A. 
The purpose of this chapter is to describe the development review process for project applications submitted under MCMC Titles 14 to 18. This chapter does not describe the exclusive or only means or methods of development review, and if other review processes are applicable or appropriate, such processes shall be used by the decision body.
B. 
It is further the purpose of this chapter to describe general procedures to be used for public hearings, closed record hearings, and final decisions on development proposals; provided, that the decision body may modify such general procedures as necessary or appropriate to meet the need under the circumstances and provide a fair opportunity for the parties to any quasi-judicial action to be heard.
C. 
It is not the purpose of this chapter to change, restrict, or interfere with the exercise of legislative authority. However, a decision body may refer to any portion of this chapter at its discretion.
(Ord. 2005-609 § 2; Ord. 2011-725 § 8)
A. 
Scope. The director shall review and decide the following matters pursuant to applicable criteria without the need for public notice:
1. 
Lot line adjustments.
2. 
Extensions of time for administrative actions or applicant submissions.
3. 
Minor amendments or modifications to approved developments or permits. For purposes of this subsection, minor amendments are those that may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not: (a) negatively affect the overall project character, (b) increase the number of dwelling units, or intensity of use, or (c) decrease the quality or amount of required landscaping or open space.
4. 
Group A home occupations.
5. 
Yard requirements set forth in MCMC § 17.22.030.
6. 
Joint parking facilities and related agreements under MCMC § 17.27.090(B).
7. 
Administrative interpretations permitted or required in the administration or enforcement of the development code.
8. 
Administrative decisions permitted or required under the development code.
B. 
Decisions. The director may issue, approve, approve with conditions, or deny any of the foregoing matters based on his evaluation and assessment in light of the applicable review criteria or development code provisions. Upon completing the review specified above, the director shall issue a decision in accordance with the applicable provisions of MCMC § 14.09.080. Decisions under this section shall be final for all purposes, including appeal, on the date issued.
C. 
Appeal. Appeals of final decisions under this section shall be made to the examiner in accordance with Chapter 14.11 MCMC.
(Ord. 2005-609 § 2; Ord. 2010-718 § 10 (Exh. J); Ord. 2011-736 § 1; Ord. 2025-933 § 2 (Exh. A))
A. 
Scope. The director shall review and decide the following matters pursuant to applicable criteria:
1. 
Group B home occupations.
2. 
Short subdivisions.
3. 
Conditional use permits except conditional use permits for city parks.
4. 
Reasonable use exceptions under MCMC § 18.06.430, if not associated with a land development permit application subject to hearing examiner review. Reasonable use exceptions associated with land development permit applications that are subject to hearing examiner review shall be decided by the hearing examiner per MCMC § 14.03.080(A)(5).
5. 
Family home child care, in accordance with MCMC § 14.07.020.
6. 
Critical areas alteration permits under MCMC § 18.06.550.
B. 
Preliminary Decisions. The director may issue, approve, approve with conditions, or deny any of the foregoing matters based on his evaluation and assessment in light of the applicable review criteria and development code provisions. Upon completing the review specified above, the director shall issue a preliminary decision in accordance with the applicable provisions of MCMC § 14.09.080 and shall give notice of that decision to the adjoining property owners in accordance with MCMC § 14.07.020.
C. 
Final Decisions and Appeal. A preliminary decision shall become the final decision as of the date of issuance unless a timely appeal is made to the examiner in accordance with Chapter 14.11 MCMC.
D. 
SEPA Threshold Decisions. The responsible official shall issue threshold decisions in accordance with Chapter 18.04 MCMC. Such decisions shall become the final decision unless a timely appeal is filed in accordance with Chapters 14.11 and 18.04 MCMC.
