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A. The applicant for a site-specific rezone shall submit an application and any required fees to the department. The application shall not be deemed filed until the department has determined that the application is complete and all required fees have been paid.

B. The department shall provide a copy of the application to the SEPA responsible official within five (5) working days of the determination that the application is complete. SEPA review shall then be conducted as provided by Chapter 14.04. A SEPA determination should be issued within sixty (60) days of the determination that a complete application has been filed.

C. The department shall schedule a hearing on the application before the hearing examiner as provided in Chapter 2.30. Notice of the public hearing shall be as provided in Section 17.64.080.

D. The hearing examiner shall conduct a public hearing on the application as provided in Chapter 2.30.

E. The hearing examiner shall decide the application based on the decision criteria in Section 17.64.060 after conclusion of the open record public hearing.

F. The hearing examiner may condition the proposal or may adopt a more restrictive zoning district than requested in the application. If the hearing examiner considers placing modifications on an application to such an extent that it results in a proposal dissimilar from the description of the proposal contained in the hearing notice, the hearing examiner shall hold a new hearing on the modified proposal before approving the application. Notice of this public hearing shall be provided as required by Section 17.64.080.

G. The hearing examiner shall follow the procedure established by Chapter 2.30 in conducting the hearing and issuing a decision.

H. The hearing examiner’s decision should be issued within one hundred twenty (120) days from the date of the determination that the application is complete in accordance with RCW 36.70B.070. If the hearing examiner is unable to issue a final decision within the time limits provided for in this section, written notice of this fact shall be provided to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for final action on the application. The exceptions to the one-hundred-twenty (120) day time limit stated in Section 17.52.100 shall also apply, as appropriate, to rezone applications.

I. The applicant or any other party authorized to conduct activities or uses by the decision may commence activity or obtain other required approvals authorized by the decision of the hearing examiner on the application seven (7) days following the effective date of the hearing examiner’s decision. Activity commenced before the expiration of the full appeal period provided in Section 17.64.110 is at the sole risk of the applicant or other party undertaking the activity.

J. The decision of the hearing examiner on the application is the final decision of the city and may be appealed to the superior court as provided in Section 2.30.130.

Prior to the adoption of 6367 on 09/22/2004, Section 17.64.050 read as follows.

A. The applicant shall submit an application and any required fees to the department.

1. The department shall review the application and determine if it is complete. The application shall not be deemed filed until the application is complete and all required fees have been paid.

2. The department may establish deadlines for applications. Deadlines shall not be established more than thirty (30) days before planning commission meeting dates.

3. The planning commission may limit the number of applications to be considered at a meeting as part of the commission's rules of procedure.

B. Within five working days of the filing of the application, the department shall provide a copy of the application to the SEPA responsible official. SEPA review shall then be conducted as provided by Chapter 14.04.

C. After a SEPA exemption, SEPA determination of nonsignificance, or SEPA final environmental impact statement is issued for an application, the department shall schedule a public hearing for the next planning commission meeting where the application can be accommodated and notice given, and provide notice of the hearing on the application as provided in Section 17.64.080.

D. The planning commission shall conduct a public hearing on the application. The hearing shall be conducted as provided in Section 17.64.090. At the hearing, members of the planning commission may request such additional information as is reasonably necessary to evaluate the application.

E. After the public hearing has concluded, the planning commission shall make a recommendation on the application.

1. The decision may be made at the same public meeting as the public hearing or at another public meeting. The planning commission shall make a recommendation within thirty-five (35) days of the public hearing date.

2. The recommendation shall be based on the decision criteria in Section 17.64.060.

3. The planning commission may recommend conditions on the proposal or may recommend adoption of a more restrictive zoning district than requested in the application.

4. The planning commission shall adopt findings of fact and conclusions which support the recommendation.

5. The planning commission recommendation shall not be reconsidered by the planning commission, except as a new application. See Section 17.64.100 for time limits for new applications.

F. The department shall transmit in writing the recommendation and the findings of fact and conclusions of the planning commission to the city council within fifteen (15) days of the date the recommendation was decided.

G. At the meeting the planning commission recommendation is received, the city council shall set a date for a public hearing on the application and recommendation. The department shall give notice of the hearing following the requirements of Section 17.64.080.

H. The city council shall conduct a public hearing on the application. The hearing shall be conducted as provided in Section 17.64.090. At the hearing, members of the city council may request such additional information as is reasonably necessary to evaluate the application.

I. After conclusion of the public hearing, the city council shall decide the application.

1. The decision may be made at the same public meeting as the public hearing or at another public meeting. The city council shall vote on the application within thirty-five (35) days of the initial public hearing date unless the applicant and any adverse parties agree in writing to an extension of time.

2. The decision shall be based on the decision criteria in Section 17.64.060.

3. The city council may condition the proposal or may adopt a more restrictive zoning district than requested in the application.

4. If the city council considers placing modifications on an application to such an extent that it results in a proposal dissimilar from the description of the proposal contained in the hearing notice, the city council shall hold a new hearing on the modified proposal before approving the application. Notice of this public hearing shall be provided as required by Section 17.64.080.

5. The city council shall adopt findings of fact and conclusions which support the decision.

6. If the city council approves the application as presented, approves with conditions, or approves with a more restrictive zoning district than requested, such action shall be by ordinance. Any conditions shall be included in the ordinance.

J. The decision of the city council and the findings of fact and conclusions shall be reduced to writing and mailed to the applicant within seven days of the effective date of adoption of the ordinance.

K. The applicant or any other party authorized to conduct activities or uses by the decision may commence activity or obtain other required approvals authorized by the decision of the city council on the application seven days following the effective date of the ordinance. Activity commenced before the expiration of the full appeal period provided in Section 17.64.110 is at the sole risk of the applicant or other party undertaking the activity.

L. The decision of the city council on the application is the final decision of the city and shall not be reconsidered except as a new application. See Section 17.64.100 for time limits for new applications.Nailed

M. The decision of the city council on the application may be appealed to the superior court as provided in Section 17.64.110. (Prior code § 11.021.050)

(Ord. 6592 § 18, Amended, 05/25/2016; Ord. 6367, Amended, 09/22/2004)