A. Purpose. The purpose of this section is to describe those general procedures that apply whenever state law or the BIMC requires a quasi-judicial decision by city council on a land use matter.

B. Applicability. This section applies each time a provision of the BIMC authorizes a final decision by the city council for a land use application including without limitation site-specific rezoning or a long subdivision.

C. Procedures. A land use application requiring a city council decision shall be reviewed as follows:

1. Environmental Review. For a land use application subject to Chapter 43.21C RCW and Chapter 16.04 BIMC, the SEPA threshold determination shall be issued and comment period shall be completed prior to a public hearing.

2. Hearing Examiner Recommendation. A land use application requiring a city council decision also provides opportunity for the hearing examiner to make a recommendation to the city council prior to the final decision. The hearing examiner will consider the land use application at a public hearing following the procedures of BIMC 2.16.100.C and applicable provisions of BIMC 2.16.020.

3. Single Report. The hearing examiner shall prepare a single, consolidated report setting forth all the recommendations and decisions made on the application as of the date of the report. The report shall state any mitigation required or proposed under the development regulations or as required by SEPA, Chapter 43.21C RCW, and shall include the SEPA. The report and the documents on which a decision was made shall be presented to the city council.

D. City Council Public Meeting. The city council shall hold a public meeting to consider the land use application prior to issuing a decision. Notice of city council consideration of recommendations from the hearing examiner shall be posted in the official posting places of the city.

E. Elements to Be Considered. The city council shall consider the following in deciding upon an application:

1. The contents of the application; and

2. The minutes of any public hearing on the application and any written material submitted as part of the public hearing process; and

3. The recommendation of the applicable department director; and

4. The recommendation of the hearing examiner; and

5. Any testimony presented at the public hearing; and

6. The decision criteria listed in each section of this code under which the application was made.

F. City Council Action. The city council shall take one of the following actions:

1. Adopt an ordinance or resolution, including findings of fact and conclusions of law, approving the proposal; or

2. Adopt an ordinance or resolution, including findings of fact and conclusions of law, approving the proposal with conditions; or

3. Adopt an ordinance or resolution, including findings of fact and conclusions of law, denying the proposal; or

4. Refer the proposal back to the hearing examiner for further proceedings. (Ord. 2011-02 § 2 (Exh. A), 2011)