The applicant shall complete the appropriate application form and submit application and fee to the administrator. The application form will establish the necessary information. Fees shall be set by resolution.
(Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007)
A. 
Within 28 days of submittal, the administrator shall:
1. 
Send the applicant either a determination of completeness or a notice as to what additional information is required to complete the application; and
2. 
Advise the applicant of other agencies that may have jurisdiction over the proposal.
B. 
Within 14 days of submittal of additional information as required above, the administrator shall send the applicant either a determination of completeness or another notice as to what additional information is required to complete the application.
(Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007)
Within 14 days of determination of completeness of an application, the administrator shall perform the actions in subsections A through D of this section.
A. 
Perform a threshold determination regarding the proposal in accordance with Chapter 197-11 WAC, Part Three.
B. 
Determine on what date the notice of application will be published.
C. 
Schedule a hearing before the hearing examiner for a date between 15 and 30 days after the publication of notice of application, except that if a determination of significance (DS) has been issued, the hearing may be scheduled and publicized later to allow time to prepare the draft environmental impact statement (DEIS).
D. 
Publish a notice of application/hearing in accordance with EMC § 15.30.030.
1. 
The "notice of application/hearing" shall include the information required in RCW 36.70B.110(2).
2. 
The public comment period shall be 15 to 30 days.
3. 
If a determination of significance (DS) has been issued, the "notice of application/hearing" shall incorporate the DS and scoping notice.
4. 
If a DS has been issued, and other agencies share jurisdiction over the proposal, they shall also be sent the "notice of application/hearing/DS/scoping."
5. 
If WAC 197-11-340(2) applies (that is, city cannot take final action until 15 days after issuing a determination of nonsignificance, or DNS), the administrator shall also send the "notice of application/hearing/DNS" and environmental checklist to the agencies listed in WAC 197-11-340(2). If timely comments are received, the administrator shall reconsider the DNS in accordance with WAC 197-11-340(2)(f) and (3).
(Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007)
The administrator shall forward to the hearing examiner:
A. 
The results of the proposal's environmental review, including copies of the draft and final EIS, if applicable;
B. 
The design review board's finding of conformance or nonconformance, if applicable; and
C. 
Staff report containing all pertinent background information.
(Formerly 15.22.060; Ord. 2367 § 4, 2007; Ord. 2815 § 2 (Exh. B), 2025)
The hearing examiner shall hold the hearing, which may be combined with that of another agency with jurisdiction. The hearing examiner shall also review the administrator's finding of conformance or nonconformance, if applicable.
(Formerly 15.22.070; Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007; Ord. 2815 § 2 (Exh. B), 2025)
The hearing examiner shall prepare written findings referencing the applicable permit criteria. If the proposal underwent design review, the findings shall include either the administrator's finding of (non)conformance or an alternative finding referencing the design regulations.
(Formerly 15.22.080; Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007; Ord. 2815 § 2 (Exh. B), 2025)
The hearing examiner shall decide on the proposal in accordance with his or her findings. The decision shall be early enough to allow the administrator to comply with EMC § 15.22.100 regarding notice of decision.
(Formerly 15.22.090; Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007; Ord. 2815 § 2 (Exh. B), 2025)
A. 
Within 120 days of the determination of completion, the administrator shall issue a notice of decision.
B. 
The rules embodied in RCW 36.70B.090 shall constitute exceptions to this 120-day deadline.
C. 
The notice of decision shall be published in accordance with EMC § 15.30.030.
(Formerly 15.22.100; Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007; Ord. 2815 § 2 (Exh. B), 2025)
A. 
Any decision of the hearing examiner may be appealed to the city council as a closed record appeal in accordance with the following:
1. 
Except as otherwise provided herein, all notices of appeal to the city council shall be filed with the city clerk. Except as otherwise provided herein, all notices of appeal, together with the required appeal fee, shall be filed within 21 calendar days from the date of issuance of the decision being appealed.
2. 
Notices of appeal of any recommendation to deny vacation of a city street shall be filed, along with the required appeal fee, with the city clerk within 21 days of the written issuance of such recommendations of denial.
3. 
City department staff shall:
a. 
Be available within a reasonable time to persons wishing to file a notice of appeal subsequent to a city department ruling, and to respond to queries concerning the facts and process of the city decision; and
b. 
Make available within a reasonable time a complete set of files detailing the facts of the department ruling in question to persons wishing to file a notice of appeal, subsequent to a city department ruling. If a department is unable to comply with these provisions, the hearing examiner may authorize amendments to a notice of appeal to reflect information not made available to an appellant within a reasonable time due to a failure by a city department to meet the foregoing requirements. The statement of appeal required as part of the notice of appeal shall identify the decision being appealed and the alleged errors in that decision. Further, the statement of appeal shall state specific reasons why the decision should be reversed or modified; and the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based principally on matters or issues raised in the statement of appeal. Failure to timely file a notice of appeal, or appeal fee, deprives the hearing examiner of jurisdiction to consider the appeal.
B. 
Variances may not be administratively appealed. Judicial review of variances is available pursuant to RCW 36.70C.040.
(Formerly 15.22.110; Ord. 2316 § 2 (Exh. A), 2006; Ord. 2367 § 4, 2007; Ord. 2815 § 2 (Exh. B), 2025)