Chapter 16.09
Review and Approval Process

Sections:

16.09.010 Administrative Approvals Not Subject to Notice

16.09.020 Administrative Approvals Subject to Notice

16.09.030 Hearing Examiner Review and Action

16.09.040 City Council Actions

16.09.050 Procedure for Public Hearings

16.09.060 Procedures for Closed Record Appeals

16.09.070 Reconsideration

16.09.080 Remand

16.09.090 Final Decision

16.09.010 Administrative Approvals Not Subject to Notice

A.  The City Manager or his designee may approve, approve with conditions, or deny the following without notice:

1.  Lot line adjustments;

2.  Temporary use permits;

3.  Home occupations not requiring Hearing Examiner approval;

4.  Extension of time for approval;

5.  Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not affect:

a.  Overall project character,

b.  Increase the number of lots, dwelling units, or density, or

c.  Decrease the quality or amount of open space;

6.  Special projects by the City not requiring environmental review;

7.  Building permits exempt from SEPA review;

8.  Grading permits exempt from SEPA review.

B.  The City Manager or his designee’s decisions under this section shall be final on the date issued. (Ord. 96-1008 § 1)

16.09.020 Administrative Approvals Subject to Notice

A.  The City Manager or designee may grant preliminary approval or approval with conditions, or may deny the following actions subject to the notice and appeal requirements of this title:

1.  Short subdivisions;

2.  Shoreline substantial development permits where a public hearing is not required;

3.  Shoreline substantial development permits – Variance, where a public hearing is not required;

4.  Shoreline substantial development permits – Conditional use, where a public hearing is not required;

5.  Minor conditional use permits.

B.  Final Administrative Approvals. Preliminary approvals under this section shall become final subject to the following:

1.  If a written notice of appeal is received within the specified time, the matter will be referred to the Hearing Examiner for a public hearing. (Ord. 97-1011 § 18; Ord. 96-1019 § 11; Ord. 96-1008 § 1)

16.09.030 Hearing Examiner Review and Action

A.  Staff Report. The City Manager or his designee shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of City departments, affected agencies, and special districts, and evaluating the development’s consistency with the City’s Development Codes, adopted plans, and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development proposal or action.

B.  Hearing. The Hearing Examiner shall conduct a public hearing on development proposals or actions for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal with the City’s Development Code, adopted plans and regulations. Notice of a Hearing Examiner hearing shall be in accordance with SMC 16.07.030.

C.  Required Findings. The Hearing Examiner shall not approve a proposal or action unless he/she makes the following findings and conclusions based on the criteria for the following proposals or actions:

1.  Conditional use permits. See criteria in SMC 15.22.030;

2.  Variances. See criteria in SMC 15.22.020;

3.  Preliminary planned unit developments. See criteria in SMC 15.23.090;

4.  Preliminary subdivisions. See criteria in SMC 14.05.070;

5.  A decision on rezone requests not initiated by the City. The Hearing Examiner decision shall be based on criteria contained in SMC 15.22.050.

D.  Decision. The decision of the Hearing Examiner for the proceeding actions shall be final unless appealed pursuant to the requirements of SMC 16.11.020. (Ord. 96-1019 §§ 12, 13; Ord. 96-1008 § 1)

16.09.040 City Council Actions

A.  Actions. The City Manager or his designee shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of City departments, affected agencies, and special districts, and evaluating the development’s consistency with the City’s Development Codes, adopted plans, and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development proposal or action.

B.  Decisions. The City Council shall make its decision by motion, resolution, or ordinance as appropriate.

1.  Hold a closed record appeal hearing and make a decision on the following matters:

a.  Appeals of decisions by the Hearing Examiner regarding planned unit developments;

b.  Appeals of decisions by the Hearing Examiner regarding preliminary subdivisions;

c.  Appeals of decisions by the Hearing Examiner regarding individual rezones not initiated by the City.

2.  A Council decision following a closed record appeal hearing shall include one of the following actions:

a.  Grant the appeal in whole or in part;

b.  Deny the appeal in whole or in part;

c.  Remand for further proceedings and/or evidentiary hearing in accordance with SMC 16.09.080. (Ord. 96-1019 § 14; Ord. 96-1008 § 1)

16.09.050 Procedure for Public Hearings

Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The hearing body shall open the public hearing and, in general, observe the following sequence of events:

A.  Staff presentation, including submittal of any administrative reports. The hearing body may ask questions of the staff.

B.  Applicant presentation, including submittal of any materials. The hearing body may ask questions of the applicant.

C.  Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the hearing body at its discretion.

D.  Rebuttal, response or clarifying statements by the staff and the applicant.

E.  The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it. The hearing body shall have ten (10) working days to make its decision. (Ord. 96-1008 § 1)

16.09.060 Procedures for Closed Record Appeals

Closed record appeals shall be conducted in accordance with the Hearing Examiner’s or City Council’s rules of procedure and shall serve to provide argument and guidance for the Hearing Examiner’s or City Council’s decision. Closed record appeals shall be conducted generally as provided for public hearings. Except as provided in SMC 16.09.080, no new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments. (Ord. 96-1008 § 1)

16.09.070 Reconsideration

A party to a public hearing or closed record appeal may seek reconsideration only of a final decision by filing a written request for reconsideration with the City Manager or his designee within five (5) days of the oral announcement of the final decision. The request shall comply with SMC 16.11.030(B). The Council or Hearing Examiner shall consider the request at its next regularly scheduled meeting, without public comment or argument by the party filing the request. If the request is denied, the previous action shall become final. If the request is granted, the Council or Hearing Examiner may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals. Reconsideration should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 96-1008 § 1)

16.09.080 Remand

In the event the City Council determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the Council may remand the matter back to the Hearing Examiner to correct the deficiencies. The Council shall specify the items or issues to be considered and the time frame for completing the additional work. The Council may hold a public hearing on a closed record appeal only for the limited purposes identified in RCW 34.05.562(l). (Ord. 96-1008 § 1)

16.09.090 Final Decision

A.  Time. The final decision on a development proposal shall be made within one hundred twenty (120) days from the date of the letter of completeness. Exceptions to this include:

1.  Amendments to the Comprehensive Plan or Development Code;

2.  Any time required to correct plans, perform studies or provide additional information; provided, that within fourteen (14) days of receiving the requested additional information, the City Manager or his designee shall determine whether the information is adequate to resume the project review;

3.  Substantial project revisions made or requested by an applicant, in which case the one hundred twenty (120) days will be calculated from the time that the City determines the revised application to be complete;

4.  All time required for the preparation and review of an environmental impact statement;

5.  Projects involving the siting of an essential public facility;

6.  An extension of time mutually agreed upon by the City and the applicant;

7.  All time required to obtain a variance;

8.  Any remand to the Hearing Examiner;

9.  All time required for the administrative appeal of a determination of significance.

B.  Effective Date. The final decision of the Council or Hearing Examiner shall be effective on the date stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal periods shall be calculated shall be the date the Council or Hearing Examiner takes action on the decision, motion, resolution, or ordinance. (Ord. 96-1008 § 1)