(Ord. 2005-609 § 2; Ord. 2010-717 § 2 (Exh. B); Ord. 2010-718 § 10 (Exh. J); Ord. 2013-762 § 3; Ord. 2014-776 § 1)
The hearing examiner shall hear and decide the matters specified in Chapters 4.34 and 14.03 MCMC in accordance with the provisions of this code and the examiner’s rules of procedure. In the event of an irreconcilable procedural conflict between the examiner’s rules of conduct for hearings and the city code, the examiner’s rules shall be given precedence. In all other respects the city code shall take precedence.
(Ord. 2018-830 § 8)
A. 
Legislative Actions. When proposing or reviewing legislative actions, the planning commission shall hold such required public hearings and/or meetings as specified by statute, and may in addition hold such other hearings, meetings, workshops or other events as it determines necessary or desirable or as directed by the city council. Recommendations of the planning commission shall be based on its evaluation of the proposal in light of the evidentiary record, applicable law and review criteria. Recommendations shall be made in accordance with the applicable portions of MCMC § 14.09.080.
(Ord. 2005-609 § 2; Ord. 2010-718 § 10 (Exh. J))
A. 
Legislative Actions. The city council may consider and decide legislative matters as it deems necessary or appropriate, including legislative recommendations from the planning commission, park and recreation board, and any other board or commission, and any other matter requiring the city council's legislative attention.
B. 
Closed Record Administrative Appeals. The city council shall hear and decide closed record appeals of hearing examiner decisions on:
1. 
Preliminary plats and binding site plans.
2. 
Major amendments or modifications to approved plats or binding site plans.
3. 
Conditional use permits for city parks.
C. 
Other Administrative Appeals. For any other quasi-judicial administrative appeals to the city council specified by the code, the city council may (1) delegate the matter to the examiner or other appropriate city entity for hearing, recommendation and/or decision, all as specified by the city council's delegating resolution, or (2) conduct a hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the appeal, and evaluating the appeal for consistency with the applicable review criteria and the city's development code, adopted plans and regulations. Public notice of the hearing, if any, shall be given in accordance with Chapter 14.07 MCMC; provided, that the parties to the appeal shall receive written notice not less than 10 days before the hearing. The hearing shall be conducted in accordance with MCMC § 14.09.050. The final decision shall be issued in accordance with MCMC § 14.09.080.
D. 
Actions. City council decisions on quasijudicial matters may include one or more of the following actions as appropriate:
1. 
Grant or deny the appeal in whole or in part.
2. 
Approve with added, altered, or deleted conditions.
3. 
Modify a development proposal, with or without the applicant's concurrence; provided, that the modifications do not:
a. 
Enlarge the area or scope of the project;
b. 
Increase the density of the project or proposed building sizes;
c. 
Significantly increase probable adverse environmental impacts as determined by the responsible official.
4. 
Deny without prejudice (reapplication or resubmittal is permitted).
5. 
Deny with prejudice (reapplication or resubmittal is not allowed for one year).
6. 
Remand for further proceedings and/or evidentiary hearing in accordance with MCMC § 14.09.070.
(Ord. 2005-609 § 2; Ord. 2010-718 § 10 (Exh. J))
The design review board shall conduct required meetings on matters within the board's jurisdiction for the purpose of taking testimony, hearing evidence, considering the facts germane to the matter, and evaluating the matter for consistency with the applicable review criteria and the city's development code, adopted plans and regulations. Public notice of the meeting shall be given in accordance with Chapter 14.07 MCMC, if applicable; provided, that the parties to the meeting shall receive written notice not less than 10 days prior to the meeting. Hearings, if any, shall be conducted in accordance with MCMC § 14.09.050. The final decision shall be issued in accordance with Chapters 2.24 and 17.34 MCMC, and the applicable provisions of MCMC § 14.09.080. Appeals may be taken from a final decision to the examiner in accordance with Chapter 14.11 MCMC.
(Ord. 2005-609 § 2; Ord. 2010-718 § 10 (Exh. J))
A. 
Public hearings shall be conducted in accordance with the hearing body's rules of procedure (if any) and shall serve to create or supplement an evidentiary record upon which the hearing body will base its decision or recommendation.
B. 
