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Resolution 249 ,~ ~ c /'" ~ CITY OF YELM LAND USE AND DEVELOPMENT HEARING PROCEDURES CITY COUNCIL RESOLUTION NO. 249 PLANNING COMMISSION RESOLUTION NO. 1 A RESOLUTION ESTABLISHING GENERAL PROCEDURES CONDUCT OF HEARING AND MEETINGS OF THE YELM COMMISSION AND CITY COUNCIL WITH RESPECT REGULATION AND DEVELOPMENT. FOR THE PLANNING TO LAND WHEREAS, establishing uniform and consistent hearing procedures helps to ensure fair and efficient decisions-making; and WHEREAS, it is the intent of the City of Yelm to afford all citizens constitutionally guaranteed due process; NOW THEREFORE, BE IT RESOLVED by the Planning Commission and City Council of Yelm, Washington: SECTION 1. AUTHORITY This resolution is enacted and adopted pursuant to Y.M.C. 2.36.030 and RCW 35A.12.120, and applies to the actions of the City Council and planning Commission when acting under authority of RCW 35A.63, 35.63, 25.58, 35A.58, 58.17 and similar land use regulation and development statutes. SECTION 2. INTERPRETATION The word "may" is permissive and optional. The word "will" is an indication of good faith intent. Failure of any governing body, committee, or staff member of the City of Yelm to comply with any specific provision of this resolution will not and should not be cause to invalidate any decision made in conformance with law and with the intent of this resolution. For purposes of this Resolution the following definitions shall be applicable: APPEARANCE OF UNFAIRNESS - a circumstance or set of circumstances which could lead a fair-minded person in attendance at all of the meetings on a given issue to conclude that someone had not been heard who in fairness should have been heard or that a member of the Commission or Council did not or could not give reasonable faith and credit to all matters, testimony and information presented. HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51 \hearings PAGE 1 COUNCIL - City Council of Yelm, Washington. CHAIR - The person presiding at a meeting of the Commission or Council. o COMMISSION - The Yelm Planning Commission. CONFLICT OF INTEREST - Any economic interest in any proceeding or action by an individual or by that individual's employer, business partner, business associate, or any related person by blood, law, or marriage within the second degree, such as a parent, brother, guardian, uncle, first-cousin, grandparent, or grandchild. EXHIBIT - Any document or paper filed and made a part of the record of a proceeding. Exhibits include maps, plats, drawings, letters, affidavits, depositions, petitions, photographs, slides, blueprints, video tapes, films, and reports. HEARING - A session in which witnesses are heard and testimony is taken. LEGISLATIVE ACTION - An action adopting, amending, or revising a comprehensive, community, or neighborhood plan or other land use planning document or the adoption of an area-wide zoning ordinance or the adoption of a zoning amendment that is of area-wide significance. QUASI-JUDICIAL ACTION - An action of the Councilor Commission or a hearing examiner which determines the legal rights, duties, or privileges of specific applicants or parties in a hearing or other contested case or proceeding. f" ~ HEARING EXAMINER - A person appointed by the Councilor Commission to hear a land development matter pursuant to R.C.W. 35A.67.170 or other authority. MEETING - A session where the Councilor Commission reviews, discusses , receives testimony on, votes on or takes any other action relating to a land development matter before that body. Meetings shall include hearings, both legislative and quasi- judicial, work sessions, and regularly or specially-scheduled meetings. MEMBER - A person duly appointed or elected to a seat on either the Councilor Commission. PLANNER - The Yelm City Planner. HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51\hearings PAGE 2 ("\ ~ o c c\ QUORUM - A majority (more than one-half) of the voting members of the body. Any positions unfilled shall not be included in the count of voting members. STAFF - Employees of and consultants to the City of Yelm. SECTION 3. HEARING AND MEETING PROCEDURES A parliamentarian shall not be required at hearings or meetings. Neither the Council nor Commission shall be required to adhere to "Robert's Rules of Order" or any other rules of order except as adopted herein or otherwise by the Councilor Commission. A. At all meetings the Council and MEETING PROCEDURES Commission will: 1. Provide written notice to all members of the time and place of the meeting at least five days prior to the meeting. Take no action without a quorum present. Where a recommendation to the Council is required by law, the Commission may act without a quorum provided such action is unanimous and confirmed by a quorum prior to final action on the matter by the Council. A quorum will not be required for a hearing only. 3. Take and maintain a transcribable record of all discussiops, votes and actions relating to the subject of any quasi-judicial hearing. 2. 4. Hold all meetings of the Commission and Council open to the public as provided by the Open Meetings Act, and with such exceptions as set forth in Chapter 42.30.R.C.W. 5. Take written minutes of all meetings. B. HEARING PROCEDURES Commission will: At all hearings the Council and 1. Take and maintain a transcribable record; 2. Conduct the hearing in accordance with the procedures of Section 4 of this Resolution; HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO.1 wp51\hearings PAGE 3 4. 3. Allow testimony from witnesses and other interested parties; o Require every person wishing to testify at the hearing to be identified for the record by written name and address; 5. Provide an opportunity for any interested person to obtain notice of the result -of the hearing; 6. Mark every exhibit offered, and enter exhibits into the record; and 7 . Close the hearing. testimony shall be reopened. closed, new hearing is Once the hearing allowed only if is the C. PROCEDURES IN QUASI-JUDICIAL HEARINGS - In addition to the above procedures, in every quasi-judicial hearing, the Council or Commission will: 1. Enter into the record any oral or written testimony, letters, reports, exhibits, or other information received prior to the hearing. 