Chapter 20.100
HEARING EXAMINER, PLANNING ADVISORY BOARD AND CITY COUNCIL REVIEW
Sections:
20.100.000 Scope.
20.100.010 Hearing examiner review.
20.100.020 Planning advisory board review.
20.100.030 City council action on recommendations.
20.100.040 Review of approved permits.
20.100.050 Forest Practices Act moratorium.
20.100.000 Scope.
This chapter establishes review procedures for the permit applications identified herein. [Ord. 3112 § 26, 1996].
20.100.010 Hearing examiner review.
A. Scope – Recommendations. The hearing examiner shall review and make recommendations to the city council on the following approvals under this section:
1. Official street map changes.
2. Upon authorization of the city council, hold hearings regarding the final assessment roll of any local improvement district or utility local improvement district in accordance with the provisions of Chapter 35.44 RCW as the same exists or is hereafter amended. The provisions of said chapter regarding notice shall control any conflicting provision of these ordinances.
3. Such other matters as may be referred by the city code.
B. Scope – Decisions. The hearing examiner shall review and make final decisions, appealable to the city council, on the following permits and approvals under this section:
1. Conditional use permits except where this code provides for staff approval and group homes.
2. Variances.
3. Shoreline permits.
4. Hearings on draft environmental impact statements.
5. Preliminary plats for formal subdivisions.
6. Review of approved permit, see ECDC 20.100.040.
7. Such other matters as may be referred by the city code.
C. Pre-Hearing. The hearing examiner shall review all information in the project file kept by the community services department, including the application, staff report, environmental impact statements, and so forth. The hearing examiner shall visit the project site.
D. Public Hearing. The hearing examiner shall hold a public hearing on each project reviewed in the manner provided in Chapter 20.91 ECDC. The community services department shall give notice as required by that chapter.
E. Findings and Conclusions. Within 10 working days following the conclusions of all testimony and hearings, unless the applicant agrees to an extension of time, the hearing examiner shall make findings and conclusions, and take action based only on information reviewed under subsections (C) and (D) of this section, and a visit to the project site after the hearing, if one was made. The findings and conclusions shall explain how the decision or recommendation will carry out and implement the Edmonds Comprehensive Plan and other relevant provisions of the ECDC. The examiner shall send a copy of the findings and conclusions to the applicant, the community services department, to any person who requests a copy, and the city council. The findings and conclusions shall contain any conditions placed on an approval or permits.
F. Criteria. The hearing examiner shall make findings, reach conclusions and take action in accordance with the findings and criteria contained in the ordinance governing the type of application being reviewed.
G. Reconsideration. The hearing examiner shall reconsider his decision or recommendation on any matter before him if a written request is filed within 10 working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. Any such reconsideration request shall cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed.
The hearing examiner shall promptly review the reconsideration request and within 5 working days issue a written response, either approving or denying the request. If the reconsideration request is denied, the 10 working day appeal deadline of the hearing examiner's decision shall recommence for the remaining number of days. If, upon the review of the request for reconsideration, the hearing examiner believes that an error or omission is significant and may alter his or her decision or recommendation, he or she may at his or her discretion:
1. Amend the decision to incorporate any omitted material and/or fact or to correct the error; or
2. Elect to present a brief to the city council outlining the error or omission and its anticipated impact on his or her decision. [Ord. 3465 § 3, 2003; Ord. 3112 § 27, 1996; Ord. 2616 § 1, 1987].
20.100.020 Planning advisory board review.
A. Scope. The planning advisory board shall review, and make recommendations to the city council, on the following permits and approvals under this section:
1. Rezones (amendments to the official zoning map).
2. Changes to the text of ECDC Titles 16 and 17 (zoning ordinance).
3. Changes to the comprehensive plan text map (ECDC Title 15), excluding fees.
4. Such other matters as may be referred by the city code.
B. Procedures. The planning board shall follow the procedures of the hearing examiner as specified by ECDC 20.100.010 in making a recommendation to the city council except for the following:
1. Site visits, as required by ECDC 20.100.010(C), are not mandatory and may only be conducted as a part of the public hearing process; and
2. Written planning board recommendations shall be completed and approved within 20 working days of the date on which a final recommendation is made by the board. The 10-day limit of ECDC 20.100.010(E) shall not apply. [Ord. 3091 § 1, 1996].
20.100.030 City council action on recommendations.
A. Normal Review. The city council shall consider a recommendation of the hearing examiner or planning board at its next available public meeting. The council may adopt or remand the recommendation at that meeting.
