Chapter 150 – PROCESS IIA

Sections:

150.05    User Guide

150.10    Proposals Requiring Approval through Process IIB

150.12    Pre-Submittal Meeting

150.15    Applications

150.17    Determination of Completeness of Application

150.18    Voiding of Application Due to Inactivity

150.20    Compliance with SEPA

150.22    Notice of Application

150.25    Official File

150.30    Notice of Hearing

150.35    Staff Report

150.40    Open Record Hearing

150.45    Electronic Sound Recording

150.50    Burden of Proof

150.55    Participation at the Hearing

150.60    Continuation of the Hearing

150.65    Hearing Examiner’s Decision

150.70    Effect of the Decision

150.80    Appeals

150.85    Notice of Consideration of the Appeal

150.90    Participation in the Appeal

150.95    Nature of the Appeal and Scope of the Appeal

150.100    Staff Report on the Appeal

150.105    City Council Consideration of the Appeal

150.110    Electronic Sound Recordings

150.115    Burden of Proof

150.120    Continuation of the Consideration of the Appeal

150.125    Decision on the Appeal

150.130    Judicial Review

150.135    Lapse of Approval

150.140    Bonds

150.145    Complete Compliance Required

150.150    Time Limits

150.05 User Guide

Various places in this code indicate that certain developments, activities or uses are permitted only if approved using Process IIA. This chapter describes Process IIA.

If you are interested in obtaining approval for something through Process IIA or if you wish to participate in a decision that will be made using this process, you should read this chapter. However, this chapter only applies if another provision of the code specifically states that a decision will be made using Process IIA. Please review KMC Title 20 for additional information regarding the City’s processing of project permits.

In addition, please refer to KZC 150.10 to see if that section applies.

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150.10 Proposals Requiring Approval through Process IIB

If the development, use or activity that requires approval through Process IIA is part of a proposal that requires additional approval through Process IIB, the entire proposal will be decided upon using that other process.

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150.12 Pre-Submittal Meeting

1.    General – Before applying for a permit or approval under this chapter, the applicant shall attend a pre-submittal meeting with the Planning Official consistent with the provisions of this section.

2.    Scheduling – The Planning and Building Department will arrange a time for the pre-submittal meeting as soon as is reasonably practicable after the meeting is requested by the applicant.

3.    Purpose – The purpose of the pre-submittal meeting is for the Planning Official to provide information to the applicant regarding what information needs to be submitted for a complete application.

4.    Time Limits – The City will not accept an application under this chapter unless the applicant attended a pre-submittal meeting under this section, regarding the proposal for which application is made, within the six (6) months immediately prior to the date the application is submitted.

(Ord. 4491 § 3, 2015; Ord. 3814 § 1, 2001)

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150.15 Applications

1.    Who May Apply – Any person may, personally or through an agent, apply for a decision regarding property he/she owns.

2.    How To Apply – The applicant shall file the following information with the Planning and Building Department:

a.    A completed application, with supporting affidavits, on forms provided by the Planning and Building Department.

b.    Any information or material that is specified in the provision of this code that describes the applied for decision.

c.    Any additional information or material that the Planning Official specified at the pre-submittal meeting.

d.    Any additional information or material which must be submitted in order to have a complete application under KMC Title 20.

3.    Fee – The applicant shall submit the fee established by ordinance with the application.

(Ord. 4491 § 3, 2015; Ord. 4320 § 1, 2011; Ord. 3954 § 1, 2004)

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150.17 Determination of Completeness of Application

1.    General – Within 28 calendar days after the date of submittal of the application, the Planning Official shall mail to the applicant, or provide in person to the applicant, a written determination of whether the application is complete, and, if the application is not complete, what must be submitted by the applicant in order for the application to be complete. In this written determination, the Planning Official shall also identify, to the extent known to the City, the other agencies of local, state or federal government that may have jurisdiction over some aspect of the proposed development activity. The Planning Official may also include other information with this determination that will assist in the review and decision upon the application.

