Chapter 14.09
REVIEW AND DECISIONS ON DEVELOPMENT PROPOSALS

Sections:

14.09.005  Purpose.

14.09.010  Administrative decisions without public notice.

14.09.020  Administrative decisions with public notice.

14.09.025  Board of appeals/adjustment decisions.

14.09.030  Planning commission review and recommendation.

14.09.040  City council review and decisions.

14.09.045  Design review board review and decision.

14.09.050  General procedures for public hearings.

14.09.060  General procedures for closed record appeals and closed record hearings.

14.09.070  Remand.

14.09.080  Final decisions on development proposals.

14.09.090  Reconsideration.

14.09.005 Purpose.

A. The purpose of this chapter is to describe the development review process for applications submitted under MCMC Titles 14 to 18. This chapter does not describe the exclusive or only means or methods of development review, and if other review processes are applicable or appropriate, such processes shall be used by the decision body.

B. It is further the purpose of this chapter to describe the general procedures to be used for public hearings, closed record hearings, and final decisions; provided, that the decision body may modify such general procedures as necessary or appropriate to meet the need under the circumstances and provide a fair opportunity for the parties to any quasi-judicial action to be heard.

C. It is not the purpose of this chapter to restrict, limit or interfere with the legislative authority or process of any decision body, and this chapter shall not be so construed. (Ord. 2005-609 § 2)

14.09.010 Administrative decisions without public notice.

A. Scope. The director shall review and decide the following matters pursuant to applicable criteria without the need for public notice:

1. Lot line adjustments.

2. Extensions of time for administrative actions or applicant submissions.

3. Minor amendments or modifications to approved developments or permits. For purposes of this subsection, minor amendments are those that 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 landscaping or open space.

4. Group A home occupations.

5. Yard requirements set forth in MCMC 17.22.030.

6. Joint parking facilities and related agreements under MCMC 17.27.020(H).

7. Administrative interpretations permitted or required in the administration or enforcement of the development code.

8. Administrative decisions permitted or required under the development code.

B. Decisions. The director may issue, approve, approve with conditions, or deny any of the foregoing matters based on his evaluation and assessment in light of the applicable review criteria or development code provisions. Upon completing the review specified above, the director shall issue a decision in accordance with the applicable provisions of MCMC 14.09.080. Decisions under this section shall be final for all purposes, including appeal, on the date issued.

C. Appeal. Appeals of final decisions under this section shall be made to the city council in accordance with Chapter 14.11 MCMC. (Ord. 2005-609 § 2)

14.09.020 Administrative decisions with public notice.

A. Scope. The director shall review and decide the following matters pursuant to applicable criteria:

1. Group B home occupations.

2. Short subdivisions.

3. Conditional use permits except those falling under the authority of the planning commission.

4. Reasonable use exceptions under MCMC 18.06.430 except those falling under the authority of the planning commission.

B. Preliminary Decisions. The director may issue, approve, approve with conditions, or deny any of the foregoing matters based on his evaluation and assessment in light of the applicable review criteria and development code provisions. Upon completing the review specified above, the director shall issue a preliminary decision in accordance with the applicable provisions of MCMC 14.09.080 and shall give notice of that decision to the adjoining property owners in accordance with MCMC 14.07.020.

C. Final Decisions and Appeal. A preliminary decision shall become the final decision as of the date of issuance unless a timely appeal is made to the city council in accordance with Chapter 14.11 MCMC.

D. SEPA Threshold Decisions. The responsible official shall issue threshold decisions in accordance with Chapter 18.04 MCMC. Such decisions shall become the final decision unless a timely appeal is filed in accordance with Chapters 14.11 and 18.04 MCMC. (Ord. 2005-609 § 2)

14.09.025 Board of appeals/adjustment decisions.

The board of appeals/adjustment shall conduct required meetings or hearings on matters within the board’s jurisdiction for the purpose of taking testimony, hearing evidence, considering the facts germane to the matter, and evaluating the matter for consistency with the applicable review criteria and the city’s development code, adopted plans and regulations. Notice of the meeting or hearing shall be given in accordance with Chapter 14.07 MCMC, if applicable; provided, that the parties to the hearing shall receive written notice not less than 10 days before the hearing. Hearings shall be conducted in accordance with MCMC 14.09.050. The final decision shall be issued in accordance with MCMC 14.09.080. Appeals may be taken from a final decision to superior court in accordance with MCMC 2.18.050 and Chapter 14.11 MCMC. (Ord. 2005-609 § 2)

