14.30.070 Procedures for Type 3 Review.
The city hearings examiner shall conduct an open record public hearing prior to making a decision on a Type 3 application.
A. Applications for Type 3 permits shall be processed by the city in accordance with the following general procedures, unless the applicant is otherwise notified in writing:
1. Preapplication conference.
2. Determination of completeness.
3. Notice of application.
4. Preliminary staff determination of consistency including:
a. Review for consistency with the Cle Elum comprehensive plan; and
b. Review for compliance with the Cle Elum Municipal Code; and
c. Site plan and design review, as appropriate.
5. Consultation with the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of the Colville Reservation, and the Snoqualmie Tribe, as appropriate.
6. SEPA threshold determination.
7. Preparation of a city staff report containing preliminary determination of consistency and recommendations, including potential mitigating measures. This report shall be available for public review fifteen days prior to the open record public hearing.
8. An open record public hearing shall be conducted by the hearings examiner, in accordance with adopted administrative procedures. This may include:
a. A presentation by city staff including submittal of staff report and application materials for record, as well as any written comments received prior to the hearing.
b. Presentation by the applicant and the submittal of any additional information for the record.
c. Public comments and the submittal of any additional information for the record.
d. Questions from the hearings examiner.
e. Rebuttal, response, or clarifying statements by city staff and the applicant.
9. Hearings examiner review of the record, preparation of findings and conclusions, and the issuance of a notice of decision in accordance with adopted administrative procedures. This shall include a decision to approve, deny, or approve subject to conditions, the application(s) based on findings that:
a. The proposal is or is not consistent with the provisions of the Cle Elum comprehensive plan and Municipal Code.
b. The proposal is or is not in the public interest.
c. Potential adverse environmental impacts have or have not been adequately considered.
d. The proposal does or does not lower the level of service standards established in comprehensive plan and/or the city’s concurrency standards have been met.
e. Adequate provisions have or have not been made to protect the public health, safety, and welfare. Such provisions may include, but are not limited to, open space, drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites for schools and school grounds, and pedestrian and bicycle ways.
f. That mitigating measures and dedications are or are not reasonably related and proportional to the impacts created by the proposal.
B. A decision on a Type 3 application shall be effective at the conclusion of a fifteen-day notice period unless an appeal is filed in a timely manner in accordance with the provisions of this title.