2.    Standard for Determining Completeness – An application is complete for purposes of this section when it contains the information required by KZC 150.15 and is sufficient for continued processing even though additional information may be required or modification of the proposal may be subsequently undertaken. A determination of completeness under this section does not preclude the City from requesting additional information or studies either at the time of providing the written determination of completeness or subsequently if new information is required.

3.    Review of Additional Information – The Planning Official shall provide a written determination under subsection (1) of this section within 14 calendar days of the date the applicant submits additional information required under this section.

4.    Application Considered Withdrawn – Unless the notice specifying additional information to be submitted for a complete application establishes a longer period, the application will be considered withdrawn for all purposes if the applicant has not submitted the required information to the City within 90 calendar days after the date of the notice or, if applicable, after any extension granted in writing by the Planning Director. The Planning Director may grant an extension if, based on information submitted by the applicant with the request for the extension, the Planning Director concludes that the applicant is making reasonable progress toward submitting the required information.

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150.18 Voiding of Application Due to Inactivity

An application for a decision under this chapter, for which approval has not yet been granted, may be canceled for inactivity if an applicant fails to respond to any Department’s written request for revisions, corrections, or additional information within 60 days of the request. The Planning Official may extend the response period beyond 60 days if within that time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections, or other information needed by the requesting Department.

(Ord. 3852 § 1, 2002)

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150.20 Compliance with SEPA

The State Environmental Policies Act (Chapter 43.21C RCW) applies to some of the decisions that will be made using this chapter. The Planning Official shall evaluate each application and, where applicable, comply with SEPA and with state regulations and City ordinances issued under the authority of SEPA. See KMC 24.02.230 regarding consolidation of certain appeals hearings under SEPA with the hearing required under this chapter.

(Ord. 4450 § 1, 2014)

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150.22 Notice of Application

1.    Contents – The Planning Official shall prepare a notice of each application containing the following information:

a.    The street address of the subject property, or if this is not available, a locational description in nonlegal language along with a vicinity map that identifies the subject property.

b.    The date of application.

c.    The date of the notice of completeness under KZC 150.17.

d.    The date of this notice.

e.    A description of the proposed development activity and the decision that will be made under this chapter; a list of the permits and approvals included in the application; and an identification of other necessary permits not included in the application to the extent known by the City.

f.    A list of any studies requested by the City pertinent to the application.

g.    Identification of existing environmental documents that evaluate the proposed development activity.

h.    The location where the official file may be examined.

i.    The time limit, which will not be less than 18 calendar days nor more than 30 calendar days after the date of the notice, for submitting comments to the Planning Official, which the Planning Official shall consider prior to making a recommendation on the application.

j.    Information regarding how to request a copy of the decision once it is made.

k.    General information regarding how to appeal decisions made under this chapter.

l.    A statement of any preliminary determination, if any, made by the Planning Official at the time of the notice regarding the development regulations that the Planning Official will propose as mitigation of project impact and the consistency of the proposed development activity with those development regulations.

m.    The name of the applicant.

2.    Distribution

a.    Not more than 10 calendar days after the Planning Official determines that the application is complete, and at least 18 calendar days prior to the end of the comment period, the Planning Official shall distribute this notice as follows:

1)    The notice, or a summary thereof, including a vicinity map, will be distributed to the owners of all property within 300 feet of any boundary of the subject property.

2)    The notice, or a summary thereof, including a vicinity map, will be distributed to the residents of each piece of property adjacent to or directly across the street from the subject property.

3)    The notice, or a summary thereof, will be published in the official newspaper of the City. The published notice does not require a vicinity map.

4)    The notice, or a summary thereof, including a vicinity map, will be posted on each of the official notification boards of the City.

5)    The notice will be distributed to each local, State and federal agency that the City knows has jurisdiction over the proposed development activity.