14.09.030 Planning commission review and recommendation.

A. Legislative Actions. When proposing or reviewing legislative actions, the planning commission shall hold such required public hearings and/or meetings as specified by statute, and may in addition hold such other hearings, meetings, workshops or other events as it determines necessary or desirable or as directed by the city council. Recommendations of the planning commission shall be based on its evaluation of the proposal in light of the evidentiary record, applicable law and review criteria. Recommendations shall be made in accordance with the applicable portions of MCMC 14.09.080.

B. Development Proposals and Related Appeals. Development proposals and related appeals shall be reviewed as follows:

1. Hearing. The planning commission shall conduct the required public hearing on every development proposal and appeal for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal and/or appeal, and evaluating the proposal and/or appeal for consistency with the applicable review criteria and the city’s development code, adopted plans and regulations. Notice of the hearing shall be given in accordance with Chapter 14.07 MCMC. The hearing shall be conducted in accordance with MCMC 14.09.050.

2. Required Findings. The planning commission shall not recommend approval of a proposed development and/or recommend approval of any appeal unless it first makes affirmative findings and conclusions that the development and/or appeal satisfies all of the applicable review and appeal criteria.

3. Recommendation. Upon recommending approval or disapproval of a development proposal and/or appeal, the planning commission shall prepare and adopt a resolution setting forth its findings, conclusions and recommendations in accordance with the applicable provisions of MCMC 14.09.080 and shall promptly forward the resolution and the planning commission record to the city council for consideration.

4. Appeal. Appeals of final recommendations under this section shall be made to the city council in accordance with Chapter 14.11 MCMC. (Ord. 2005-609 § 2)

14.09.040 City council review and decisions.

A. Legislative Actions. The city council may consider and decide legislative matters as it deems necessary or appropriate, including legislative recommendations from the planning commission or notice of any other matter requiring the city council’s legislative attention, so long as such consideration and decision complies with all applicable laws.

B. Planning Commission Recommendations on Development Proposals.

1. General. The city council shall review the planning commission record and make the final decision on all development proposals and related appeals forwarded from the planning commission. The council may hold such study sessions and meetings to review the matter as it deems necessary, and shall hear from the staff and applicant as it deems appropriate. The final decision shall be issued in accordance with MCMC 14.09.080.

2. Appeal of Recommendation. If a timely appeal of a planning commission recommendation is made to the city council, the council shall hear the matter as set forth in MCMC 14.09.060 before making its final decision.

C. Administrative Appeals. For all quasi-judicial appeals to the city council except planning commission recommendations on development proposals, the city council shall hold a hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the appeal, and evaluating the appeal for consistency with the applicable review criteria and the city’s development code, adopted plans and regulations. Public notice of the hearing, if any, shall be given in accordance with Chapter 14.07 MCMC; provided, that the parties to the appeal shall receive written notice not less than 10 days before the hearing. The hearing shall be conducted in accordance with MCMC 14.09.050. The final decision shall be issued in accordance with MCMC 14.09.080.

D. Actions. City council decisions shall include one or more of the following actions as appropriate:

1. Approve or disapprove as recommended by staff.

2. Approve with added, altered, or deleted conditions.

3. Modify a development proposal, with or without the applicant’s concurrence; provided, that the modifications do not:

a. Enlarge the area or scope of the project;

b. Increase the density of the project or proposed building sizes;

c. Significantly increase probable adverse environmental impacts as determined by the responsible official.

