HomeMy WebLinkAboutO-2202 - Amends Chs. 2.70, 15.01, 15.03, 15.07, 15.09, 15.11, 20.36, 20.64, 20.84, and Sec. 19.54.100 and 20.12.090, hearing examiner (Repealed by 2852)I,)
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO..;uO.)..
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AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING CHAPTERS
2.70,15.01, 15.03,15.07,15.09,15.11,20.36,20.64 AND 20.84 OF
THE MARYSVILLE MUNICIPAL CODE AND SECTIONS 19.54.100 AND
20.12.0900F THE MARYSVILLE MUNICIPAL CODE. ALL RELATING TO
DECISIONS OF THE HEARING EXAMINER AND APPEALS THEREFROM.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1.MMC Chapter 2.70 is hereby amended to read
as follows:
Sections:
2.70.010
2.70.020
2.70.030
2.70.040
2.70.050
2.70.060
2.70.070
2.70.080
2.70.090
2.70.100
2.70.110
2.70.120
2.70.130
2.70.140
Chapter 2.70
HEARING EXAMINER
Purpose.
Creation of hearing examiner.
Appointment.
Qualifications.
Removal.
Conflict of interest and appearance of
fairness.
Freedom from improper influence.
Rules.
Duties of the hearing examiner.
Public hearings.
Examiner's decision/recommendation.
Notice of examiner's decision.
Hearing examiner decision.
Conflicting code provisions and rules of
procedure.
2.70.010 Purpose.
The purpose of this chapter is to establish a quasi-judicial
hearing system which will ensure procedural due process and
appearance of fairness in regulatory hearings and will
provide an efficient and effective hearing process for
quasi-judicial matters.
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2.70.020 Creation of hearing examiner.
The office of hearing examiner,hereinafter referred to as
"examiner,"is created.The examiner shall perform the
duties and functions specified in this chapter,together with
such other quasi-judicial duties and functions as may be
delegated by the mayor and city council.Unless the context
requires otherwise,the term "examiner"as used herein shall
include any examiner pro tem who may be appointed.
2.70.030 Appointment.
The examiner shall be appointed by the mayor subject to
confirmation by a majority vote of the city council.The
terms of the examiner's employment shall be specified by a
professional service contract.An examiner pro tem may also
be appointed by the mayor subject to confirmation by majority
vote of the city council.An examiner pro tem shall serve in
the event of absence or disqualification of the examiner.
2.70.040 Qualifications.
The examiner shall be appointed solely with regard to his or
her qualification for the duties of the office,and will have
such training and experience as will qualify the examiner to
conduct administrative and quasi-judicial hearings on
regulatory enactments and to discharge such other functions
conferred upon the examiner by the mayor and city council.
The examiner shall hold no other elective or appointive
office or position in city government.
2.70.050 Removal.
The examiner may be removed from office for cause by the
mayor,subject to confirmation by majority vote of the city
council.
2.70.060 Conflict of interest and appearance of fairness.
The examiner shall not conduct or participate in any hearing
or decision in which the examiner has a direct or indirect
personal interest which might influence the examiner or
interfere with the examiner's decision-making process.Any
actual or potential conflict of interest shall be disclosed
to the parties immediately upon discovery of such conflict.
The hearing shall then be conducted by an examiner pro tem.
The appearance of fairness doctrine,as specified in Chapter
42.36 RCW,shall apply to all proceedings conducted by the
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examiner,and may result in the examiner's disqualification
when necessary.
2.70.070 Freedom from improper influence.
No council member,city official or any other person shall
attempt to interfere with or improperly influence the
examiner in the performance of his or her designated duties.
2.70.080 Rules.
The examiner shall have the power to prescribe rules and
regulations for the scheduling and conduct of hearings and
other procedural matters related to the duties of the office.
The rules shall provide that all public hearings be held
after 6:00 p.m.,except under special circumstances
authorized by the mayor.