6)    The notice will be posted on the City’s website and the City will provide the public with a means to register to receive all such notices on a timely basis via email or equivalent means of electronic communication.

b.    Not more than 10 calendar days after the Planning Official determines that the application is complete, and at least 18 calendar days prior to the end of the comment period, the applicant shall provide for and erect public notice signs as follows:

1)    The signs shall be designed and constructed to City standards. A copy of the notice described in subsection (1) of this section and a site plan and/or vicinity map shall be attached to each sign.

2)    The Planning and Building Department is authorized to develop the standards for the public notice signs necessary for implementation of this section.

3)    One (1) sign shall be erected on or near the subject property facing each public right-of-way adjacent to the subject property and private easement or tract road providing primary vehicular access to the subject property and to any property that abuts the subject property. The Planning and Building Department shall approve the location of each sign.

4)    The signs may not be removed until 21 calendar days after the final decision of the City on the application, and the applicant shall remove the signs within seven (7) calendar days thereafter.

(Ord. 4491 § 3, 2015; Ord. 4437 § 1, 2014; Ord. 4193 § 1, 2009; Ord. 3954 § 1, 2004; Ord. 3814 § 1, 2001)

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150.25 Official File

1.    Contents – The Planning Official shall compile an official file on the application containing the following:

a.    All application materials submitted by the applicant.

b.    The staff report.

c.    All written comments and testimony received on the matter.

d.    The electronic recording of the public hearing on the matter.

e.    The decision of the Hearing Examiner.

f.    If the decision of the Hearing Examiner is appealed, the following will be added to the file:

1)    The letter of appeal.

2)    All written comments submitted regarding the appeal.

3)    The staff report on the appeal.

4)    The electronic sound recording and minutes of the hearing on the appeal.

5)    The decision of the City Council on the appeal.

g.    Any other information relevant to the matter.

2.    Availability – The official file is a public record. It is available for inspection and copying in the Planning and Building Department during regular business hours.

(Ord. 4491 § 3, 2015)

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150.30 Notice of Hearing

1.    Contents – The Planning Official shall prepare a notice of the hearing of the Hearing Examiner containing the following information:

a.    The name of the applicant and, if applicable, the project name.

b.    The street address of the subject property, or if this is not available, a locational description in nonlegal language along with a vicinity map that identifies the subject property.

c.    The citation of the provision of this code describing the applied for decision.

d.    A brief verbal description of the requested decision.

e.    The time and place of the hearing.

f.    A statement of the availability of the official file.

g.    A statement of the right of any person to submit written comments or testimony to the Hearing Examiner and to appear at the public hearing of the Hearing Examiner to give comments or testimony orally.

h.    A statement that only persons who submit written or oral comments or testimony to the Hearing Examiner may appeal the Hearing Examiner’s decision.

2.    Distribution – The Planning Official shall distribute this notice at least 14 calendar days before the public hearing as follows:

a.    The notice, or a summary thereof, including a vicinity map, will be distributed to the owners of all property within 300 feet of any boundary of the subject property.

b.    The notice, or a summary thereof, including a vicinity map, will be distributed to the residents of each piece of property adjacent to or directly across the street from the subject property.

c.    The notice, or a summary thereof, will be published in the official newspaper of the City. The published notice does not require a vicinity map.

d.    The notice, or a summary thereof, including a vicinity map, will be posted on each of the official notification boards of the City.

e.    The notice will be posted on the City’s website.

3.    Combined Notice – The Planning Official may combine the notice required under this section with the notice required under KZC 150.22.

(Ord. 4193 § 1, 2009; Ord. 3954 § 1, 2004)

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150.35 Staff Report

1.    Contents – The Planning Official shall prepare a staff report containing the following information:

a.    All pertinent application materials.

b.    All comments regarding the matter received by the Planning and Building Department prior to distribution of the staff report.

c.    An analysis of the application in relation to the applicable provisions of this code and the Comprehensive Plan.

d.    A statement of the facts found by the Planning Official and the conclusions drawn from those facts.

e.    A recommendation on the matter.

