to assure compliance with the 120 day period specified in RCW 36.70B.11O. If
the 120 day time period is not complied with, the Hearing Examiner shall provide written notice to the
project applicant stating the reasons for noncompliance and the estimated date for issuance of the notice
of final decision.
C. This section shall apply only to project permit applications within the Examiner's jurisdiction and filed
on or after April 1, 1996.
8. Heating Backlog.
application will be delayed for more than six weeks or cannot be scheduled to meet the time limit provided for
in RCW 36.70B.110, due to the number of hearings already scheduled before the examiner.The chief examiner
address such concerns.
A. Each public notice required for the hearing of an application shall conform to applicable statutory and
the rules of procedure adopted by the Hearing Examiner.
Examiner to h ar the application when scheduled and render a decision, if the notice was properly nailed
and posted.
C. A person is deemed to have received notice if the person appears at the hearing or submits written
information regarding the merits of the application,even if notice was not properly nailed or posted.
D. If required notice is not given and actual notice is not received,the Hgaring Examiner may reschedule the
hearing or keep the record open on the matter to receive additional evidence.
P .
A. The division of building and planning shall coordinate and assemble the comments and recommendations
Hearing Examiner on all applications.
filed with the office of Hearing Examiner and mailed by first class mail or provided to the applicant. At
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•
• -- . . - .. ... . _. -- - •• - - - - -S -- • ..
C. If the staff report is not timely filed or furnished, the Hearing Examiner may at his\her discretion
continue the bearing, considering the prejudice to any party and the circumstances of the case.
D. The staff report shall succinctly include the following information,as relevant to the application:
(1) a description of the application;
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Uniform Development Code Appendix B
technical advisor or agent representing the applicant;
(3) the name and office of the staff person preparing the report;
(1) the location and general physical characteristics of the site, including size, dimensions,
topography and existing uses;
land use actions involving the site;
(6) a technical data summary of the minimum lot sizes, all. - - • ---•• - •
and comparison of allowable uses under the existing and proposed zoning of the site;
recent land use actions or development trends in the surrounding area;
(3) the application's compatibility and impact on the zoning and character of the surrounding arca;
(9) a summary of the relevant and material provisio- : •- : --• • - . , .-e --
consistency of the application with such provisions, the county zoning code and applicable
development regulations;
controls;
(11) a summary of the type and service capacities of existing facilities and infrastructure, and the
impact of the application thereon;
commenting or consulted;
(13) pertinent information regarding the State Environmental Policy Act and chapter 11.10 of the
Spokane County Code;
(11)analysis of the benefits offered by the application to the community;
application;
(16)the current population de '- •• -- ;••- . • ;
SEPA;and
(13)a zoning map and comprehensive plan map for the s' • •-•-'; . - . .. - - ---site plan,if any,for the application.
submitted to the H aring Examiner.
11. Site Inspections.
A. The Hearing Examiner may make site inspections, which may occur at any time after the staff report on
outside the record. If an inspection rev Is new and unanticipated information, the Hearing Examiner
h aring to consider the information.
12. Presentation of Evidence.
A. The format of the public hearing shall be organized so that the testimony and written evidence can be
presented quickly and efficiently.The format will generally be as follows:
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Uniform Development Code Appendix B
(2) a report by division staff including introduction of the official file on the application and its
procedural history, an explanation of the application, including the use of visual aids, and the
recommendation of the division on the,.pplication;
(3) the submittal of testimony and documents by the pasty with the burden of proof at the hearing,
followed by persons in support of such party's position;
(1) the submitt"l of testimony and documents by opposing parties;
(5) rebuttal;
(6) questions and clarifications;
(7) closure of the hearing;
(8) closure of the record and continuation of the matter for final decision.
such weight to the evidence as heshe deems appropriate.
document be produced. A party submitting documentary material at the hearing should make copies
available at the hearing for review by the opposing party.
