HomeMy WebLinkAbout4001 Ordinance ORDINANCE NO.
AN ORDINANCE of the City of Pasco hington, Amending
Section 4.42.030 "Definitions" and Secti-- 'ermit Procedures"
Permitting Video Record of Procp-'*
WHEREAS as a ! - ep i dited video recording g
and broadcast of Cif ��, �csco Planning Commission
and the City of Pascc
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M
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WHEREAS, ti Sec -. mese proceedings are broadcasted to the public and
retained as an accurate 1 14 _,a oft he proceedings; and
WHEREAS, the City Council, from time to time, sits in a quasi-judicial capacity of
hearing closed record appeals of hearings held before both the City of Pasco Planning
Commission and the City of Pasco Code Enforcement Board; and
WHEREAS, the City Council recognizes that such technology provides an accurate and
more engaging method of preserving the record, including the ability to view and judge the
demeanor of the witnesses, thereby providing the Council a better opportunity to accurately
perceive the proceedings; and
WHEREAS, the use of a record, supplemented by video recording of the proceedings
benefits the citizens who have matters pending in such proceedings by providing a better record,
and therefore, contributing to a better result; and
WHEREAS, with the introduction of the video record as a part of the official record of
proceedings, negates the video record from constituting an ex parte communication, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 4.02.030 entitled "Definitions" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follow:
4.02.030 DEFINITIONS. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this Title.
(1) "Closed record appeal" means an administrative appeal on the record following
an open record hearing on a project permit application when the appeal is on the record with no
or limited new evidence or information allowed to be submitted and only appeal argument
allowed.
(2) "Director" means the Director of Community and Economic Development unless
another department or agency is in charge of the project permit in which case it refers to the chief
administrative officer of that department or agency.
(3) "Open record hearing" means a hearing, conducted by a single hearing body or
officer that creates the record through testimony and submission of evidence and information.
An open record hearing may be held prior to a decision on a project permit to be known
as an "open record predecision hearing." An open record hearing may be held on an appeal, to be
known as an "open appeal hearing," if no open record predecision has been held on the project
permit.
(4) "Project permit" or "project permit application" means any land use or
environmental permit or license required from the City for a project action, including but not
limited to subdivisions, planned unit developments, conditional uses, shoreline substantial
development permits, permits or approvals required by critical area ordinances, site-specific
rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption of
amendment of a comprehensive plan, subarea plan, or development regulations except as
otherwise specifically included in this subsection.
(5) "Public meeting" means an informal meeting, hearing, workshop, or other public
gathering of people to obtain comments from the public or other agencies on a proposed project
permit prior to a decision. A public meeting may include, but is not limited to, a design review of
architectural control board meeting, a special review district or community council meeting, or a
scoping meeting on a draft environmental impact statement. A public meeting does not include
an open record hearing. The proceedings at a public meeting may be recorded and a report or
recommendation may be included in the local government's project permit application file.
(6) "Record" means the memorialization of testimony, evidence and other
communication submitted or created during a hearing and obtained through unedited audio,
video or other lawful means of recordation. (Ord. 3151 Sec. 1, 1996).
Section 2. That Section 4.02.100 entitled "Permit Procedures" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
4.02.100 PERMIT PROCEDURES.
(1) All project permits and project permit applications, except zone changes, plats,
street vacations, and other legislative decisions, shall be processed and reviewed in the following
manner, upon receipt of a completed application:
(a) For an application requiring legislative action or which is illegal, the
application shall be denied or processed in accord with subsection (2).
Ordinance Amending Sections 4.02.030 and 4.02.100
Page 2
(b) For applications which involve more than one permit, the City will prepare
a temporary schedule for review by all interested agencies, departments, and the
applicant. The schedule will be prepared during the application completion determination
in accord with Section 4.02.060.
(c) Depending upon the scope of the project, the City will schedule necessary
public meetings to coordinate the permit process and gather information following
appropriate notification as provided in 4.02.090.
(d) Unless otherwise required, no open record hearing will be held unless
there is a bona fide objection to some portion of the permit or from some determination
made during the course of the permit processing. When required, only one open record
hearing will be held. The open record hearing will be before the officer or body having
jurisdiction over the matter in dispute or over the matter requiring the open record
hearing. If the matter disputed or for which an open record hearing is required falls within
the jurisdiction of more than one department or agency, a joint hearing will be held if
practical.
(e) A decision or joint decision if possible, shall be issued and notice given
thereof, including the time for appeal and the person or body to whom the appeal must be
made. Unless another time is provided, an appeal must be filed within ten days of the
decision. The longest appeal period following a joint hearing controls if there are multiple
appeal periods.
(f) The body or bodies with appellant jurisdiction shall hold a joint closed
record appeal. An open record appeal may be held for matters for which no open record
hearing has previously been held. The decision of the person or bodies hearing the appeal
may be joint or separate. Every effort shall be made in the event of separate decisions to
ensure that they are issued simultaneously. Any review of the decision or decisions must
be made to the superior court within 21 days.
(g) In the event that no appellant body is designated for a matter, the matter
shall be heard by the Hearing Examiner.
(2) City Council members mgy individually view the unedited video record of the
proceeding which is subject of a closed record appeal if the video record is viewed in its entirety.
(L3) If the decision on an application must be made by the Pasco City Council, the
application will normally be denied until legislative approval has been obtained. Except for
comprehensive plan amendments which may never be processed other than as part of the annual
review, an applicant may request combined processing in accord with subsection (1) of this
section.
(34) The actual costs of any hearing or appeal not otherwise required will be borne by
the person requesting the review or objecting to a decision. Security for the costs must be posted
Ordinance Amending Sections 4.02.030 and 4.02.100
Page 3
prior to the setting or notice of hearing or appeal. The failure to post security is a waiver of any
objection.
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this_day of 2011.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Amending Sections 4.02.030 and 4.02.100
Page 4