2.    Distribution – At least seven (7) calendar days before the hearing, the Planning Official shall distribute the staff report to the following persons:

a.    The Hearing Examiner.

b.    The applicant.

(Ord. 4491 § 3, 2015; Ord. 4372 § 1, 2012; Ord. 4193 § 1, 2009)

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150.40 Open Record Hearing

1.    General – The Hearing Examiner shall hold an open record hearing on each application.

2.    Hearing Declared Open – The hearings of the Hearing Examiner are open to the public.

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150.45 Electronic Sound Recording

The Hearing Examiner shall make a complete electronic sound recording of each public hearing.

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150.50 Burden of Proof

The applicant has the responsibility of convincing the Hearing Examiner that, under the provisions of this chapter, the applicant is entitled to the requested decision.

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150.55 Participation at the Hearing

Any person may participate in the hearing in either or both of the following ways:

1.    By submitting written testimony or comments to the Hearing Examiner, either by delivering the testimony or comments to the Planning and Building Department prior to the hearing or by giving it directly to the Hearing Examiner at the hearing.

2.    By appearing in person, or through a representative, at the hearing and providing oral testimony or comments directly to the Hearing Examiner. The Hearing Examiner may reasonably limit the extent of oral testimony and comments to facilitate the orderly and timely conduct of the hearing.

(Ord. 4491 § 3, 2015)

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150.60 Continuation of the Hearing

The Hearing Examiner may continue the hearing if, for any reason, he/she is unable to hear all of the public comments on the matter or if the Hearing Examiner determines that he/she needs more information on the matter. However, if the continuation of the hearing would result in the Hearing Examiner not complying with the time limit for issuing his/her decision consistent with KZC 150.65, the Hearing Examiner may continue the hearing only if the time limit for issuing his/her decision is extended under the provisions of that section. If, during the hearing, the Hearing Examiner announces the time and place of the next hearing on the matter, no further notice of that hearing need be given.

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150.65 Hearing Examiner’s Decision

1.    General – After considering all of the information, testimony and comments submitted on the matter, the Hearing Examiner shall issue a written decision either:

a.    Granting the application; or

b.    Modifying and granting the application; or

c.    Denying the application.

2.    Time Limits – The Hearing Examiner shall issue his/her decision within eight (8) calendar days of the date of the open record hearing, as stated in the notice provided under KZC 150.30, except as follows:

a.    If the Hearing Examiner and the applicant agree in writing on an extension of the time limit for the Hearing Examiner to issue his/her decision, the Hearing Examiner has the additional agreed-upon time to issue his/her decision.

b.    If the proposed development activity presents a special circumstance, as defined below, the Hearing Examiner shall issue his/her decision within 21 calendar days of the date of the open record hearing as stated in the notice provided under KZC 150.30. For the purposes of this section, a permit for a proposed development activity presents a special circumstance under RCW 36.70B.140 when, because of the unusually large size of the subject property, the unusual complexity of what the applicant is proposing, the unusually large number of discretionary permits or approvals that are required and/or other unusual characteristics stated on the record by the Hearing Examiner, the proposed development activity requires more in-depth review and/or analysis than could reasonably be conducted under the time frame that would otherwise apply.

3.    Decisional Criteria – The Hearing Examiner shall use the criteria listed in the provision of this code describing the requested decision in deciding upon the application. In addition, the Hearing Examiner may approve the application only if:

a.    It is consistent with all applicable development regulations and, to the extent there is no applicable development regulation, the Comprehensive Plan; and

b.    It is consistent with the public health, safety and welfare.

4.    Conditions and Restrictions – The Hearing Examiner shall include in the written decision any conditions and restrictions that he/she determines are necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision.

5.    Contents – The Hearing Examiner shall include the following in his/her written decision:

a.    A statement granting, modifying and granting, or denying the application.

b.    Any conditions and restrictions that are imposed.

c.    A statement of facts presented to him/her that support the decision, including any conditions and restrictions that are imposed.

d.    A statement of the Hearing Examiner’s conclusions based on those facts.

e.    A statement of the criteria used by the Hearing Examiner in making the decision.

f.    A summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the Hearing Examiner.