2.70.090 Duties of the hearing examiner.
The examiner is vested with the duty and authority to hold
public hearings and render decisions on the following
matters:
(I)Preliminary plats;
(2)Appeals from administrative decisions on short plats;
(3)Rezones;except,area-wide rezones initiated by the city
itself shall be heard by the planning commission;
(4)Binding site plan approvals when subject to public
review;
(5)Conditional use permits when subject to public review;
(6)Zoning code variances;
(7)Administrative appeals from decisions and interpretations
by city staff relating to land use codes,SEPA and permits;
(8)Conditional shoreline development permits,variances and
appeals from administrative determinations arising under
Chapter 18.16 MMC;
(9)Complaints by citizens or city staff seeking
administrative enforcement of provisions of city land use
codes or conditions in development permits and approvals,or
seeking rescission or modification of such permits or
approvals;
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(10)Variances and administrative appeals arising from the
city's sign code;
(11)Variances and administrative appeals arising from the
city's floodplain management code;
(12)Variances and administrative appeals arising under the
city's street department code;
(13)Such other regulatory,enforcement or quasi-judicial
matters as may be assigned to the examiner by the mayor and
city council.
2.70.100 Public hearings.
Where public hearings are required by state statute or city
code,the examiner shall hold at least one such hearing prior
to rendering a decision on any matter.All testimony at any
such hearing shall be taken under oath.Public notice of the
time and place of the hearing shall be given as required by
city code.
2.70.110 Examiner's decision.
Within 15 calendar days after the conclusion of a hearing,
unless a longer period is agreed to by the applicant in
writing or verbally on the record at the public hearing,the
examiner shall render a written decision which shall include
at least the following:
(1)Findings of fact based upon the record and conclusions
therefrom which support the decision;
(2)The decision shall state whether the application is
either granted,granted in part,granted with conditions,
modifications or restrictions,returned to the applicant for
modification,denied with prejudice or denied without
prejudice;
(3)If a time limit exists for filing an administrative or
judicial appeal of the decision,said time limit shall be
disclosed.
2.70.120 Notice of examiner's decision.
Not later than five calendar days following the rendering of
a written decision,copies thereof shall be mailed to the
applicant and other parties of record in the case."Parties
of record"shall include the applicant and all other persons
who specifically request notice of the decision.The
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examiner may establish rules for registering parties of
record.
2.70.130 Hearing examiner decision.
Unless specifically provided otherwise by ordinance,all
decisions of the hearing examiner shall be final action by
the City.Hearing examiner decisions shall be appealable
pursuant to MMC Chapter 15.11.
2.70.140 Conflicting code provisions and rules of procedure.
Any and all provisions of this code,and any and all
provisions of the rules of procedure adopted by the examiner,
which are in conflict with this chapter are superseded.
Section 2.MMC Chapter 15.01 is hereby amended to read
as follows:
Chapter 15.01
INTRODUCTION
Sections:
15.01.010 Intent.
15.01.020 Rules of interpretation.
15.01.030 Definitions.
15.01.010 Intent.
The purpose of this title is to combine and consolidate the
application,review,and approval processes for land
development in the city of Marysville in a manner that is
clear,concise,understandable and consistent with Chapter
36.70B RCW.It is further intended to comply with state
guidelines for combining and expediting development review
and integrating environmental review and land use development
plans.Final decisions on development proposals shall be
made within 120 days of the date of the letter of
completeness except as provided in MMC 15.09.090.
15.01.020 Rules of interpretation.
(1)For the purposes of the development code,all words used
in the code shall have their normal and customary meanings,
unless specifically defined otherwise in this code.
(2)words used in the present tense include the future.
(3) The plural includes the singular and vice-versa.
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(4)The words "will"and "shall"are mandatory.
(5)The word "may"indicates that discretion is allowed.
(6)The word "used"includes designed,intended,or arranged
to be used.
(7)The masculine gender includes the feminine and
vice-versa.
(8)Distances shall be measured on a horizontal plane unless
otherwise specified.
(9)The word "building"includes a portion of a building or a
portion of the lot on which it stands.
(10)The word "days"refers to calendar days.
15.01.030 Definitions.
The following definitions shall apply to Marysville Municipal
Code Titles 15 through 20.For the purposes of administering
this title,if any of these definitions conflict with those
of other provisions of the Marysville Municipal Code,the
definitions of this chapter shall control.
