19.09.050 Type III quasi-judicial review of applications.
(1) Type III quasi-judicial review shall be used when the development or use proposed under the application requires a public hearing before a hearing body which will generally be the hearing examiner. This type of review includes, but is not limited to, the following:
(a) Administrative appeals, including those relating to Chapter 43.21C RCW;
(b) Preliminary subdivisions;
(c) Plat alterations and/or vacations;
(d) Conditional use permits;
(e) Planned developments;
(f) Variances;
(g) Rezones which are not of general applicability; and
(h) Other similar development permit applications.
(2) The review procedure under Type III quasi-judicial review includes the following:
(a) A Type III quasi-judicial review process requires an open record public hearing before the appropriate hearing body which is generally the hearing examiner.
(b) The public hearing shall be held after the completion of the public comment period and the comment period required by SEPA, if applicable.
(c) At least 10 days before the date of a public hearing, the city shall issue public notice of the date, time, location and purpose of the hearing, pursuant to ECMC 16.05.100.
(d) At least seven days before the date of the public hearing, the city shall issue a written staff report, integrating the SEPA review and threshold determination and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation to the applicant or the applicant’s designated representative. The city shall make available a copy of the staff report, subject to payment of a reasonable charge, to other parties who request it.
(e) Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing body. Lacking any adopted hearing procedures, the provisions of ECMC 19.09.070 shall be used to conduct the public hearing. A public hearing shall be recorded on either audio or audio-visual tape.
(f) Within 10 working days after the date the public record closes, the hearing body shall issue a written decision regarding the application(s).
(g) The hearing body may approve, approve with conditions or deny the application and shall mail the notice of its decision to the city, applicant, the applicant’s designated representative, the property owner(s), and any other parties of record. The decision shall be issued pursuant to ECMC 19.09.090, Notice of final decision. (Ord. 436 § 1, 2010)