6.    Notice of Decision – Within four (4) business days after the Hearing Examiner’s written decision is issued, the Planning Official shall distribute the decision, or a summary thereof, along with a summary of any threshold determination under SEPA and the procedures for appealing the decision under this chapter, to the following parties:

a.    The applicant.

b.    Each person who submitted written or oral testimony to the Hearing Examiner on the application. The Planning Official is not required to distribute a notice of decision to a party who signed a petition, unless such party also submitted independent written comments or information.

c.    Each person who has requested notice of the decision.

The decision shall be posted on the City’s website.

7.    The Hearing Examiner retains jurisdiction to correct errors in and/or to clarify the decision until the appeal period under KZC 150.80 has expired.

(Ord. 4193 § 1, 2009; Ord. 3954 § 1, 2004; Ord. 3814 § 1, 2001)

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150.70 Effect of the Decision

The applicant may not engage in any activity based on the decision granting the application until the time to appeal has expired. If the decision is appealed, the applicant may not engage in any activity based on the decision granting the application until the City issues a final decision on the matter. If the decision of the Hearing Examiner is not appealed, that decision is the final decision of the City.

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150.80 Appeals

1.    Who May Appeal – The decision of the Hearing Examiner may be appealed by:

a.    The applicant; and

b.    Any person who submitted written or oral testimony or comments to the Hearing Examiner on the application. A party who signed a petition may not appeal unless such party also submitted independent written comments or information.

2.    Time To Appeal/How To Appeal – The appeal, in the form of a letter of appeal, must be delivered to the Planning and Building Department within 14 calendar days following the date of distribution of the Hearing Examiner’s decision; provided, that the appeal letter must be delivered to the Planning and Building Department within 21 calendar days of the date of distribution of the Hearing Examiner’s decision if state or local rules adopted pursuant to SEPA allow for public comment on a declaration of nonsignificance issued on the proposed development activity; and provided further, that if the fourteenth or twenty-first day, as applicable, of the appeal period falls on a Saturday, Sunday, or legal holiday, the appeal period shall be extended through the next day on which the City is open for business. It must contain:

a.    A clear reference to the matter being appealed; and

b.    A statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the appeal.

3.    Fee – The person filing the appeal shall include with the letter of appeal the fee established by ordinance.

4.    Jurisdiction – Appeals from the decision of the Hearing Examiner will be considered and decided upon by the City Council.

(Ord. 4491 § 3, 2015; Ord. 4193 § 1, 2009; Ord. 3814 § 1, 2001)

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150.85 Notice of Consideration of the Appeal

1.    Contents – The Planning Official shall prepare a notice of the appeal containing the following:

a.    The file number and a brief written description of the matter being appealed.

b.    A statement of the scope of the appeal including a summary of the specific factual findings and conclusions disputed in the letter of appeal.

c.    The time and place of the consideration of the appeal by the City Council.

d.    A statement of who may participate in the appeal.

e.    A statement of how to participate in the appeal.

2.    Distribution – At least 14 calendar days before the City Council’s consideration of the appeal, the Planning Official shall distribute this notice, or a summary thereof, to each person entitled to appeal the decision under KZC 150.80(1).

(Ord. 4286 § 1, 2011; Ord. 4193 § 1, 2009; Ord. 3954 § 1, 2004; Ord. 3814 § 1, 2001)

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150.90 Participation in the Appeal

Only those persons entitled to appeal the decision under KZC 150.80(1) who file an appeal under KZC 150.80(2) may participate in the appeal; provided, that the applicant may submit a written response to an appeal filed by an appellant, regardless of whether the applicant filed an appeal. These persons may participate in either or both of the following ways:

1.    By submitting written arguments to the City Council prior to the commencement of the City Council’s consideration of the appeal.

