19.09.060 Legislative review of applications.
(1) Legislative review is used when the proposed development involves the creation, implementation or amendment of city policy or law. Projects reviewed through this process are not subject to the requirements of Chapter 19.07 ECMC. This type of review includes, but is not limited to, comprehensive plan, subarea plan, zoning and/or development code reviews, amendments and updates.
(2) Legislative review may include any or all of the following as is appropriate under the circumstances:
(a) Legislative review generally requires at least one public hearing before the planning commission, one public meeting before the city council, and in most instances will involve at least one public hearing before the city council.
(b) When an application by a private individual is part of the proposed legislative action, the application shall contain all information and material requirements, including the appropriate fee(s), required by the appropriate application form and any formal preapplication meeting.
(c) At least 10 days before the date of the first planning commission hearing the city shall issue public notice of the date, time, location and purpose of the hearing pursuant to ECMC 19.07.090. The notice shall include notice of the SEPA threshold determination issued by the city.
(d) At least seven days prior to the 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 and planning commission members. The city shall make available a copy of the staff report, subject to a reasonable charge, to other persons who request it.
(e) Following the public hearing of the planning commission, in accordance with Chapter 35A.63 RCW, a recommendation of the planning commission shall be forwarded to the city council at the next regularly scheduled meeting. Upon receiving the recommendation from the planning commission, the city council shall set a public meeting to consider the proposal, at which they may either accept or reject the recommendation.
(f) The council must hold a public hearing to consider any changes to the recommendation of the planning commission. The council may approve, approve with conditions, deny or remand the proposal back to the planning commission for further review after such public hearing.
(g) In the event the city council determines that the public hearing record of the planning commission is insufficient or otherwise flawed, the council may remand the matter back to the planning commission to correct the deficiencies. The council shall specify the items or issues to be considered and the time frame for completing the additional work.
(h) The final decision of the council shall be by ordinance, resolution or motion, as appropriate. Where the final decision of the council is made by motion, it shall be in writing and shall include those items described in ECMC 19.09.090. (Ord. 436 § 1, 2010)