(1)"Adjacent property owners"means the owners of real
property,as shown by the records of the county assessor,
located within 300 feet of any portion of the boundary of the
proposed subdivision.In the case of a mortgage company or
bank,the occupant of the site address shall also be
included.If the owner of the real property which is
proposed to be subdivided owns another parcel or parcels of
real property which lie adjacent to the real property
proposed to be subdivided,notice shall be given to owners of
real property located within 300 feet of any portion of the
boundaries of such adjacently located parcels of real
property owned by the owner of the real property proposed to
be subdivided.
(2)"Aggrieved person"means one whose proprietary,pecuniary
or personal rights would be substantially affected by a
particular action as determined by the hearing examiner.
(3)"Applicant"means any person or legal entity proposing a
division of land.
(4)"City,"for the purpose of this title,shall be the city
of Marysville.
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(5)"City standards"means the engineering design and
development standards as published by the department of
public works.
(6)"Comprehensive plan"means a document or series of
documents adopted by city council that sets forth broad
guidelines and policies for the development of the city.
(7)"Comprehensive plan amendment"means an amendment or
change to the text or maps of the comprehensive plan.
(8)"Critical areas"means areas of environmental
sensitivity,which include the following areas and
ecosystems:
(a)Wetlands;
(b)Fish and wildlife habitat;and
(c)Geologically hazardous areas.
(9)"Development"means any land use permit or action
regulated by MMC Titles 15 through 20 including but not
limited to subdivisions,binding site plans,rezones,
conditional use permits,building permits subject to SEPA,
and variances.
(10)"Development code"means Marysville Municipal Code
Titles 15 through 20.
(11)"Director"means the city planner or designated
representative.
(12)"Effective date"means the date a final decision becomes
effective.
(13)"Final decision"means the final action by the director,
hearing examiner,or city council.
(14)"MMC"means Marysville Municipal Code.
(15)"Hearing examiner"means the land use hearing examiner
for the city.
(16)"Party of record,"for each application/appeal,means:
(a)The applicant/appellant;
(b)All persons who have submitted written comments
concerning the specific matter to the responsible city
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department and/or to the hearing body prior to the close of
the hearing and have provided the city with a complete
address;
(c)All persons who testified at the public hearing.
(17)"Planned action"means a significant development
proposal as defined in RCW 43.21C.031 (SEPA)as amended.
(18)"Open record hearing"means a hearing conducted by the
designated hearing officer or body which creates the city's
official record through the submission of testimony and
evidence,under procedures prescribed by this title.An open
record hearing may be held as either a predecision hearing,a
hearing in which a final decision is issued,or as an appeal
of a final decision;however,no more than one open record
hearing may be held on any proposed action.
(19)"RCW"means Revised Code of Washington.
(20)"Site plan,final"means a site plan reviewed and
approved pursuant to MMC Titles 15 through 20 containing the
inscriptions or attachments setting forth the limitations and
conditions of use for a specific parcel of property and
meeting the requirements of the Snohomish County auditor for
recording.
Section 3.MMC Chapter 15.03 is hereby amended to read
as follows:
Chapter 15.03
ADMINISTRATION
Sections:
15.03.010 Roles and responsibilities.
15.03.020 Planning director.
15.03.030 City council.
15.03.040 Planning commission.
15.03.050 Hearing examiner.
15.03.060 Building code board of appeals.
15.03.010 Roles and responsibilities.
(I)The regulation of land development is a cooperative
activity including many different elected and appointed
boards and city staff.The specific responsibilities of
these bodies is set forth below.
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(2)An applicant is expected to read and understand the city
development code and be prepared to fulfill the obligations
placed on the applicant by MMC Titles 15 through 18.
15.03.020 Planning director.
The director shall review and act on the following:
(1)Authority.The director is responsible for the
administration of MMC Titles 15 through 20;
(2)Administrative Interpretation.Upon request or as
determined necessary,the director shall interpret the
meaning or application of the provisions of said titles and
issue a written administrative interpretation within 30 days
of said request.Requests for interpretation shall be
written and shall concisely identify the issue and desired
interpretation;
(3)Administrative Approvals.Administrative approvals set
forth in MMC 15.09.010 and 15.09.020;
(4)Preliminary short plats;
(5)Shoreline permits for substantial developments;
(6)SEPA (State Environmental Policy Act)determinations.