2.    By appearing in person, or through a representative, at the City Council’s consideration of the appeal and providing oral or written arguments directly to the City Council. The City Council shall allow each side (proponents and opponents) to speak for a maximum of 10 minutes each.

(Ord. 4121 § 1, 2008; Ord. 4072 § 1, 2007; Ord. 3814 § 1, 2001)

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150.95 Nature of the Appeal and Scope of the Appeal

The appeal will be a closed record appeal. The scope of the appeal is limited to the specific factual findings and conclusions disputed in the letter of appeal, and City Council may only consider arguments on these factual findings and conclusions. The appeal will be considered only on the record developed in the hearing before the Hearing Examiner. No new evidence may be presented.

(Ord. 4121 § 1, 2008)

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150.100 Staff Report on the Appeal

1.    Contents – The Planning Official shall prepare a staff report on the appeal containing the following:

a.    The staff report prepared for the public hearing before the Hearing Examiner.

b.    The written decision of the Hearing Examiner.

c.    All written testimony and comments submitted to the Hearing Examiner.

d.    A summary of the testimony, comments and discussion at the hearing of the Hearing Examiner and a statement of the availability of the electronic sound recording of the hearing.

e.    The letter of appeal.

f.    All written arguments received by the Planning and Building Department from persons entitled to participate in the appeal and within the scope of the appeal.

g.    An analysis of the specific factual findings and conclusions disputed in the letter of appeal.

2.    Distribution – The Planning Official shall distribute the staff report as follows:

a.    Prior to the City Council’s consideration of the appeal, the staff report will be distributed to each member of the City Council.

b.    At least seven (7) calendar days before the City Council’s consideration of the appeal, the staff report will be distributed to:

1)    The applicant;

2)    The person who filed the appeal; and

3)    Any person who received the Hearing Examiner’s decision.

(Ord. 4491 § 3, 2015; Ord. 4193 § 1, 2009; Ord. 3814 § 1, 2001)

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150.105 City Council Consideration of the Appeal

1.    General – City Council shall hold a closed record appeal procedure on the appeal.

2.    Consideration Declared Open – The consideration of the appeal by the City Council is open to the public.

(Ord. 3814 § 1, 2001)

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150.110 Electronic Sound Recordings

City Council shall make a complete electronic sound recording of each consideration of an appeal.

(Ord. 3814 § 1, 2001)

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150.115 Burden of Proof

The person filing the appeal has the responsibility of convincing the City Council that the Hearing Examiner made an incorrect decision because of erroneous findings of fact or conclusions.

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150.120 Continuation of the Consideration of the Appeal

City Council may continue their consideration if, for any reason, they are unable to receive all of the comments on the appeal or if City Council determines that they need more information within the scope of the appeal. If, during their consideration, the time and place of the next consideration of the matter is announced, no further notice of that consideration need be given.

(Ord. 3814 § 1, 2001)

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150.125 Decision on the Appeal

Within 60 calendar days of the date the letter of appeal was filed under KZC 150.80 and after considering all arguments within the scope of the appeal submitted by persons entitled to participate in the appeal, the City Council shall, by motion approved by a majority of its total membership, take one (1) of the following actions:

1.    If City Council determines that disputed findings of fact and conclusions of the Hearing Examiner are the correct findings of fact and conclusions, the Council shall affirm the decision.

2.    If City Council determines that the disputed findings of fact and conclusions of the Hearing Examiner are not correct and that correct findings of fact and conclusions do not support the decision of the Hearing Examiner, the Council shall modify or reverse the decision.

3.    In all other cases, the Council shall direct the Hearing Examiner to hold a rehearing on the matter. The motion may limit the scope of the matters to be considered at this rehearing. The provisions of KZC 150.25 through 150.70 apply to a rehearing under this subsection. In the event the City Council orders a rehearing on the matter, this shall constitute a special circumstance under RCW 36.70B.140. The Hearing Examiner shall hold the rehearing within 28 calendar days of the date the City Council orders the rehearing, and the time limits and other pertinent requirements of this chapter shall apply to the rehearing.

