Chapter 14.05


14.05.010    Administrative approval.

14.05.030    Planning Commission review.

14.05.040    City Council action.

14.05.050    Procedures for open record and public hearings.

14.05.060    Procedures for closed record appeals.

14.05.070    Reconsideration.

14.05.080    Remand.

14.05.090    Final decision.

14.05.100    Interpretation.

14.05.010 Administrative approval.

A. The Director or his/her 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 on all Type I applications listed under Appendix I.

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

1. If no appeal is submitted, the preliminary approval becomes final at the expiration of the appeal period. (Ord. C-661 § 27, 2007)

14.05.030 Planning Commission review.

A. The Planning Commission reviews Type II applications; notice of the Planning Commission hearing shall be in accordance with AHMC 14.04.030.

B. Staff Report. The planning department 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 code, adopted plans and regulations. The staff report shall include findings, conclusions, and proposed recommendations for the development application.

C. Hearing. The Planning Commission shall conduct an open record hearing on development proposals for the purpose of receiving testimony, evidence, considering the information, and evaluating the proposal for consistency with the City’s development code, adopted plans and regulations.

D. Required Findings. The Planning Commission shall not approve or recommend approval of a proposed development unless it first makes the following findings and conclusions:

1. The development is consistent with the Comprehensive Plan and meets the requirements and intent of the development code.

2. The development makes adequate provisions for open space, drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites for schools and school grounds, and other public utilities.

3. The development adequately mitigates adverse environmental impacts identified during environmental review under Chapter 18.01 AHMC.

4. The development is not harmful to the public health, safety and welfare and is in the public interest.

5. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. If the development results in a level of service lower than those set forth in the Comprehensive Plan, the development may be approved if improvements or strategies to raise the level of service above the minimum standard are made concurrent with the development. For the purpose of transportation improvements, “concurrent with the development” is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development.

6. The area, location, and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development.

E. Action. The Planning Commission’s recommendation, approval, or disapproval of a development proposal or action shall include a resolution setting forth its findings and conclusions. (Ord. C-661 § 28, 2007)

14.05.040 City Council action.

A. Actions. Following a recommendation from the Planning Commission or decision by the Hearing Examiner, the matter shall be placed on the Council agenda.

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

1. A Council decision shall include one of the following actions:

a. Approve as recommended;

b. Approve with additional conditions;

c. Modify, with or without the applicant’s concurrence; provided, that the modifications do not:

i. Enlarge the area or scope of the project;

ii. Increase the density or proposed building size;

iii. Significantly increase adverse environmental impacts as determined by the responsible official;

d. Deny (reapplication or resubmittal is permitted);

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

f. Remand for further proceedings and/or evidentiary hearing in accordance with AHMC 14.05.080.

2. The City Council decision shall be based upon the record.

3. Appeals of environmental determinations shall be considered concurrently with the pending matter. Such an appeal is a closed record appeal. (Ord. C-661 § 29, 2007)

14.05.050 Procedures for open record and public hearings.

Open record and public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create an evidentiary record for the decision. At an open record and public hearing, the following should occur:

A. Staff presentation, including submittal of any administrative reports. The hearing body may ask questions of the staff. The public file is considered part of the record.

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

C. Testimony or comments by the public germane to the matter. Questions from the public shall be addressed to the hearing body.

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. (Ord. C-661 § 30, 2007)

14.05.060 Procedures for closed record appeals.

For closed record appeals to the City Council, the appeal shall be conducted in accordance with the City Council’s rules of procedure and shall serve to provide argument and information for the decision. Closed record appeals shall be conducted generally as provided for public hearings. Unless otherwise allowed by law, no new evidence or testimony shall be given or received. The parties to the appeal may submit written statements or arguments. For closed record appeals to the Hearing Examiner, the appeal shall be conducted with rules of procedure established by the Hearing Examiner and shall conform with this section. (Ord. C-661 § 31, 2007)

14.05.070 Reconsideration.

A party may seek reconsideration of a final decision by filing a written request for reconsideration with the Director or his/her designee within five days of the announcement of the final decision. The request shall comply with AHMC 14.06.030. The request shall be heard without 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 hearing body may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals. (Ord. C-661 § 32, 2007)

14.05.080 Remand.

In the event the hearing body determines that the record is insufficient, the hearing body may remand the matter to receive evidence. The hearing body shall specify the items or issues to be considered and the time for completing the additional work. (Ord. C-661 § 33, 2007)

14.05.090 Final decision.

A. Time. The final decision on a development proposal should be made within 120 days from the date of the determination of completeness, except for:

1. Amendments to the Comprehensive Plan or development code required by the project;

2. Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the Director or his/her 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 120 days will be calculated from the time that the Director or his/her designee 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 body;

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

B. Effective Date. The final decision of the hearing body 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 hearing body takes action on the motion, resolution, or ordinance. (Ord. C-661 § 34, 2007)

14.05.100 Interpretation.

To the extent the decision-making authority and appeal process contained in AHMC Titles 15 through 18 is inconsistent with this title, this title shall control. (Ord. C-661 § 35, 2007)