In the absence of adopted procedural rules to the contrary, the chair of the hearing body shall preside at the hearing, control the course of the hearing, and make procedural decisions with the advice and consent of the hearing body. The hearing body may at any time act under Robert's Rules of Order, which shall be the applicable rules of procedure if the hearing body cannot otherwise agree on procedural matters.
C. 
Public hearings shall be conducted in a manner that gives the parties thereto a fair opportunity to be heard on the matter at hand and commensurate with the issues presented; provided, that the chair may set time or other limits on the presentation of evidence, testimony and/or argument, and shall conduct the hearing in a manner that is efficient and respectful of the time of all the participants.
D. 
In the event that a public hearing also includes a related appeal of the underlying action, the hearing body may hear the matters concurrently or consecutively, but in either case the complete hearing shall comprise the consolidated open record hearing required for development proposal.
E. 
The chair shall open the public hearing when appropriate and, in general, observe the following sequence of events:
1. 
Introduction by the chair, during which the chair shall identify the purpose of the hearing and subject matter, determine if there are any conflicts involving the hearing body, and state the general rules of procedure for the hearing.
2. 
Staff presentation, including submittal of the staff report, other administrative reports, and evidence and testimony. Members of the hearing body may ask questions of the staff to elicit and/or clarify pertinent information.
3. 
Applicant presentation, including submittal of any reports or other relevant materials. Members of the hearing body may ask questions of the applicant to elicit and/or clarify pertinent information.
4. 
Testimony or comments by the public germane to the matter at hand. Questions directed to the staff or the applicant by the public shall be posed and/or answered by the chair at its discretion.
5. 
Rebuttal, response or clarifying statements by the staff and the applicant. Members of the hearing body may ask questions to elicit and/or clarify pertinent information.
6. 
The evidentiary portion of the public hearing shall be closed.
7. 
The hearing body shall confer and deliberate on the matter before it, and may ask further questions or solicit argument to clarify pertinent issues or existing information. The hearing body shall have the authority to reopen the evidentiary portion of the hearing only for good cause, upon appropriate notice, and provided that no final decision or recommendation has been issued.
8. 
Upon conclusion of its review and evaluation, the hearing body shall issue a decision and/or recommendation as appropriate. Final decisions shall be made in accordance with MCMC § 14.09.080. Upon adoption of the final decision and/or recommendation, the public hearing shall be closed.
F. 
Notice of the public hearing shall be given in accordance with Chapter 14.07 MCMC. Public hearings may be continued to a date and time certain by the hearing body by announcement during the public hearing or by issuing additional notice thereof.
G. 
The city clerk or other city staff as appropriate shall make a record of the persons who testify during the hearing, a tape recording of the hearing, and a log of the reports, studies, and all other documents or tangible items submitted to the hearing body during the hearing. The city clerk shall maintain a complete set of all documents listed in such log.
(Ord. 2005-609 § 2)
A. 
Closed record appeals and closed record hearings shall be conducted in accordance with the hearing body's rules of procedure (if any) and shall provide argument and guidance to the body for purposes of deciding the matter and issuing a final decision.
B. 
Closed record appeals and closed record hearings shall be conducted generally as provided for public hearings in MCMC § 14.09.050; provided, that the chair may modify the proceedings as appropriate to reflect the fact that the matter is an appeal. The chair may establish procedures in advance of the closed record hearing to facilitate the appeal, including briefing schedules, time limits, and separation of appeal issues and argument from open record hearing issues.
C. 
No new evidence or testimony shall be given or received at a closed record appeal or closed record hearing unless it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:
1. 
The proper constitution or jurisdiction of the body or disqualification grounds pertaining to a decision maker; or
2. 
The use of unlawful procedure.
D. 
Deliberations and final decisions shall be made in the manner specified in MCMC § 14.09.050.
(Ord. 2005-609 § 2)
A. 
Only a body having final decision authority shall have the power to remand a matter to an inferior official or body.
B. 