4.    Notice of Decision

a.    General – Following the final decision of the City Council, the Planning Official shall prepare a notice of the City’s final decision on the application.

b.    Distribution – Within four (4) business days after the City Council’s decision is made, the Planning Official shall distribute the decision, or summary thereof, along with a summary of any threshold determination under SEPA, to the following persons:

1)    The applicant.

2)    The person who filed the appeal.

3)    Each person who submitted written or oral comments to the City Council.

4)    Each person who has requested notices of the decision.

The decision shall be posted on the City’s website.

5.    Effect – The decision of City Council is the final decision of the City.

(Ord. 4193 § 1, 2009; Ord. 3954 § 1, 2004)

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150.130 Judicial Review

The action of the City in granting or denying an application under this chapter may be reviewed pursuant to the standards set forth in RCW 36.70C.130 in the King County Superior Court. The land use petition must be filed within 21 calendar days of the issuance of the final land use decision by the City. For more information on the judicial review process for land use decision, see Chapter 36.70C RCW.

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150.135 Lapse of Approval

For final approvals under this chapter issued on or before December 31, 2014, the applicant must begin construction or submit to the City a complete building permit application for the development activity, use of land or other actions approved under this chapter within seven (7) years after the final approval of the City of Kirkland on the matter, or the decision becomes void; provided, however, that in the event judicial review is initiated per KZC 150.130, the running of the seven (7) years is tolled for any period of time during which a court order in said judicial review proceeding prohibits the required development activity, use of land, or other actions. For final approval under this chapter issued on or after January 1, 2015, the applicant must begin construction or submit to the City a complete building permit application for the development activity, use of land or other actions approved under this chapter within five (5) years after the final approval of the City of Kirkland on the matter, or the decision becomes void; provided, however, that in the event judicial review is initiated per KZC 150.130, the running of the five (5) years is tolled for any period of time during which a court order in said judicial review proceeding prohibits the required development activity, use of land, or other actions.

For final approvals under this chapter issued on or before December 31, 2014, the applicant must substantially complete construction for the development activity, use of land, or other actions approved under this chapter and complete the applicable conditions listed on the notice of decision within nine (9) years after the final approval on the matter, or the decision becomes void. For final approvals under this chapter issued on or after January 1, 2015, the applicant must substantially complete construction for the development activity, use of land, or other actions approved under this chapter and complete the applicable conditions listed on the notice of decision within seven (7) years after the final approval on the matter, or the decision becomes void.

For development activity, use of land, or other actions with phased construction, lapse of approval may be extended when approved under this chapter and made a condition of the notice of decision.

(Ord. 4372 § 1, 2012)

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150.140 Bonds

The Hearing Examiner and City Council may require a bond under Chapter 175 KZC to insure compliance with any aspect of a permit or approval.

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150.145 Complete Compliance Required

1.    General – Except as specified in subsection (2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter in order to do everything authorized by that approval.

2.    Exception – Subsequent Modification

If a specific use or site plan is approved through this process, or any quasijudicial process under previous zoning codes, the applicant is not required to apply for and obtain approval through this process for a subsequent change in use or site plan unless:

a.    There is a change in use and this code establishes different or more rigorous standards for the new use than for the existing use; or

b.    The Planning Director determines that there will be substantial changes in the impacts on the neighborhood or the City as a result of the change.

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150.150 Time Limits

Any time limit, pursuant to Chapter 36.70B RCW, upon the City’s processing and decision upon applications under this chapter may, except as specifically otherwise stated in this chapter, be modified by a written agreement between the applicant and Planning Director. In the event a permit constitutes or presents a special circumstance under the provisions of this chapter, the time limits for the City to make a final decision and issue its notice of decision under Chapter 36.70B RCW are extended by the number of days that the final decision of the City was delayed as a result of that special circumstance.

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