40.510.040 Type IV Process – Legislative Decisions

40.510.040 Type IV Process – Legislative Decisions

A.    Procedure.

    A Type IV procedure may require one (1) or more hearings before the planning commission and does require one (1) or more hearings before the board.

B.    Public Notice.

    At least fifteen (15) calendar days before the date of the first planning commission hearing for an application subject to Type IV review, the responsible official shall:

1.    Prepare a notice of application that includes the following information:

a.    The case file number(s);

b.    A description and map of the area that will be affected by the application, if approved, which is reasonably sufficient to inform the reader of its location;

c.    A summary of the proposed application(s);

d.    The place, days and times where information about the application may be examined and the name and telephone number of the county representative to contact about the application;

e.    A statement that the notice is intended to inform potentially interested parties about the hearing and to invite interested parties to appear orally or by written statement at the hearing;

f.    The designation of the review authority, the date, time and place of the hearing, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the review authority;

g.    A statement that a staff report and, whenever possible, a consolidated SEPA review or integrated growth management document, will be available for inspection at no cost at least fifteen (15) calendar days before the hearing and will be provided at reasonable cost; and

h.    A general explanation of the requirements for submission of testimony and the procedure for the conduct of hearings.

2.    Mail a copy of a notice prepared under Section 40.510.040(B)(1) to:

a.    Parties who request notice of such matters;

b.    The neighborhood association in whose area the property in question is situated, based on the list of county recognized neighborhood associations kept by the responsible official; and

c.    To other people the responsible official believes may be affected by the proposed action;

3.    Publish in a newspaper of general circulation a summary of the notice, including the date, time and place of the hearing and a summary of the subject of the Type IV process; and

4.    Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process.

C.    Staff Report.

    At least fifteen (15) calendar days before the date of the first hearing, the responsible official shall issue a written staff report, SEPA evaluation and recommendation regarding the application(s), shall make available to the public a copy of the staff report and consolidated SEPA evaluation for review and inspection, and shall mail a copy of the consolidated recommendation to the review authority. The responsible official shall mail or provide a copy of the staff report at reasonable charge to other parties who request it.

D.    Public Hearings.

1.    Public hearings shall be conducted in accordance with the rules of procedure adopted by the review authority, except to the extent waived by the review authority. A public hearing shall be recorded electronically.

2.    At the conclusion of a planning commission hearing, the planning commission shall announce one (1) of the following actions:

a.    That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed, published or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing before the planning commission; or

b.    That the planning commission recommends against or in favor of approval of the application(s) with or without certain changes, or that the planning commission will recommend neither against nor for approval of the application(s), together with a brief summary of the basis for the recommendation.

3.    At least fifteen (15) calendar days before the date of the first board hearing, the responsible official shall:

a.    Prepare a notice that includes the information listed in Section 40.510.040(B)(1) except the notice shall be modified as needed:

(1)    To reflect any changes made in the application(s) during the planning commission review,

(2)    To reflect that the board will conduct the hearing and the place, date and time of the board hearing, and

(3)    To state that the planning commission recommendation, staff report, and SEPA evaluation are available for inspection at no cost and copies will be provided at reasonable cost;

b.    Mail a copy of that notice to the parties identified in Section 40.510.040(B)(2) and to parties who request it in writing;

c.    Publish in a newspaper of general circulation a summary of the notice, including the date, time and place of the hearing and a summary of the subject of the Type IV process; and

d.    Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process.

4.    At the conclusion of its initial hearing, the board may continue the hearing or may adopt, modify or give no further consideration to the application or recommendations. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be provided. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing before the board.

(Amended: Ord. 2007-11-13)

E.    Appeal of Board’s Decision.

    The action of the board in approving or rejecting a recommendation of the planning commission shall be final and conclusive unless a land use petition is timely filed in superior court pursuant to RCW 36.70C.040 (Section 705 of Chapter 347, Laws of 1995); provided, that no person having actual prior notice of the proceedings of the planning commission or the board’s hearings shall have standing to challenge the board’s action unless such person was a party of record at the planning commission hearing.