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Ordinance 3774-20
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Ordinance 3774-20
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11/16/2020 11:39:11 AM
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Ordinances
Ordinance Number
3774-20
Date
11/4/2020
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are specified in EMC 15.02.080.C.The hearing examiner may continue or reconvene the hearing in order to <br /> implement the purposes and provisions of this title. <br /> E. Decision,recommendation,conditions <br /> 1. Applicable to All Actions.The hearing examiner's decision or recommendation may be to grant or deny <br /> the applications,or the hearing examiner may recommend or require of the applicant such conditions, <br /> modifications and restrictions as the hearing examiner finds necessary to make the project compatible <br /> with its environment and carry out the objectives and goals of the city's environmental policy ordinance, <br /> comprehensive plan,shoreline master program,other applicable plans and programs adopted by the city <br /> council,the unified development code(Title 19), other applicable codes and ordinances of the city and <br /> regulations of other agencies.The scope of the hearing examiner's review for any hearing, <br /> recommendation,or decision on a proposed permit or appeal is further specified in EMC 15.02.600. <br /> Conditions,modifications and restrictions which may be imposed are, but are not limited to: <br /> a. Exact location and nature of development, including additional building and parking area setbacks, <br /> screening in the form of landscaped berms,landscaping or fencing; <br /> b. Measures to avoid or otherwise mitigate the adverse environmental impacts of the development; <br /> c. Hours of use or operation or type and intensity of activities; <br /> d. Sequence and scheduling of the development; <br /> e. Maintenance of the development; <br /> f. Duration of use and subsequent removal of structures; <br /> g. Granting of easements and dedications of roads,walkways, utilities or other purposes and dedication <br /> of land or other provisions for public facilities,the need for which the hearing examiner finds would <br /> be generated in whole or in significant part by the proposed development; <br /> h. Provisions which would bring the proposal into compliance with the comprehensive plan; <br /> i. Posting of assurance devices as required to insure compliance with any conditions, modifications <br /> and/or restrictions imposed on the proposal. <br /> 2. Additional Considerations.The hearing examiner shall consider criteria for land use actions set forth in <br /> EMC 15.03. <br /> 3. Findings required.When the hearing examiner renders a decision or recommendation,the hearing <br /> examiner shall make and enter written findings and conclusions from the record on all issues presented to <br /> the hearing examiner,which support such recommendation or decision. Unless the applicant agrees to an <br /> extension or the hearing examiner is hearing an appeal,the hearing examiner shall render a decision or <br /> recommendation,as applicable,within ten (10)working days of the conclusion of a hearing. <br /> 4. Notice of decision. <br /> a. Not later than three(3)working days following the rendering of a written decision or <br /> recommendation,copies shall be mailed to the applicant and to other persons who have requested <br /> notice of the decision by signing a register provided at the hearing.Alternatively,the city may <br /> transmit the decision electronically to any person who so indicates on the register at the hearing.The <br /> city shall retain the right to charge a reasonable fee to recover costs associated with providing such <br /> copies.The person mailing such decision shall prepare an affidavit of mailing, in standard form,and <br /> such affidavit shall become a part of the record of such proceedings. <br /> b. If the hearing examiner is making a recommendation to the city council,the recommendation and a <br /> copy of the hearing examiner's record shall be transmitted to the city council. <br /> c. Shoreline permits. <br /> i. A notice of decision for shoreline substantial development,variance,and/or conditional use <br /> permit shall be provided to the Washington State Department of Ecology and the Attorney <br /> General's Office as set forth in WAC 173-27-130. <br /> ii. For shoreline conditional use and variance permits,the Washington State Department of Ecology <br /> issues the final decision.The Washington State Department of Ecology shall render the final <br /> Ch.15.02 Local Project Review 24 City Council Action(11/04/2020) <br />
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