2. State the substance of any testimony, comments, or other information communicated to the Commission, Board or staff prior to the hearing. This information will be made a part of the record by the individual receiving such communication. Interested parties will be provided an opportunity to question and respond to such testimony. (Members should endeavor to avoid contacts outside of the hearing regarding quasi-judicial actions prior to a final decision on the issue.) o 3. Allow testimony from the applicant; 4. Allow testimony from all interested parties; 5. Allow responsive testimony from the applicant; 6. Allow all interested parties an opportunity to respond to new testimony; 7. Receive any tentative findings of fact or recommendations from any person; HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51\hearings PAGE 4 o c c c 8 . Upon request by any interested party, provide copies of any and all exhibits to be included in the record or, where duplication is not feasible, an opportunity to inspect and review such exhibits. Duplication costs may be charged to the requesting party; and 9. Consider impartially all testimony and evidence presented at the hearing. D. OPTIONAL HEARING PROCEDURES - In all hearings, the Councilor Commission may: 1. Require the staff to introduce and report on the application. The staff may present exhibits, including tentative findings of fact and recommendations. 2. Question any witness or the staff at any time during or after the close of the hearing. 3. Take notice of any member's own knowledge and experience on any particular issue, so long as all such information and statements are added to the record at the time of the hearing and all interested parties allowed an opportunity to question and respond to such knowledge and experience. Require all interested parties to first state their position on the issue in writing. Such statement may be required three (3) days prior to any hearing. If written statements on the issue are to be required, this requirement must be included in the legal notice published before the hearing. All such written statements must be signed by the person making them, and shall include his or her mailing address. 5. Limit the time each witness may speak at the hearing; however, notice must be given to all present at the opening of the hearing if the time for each witness to speak is to be limited. 4. 6. Continue the hearing to a later date or reopen a closed hearing if sound and legal cause is stated. Whenever a hearing is to be reopened or continued at a later date, notice shall be posted in accordance with RCW 42.30.010 and individual notice shall be supplied to all parties appearing at such hearing and requesting such notice. HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51\hearings PAGE 5 7 . Appoint or call upon a duly-appointed hearing examiner to preside at the hearing for the purpose of compiling a record of the hearing or preparing a recommendation or decision. 1\. ~ SECTION 4. CONDUCT OF PUBLIC HEARINGS Each hearing will be conducted according to the following rules: A. All hearings will be held at a time and place reasonably conducive to the convenience and comfort of members of the hearing body and interested parties. B. All hearings will be held in a room designed to accommodate the number of persons expected to attend the hearing. The room will be accessible to all interested parties. C. The Chair will first call the meeting to order. D. The Chair will request that any member state whether he or she has any actual conflict of interest or any relationship to the topic of the hearing which could result in an appearance of unfairness. Any such member should then act in accordance with section 10(C). E. The Chair will open the hearing. ('-, ~ F. The Chair will give an introductory statement which will include the Chair's name and title, date and location of the hearing, the history of the proposal, the purpose of the hearing, the legal authority for action, an explanation of the notice of the hearing, and the method of receiving oral and written statements that will be employed. G. The Chair will be responsible for the general conduct of the hearings, and will rule on all evidentiary matters and accept or reject exhibits offered into evidence. All oral and written statements, documents, evidence and testimony must be relevant to the topic of the hearing. The Chair may reject all evidence and test~mony which the Chair determines is not relevant to the topic of the hearing and refuse to accept such evidence into the hearing. HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51\hearings PAGE 6 n ~j c c c H. The Chair will be responsible for maintaining order at all meetings and hearings and may eject individuals from the meeting room or take other actions found to be necessary to the maintenance of order. However, no person will be deprived of any opportunity to give testimony or address the hearing body without due warning. I. The Chair will direct each person who wishes to give testimony to state his or her name and address. The Chair will state any time limit to be imposed and stop testimony at the end of that time limit. The secretary will ensure that all names and addresses are clearly stated and recorded. J. Before or after any applicant has completed his or her presentation, the Chair may entertain questions on the subject of the hearing from the audience at large, so long as each participant is fully recognized for the record. K. The secretary will accept and mark all exhibits offered into evidence, and will ensure that all persons who testify, offer evidence, or make any statement to the hearing body are properly identified for the record. All exhibits shall be marked to indicate the date and name of the hearing and who introduced the exhibit, and