(1)
The Tulalip Tribes Board of Directors and the Planning Commission may initiate and take legislative actions which include the following:
(Res. 2023-382)
(2)
Procedures. Legislative actions are subject to the review procedures and public noticing requirements in TTC § 7.06.050, Permit processing – Content requirements.
(3)
Public Notice. The Planning Department may prescribe additional methods for providing notice and for obtaining public participation.
(4)
Board Initiation.
(a)
Board-initiated legislative actions shall be referred to the Planning Commission and considered and processed as provided in TTC § 7.04.050, Planning Commission, and 7.06.040, Permit type – Review procedures.
(b)
Failure of the Planning Commission to report on matters referred to it within 40 days after the reference, or such longer period as may be designated by the Board when making the reference, shall be deemed to be recommended approval of such matter by the Planning Commission, after which the Board may proceed to act upon the matter pursuant to TTC § 7.06.040, Permit type – Review procedures, as if it had received an actual Planning Commission recommendation of approval.
(5)
Recommendations. Planning Commission recommendations shall be by a recorded motion incorporating findings of fact and expressing the reasons for Commission action and referring expressly to the maps, descriptive, or other matters intended by the Commission to constitute the plan, amendment, alteration, addition, or extension thereto. The indications of approval by the Commission shall be recorded on the map and descriptive matters by the signatures of the Chairperson and Secretary of the Commission.
(6)
Public Hearings. The Planning Commission, or a Hearing Examiner appointed by the Planning Commission, shall hold at least one public hearing, and may hold additional public hearings. The rules of conduct for such public hearing(s) shall be established by the Planning Commission or the appointed Hearing Examiner. A written nonverbatim record of the hearings and the findings, recommendations, orders and conditions established by the Planning Commission shall be made and kept on file at the Tribal office. In addition, the hearing shall be recorded, and the recording preserved and made available for the Board to review in the event of an appeal.
(7)
Submittal to Board. A copy of the recommended decision of the Planning Commission shall be submitted to the Board of Directors and be accompanied by the motion of the Commission approving the same, together with a statement setting forth the factors considered at the hearing, and an analysis of findings considered by the Commission to be controlling.
(8)
Board Approval at Regular or Special Meeting. Upon receipt of the Planning Commission’s recommendation, the Board of Directors may, at a regular or special meeting, approve, adopt and certify such recommendation by ordinance.
(9)
Board Hearing. In the event the Board of Directors sees fit to amend, alter or change the recommendation of the Planning Commission, the Board shall hold at least one public hearing on the proposal as amended, altered or changed, and shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by it to be controlling.
(10)
Submittal Requirements. The Board of Directors shall have the authority to require submittal of such information as deemed necessary for evaluation of the legislative action.
(11)
Conduct of Hearings. The rules of conduct of hearings before the Board shall be established by the Board of Directors. A written nonverbatim record of the hearings and the findings, recommendations, orders and conditions established by the Planning Commission and Board of Directors shall be made and kept on file at the Tribal office. In addition, the hearing shall be recorded, and the recording preserved and made available for the Board to review in the event of an appeal.
(12)
Conditions and Mitigation. The Board of Directors may set forth conditions and mitigation requirements consistent with this title and the text, goals, policies, and objectives of the Comprehensive Plan. The Board of Directors shall have the authority to condition, require mitigation including impact fees, or deny a subdivision and rezone request based on significant adverse impacts to the natural or built environment.
(13)
Form and Finality of Board Decision. The final decision and certification of the Board of Directors approving or denying legislative actions shall be by ordinance. Upon issuance of the Board decision, copies of the decision shall be mailed promptly to the applicant and any parties of record. The decision of the Board shall be final and conclusive.
(14)
Amendments to the Zoning Map. Amendments to the Tulalip Official Zoning Controls Map, Tulalip Indian Reservation, or adoption of additional zone maps, shall be made as official control amendments, requiring approval by the Board. Such amendments, changes or additions shall be entered and certified upon the Tulalip Official Zoning Controls Map, Tulalip Indian Reservation, promptly after approval.
(Res. 2023-382)