The Hearing Examiner must consider the facts in a case and whether the appropriate laws, ordinances or codes were applied properly. At the hearings, participants should provide relevant information and argument.
Evidence and argument can be submitted in writing before or during the hearing, or presented orally at the hearing. Information is most beneficial if it shows how a specific statute, ordinance or policy applies to the proposal or situation.
The hearings are informal, but court-like in the way testimony and evidence are presented. All testimony is under oath or verbal affirmation to tell the truth. Hearing proceedings differ in format depending upon the matter heard.
To ensure fairness and also the appearance of fairness, all persons are prohibited from contacting the Examiner or the Examiner’s staff for the purpose of influencing a decision in any manner, other than by submitting written or oral evidence in argument through the public hearing process. Hearing Examiner’s staff screen all correspondence and telephone calls to prevent inappropriate contact.
Similarly, contact with a member of the City Council for the purpose of influencing the outcome of a case can lead to that Councilmember disqualifying himself or herself, or invalidating the proceeding.
Process I, II or III
Depending on the case, the procedure varies. "Process I" matters are administrative land use recommendations made by the Department Director and the Hearing Examiner issues a final decision. "Process II" cases are appeals of department decisions, which include land use appeals and code compliance matters. Finally, for "Process III" cases, the Hearing Examiner simply issues a recommendation, and the City Council makes the determination.
Hearings involving Processes I and III are usually scheduled on Thursdays at 6 p.m. Generally, Process II hearings are held during daytime hours, depending upon the issue and the Examiner’s schedule. All hearings are held in the Council Chambers at City Hall unless otherwise specified on the notice of hearing.
When a single project includes a combination of Process I, II and/or III, the hearing may be consolidated to hear all matters at the same time. Section 20.35.010 of the Bellevue Land Use Code sets out standard procedures for all land-use and related decisions made by the city.
Process I
- Conditional Use Permits, Preliminary Subdivision approval (plat) and Planned Unit Development (PUD) approval.
- Applications are filed with the Development Services Department (DSD). The department reviews and processes the applications, establishes a hearing date and prepares a report, which includes the department’s recommendation. Notice of the hearing is prepared by DSD and is published in the newspaper, posted and mailed to known parties and neighbors.
- After the public hearing, the examiner issues a final decision.
- The decision of the Hearing Examiner on a Process I application is appealable to Superior Court.
Process II
- Administrative Amendments, Administrative Conditional Use, Design Review, Home Occupation Permit, Interpretation of the Land Use Code, Preliminary Short Plat, Variance, Critical Area Land Use Permits, Master Development Plans, Design and Mitigation permits required pursuant to Part 20.25M LUC, Light Rail Overlay District and Review under State Environmental Policy Act (SEPA) when not consolidated with another permit.
- Applications are filed with the Development Services Department (DSD). The department director issues an administrative decision.
- Appeals of the director's decision go before the Hearing Examiner.
- The decision of the Hearing Examiner on Process II applications may be appealed to Superior Court.
Process III
- Site-specific or Project-specific Rezones.
- A rezone of any property to the OLB-OS Land Use District designation.
- Applications are filed with the Development Services Department (DSD). The department reviews and processes the applications, establishes a hearing date and prepares a report, which includes the department’s recommendation. Notice of the hearing is prepared by DSD and is published in the newspaper, posted and mailed to known parties and neighbors.
- After the public hearing, the Examiner issues a recommendation to City Council.
- The City Council acts as the final decision maker. City Council decisions on Process III's may be appealed to Superior Court.