Ordinance 2530-01 - Laserfiche WebLink

C. Review Process IIIB. Review Process IIIB applies to Hearing Examiner and City Council quasi-judicial decisions. The Examiner's action on Review Process IIIB applications shall constitute a recommendation to City Council. Following an open public hearing, the Examiner shall make a recommendation to City Council on the following: 1. Rezones and planned residential developments that are consistent with the Comprehensive Plan; 2. Public park development located in areas subject to the shoreline substantial development permit requirements of the City's shoreline master program as provided by EMC 19.33.A.030C; and 3. All other review processes listed in the Zoning Code as Review Process IIIB. The City Council may accept the findings or conclusions of the Examiner, remand the recommendation to the Examiner, or reverse the decision of the Examiner. The City Council's action shall be based upon the Examiner's record. No new information or evidence may be presented to the City Council. D. Hearing Examiner—Duties. The duties of the Examiner regarding the applications and decisions listed above shall be as follows. 1. Jurisdiction. The Examiner shall render decisions and recommendations on all applications and appeals required by ordinance to be heard by the Examiner. 2. Project Review. The 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. 3. Time Period for Decisions and Appeals. The time period for a decision by the City should not exceed one hundred twenty(120) calendar days following notification of application's completeness, as specified in Chapter 5, Section 3 of this Ordinance. The time period for consideration and decision on an appeal should not exceed ninety(90) calendar days for an open record appeal hearing. 4. Final Action. The decisions of the Examiner shall represent the final action on the applications and decisions specified in Review Process IIIA above, including consolidated SEPA appeals on these actions. The recommendations of the 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. . 5. Reports by City Staff and Applicant/Appellant. 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 18