D. The H aring Examiner may take official notice of ._ :.. - ; - , .. .--•: - .
laws, ordinances or regulations; the county's comprehensive plan and other adopted plans or policies of
long as any noticed facts arc included in the record and referenced or arc apparent in the examiner's final
decision.
E. The Hearing Examiner may require that testimony be given under oath or affirmation. All testimony
be under oath.
F. The Hearing Examiner may allow the cross examination of witnesses. The Hearing Examiner is
a representative from any county department having an interest in or impacting an application.
G. The H aring Examiner may impose reasonable limitations on the number of witnesses to be heard and
continuation of the hearing.
practicable.
I. No testimony or oral statement regarding the substance or merits of an application is allowable after the
. - --• - • -• - -- . • - . -- . . _ . . ." . . - . . .
13. Reopening or Continuing Hearings.
A. The Hearing Examiner may reopen or continue a hearing to take additional testimony or evidence, or
other compelling cause,provided a final decision has not been entered.
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Uniform Development Code Appendix B
-- - . - -• . t.- s the time and place of the continued hearing on the record before the
hearing is closed,no further notice is required. If the hearing is reopened after the close of the hearing,all
C. Motions by a party for continuance or to reopen a hearing must state the reasons therefore and be made
Hearing Examiner may continue or reopen a h ring on his\her own motion,citing the reasons therefore.
14. Dismissal of Application.
A. The Hearing Examiner shall conduct the public h aring based on the completed application. If the
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be submitted by the applicant and appropriate fees paid therefore. If th - . --; - -• - --• -
application until all reviewing agencies have been given an opportunity to review the changes made and
make recommendations deemed to be necessary under applicable rules and regulations.
B. The Hearing Examiner may dismiss an application pursuant to a request by the applicant to withdraw an
application,or for failure of the applicant to attend required hearings or provide requested information. if
merits, in that the same or similar application cannot be considered by the Hearing Examiner for a one
year period commencing with the date the initial application was deemed complete.
15. Record of Hearing.
A. The Hearing Examiner shall establish and maintain a reco - • - --by the examiner, including an electronic recording capable of being accurately transcribed and
reproduced. Copies of the recording and any written portions of the record shall be made available to the
B. The record of hearing shall include,but is not limited to:
(1) the application;
(2) department staff reports;
('1) the final written decision of the Hearing Examiner;
(5) Affidavits of notice for the hearing;
(6) the environmental determination regarding the application;
(3) the departmental file for the application, if incorporated into the record by the examiner.
C. For purposes of appqal to court or to the board of county commissioners,the electronic recording shall be
of the hearing and other proceedings need be transcribed.The I-fearing Examiner shall in all cases certify
the official record and transcript for the purpose of appeal.
D. The Hearing Examiner may authorize a party to have the proceedings reported by a court reporter and
. . --ade at the party's expense.The Hearing Examiner may also cause the
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Uniform Development Code Appendix B
E. The Hearing Examiner shall have custody of the hearing record and shall maintain such record until the
board of county commissioners pursuant to an appeal of the Examiner's final decision.
16. Decision of the Hearing Examiner.
A. The decision of the Hearing Examiner shall include at 1 ast the following:
(I) a description of the application;
(2) the location of the property;
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(1) the date and location of the hearing;
(6) a list of exhibits,or summary of such list;
. -- - - - • •- . :'nance or criteria governing approval of the application;and
(8) written findings of fact, conclusions, and a final decision based on such findings and
• - . - examiner deems appropriate.
. . - .� ... . .. . • . . .. . ..
. - -
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decision to the division of buildings as soon as possible.
C. No later than three (3) working days following the rendering of the final decision, copies of the final
in the case. - ... . . - - -• - -D. Appeals from the Hearing Examiner's final decision must be taken in the manner and within the time
frames established by the Hearing Examiner Ordinance.
17. Reconsideration.
The H ring Examiner shall have limited authority to reconsider or clarify a final decision, which shall be
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13. Compliance with Law.
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