Ordinance 3774-20 - Laserfiche WebLink

4. Additional Requirements for Applications Requesting Modification of Standards for Temporary outdoor encampment,safe parking areas or tiny home communities. a. The applicant may apply for a temporary use permit that applies standards that differ from those in EMC 19.08.200.E only where, in addition to satisfying the requirements in EMC 19.05.068,the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe temporary outdoor encampment,safe parking areas or tiny home communities under the specific circumstances of the application.Such requests shall be reviewed by the city's hearing examiner at a public hearing.The hearing examiner shall make a decision regarding the issuance of a temporary use permit and modification of standards.The notice of the time and place of the public hearing shall be provided to the applicant and to any person who,prior to the rendering of the decision on the permit,made a written request for notice or submitted substantial comments on the application for the permit.The public hearing procedures shall be as specified in Section 15.02.200. b. The hearing examiner shall issue findings within ten business days of the conclusion of the hearing. Within three business days of rendering the written decision,copies shall be mailed to the applicant and all who have requested notice by signing a register provided at the hearing.The hearing examiner's decision shall constitute the city's final decision.Any appeal of the city's final decision may only be made to Snohomish County superior court in accordance with Chapter 36.70 RCW. c. In considering whether the modification should be granted,the city shall first consider the effects on the health and safety of residents and the community.The burden of proof shall be on applicant. Article Ill. Hearing Examiner Procedures 15.02.200 Hearing examiner Procedures. The following procedures apply to where this title requires the hearing examiner to conduct open public hearings. A. Project Review The hearing examiner shall receive and examine available information including environmental checklists and environmental impact statements,conduct public hearings,prepare a record thereof, enter findings of fact and conclusions based upon those facts,and enter decisions as provided herein. B. Final action The decisions of the hearing examiner shall represent the final action on the applications and decisions specified in Review Process IIIA,including consolidated SEPA appeals on these actions.The recommendations of the hearing examiner shall not represent final action on the applications and decisions specified in Review Process IIIB;the city council decision following any remand shall represent final action. C. Reports by city staff and applicant/appellant 1. When an application has been set for public hearing,the planning department or other appropriate city departments shall coordinate and assemble the comments and recommendations of other city departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the proposed findings and recommendations. 2. At least five(5)working days prior to the scheduled hearing,the report shall be filed with the hearing examiner and copies thereof shall be mailed to the applicant and made available for use by any interested party for the cost of reproduction;provided, however,any appeal heard by the hearing examiner under this title shall be subject to the procedures in the appeals section of this title. D. Open public hearing Before rendering a decision on any application or appeal or making a recommendation,the hearing examiner shall hold one open public hearing thereon. Notice of the time and place of the public hearing and hearing procedures Ch.15.02 Local Project Review 23 City Council Action(11/04/2020)