4. Deny without prejudice (reapplication or resubmittal is permitted).

5. Deny with prejudice (reapplication or resubmittal is not allowed for one year).

6. Remand for further proceedings and/or evidentiary hearing in accordance with MCMC 14.09.070.

7. Grant or deny the appeal in whole or in part. (Ord. 2005-609 § 2)

14.09.045 Design review board review and decision.

The design review board shall conduct required meetings on matters within the board’s jurisdiction for the purpose of taking testimony, hearing evidence, considering the facts germane to the matter, and evaluating the matter for consistency with the applicable review criteria and the city’s development code, adopted plans and regulations. Public notice of the meeting shall be given in accordance with Chapter 14.07 MCMC, if applicable; provided, that the parties to the meeting shall receive written notice not less than 10 days prior to the meeting. Hearings, if any, shall be conducted in accordance with MCMC 14.09.050. The final decision shall be issued in accordance with Chapters 2.24 and 17.34 MCMC, and the applicable provisions of MCMC 14.09.080. Appeals may be taken from a final decision to the city council in accordance with Chapter 14.11 MCMC. (Ord. 2005-609 § 2)

14.09.050 General procedures for public hearings.

A. Public hearings shall be conducted in accordance with the hearing body’s rules of procedure (if any) and shall serve to create or supplement an evidentiary record upon which the hearing body will base its decision or recommendation.

B. In the absence of adopted procedural rules to the contrary, the chair of the hearing body shall preside at the hearing, control the course of the hearing, and make procedural decisions with the advice and consent of the hearing body. The hearing body may at any time act under Robert’s Rules of Order, which shall be the applicable rules of procedure if the hearing body cannot otherwise agree on procedural matters.

C. Public hearings shall be conducted in a manner that gives the parties thereto a fair opportunity to be heard on the matter at hand and commensurate with the issues presented; provided, that the chair may set time or other limits on the presentation of evidence, testimony and/or argument, and shall conduct the hearing in a manner that is efficient and respectful of the time of all the participants.

D. In the event that a public hearing also includes a related appeal of the underlying action, the hearing body may hear the matters concurrently or consecutively, but in either case the complete hearing shall comprise the consolidated open record hearing required for development proposal.

E. The chair shall open the public hearing when appropriate and, in general, observe the following sequence of events:

1. Introduction by the chair, during which the chair shall identify the purpose of the hearing and subject matter, determine if there are any conflicts involving the hearing body, and state the general rules of procedure for the hearing.

2. Staff presentation, including submittal of the staff report, other administrative reports, and evidence and testimony. Members of the hearing body may ask questions of the staff to elicit and/or clarify pertinent information.

3. Applicant presentation, including submittal of any reports or other relevant materials. Members of the hearing body may ask questions of the applicant to elicit and/or clarify pertinent information.

4. Testimony or comments by the public germane to the matter at hand. Questions directed to the staff or the applicant by the public shall be posed and/or answered by the chair at its discretion.

5. Rebuttal, response or clarifying statements by the staff and the applicant. Members of the hearing body may ask questions to elicit and/or clarify pertinent information.

6. The evidentiary portion of the public hearing shall be closed.

7. The hearing body shall confer and deliberate on the matter before it, and may ask further questions or solicit argument to clarify pertinent issues or existing information. The hearing body shall have the authority to reopen the evidentiary portion of the hearing only for good cause, upon appropriate notice, and provided that no final decision or recommendation has been issued.

8. Upon conclusion of its review and evaluation, the hearing body shall issue a decision and/or recommendation as appropriate. Final decisions shall be made in accordance with MCMC 14.09.080. Upon adoption of the final decision and/or recommendation, the public hearing shall be closed.

F. Notice of the public hearing shall be given in accordance with Chapter 14.07 MCMC. Public hearings may be continued to a date and time certain by the hearing body by announcement during the public hearing or by issuing additional notice thereof.

G. The city clerk or other city staff as appropriate shall make a record of the persons who testify during the hearing, a tape recording of the hearing, and a log of the reports, studies, and all other documents or tangible items submitted to the hearing body during the hearing. The city clerk shall maintain a complete set of all documents listed in such log. (Ord. 2005-609 § 2)

14.09.060 General procedures for closed record appeals and closed record hearings.

A. Closed record appeals and closed record hearings shall be conducted in accordance with the hearing body’s rules of procedure (if any) and shall provide argument and guidance to the body for purposes of deciding the matter and issuing a final decision.