15.03.030 City council.
In addition to its legislative responsibility,the city
council shall review and act on the following subjects:
(1)Approval of final plats;
(2)Approval of the comprehensive plan and comprehensive plan
amendments;
(3)Approval of area-wide rezones,and confirmation by
ordinance of site specific rezones approved by the hearing
examiner.
15.03.040 Planning commission.
The planning commission shall review and make recommendations
on the following applications and subjects:
(1)Amendments to the comprehensive plan;
(2)Amendments to the subdivision code,MMC Title 20;
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(3)Amendments to the zoning code,MMC Title 19,or the
official map;
(4)Amendments to the planning code,MMC Title 18;
(5)Other actions requested or remanded by the city council.
15.03.050 Hearing examiner.
The hearing examiner shall review and act on the following
applications and subjects:
(1)Applications for preliminary subdivisions;
(2)Appeals of administrative decisions on preliminary short
plats;
(3)Site-specific rezones (with final approval by ordinance
of the city council);
(4)Binding site plan approvals subject to public hearing
review;
(5)Conditional use permits subject to public hearing review;
(6)Zoning code variances;
(7)Appeals of administrative decisions and interpretations
relating to MMC Titles 4,12,18,19,and 20;
(8)Appeals of SEPA determinations;
(9)Such other matters as are delegated by ordinance of the
city council.
15.03.060 Building code board of appeals.
The board of appeals shall review and act on the following
subjects:
(1)Appeals of decisions of the building official on the
interpretation or application of the building or fire code;
(2)Disapproval of a permit for failure to meet the Uniform
Building or Fire Codes.
The review criteria for the building code board of appeals
are contained in MMC 16.04.035.
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Section 4.MMC Chapter 15.07 is hereby amended to read
as follows:
Chapter 15.07
PUBLIC NOTICE REQUIREMENTS
Sections:
15.07.010 Notice of development application.
15.07.020 Notice of administrative approvals.
15.07.030 Notice of public hearing.
15.07.040 Notice of appeal hearing.
15.07.050 Notice of decision.
15.07.010 Notice of development application.
(1)Within 14 days of issuing a letter of completeness under
Chapter 15.05 MMC,the city shall issue a notice of
development application.The notice shall include but not be
limited to the following:
(a)The name of the applicant;
(b)Date of application;
(c)The date of the letter of completeness;
(d)The location of the project;
(e)A project description;
(f)The requested approvals,actions,and/or required
studies;
(g) A public comment period not less than 14 nor more
than 30 days.The length of the comment period will be based
on complexity of the project,as determined by the director;
(h)Identification of existing environmental documents;
(i)A city staff contact and phone number;
(j)The date,time,and place of a public hearing if one
has been scheduled;
(k) A statement that the decision on the application
will be made within 120 days of the date of the letter of
completeness.
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(2)The notice of development application shall be posted on
the subject property and published once in a newspaper of
general circulation.
(3)The notice of development application shall be issued
prior to and is not a substitute for required notice of a
public hearing.
(4)A notice of application is not required for the following
actions,when they are categorically exempt from SEPA or
environmental review has been completed:
(a)Application for building permits;
(b)Application for lot line adjustments;
(c)Application for administrative approvals.
15.07.020 Notice of administrative approvals.
Notice of administrative approvals subject to notice under
MMC 15.09.030 shall be made as follows:
(1)Notification of Preliminary Approval.The director shall
notify the adjacent property owners of his intent to grant
approval.Notification shall be made by mail only.
(2)The notice shall include:
(a)A description of the preliminary approval granted,
including any conditions of approval;
(b) A place where further information may be obtained;
(c)A statement that final approval will be granted
unless an appeal requesting a public hearing is filed with
the city clerk within 15 days of the date of the notice.