will be initialed by the person accepting the exhibit. L. As appropriate, the Counci'l or Commission may continue a hearing to a later date. Notice of any continuance must be given as required by R.C.W. 42.30.090. M. At the conclusion of all testimony, the Chair will close the hearing. M. At the conclusion of the hearing, the Chair should make a final statement of clarification of the topic of the hearing, state clearly the deadline for all written testimony to be presented on the topic, and indicate if any future hearings are to be held on that topic. SECTION 5. DISCUSSION The Councilor Commission may discuss and act on any application or issue at the same meeting at which the hearing was held on that application or issue or may delay discussion and action until a later meeting. Whenever decision is delayed until a later date, the Chair will announce to those attending when and where the matter will again be considered and, if required by law, provide for posting of notice of such reconsideration. HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51\hearings PAGE 7 SECTION 6. RECORDS MAINTENANCE (\ ~ All transcribable records of meetings of the Councilor Commission, including but not limited to discussion of the application or issue presented, will be preserved for a period of not less than one (1) year after the date of the final decision on the application or issue is reached. A permanent record of the minutes of the Commission will be maintained. SECTION 7. SUBPOENAS AND OATHS As permitted by law, the Council and the Commission may l.ssue subpoenas for or require the attendance of, witnesses and/or the production of records and documents, and may administer oaths. SECTION 8. VOTING Members must be present at the meeting in order to vote. Proxy or substitute votes will not be allowed. However, a member may vote on any issue, even if the member was not present at a hearing where evidence was presented on that issue, provided the member has reviewed the record of that hearing. Review of testimony may be made either by reviewing the transcribable record or a summary thereof. r--- \ ~ Each member will be allowed one vote. The Chair will only vote in case of a tie vote between the other members. If a tie vote occurs, upon a majority vote of the Board or Commission, the Chair may also continue consideration of the issue to a later date, reopen the hearing to allow new testimony, or table the issue. SECTION 9. QUASI-JUDICIAL FINDINGS, CONCLUSIONS AND DECISIONS Following a quasi-judicial hearing, an application may be approved, denied, or tabled pending additional information or further discuss~on. Written findings of fact and conclusions of law must be adopted for each final decision or recommendation, either before approval or denial of an application or after a decision has been entered. All such findings of fact and conclusions of law will be kept in the permanent records of the City. HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO.1 wp51\hearings PAGE 8 f) ~ c' c ~ I "'- ,~/ () Each quasi-judicial decision will explain the criteria and standards considered relevant by the members of the majority in reaching the decision, will state the facts relied upon, and will explain the justification for the decision based upon the criteria, standards, and facts set forth in the decision. One or more members of the Councilor Commission or a member of the Staff may be appointed to prepare and present a draft of all findings of fact and conclusions of law to be adopted. Such drafts must be presented to the Councilor Commission or an appointed member thereof for approval prior to distribution. A copy of the quasi- judicial recommendation or decision will be sent by first class mail to the applicant and all other interested parties who have requested a copy. SECTION 10. ETHICS AND CONFLICT OF INTEREST Members of the Board or Commission will abide by the following rules of conduct: A. Members will not abuse the authority of their offices to gain economic advantage, special privileges or benefits for themselves, relatives, or associates. B. A member will publicly disclose any actual or potential conflict of interest relating to that action at or before any hearing or meeting at which that action is being considered. C. A member will not participate in any proceeding in an official capacity when that member has a conflict of interest rerating to the proceeding or action before the Board or Commission, when that member cannot fairly and in good conscience consider the matter, or when participation will result in an appearance of unfairness. That member must physically remove himself or herself from the hearing room during the hearing and during any subsequent discussion and decision-making. D. Members will refuse to accept gifts, favors, services, promises affecting future security or any other gratuity in relation to their official duties. Members should refuse to accept gifts, favors, services, promises affecting future security or any other gesture that could be construed as a gratuity and possibly relate to or prejudice the performance of their official duties. HEARING PRQCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51\hearings PAGE 9 E. Members should refuse to serve in representative capacities or offer any support in assisting any person (s), busine.ss (es), or organization(s) to secure a favorable decision on any matter before the Councilor Commission. Members should not represent any business, partnership, corporation or other organization with which the member is associated before the Councilor Commission. SECTION 12. EFFECTIVE DATE This Resolution shall take effect on the 10th_ day of June, 1992, having been duly passed, approved and adopted by both the Planning Commission and City Council of Yelm, Washington, on the 19th day of May, 1992 and 10th day of June, 1992, respectively. 7)'-~, ---- ---- , c,!~4 Robert . ;J~ Sander~ Mayor HEARING PROCEDURES RESOLUTION CC RES. NO. 249/PLANNING COM. RES. NO. 1 wp51\hearings PAGE 10 -------------------~-- (J ~ ~ ~ ~ -