Remand may be ordered whenever it is determined that the public hearing record or record on appeal is inadequate or insufficient to enable a final decision on the merits of a proposal, or when such record is otherwise flawed. The order of remand shall specify the issue(s) remanded, the reason for the remand, the deficiencies to be addressed, and the time frame for completing the remand.
C. 
Upon return of a remanded matter to the remanding body, the body may allow additional open or closed record proceedings as appropriate, and shall complete its deliberations and render a decision.
(Ord. 2005-609 § 2)
A. 
Procedure. Final decisions shall be issued in writing if they are made by the examiner or administrative staff, or if made by a multimember body, shall be made by motion, resolution or ordinance at the conclusion of the body's deliberations and consideration. The decision body may make a preliminary decision or recommendation with direction to the staff to prepare appropriate findings and conclusions for formal adoption by the body.
B. 
Content. Final decisions should contain the following:
1. 
Findings and conclusions addressing the facts of the proposal;
2. 
An evaluation of the proposal in light of applicable law and review criteria;
3. 
Conditions, limitations, restrictions and/or allowances applicable to the proposal;
4. 
The final decision as to the proposal;
5. 
The effective date of the decision; and
6. 
A statement of appeal rights.
C. 
Effective Date. Final decisions on development proposals shall be effective on the date stated in the decision, motion, resolution, or ordinance.
(Ord. 2005-609 § 2; Ord. 2010-718 § 10 (Exh. J); Ord. 2024-928 § 2 (Exh. A))
A. 
The time periods for issuing a final decision on development proposals must not exceed the following time periods:
1. 
For development proposals which do not require public notice, a final decision must be issued within 65 days of the determination of completeness under MCMC § 14.05.040.
2. 
For development proposals which require public notice, a final decision must be issued within 100 days of the determination of completeness under MCMC § 14.05.040.
3. 
For development proposals which require public notice and a public hearing, a final decision must be issued within 170 days of the determination of completeness under MCMC § 14.05.040.
B. 
Method of Calculation. The number of days an application is in review is calculated from the day completeness is determined under MCMC § 14.05.040 to the date a final decision is issued on the development proposal. The number of days is calculated by counting every calendar day and excluding the following time periods:
1. 
Any period between the day that the director has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant;
2. 
Any period after an applicant informs the director, in writing, that they would like to temporarily suspend review of the development proposal until the time that the applicant notifies the director, in writing, that they would like to resume the application; and
3. 
Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
C. 
Substantial Revisions. The time period for processing a development proposal will start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use as required under MCMC § 14.05.040.
D. 
Suspended Applications and Nonresponsiveness. If, at any time, an applicant informs the director, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the director has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for issuing a final decision. Any written notice from the director to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purposes of this subsection, “nonresponsiveness” means that an applicant is not making demonstrable progress on providing additional requested information, or that there is no ongoing communication from the applicant to the director on the applicant’s ability or willingness to provide the additional information.
E. 
Exceptions. Annual amendments to the comprehensive plan are not subject to the requirements of this section.
(Ord. 2024-928 § 2 (Exh. A))
A. 
Reconsideration is only available to a party of record and only following a quasi-judicial public hearing, closed record hearing or closed record appeal. A party of record may seek reconsideration only of a final decision. A written request for reconsideration shall be filed with the city clerk within five business days of the action approving the final decision. The request shall otherwise comply with Chapter 14.11 MCMC.
B. 
A timely and complete reconsideration request shall be considered at the next regular meeting of the decision body to whom it is directed. The request shall be decided without public comment or argument unless the decision body decides otherwise. Reconsideration should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision.
C. 
If the reconsideration request is denied, the previous decision shall remain the final decision. If the reconsideration request is granted, the decision body may immediately revise and/or reissue its final decision or may call for further proceedings or argument at its discretion.
D. 
A request for reconsideration shall toll the time period for appeal as specified in MCMC § 14.11.030(C).
(Ord. 2005-609 § 2; Ord. 2011-725 § 9)