15.07.030 Notice of public hearing.
Notice of a public hearing for all development applications
and all open record appeals shall be given as follows:
(1)Time of Notices.Except as otherwise required,public
notification of meetings,hearings,and pending actions under
MMC Titles 15 through 20 shall be made by:
(a)Publication at least 10 days before the date of a
public meeting,hearing,or pending action in the official
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newspaper if one has been designated or a newspaper of
general circulation in the city;and
(b)Mailing at least 10 days before the date of a public
meeting,hearing,or pending action to all property owners as
shown on the records of the county assessor and to all street
addresses of properties within 300 feet,not including street
rights-of-way,of the boundaries of the property which is the
subject of the meeting or pending action.A mailing list and
assessor's map showing properties within 300 feet shall be
provided by the applicant;and
(c)Posting at least 10 days before the meeting,
hearing,or pending action in three public places where
ordinances are posted and at least one notice on the subject
property.
(2)Content of Notice.The public notice shall include a
general description of the proposed project,action to be
taken,a nonlegal description of the property or a vicinity
map or sketch,the time,date and place of the public hearing
and the place where further information may be obtained.
(3)Continuations.If for any reason a meeting or hearing on
a pending action cannot be completed on the date set in the
public notice,the meeting or hearing may be continued to a
date certain and no further notice under this section is
required.
15.07.040 Notice of appeal hearing.
In addition to the posting and publication requirements of
MMC 15.07.030,notice of appeal hearings shall be as follows:
(1)For an appeal of administrative approvals,notice shall
be mailed to the applicant,appellant,and adjacent property
owners.
15.07.050 Notice of decision.
A written notice for all final decisions shall be sent to the
applicant and all parties of record.For development
applications subject to hearing examiner review,the notice
shall be the report issued by the hearing examiner.
Section 5.MMC Chapter 15.09 is hereby amended to read
as follows:
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Chapter 15.09
REVIEW AND APPROVAL PROCESS
Sections:
15.09.010 Application review.
15.09.020 Administrative approvals without notice.
15.09.030 Administrative approvals subject to notice.
15.09.040 Hearing examiner decisions.
15.09.050 Procedures for open record hearings.
15.09.060 Reconsideration.
15.09.0070 Final decision.
15.09.010 Application review.
(1) A review process which consolidates different permits is
the standard review process utilized in the city.A single
report,as described in MMC 15.09.040(1),will be prepared
for a development application.During a development
application review,the city will not reconsider fundamental
land use planning decisions which have been made in the
adopted comprehensive plan or development regulations.
(2)A neighborhood meeting is required to be conducted by the
applicant prior to submittal of an application for projects
which,in the discretion of the director,have the potential
to raise significant neighborhood issues.Public notice
shall be given to the affected neighborhood consistent with
MMC 15.07.030 (1)(b)•
(3)During project review,the city shall determine whether
the project is consistent with the following items described
in the applicable plans and regulations:
(a)Type of land use permitted at the site,including
uses that may be allowed under certain circumstances,such as
planned residential developments and conditional uses,if the
criteria for their approval have been satisfied;
(b)Density of residential development in urban growth
areas;
(c)Availability and adequacy of public facilities
identified in the comprehensive plan;and
(d)Development standards.
15.09.020 Administrative approvals without notice.
(1)The director may approve,approve with conditions,or
deny the following without notice:
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(a)Boundary line adjustments;
(b)Extension of time for approval;
(c)Minor amendments or modifications to approved
developments or permits.Minor amendments are those which
may affect the precise dimensions or location of buildings,
accessory structures and driveways,but do not affect:
(i)Overall project character,
(ii)Increase the number of lots,dwelling units,or
density,or
(iii)Decrease the quality or amount of open space;
(d)Home occupations.
(e)Sensitive area management determinations made by the
planning director pursuant to MMC Chapter 19.24.
(f)Bed and breakfast permits.
(g)Accessory dwelling units.
(2)Director's decisions under this section shall be final on
the date issued.
15.09.030 Administrative approvals subject to notice.
(1) The director may grant preliminary approval or approval
with conditions,or may deny the following actions subject to
the notice and appeal requirements of this section:
(a)Short subdivisions;
(b)Shoreline permits for substantial developments;
(c)Conditional use permits;
(d)Binding site plans;
(2)Final Administrative Approvals.Preliminary approvals
under this section shall become final subject to the
following:
(a)If no appeal is submitted,the preliminary approval
becomes final at the expiration of the 15-day notice period.
