Ordinance 248503/06/85
WSS/naa
ORDINANCE NO. 2y86'
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
AMENDING CHAPTER 20.100.010 AND 20.100.030 RELATING
TO HEARING EXAMINER APPEALS TO PROVIDE FOR REVIEW OF
THE FINAL ASSESSMENT ROLL OF LOCAL IMPROVEMENT
DISTRICTS AND UTILITY LOCAL IMPROVEMENT DISTRICTS,
PROVIDED, FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the provisions of Section 35.44.070 of the
Revised Code of Washington provide that cities of over 15,000 in
population may designate a Hearing Examiner to hold hearings
regarding the final assessment rolls in local improvement
districts and utility local improvement districts and to make
recommendations to the Council regarding such assessments; and
WHEREAS, the City Council wishes to provide for such a
system for use at its discretion in order that lengthy and
complex issues of fact may be reviewed upon the basis of a full
and accurate record as developed by a Hearing Examiner, and
WHEREAS, the City Council wishes to establish such
review in accordance with the provisions of statute in order that
recommendations may be made by the Hearing Examiner while
reserving to the City Council the final decision making authority
and to provide for appeals from those recommendations to the
Council for its review after hearing, now therefore
FOLLOWS:
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section 1. Section 20.100.010 is hereby amended to
read as follows:
20.100.010 Hearing Examiner Review
A. Scope - Recommendations. The Hearing Examiner
shall review and make recommendations to the City
Council on the following permits and approvals
under this section:
1. Preliminary plats for Formal Subdivisions.
2. Street vacations.
3. Planned Residential Developments.
4. Official Street Map changes.
5. Upon authorization of the City Council, hold
hearings regarding the final assessment role
of any local improvement district or utility
local improvement district in accordance with
the provisions of Chapter 35.44 Revised Code
of Washington as the same exists or is
hereafter amended. The provisions of said
Chapter regarding notice shall control any
conflicting provision of these ordinances.
6. Such other matters as may be referred by the
City Code.
B. Scope - Decisions. The Hearing Examiner shall
review and make final decisions, appealable to the
City Council, on the following permits and
approvals under this section:
1. Conditional Use Permits except where this
code provides for staff approval and Group
Homes.
2. Variances.
3. Shoreline Permits.
4. Appeals from staff decisions, such as denials
or conditions of public works permit (see
Section 18.00.020), temporary parking lots
(see Section 17.50.090) and temporary
buildings (see Section 17.70.010), etc.
5. Hearings on protests of staff decisions, such
as denials or conditions of public works
permit (see Section 18.00.020), temporary
parking lots (see Section 17.50.090) and
temporary buildings (see Section 17.70.010),
etc.
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6. Hearings on draft Environmental Impact
Statements.
7. Review of approved permit, see Section
20.100.040.
8. Such other matters as may be referred by the
City Code.
C. Pre -Hearing. The Hearing Examiner shall review
all information in the project file kept by the
Community Development Department, including the
application, staff report, environmental impact
statements, and so forth. The Hearing Examiner
shall visit the project site.
D. Public Hearing. The Hearing Exxaminer shall hold
a public hearing on each project reviewed in the
manner provided in Chapter 20.90. The Community
Development Department shall give notice as
required by that chapter.
E. Findings and Conclusions. Within 10 working days
following the conclusions of all testimony and
hearings, unless the applicant agrees to an
extension of time, the Hearing Examiner shall make
findings and conclusions, and take action based
only on information reviewed under parts C and D
of this section, and a visit to the project site
after the hearing, if one was made. The findings
and conclusions shall explain how the decision or
recommendation will carry out and implement the
Comprehensive Plan of Edmonds and other Community
Development Code. The Examiner shall send a copy
of the findings and conclusions to the applicant,
the Community Development Department, to any
person who requests a copy, and the City Council.
The findings and conclusions shall contain any
conditions placed on an approval or permits.