In the case of a local improvement district or a utility local improvement district hearing held in accordance with the provisions of ECDC 20.100.010(A)(2) and RCW 35.44.070, the council shall review the recommendations of the hearing examiner and any appeal taken therefrom. Any person aggrieved by the recommendation of the hearing examiner shall be entitled to a review of the record by the city council upon the filing of a written appeal from the recommendations of the hearing examiner within 10 working days of the date of mailing of the hearing examiner's final recommendations after disposition of a motion for reconsideration, if any such motion is filed. The council shall base its decision upon the record established before the hearing examiner and may adopt, reject or modify the recommendations of the hearing examiner in whole or in part, or may in its discretion remand the matter to the hearing examiner for further proceedings; provided, however, that in the event of an appeal, the council shall hear argument of the appellant based on said record. Adoption by ordinance of a final assessment roll shall commence the appeal period established by Chapter 35.44 RCW. These provisions shall control over any conflicting provision and shall be read in conjunction with the requirements of RCW 35.44.190 through 35.44.270.
B. Optional Public Hearing. If the council wishes to consider any change to a recommendation for an amendment to the comprehensive plan or a nonsite specific rezone, the council shall set a public hearing in the manner provided in Chapter 20.91 ECDC. After the hearing the council shall approve, modify, conditionally approve, deny or remand the proposal. In the case of amendment to the zoning ordinance (or map) or comprehensive plan (or map) in the event of a remand the council shall specify the time within which the planning board shall report back its findings and recommendations to the council.
C. Findings and Conclusions. The council shall state its findings and conclusions to support the decision based on the required findings and criteria in this code governing the type of application being reviewed and based on evidence presented at the council hearing. The city council action shall be final and shall be put into writing by ordinance, resolution and/or minutes along with any conditions placed on an approval. [Ord. 3112 § 28, 1996; Ord. 2552, 1986; Ord. 2485, 1985].
20.100.040 Review of approved permits.
A. Scope. Any permit approved by the city under the community development code may be reviewed under this section if the conditions of the permit are not being met, the requirements of the city code of Edmonds are not being met, or the permitted activity is causing a nuisance or hazardous condition. A permit includes any city approval under the community development code.
B. Initiation of Review. A review under this section may be initiated by:
1. The community development director;
2. An approved motion of the city council;
3. An application, accompanied by the application fee set in Chapter 15.00 ECDC, of three persons living in separate dwellings located within 300 feet of the site of the allowed activity stating their belief as to how the provisions of subsection A of this section have been met.
C. Review Procedure.
1. The director of community services shall notify the permittee in writing that the permit is being reviewed, list the alleged deficiencies, and specify a reasonable time for the permittee to correct the deficiencies.
2. If the permittee could reasonably correct the deficiencies, but fails to do so within the specified time, the director of community services may refer the matter to the city attorney for criminal or civil enforcement of the city code, or the conditions of the permit.
3. If the only reasonable ways to correct the deficiencies are for the permittee to cease the permitted activity, or for the city to impose new or changed conditions on the permit, the director of community services shall refer the matter to the hearing examiner for review.
4. The hearing examiner shall hold a public hearing under Chapter 20.91 ECDC to review the permit or approval, using criteria required for the original permit, and subsection A of this section.
5. If the hearing examiner finds that deficiencies exist, and that they can be reasonably corrected by imposing new or changed conditions on the permit, the permit conditions may be changed. The hearing examiner's actions shall be final, unless the original approval required city council approval. In that case, the hearing examiner's action shall be a recommendation to the council to be considered by the council under ECDC 20.100.030.
6. If the hearing examiner finds that the only reasonable way to correct the deficiencies is for the permittee to cease the permitted activity, the hearing examiner may revoke the permit. The hearing examiner's action shall be appealable to the city council under ECDC 20.100.010.
7. If the permit is revoked, the permit shall be null and void, and all activity allowed by the permit shall cease. [Ord. 3112 § 29, 1996].
20.100.050 Forest Practices Act moratorium.
When the city has been notified by the Washington State Department of Natural Resources (hereinafter DNR) that a violation of the Forest Practices Act has occurred, pursuant to the requirements of RCW 79.09.060, the city, by the director of development services, shall impose a six-year moratorium on that portion of the property or project which has been converted from forest use, as such term is defined by statute or the order of DNR. The moratorium may be conditioned in order to preserve public safety and prevent further environmental damage.
A. The owner of the property or permittee impacted by the moratorium or any property owner within 300 feet of the site:
1. May appeal the nature and extent of the moratorium as a staff decision pursuant to the provisions of ECDC 20.105.010(A); or
2. May apply to the director at any time during the six-year period for a lifting of the moratorium. The moratorium shall be lifted only upon a showing by the owner or permittee that all significant issues identified by the director relating to safety, aesthetics, the violation of any city permit condition of approval and any violation of city code will be fully mitigated by the action of the permittee. In the event that any issue has not been fully mitigated, the lifting of the moratorium may be conditioned upon the future satisfaction of conditions or by a bond or other surety designed to mitigate the negative impacts of the applicant's actions and/or violations. The director's review shall be processed pursuant to ECDC 20.95.050 and may be appealed pursuant to ECDC 20.105.010(A).
B. In the event that the city has initiated a review of an approved permit pursuant to the provisions of this section, the procedures in subsection (A) of this section shall not apply and a hearing regarding whether, and under what conditions, a moratorium may be lifted, shall be consolidated with a hearing under ECDC 20.100.040. [Ord. 3504 § 1, 2004].