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(b)If a written notice of appeal is received within the
specified appeal periods the matter will be referred to the
hearing examiner for an open record public hearing.
15.09.040 Hearing examiner decisions.
(1)Staff Report.The director or designee 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 disposition of the development
application.The report shall be prepared at least seven
days prior to the public hearing.
(2)Hearing.The hearing examiner shall conduct an open
record hearing on development proposals for the purpose of
taking testimony,hearing evidence,considering the facts
germane to the proposal,and evaluating the proposal for
consistency with the city's development code,adopted plans
and regulations.Notice of the hearing shall be in
accordance with MMC 15.07.030.
(3)Required Findings.The hearing examiner shall not
approve a proposed development without first making the
following findings and conclusions:
(a)The development is consistent with the comprehensive
plan and meets the requirements and intent of the Marysville
Municipal Code.
(b)The development makes adequate provisions for open
space,environmentally sensitive areas,drainage,streets and
other public ways,transit stops,water supply,sanitary
wastes,public utilities and infrastructure,parks and
recreation facilities,playgrounds,sites for schools and
school grounds.
(c)The development is beneficial to the public health,
safety and welfare and is in the public interest.
(d)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
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made concurrent with the development.For the purpose of
this section,·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.
(e)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.
(4)Decision.Upon approving or disapproving a development
proposal or action,the hearing examiner shall prepare and
adopt a written decision setting forth its findings,
conclusions,recommendations,and effective date of the
decision,as set forth herein and in Chapter 2.70 MMC.
15.09.050 Procedures for open record hearings.
Only one open record hearing is allowed per project.Open
record hearings shall be conducted in accordance with city
ordinance and the hearing examiner's rules of procedure and
shall serve to create or supplement an evidentiary record
upon which the decision shall be based.
15.09.060 Reconsideration.
A party to a public hearing may seek reconsideration only of
a final decision by filing a written request for
reconsideration with the director within fourteen (14)days
of the final written decision.The request shall comply with
MMC 15.11.020(3).The examiner shall consider the request
within seven (7)days of filing the same.The request may be
decided without public 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 examiner may immediately revise and reissue its
decision.Reconsideration should be granted only when a
legal error has occurred or a material factual issue has been
overlooked that would change the previous decision.
15.09.070 Final decision.
(1)Time.The
be made within
completeness.
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final decision on a development proposal
120 days from the date of the letter of
Exceptions to this include:
shall
"
(a)Amendments to the comprehensive plan or development
code.
(b) 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 shall determine whether the information is adequate
to resume the project review.
(c)Substantial project revisions made or requested by
an applicant,in which case the 120 days will be calculated
from the time that the city determines the revised
application to be complete.
(d)All time required for the preparation and review of
an environmental impact statement.
(e)Projects involving the siting of an essential public
facility.
(f)An extension of time mutually agreed upon by the
city and the applicant.
(g)All time required to obtain a variance.
(h) Any reconsideration by the hearing body.
(il All time required for the administrative appeal of a
determination of significance.
(2)Effective Date.The final decision of the councilor
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 councilor hearing body takes action on the
motion,resolution,or ordinance.
Section 6.MMC Chapter 15.11 is hereby amended to read
as follows:
Chapter 15.11
APPEALS
Sections:
15.11.010 Appeal process -General description.
15.11.020 Appeal of administrative interpretations and
approvals.
15.11.030 Judicial appeal.
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15.11.010 Appeal process -General description.
(1)Only a single open record hearing will be held on any
development project permit application.Administrative
decisions are appealable to the hearing examiner.The
hearing examiner will conduct a public hearing in which
public testimony and new information may be presented (open
record hearing).
(2)Appeals of hearing examiner's decisions shall be made to
superior court as provided in MMC 15.11.040 (judicial
appeal).
15.11.020 Appeal of administrative interpretations and
approvals.
(1)Administrative interpretations and administrative
approvals may be appealed by applicants or aggrieved adjacent
property owners to the hearing examiner.Appeals shall be
filed within 14 days of the notice of decision.
(2)Filing.Appeals of administrative interpretations and
administrative approvals shall be filed in writing with the
director within 14 calendar days following the date of the
director's decision and shall be accompanied by the
appropriate filing fee.