B. Closed record appeals and closed record hearings shall be conducted generally as provided for public hearings in MCMC 14.09.050; provided, that the chair may modify the proceedings as appropriate to reflect the fact that the matter is an appeal. The chair may establish procedures in advance of the closed record hearing to facilitate the appeal, including briefing schedules, time limits, and separation of appeal issues and argument from open record hearing issues.

C. No new evidence or testimony shall be given or received at a closed record appeal or closed record hearing unless it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:

1. The proper constitution or jurisdiction of the body or disqualification grounds pertaining to a decision maker; or

2. The use of unlawful procedure.

D. Deliberations and final decisions shall be made in the manner specified in MCMC 14.09.050. (Ord. 2005-609 § 2)

14.09.070 Remand.

A. Only a body having final decision authority shall have the power to remand a matter to an inferior official or body.

B. Remand may be ordered whenever it is determined that the public hearing record or record on appeal is inadequate or insufficient to enable a final decision on the merits of a proposal, or when such record is otherwise flawed. The order of remand shall specify the issue(s) remanded, the reason for the remand, the deficiencies to be addressed, and the time frame for completing the remand.

C. Upon return of a remanded matter to the remanding body, the body may allow additional open or closed record proceedings as appropriate, and shall complete its deliberations and render a decision. (Ord. 2005-609 § 2)

14.09.080 Final decisions on development proposals.

A. Time Frame. Subject to subsection B of this section, final decisions on development proposals should be made within 120 days from the date of issuance of a notice of complete application unless one or more of the following apply. Time excluded for the reasons set forth below shall be excluded from the calculation of the 120-day period.

1. The proposal includes a legislative matter (e.g., an amendment to the comprehensive plan or development code, or a rezone request).

2. All time required to correct plans, perform studies or provide additional information is excluded.

3. Substantial project revisions are made or requested by an applicant, in which case the 120 days shall be calculated from the date a new notice of complete application is issued.

4. All time required for the preparation, review, completion and acceptance of an environmental impact statement is excluded.

5. The project involves the siting of an essential public facility.

6. An extension of time has been mutually agreed upon by the director and the applicant.

7. All time required to obtain a variance if not consolidated with the underlying permit is excluded.

8. All time required to complete a remand is excluded.

9. All time required for the administrative appeal of a determination of significance under Chapter 18.04 MCMC is excluded.

B. Extensions. The time frame for final decisions specified in subsection A of this section may be extended if the body with final decision authority makes written findings adopted at an open meeting that a specified amount of additional time is required to complete processing of the development proposal. Such determination shall not require the consent of the applicant or any other party.

C. Procedure. Final decisions shall be issued in writing if they are made by administrative staff, or if made by a multimember body, shall be made by motion, resolution or ordinance at the conclusion of the body’s deliberations and consideration. The decision body may make a preliminary decision or recommendation with direction to the staff to prepare appropriate findings and conclusions for formal adoption by the body.

D. Content. Final decisions shall be issued in writing and should contain the following:

1. Findings and conclusions addressing the facts of the proposal;

2. An evaluation of the proposal in light of applicable law and review criteria;

3. Conditions, limitations, restrictions and/or allowances applicable to the proposal;

4. The final decision as to the proposal;

5. The effective date of the decision; and

6. A statement of appeal rights.

E. Effective Date. Final decisions on development proposals shall be effective on the date stated in the decision, motion, resolution, or ordinance. (Ord. 2005-609 § 2)

14.09.090 Reconsideration.

A. Reconsideration is only available to a party of record and only following a quasi-judicial public hearing, closed record hearing or closed record appeal. A party of record may seek reconsideration only of a final decision. A written request for reconsideration shall be filed with the city clerk within five business days of the action approving the final decision. The request shall otherwise comply with Chapter 14.11 MCMC.

B. A timely and complete reconsideration request shall be considered at the next regular meeting of the decision body to whom it is directed. The request shall be decided without public comment or argument unless the decision body decides otherwise. 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.

C. If the reconsideration request is denied, the previous decision shall remain the final decision. If the reconsideration request is granted, the decision body may immediately revise and/or reissue its final decision or may call for further proceedings or argument at its discretion.

D. A request for reconsideration shall not alter the appeal period specified for a final decision. (Ord. 2005-609 § 2)