§ 17.64.030. The decision process  


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  • A. Basis for Decision. Approval or denial of an application shall be based on standards and criteria in this chapter and when appropriate, to the comprehensive plan for the city.

    B. Findings and Conclusions. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts.

    C. Form of Decision. For decisions listed under Section 17.64.025(B) and (C) of this chapter, the decision authority shall issue a final written order containing the findings and conclusions which either approves, denies, or approves with specific conditions. The decision authority may also issue appropriate intermediate rulings when more than one permit or decision is required.

    D. Decision-Making Time Limits. A final order shall be filed with the city recorder or designee within ten (10) business days after the close of the deliberation.

    E. Notice of Decision. Written notice of a decision shall be mailed to the applicant and to all participants of record within ten (10) business days after the hearings body decision. A copy of the planning commission's notices of decision will also be provided to the city council. Failure of any person to receive mailed notice shall not invalidate the decision, provided that a good faith attempt was made to mail the notice.

    F. Final Decision and Effective Date. The decision of the hearings body on any appeal or application is final for purposes of appeal on the date a notice of decision is mailed by the city. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the city council. The notification and hearings procedures for applications on appeal to the city council shall be the same as for the initial hearing. An appeal of a land use decision to the state land use board of appeals must be filed within twenty-one (21) days of the city council's written decision.

    G. Final Decision for Annexations and Legislative Amendments. An annexation, a legislative amendment to the comprehensive plan and a zoning code amendment shall take effect and shall become final as specified in the enacting ordinance, or if not approved, upon mailing of the notice of decision to the applicant.

(Ord. 353 § 2 Exh. B (part), 2008: Ord. 273 § 10.030, 1998)

(Ord. No. 358, § 2, 7-13-2010; Ord. No. 369, § 10, 8-13-2013)