Chapter 14.03
JURISDICTION AND SCOPE OF AUTHORITY
Sections:
14.03.010 Responsibility and authority.
14.03.020 Director of public works and development services.
14.03.040 Planning commission.
14.03.060 Design review board.
Legislative history: Ord. 99-469.
14.03.010 Responsibility and authority.
A. The regulation of land development is an activity involving elected officials, appointed boards and city staff. The specific responsibilities of these bodies in that context are set forth in this title, recognizing that such officials, boards and staff have other duties and responsibilities not listed. The failure to list any specific responsibility shall not affect the right to exercise such responsibility. Elected officials, appointed boards and city staff shall exercise their authority in accordance with applicable law.
B. A developer shall read and understand the development code. The developer shall be responsible for compliance with the standards and requirements of the development code, and shall be prepared to fulfill the obligations placed on the developer by the development code.
C. Criteria for review of the matters listed in this chapter are set forth in other provisions of the development code. (Ord. 2018-829 § 2 (Exh. A); Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)
14.03.020 Director of public works and development services.
A. General. The director of public works and development services shall be responsible for the administration and enforcement of the development code and shall have the authority to take all actions appropriate, necessary or required in that regard.
B. Without limiting the foregoing, the director shall review and act on the following matters:
1. Administrative Interpretations. All interpretations required in the administration or enforcement of the development code and all administrative interpretations requested under MCMC 14.09.010.
2. Administrative Decisions. All administrative decisions required or permitted under the development code and all administrative decisions set forth in MCMC 14.09.010 and 14.09.020. (Ord. 2018-829 § 2 (Exh. A); Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)
14.03.030 City council.
A. General. The city council shall exercise legislative and quasi-judicial authority as permitted or required by law and/or the municipal code.
B. Without limiting the foregoing, the city council shall review and act on the following matters:
1. All legislative actions relating to the city’s comprehensive plan, subarea plans, zone districts and zoning, development regulations, policies, statutes, and regulations, including without limitation administrative amendments under MCMC 17.38.020(B).
2. Development agreements under Chapter 36.70B RCW.
3. Park and recreation board recommendations on city park master plans.
4. Closed record appeals of applications for preliminary plats and binding site plans.
5. Closed record appeals of applications for major amendments or modifications to approved plats and binding site plans.
6. Such other matters as the council may decide for which a hearing or appeal procedure is not specified by the municipal code; provided, that as to such matters the council shall specify by resolution or motion the hearing or appeal process to be followed.
C. In exercising the foregoing responsibilities, the city council shall consider as appropriate any associated environmental or other administrative determination. (Ord. 2018-829 § 2 (Exh. A); Ord. 2013-761 § 2; Ord. 2011-725 § 4; Ord. 2010-718 § 9 (Exh. I); Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)
14.03.040 Planning commission.
A. General. The planning commission shall review and make recommendations to the city council on the legislative matters set forth below and as the council may otherwise direct. The planning commission may propose to the city council that action be initiated on the matters set forth below.
B. The planning commission shall review and make recommendations to the city council on the following matters, except that planning commission review or recommendation is not required on procedural changes to the development code:
1. Adoption or amendments to the comprehensive plan, including zone districts and subarea plans.
2. Adoption or amendments to MCMC Title 15.
3. Adoption or amendments to MCMC Title 16.
4. Adoption or amendments to MCMC Title 17 and official city maps.
5. Adoption or amendments to MCMC Title 18.
6. Other decisions as specified in the development code.
7. Other legislative matters falling under Chapter 35A.63 RCW unless assigned to another board, body or entity.
C. In exercising the foregoing responsibilities, the planning commission shall consider as appropriate any associated environmental or other administrative determination. (Ord. 2018-829 § 2 (Exh. A); Ord. 2011-725 § 5; Ord. 2010-718 § 9 (Exh. I); Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)
14.03.060 Design review board.
The design review board shall review and act on all matters as specified under MCMC 4.18.020. (Ord. 2018-829 § 2 (Exh. A); Ord. 2014-777 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)
14.03.070 Board of appeals/adjustment.
Repealed by Ord. 830. (Ord. 2018-829 § 2 (Exh. A); Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)
14.03.080 Hearing examiner.
A. Final Decisions. The examiner shall review, hear and make final decisions and/or issue orders on the following matters, including all appeals related to the underlying action:
1. Applications for variances to the requirements of the municipal code, including those falling under the uniform codes and RCW 35A.63.110(2).
2. Applications for preliminary plats and binding site plans, but not including short plats.
3. Applications for major amendments or modifications of approved plats and binding site plans.
4. Applications for development permits under MCMC Titles 14 through 18 that require an open record hearing, together with appeals of related SEPA threshold determinations.
5. Applications for reasonable use exceptions under MCMC 18.06.430 if associated with land development permit applications that are subject to hearing examiner review.
6. Applications for conditional use permits for city parks.
7. Appeals of administrative interpretations under MCMC 14.03.020(B)(1).
8. Appeals of administrative decisions under MCMC 14.03.020(B)(2).
9. Appeals of amortization periods under Chapter 17.32 MCMC.
10. Appeals of design review board decisions.
11. Appeals of administrative enforcement actions under Chapter 14.13 MCMC.
12. Appeals of other administrative decisions as specified in MCMC Titles 14 through 18.
13. Appeals of business license denials, suspensions, and revocations under Chapters 5.04 and 5.26 MCMC.
14. Appeals of cabaret dance license denials, suspensions, and revocations under Chapter 5.18 MCMC.
15. Appeals of administrative decisions and enforcement actions under MCMC Title 6.
16. Appeals of stormwater rate adjustments under MCMC 8.12.070.
17. Matters falling under Chapter 35A.63 RCW which call for a quasi-judicial hearing or appeal, including decisions on permits or approvals, unless specifically assigned to another entity, board or body by the municipal code.
18. Other quasi-judicial matters as may be assigned or delegated to the examiner by the city council or the municipal code.
B. Procedure. The examiner shall receive and examine available information, schedule and conduct hearings and related matters, and issue recommendations and decisions on the foregoing in accordance with Chapter 4.34 MCMC.
C. Scope of Action. As to any matter before him, the examiner may grant, deny, modify, and/or grant with conditions, modifications, and/or restrictions, all as the examiner finds necessary to render the application, permit, appeal, or action consistent with the evidence, the Mill Creek Municipal Code and comprehensive plan, and with other regulations, laws, policies, goals and objectives of the city, and compatible with applicable state laws and regulations.
D. Exclusions. The examiner shall have no jurisdiction nor role in legislative actions, including comprehensive plan amendments, municipal code amendments, and their associated SEPA determinations, unless specifically delegated such authority by the city council. (Ord. 2018-830 § 7; Ord. 2018-829 § 2 (Exh. A); Ord. 2014-776 § 2; Ord. 2011-725 § 6; Ord. 2010-718 § 2 (Exh. B))