No more than one open record hearing shall be heard on any land use application. The appeal hearing on SEPA threshold determination of nonsignificance shall be consolidated with any open record hearing on the project permit.
(Ord. 2811 § 2 (Exh. 1), 2022)
Public hearings shall be conducted in accordance with the hearing body's rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The Chair shall open the public hearing and, in general, observe the following sequence of events:
A. 
Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
B. 
Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.
C. 
Testimony or comments by the public germane to the matter. Members of the hearing body may ask questions. Questions directed to the staff or the applicant shall be posed by the Chair at its discretion.
D. 
Rebuttal, response or clarifying statements by the staff and the applicant.
E. 
The evidentiary portion of the public hearing shall be closed before the hearing body shall deliberate on the matter before it.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
The hearing body shall consider and base its recommendations or decision on any permit action coming before it on the following factors:
1. 
Type of land use;
2. 
The density or intensity of use;
3. 
The availability and adequacy of public facilities;
4. 
Compliance with specific development and Comprehensive Plan standards;
5. 
That the environmental impacts are consistent with applicable development regulations or, in the absence of applicable regulations, the adopted Comprehensive Plan; and
6. 
Other factors relevant to the proposal, e.g., previous approvals, Engineering Details and Specifications, other City codes, regulations and standards.
B. 
In the evaluation of any Type A, B or C permit action, the Hearing Examiner shall not approve or deny a proposed development unless it first makes findings of fact and conclusions of law consistent with the evidence and determination made. The findings of fact and conclusions of law shall address:
1. 
The development is consistent or is not consistent with Comprehensive Plan goals and policies.
2. 
The development meets or does not meet the requirements and intent of the applicable City ordinances.
3. 
The development makes or does not make 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 as applicable.
4. 
The development adequately mitigates or does not adequately mitigate impacts identified under the Critical Area Ordinance and SEPA determination.
5. 
The development is or is not beneficial to the public health, safety and welfare and is in the public interest.
6. 
The development does or 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 to meet or exceed the minimum standard are made concurrent with the development. For the purpose of this section, "concurrent with the development" is defined as the required improvements or strategies are 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.
7. 
The area, location and features of any 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.
8. 
The development satisfactorily addresses or does not satisfactorily address criteria for review and consideration set forth in subsection A of this section as applicable.
C. 
Following review of a development proposal or action, the hearing body shall make written findings of fact and conclusions of law and shall make a determination to approve, approve with conditions or deny the development proposal or action.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
Actions. Upon receiving an application or report from City staff on a proposal or action, the Hearing Examiner shall hold an open record public hearing.
B. 
Required Findings of Fact and Conclusions of Law. The Hearing Examiner shall make findings of fact and conclusions of law on applications or proposals before him/her. The findings of fact and conclusions of law shall be consistent with MTMC § 2.120.110 and § 18.05.185.
C. 
Closed Record Appeals. Upon receiving a request to appeal a decision by City staff, the Hearing Examiner shall hold a closed record public hearing and may remand or overturn the staff decision if it is not consistent with City codes, regulations, and standards.
(Ord. 2811 § 2 (Exh. 1), 2022)
A. 
Actions. Upon receiving a recommendation from the Planning Commission or notice of any other matter requiring the Council's attention, the Council shall perform the following actions as appropriate:
1. 
Hold an open record public hearing and make a determination on the Planning Commission recommendation.
2. 
Hold a closed record appeal and make a decision.
B. 
Required Findings and Conclusions. The City Council shall make findings of fact and conclusions of law on applications and/or consider any Planning Commission or Hearing Examiner report on those applications. The findings of fact and conclusions of law shall be consistent with MTMC § 18.05.185. The City Council may accept, reject, or modify the findings of fact and conclusions of law.
C. 
Decisions. The City Council shall make its decision by motion, resolution, or ordinance as appropriate.
1. 
A Council decision based on a report filed by the Planning Commission or Hearing Examiner with recommendations, or following a public hearing on a proposal or action, shall be made by taking 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.
2. 
A Council decision following a closed record appeal shall be made by taking one of the following actions:
a. 
Grant the appeal in whole or in part.
b. 
Deny the appeal in whole or in part.
c. 
Remand for further proceedings and/or evidentiary hearing.
(Ord. 2811 § 2 (Exh. 1), 2022)