(3)Grounds for Appeal.The grounds for reconsideration of a
hearing examiner decision or for filing an appeal of an
administrative decision shall be limited to the following:
(a)The examiner/director exceeded his jurisdiction;
(b)The examiner/director failed to follow the
applicable procedure in reaching his decision;
(c)The examiner/director committed an error of law or
misinterpreted the applicable city regulation,ordinance or
other state law or regulation;
(d)The examiner/director's findings,conclusions and/or
conditions are not supported by the record;and/or
(e)Newly discovered evidence alleged to be material to
the examiner/director's decision which could not reasonably
have been produced prior to the examiner/director's decision.
Requests for reconsideration may use the additional grounds:
(f)Changes to the application proposed by the applicant
in response to deficiencies identified in the decision.
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(4)Contents of Appeal.The notice of appeal shall contain a
concise statement identifying:
(a)A detailed statement of the grounds for appeal,
making reference to each finding,conclusion,or condition
which is alleged to contain error;
(b) A detailed statement of the facts upon which the
appeal is based;
(c)The name and address of the appellant and his
interest(s)in the matter;
(d)The appeals fee.
(5)Within 21 calendar days following timely filing of a
complete appeal with the city,notice of the date,time and
place for hearing examiner consideration shall be mailed to
the appellant,to the examiner,and to all other parties of
record.
(6)All appeal proceedings shall be limited to those issues
expressly raised in a timely written appeal.
(7)The director's decisions which have been timely appealed
shall go to the hearing examiner for consideration within no
sooner than 21 nor longer than 60 days from the date the
appeal was filed.Said appeal shall be conducted as an open
record hearing.Public comment and testimony shall be heard
at such public hearing.
15.11.040 Judicial appeal.
(1)Appeals from the final decision of the hearing examiner,
or other city board or body involving MMC Titles 15 to 20 and
for which all other appeals specifically authorized have been
timely exhausted,shall be made to Snohomish County superior
court pursuant to the Land Use Petition Act,RCW 36.70C
within 21 days of the date the decision or action became
final,unless another applicable appeal process or time
period is established by state law or local ordinance.
(2)Notice of the appeal and any other pleadings required to
be filed with the court shall be served as required by law
within the applicable time period.This requirement is
jurisdictional.
(3)The cost of transcribing and preparing all records
ordered certified by the court or desired by the appellant
for such appeal shall be borne by the appellant.The record
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of the proceedings shall be prepared by the City or such
qualified person as it selects.The appellant shall post
with the city clerk prior to the preparation of any records
an advance fee deposit in the amount specified by the city
clerk.Any overage will be promptly returned to the
appellant.
Section 7.MMC Chapter 20.36 is hereby amended to read
as follows:
Chapter 20.36
APPEALS
Sections:
20.36.010 Preliminary subdivision -Appeals of hearing
examiner decisions.
20.36.020 Short subdivisions -Appeals to hearing
examiner.
20.36.030 Time period stay -Effect of appeal.
20.36.010 Preliminary subdivision -Appeals of hearing
examiner decisions.
All decisions rendered by the hearing examiner on preliminary
subdivisions shall be appealed pursuant to the provisions of
MMC Chapter 15.11.
20.36.020 Short subdivisions -Appeals to hearing examiner.
(1)All appeals of decisions relating to short subdivisions
shall be made to the hearing examiner.Such appeals must be
made in writing and filed with the office of the hearing
examiner within 14 calendar days from the date on which the
preliminary decision was rendered.
(2)The written appeal shall include a detailed explanation
stating the reason for the appeal.The decision of the
hearing examiner shall be final with a right of appeal to
superior court as provided in MMC 15.11.040.
(3)Standing to appeal to the hearing examiner is limited to
the following:
(a)the applicant or owner of the property on which the
short subdivisions proposed;
(b)any aggrieved person who will thereby suffer a
direct and substantial impact from the proposed short
subdivision;and
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(c)RCW 58.17.180 grants standing to property owners
within 300 feet of the subject property.
20.36.030 Time period stay -Effect of appeal.
The filing of an appeal shall stay the running of the time
periods for subdivision and short subdivision approval as are
set forth in this article.(Ord.1986,1994).
