HomeMy WebLinkAbout03-26RESOLUTION NO o3-aG
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
adopting updated Rules and Procedures Governing Proceedings before the Hearing
Examiner.
WHEREAS, pursuant to the Port Angeles Municipal Code (PAMC), the City has
established an outside, independent Hearing Examiner system to hear and decide land
use actions and appeals of administrative decisions; and
WHEREAS, PAMC 2.18.060 authorizes the Hearing Examiner to adopt rules of
procedure governing hearings before the Hearing Examiner; and
WHEREAS, the City Council retains legislative authority to adopt procedural rules
governing proceedings before the Hearing Examiner, provided such rules do not interfere
with the independent decision-making authority of the Hearing Examiner; and
WHEREAS, the Rules and Procedures governing proceedings before the Hearing
Examiner establish the framework for notice, conduct of hearings, development of the
record, and issuance ofdecisions; and
WHEREAS, City staff, informed by legal review, have identified the need to update
and clari$ the Rules and Procedures to improve intemal consistency and align with
current municipal code provisions and applicable state law; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ANGELES, WASHINGTON:
Section 1. The updated Rules and Procedures goveming proceedings before the Hearing
Examiner, attached hereto as Exhibit A and incorporated by reference, are hereby adopted.
Section 2. The adopted Rules and Procedures supersede any prior versions of the Rules
and Procedures governing Hearing Examiner proceedings.
Section 3. - Corrections. The City Clerk and the codifiers of this resolution are authorized
to make necessary corrections to this resolution, including, but not limited to, the correction
of the scrivener's/clerical errors, references to other local, state, or federal laws, codes, or
rules or regulations, or numbering, sectiorVsubsection numbers, and any references thereto.
Section 4. - Effective Date. This Resolution, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This resolution shall take
effect on March 13, 2026, upon the publication of an approved summary thereof consisting
of the title.
)PASSED by the of the City of Port Angeles at a regular meeting of
said Council held on the of |lL& 2026.
Kate Dexter, Mayor
Kari Martinez-Balley ty Clerk
APPROVED AS TO FORM:
A
William43leer, City Attorney
ShaiA^ S^L."^AJ ,
)
I
poSoLAr* 0 e-2,10
Exhibit A
Except os cxpressly umcntletl l:elou', ull other protisions o/'the Rules of ltrocctlure rentoin unchungecl.
RULES OF PROCEDT]RE FOR
PROCEEDINGS BEFORE THE HEARING EXAMINER
OF THE CITY OF PORT ANGELES, WASHINGTON
Rule 1 .4.5.a- Record of Hearing amended to read, "The City shall make an electronic recording
of all hearings in an audio and/or video format. Hearings shall be electronically recorded and such
recordings shall be a part of the record. No minutes of the hearing will be kept. Copies of the
electronic recordings of a particular proceeding shall be made available to the public within three
(3) working days ofa request. The requester shall pay the reasonable cost ofsuch copying.
2. Rule 1.7.6 - Content and Form of Staff Reports amended to include additional subsection (o) The
date uoon which Citv staff ed the annlication to be comolete.
3. Rule 1.9.1 - Written Decisions or Recommendation amended to read, "For applications on which
the Hearing Examiner has final approval authority, a written report of findings, conclusions, and
decision shall be sent to all parties of record. The Hearing Examiner's decision or
recommendation shall should be submitted within ten (10) working days of the close of the record
following the conclusion of all testimony and hearings,and shall in anv be suhmitted within
+L^ ^^*l:^-L1-time -^-.i ^,{ --^.unless a longer period is mutually,:l^l -,-.l^- +L^ *.,-j^.i-^1 ^^J^
agreed to by the City, Applicant, and Hearing Examiner. The frndings, conclusions and decision
or recommendation may indicate how the decision or recommendation carries out the goals,
policies, plans, and requirements of the PAMC, and other policies and objectives of the City."
4. Rule 1.9.3.b - Procedure for Reopening Hearing amended to read, "If within ten (10) calendar
days after the hearing,and prior to the Hearins Examiner issuins the decision or
recommendation , any parly of record petitions the Hearing Examiner for a reopening of the
hearing, the Hearing Examiner shall have discretion to reopen the hearing to consider new
testimony or new evidence that was unavailable at the time of the hearing."
5.Rule2'5.2-amendedtoread,..Prehearingconferencesmaybeheldby@
remote meeting technoloqy. "
6. Rule2.8.1.d-Contentsamendedtoread,"AbriefdescriptionofthedecisioneltheDireeterthat
is being appealed."
7 . Rule 2. I 3.e - Hearing Examiner Decision amended to read, "The Hearing Examiner shall hear
evidence from all affected parties and shall render a decision on the appeal +v+nin+en{+0}
we*infeays, thirtv (30) workine days of the close of the hearing record, unless a shorter period
is provided under the municipal code."