F. Criteria. The Hearing Examiner shall make
findings, reach conclusions and take action in
accordance with the findings and criteria
contained in the ordinance governing the type of
application being reviewed.
G. Reconsideration. With the approval of the
applicant, the Hearing Examiner may reopen the
hearing within 10 working days of the decision by
notifying the persons who received copies of the
decision, and hold another hearing in the manner
provided in subsection D of this section.
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Section 2. Section 20.100.030 is hereby amended to
read as follows:
20.100.030 City Council Action on Recommendations_
A. Normal Review. The City Council shall consider a
recommendation of the Hearing Examiner or Planning
Advisory Board at its next available public
meeting. The Council may adopt or remand the
recommendation at that meeting, provided, however:
1. Street vacations require a hearing by Council
as provided in Chapter 20.70.
2. In the case of preliminary formal plats upon
receipt of the recommendation from the
Hearing Officer, the Council at its next
public meeting shall set the date for a
public hearing.
3. In the case of a local improvement district
or a utility local improvement district
hearing held in accordance with the
provisions of Section 20.100.010(4) and RCW
35.44.070, review the recommendations of the
Hearing Examiner and any appeal taken
therefrom. Any person aggrieved by the
recommendation of the Hearing Examiner shall
be entitled to a review by the City Council
after hearing upon the filing of a written
appeal from the recommendations of the
Hearing Examiner within ten (10) working days
of the date of mailing of the Hearing
Examiner's final recommendations after
disposition of a motion for reconsideration,
if any such motion is filed. The Council may
base its decision upon the record established
before the Hearing Examiner and may adopt the
recommendations of the Hearing Examiner in
whole or in part, PROVIDED, HOWEVER, that in
the event of an appeal, the Council shall
hear the appellant, develop a record with
regard to such appeal and enter its findings
of fact and conclusions of law based upon
that its record as well as the record
established before the Hearing Examiner.
B. Optional Public Hearing. If the Council wishes to
consider any change to the recommendation, the
Council shall set a public hearing in the manner
provided in Chapter 20.90. After the hearing the
Council shall approve, modify, conditionally
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approve, deny or remand the proposal. In the case
of amendment to the Zoning ordinance (or Map) or
Comprehensive Plan (or Map) in the event of a
remand the Council shall specify the time within
which the Planning Advisory Board shall report
back its findings and recommendations to the
Council.
C. Findings and Conclusions. The Council shall state
its findings and conclusions to support the
decision, based on the required findings and
criteria in this code governing the type of
application being reviewed, and based on evidence
presented at the Council hearing. The City
Council action shall be final and shall be put
into writing by ordinance, resolution and/or
minutes, along with any conditions placed on an
approval.
Section 3. The Mayor is authorized to negotiate for
and obtain the services of a Hearing Examiner for such hearings
provided that such services shall be separate from and in
addition to those provided under any contract for Hearing
Examiner services previously approved by the Council. Such
Hearing Examiner shall be confirmed by the Council.
Section 4. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
PPP
_�_ ._I ,_ _: :��._ _
ATTEST/AUTHENTICATED:
CI CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY I A�)15 11
FILED WITH THE CI qCLERK: ftlarin71089,
PASSED BY THE CITY COUNCIL: ftv&w , p U9,
POSTED: March 13, 1985
EFFECTIVE DATE: March 18, 1985
ORDINANCE NO. 2485
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
JACQUELINE G. PARRETT
, being first duly sworn
on oath deposes and says that the is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 13 day of March , 19 85, affiant posted true and
correct copies of the attached Ordinance No 2485, passed by the
City Council on the �12 day of. March 1e,85 , at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
.201 Main Street
Edmonds, Washington 98020
DATED this 13 day of March 1985.
SUBSCRIBED AND SWORN to before me this 13 day of
March 19 8&
Ja2r&y4 Public in and ..or the v
Stage of Washington, residing
at _ CA/w —