Section 8.MMC Chapter 20.64 is hereby amended to read
as follows:
Chapter 20.64
APPEALS
Sections:
20.64.010 Appeals to hearing examiner.
20.64.010 Appeals to hearing examiner.
(1) An appeal of the decision relating to the binding site
plan shall be made to the hearing examiner.Such an appeal
must be made in writing and filed with the office of the
hearing examiner within 14 calendar days from the date on
which the decision was rendered.
(2)The written appeal shall include a detailed explanation
stating the reason for the appeal.The decision of the
hearing examiner shall be final with a right of appeal to
superior court as provided in MMC 15.11.040.
(3)Standing to appeal is limited to the following:
(a)The applicant or owner of the property on which the
binding site plan is proposed;
(b) Any aggrieved person who will thereby suffer a
direct and substantial impact from the proposed binding site
plan;and
(c)RCW 58.17.180 grants standing to property owners
within 300 feet of the subject property.
Section 9.MMC Chapter 20.84 is hereby amended to read
as follows:
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Chapter 20.84
APPEALS
Sections:
20.84.010 Boundary line adjustments -Appeals to hearing
examiner.
20.84.020 Time period stay -Effect of appeal.
20.84.010 Boundary line adjustments -Appeals to hearing
examiner.
(1)All appeals of decisions relating to boundary line
adjustments shall be made to the hearing examiner.Such
appeals must be made in writing and filed with the office of
the hearing examiner within 14 calendar days from the date on
which the decision was rendered.
(2)The written appeal shall include a detailed explanation
stating the reason for the appeal.The decision of the
hearing examiner shall be final with a right of appeal to
superior court as provided in MMC 15.11.040.
(3)Standing to appeal is limited to the following:
(a)The applicant or owner of the property on which the
boundary line adjustment is proposed;
(b)Any aggrieved person will thereby suffer a direct
and substantial impact from the proposed boundary line
adjustment.
20.84.020 Time period stay -Effect of appeal.
The filing of an appeal shall stay the running of the time
periods for boundary line adjustment approval as are set
forth in this title.
Section 10.MMC 19.54.100 is hereby amended to read as
follows:
19.54.100 Continuing jurisdiction.
The hearing examiner shall retain continuing jurisdiction
over all variances and conditional use permits.Upon a
petition being filed by any person with a substantial and
direct interest in a variance or conditional use permit,or
by any public official,alleging that a condition has been
violated or that modifications to the variance or conditional
use permit are necessary,the hearing examiner may call a
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public hearing for the purpose of reviewing that variance or
conditional use permit.Notice of the public hearing shall be
as provided in MMC Title 15.Immediately upon a petition for
review being accepted by the hearing examiner,the planning
director may,for good cause shown,issue a stop work order
to temporarily stay the force and effect of all or any part
of the variance or conditional use permit in question until
such time as the review is finally adjudicated.Following a
hearing the hearing examiner may reaffirm,modify or rescind
all or any part of the variance or conditional use permit
being reviewed.Appeal of the hearing examiner decision
shall be to the superior court pursuant to MMC 15.11.040.
Section 11.MMC 20.12.090 is hereby amended to read as
follows:
20.12.090 Hearing examiner decision -Requirements.
(1)If the hearing examiner finds that appropriate provisions
have been made according to.MMC 20.12.080,then the hearing
examiner may determine that the subdivision be approved.If
the hearing examiner finds that the subdivision does not
conform with the provisions of MMC 20.12.080,and the public
use and interest will not be served,then the hearing
examiner may disapprove the same or return the application to
the applicant for modification and conditions for approval.
(2)Each decision of the hearing examiner shall be in writing
and shall include findings and conclusions based on the
record to support the decision.Each decision of the hearing
examiner shall be rendered within 15 calendar days following
conclusion of all testimony and hearings,unless a longer
period is mutually agreed to by the applicant and the hearing
examiner.
(3)The decision made by the hearing examiner shall be final
with a right of appeal to superior court pursuant to MMC
15.11.040.
PASSED by
this IJ'fl,day
MAYOR
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ATTEST:
By ~~TYCLERK
Approved as to form:
By ~k.-w»<!
7 CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
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