20.27.040 - PROCEDURES
Projects applied for under this chapter shall follow the procedures listed below. A. Pre-Application Conference. A pre-application conference with Planning and Community Development Department staff is required. B. Neighborhood Meeting. An applicant is required to conduct a neighborhood meeting prior to the submittal of an application and after the pre-application conference. The Director may provide standard notice formats and guidelines for conducting the meeting. The notice shall include a brief description of the project, date, time and location of the neighborhood meeting and name and phone number of the applicant or their representative. The applicant shall post the notice of the neighborhood meeting on the project site at least 14 days prior to the meeting and shall mail the notice at least 14 days prior to the meeting to: 1. The Planning and Community Development Department with a copy of the mailing list; 2. The owner of the property as listed on the application; 3. Owners of property within 500 feet of the site boundary of the subject property as listed by the Whatcom County Assessor records; 4. The Mayor's Neighborhood Advisory Commission representative and any neighborhood association registered with the Planning and Community Development Department for the neighborhood in which the project is proposed, and for any neighborhood within 500 feet of the project site boundary; and 5. The local newspaper. C. Submittal Requirements. The Director shall establish submittal requirements and forms to be used for applications. A complete application shall consist of the completed application form with all required information, a SEPA environmental checklist, if applicable, and any filing fee as established by the City Council. D. Determination of Complete Application. A complete application consists of a completed design review application form together with all required information listed in the submittal requirements, including those established by the Planning Director for applications under this chapter, and payment of the application fee as may be established by the City Council If a subdivision of land is required, the preliminary plat, short plat, or lot line adjustment shall also be submitted. An application shall be reviewed to determine whether it is complete under the procedures in BMC Title 21. E. Concurrent Review. The application for design review, subdivision, and project approval under this chapter shall be processed concurrently. The Director's decision regarding design review shall be forwarded to the Hearing Examiner with the staff recommendation for the application. F. Notice of Application. A notice of application shall be provided under the procedures in BMC Title 21 by the following methods: 1. The Planning and Community Development Department shall mail notice of application to: a. The applicant; b. The owner of the property as listed on the application; c. Owners of property within 500 feet of the site boundary of the subject property as listed by the Whatcom County Assessor records; d. The Mayor's Neighborhood Advisory Commission representative and any neighborhood association registered with the Planning and Community Development Department for the neighborhood in which the project is proposed, and for any neighborhood within 500 feet of the project site boundary; e. Any person or organization that has filed a written request for notice with the Planning and Community Development Department; and f. The local newspaper. G. Date of Notice. The date of the notice of application shall be the date the notice is mailed. H. Posted Notice. The applicant shall post one or more "notice of application" signs on the site or in a location immediately adjacent to the site that provides visibility from adjacent streets. The Director shall establish standards for size, color, layout, materials, placement and timing of installation and removal of the signs. I. Public Comment Period. The minimum comment period shall be 14 days following the date of notice of application. J. Project Review. Complete applications shall be reviewed by Planning and Community Development Department staff for consistency with the applicable Neighborhood Plan, the regulatory requirements of the BMC, requests for modifications to regulatory requirements of the BMC, and the residential multi-family design review guidelines. A written recommendation for approval, modification, or denial of the project will be made by the Planning and Community Development Department Director or his/her designee and forwarded to the Hearing Examiner. K. Notice of Public Hearing. The public hearing shall be consolidated with the hearing on any preliminary application submitted for the project. Notice of Public Hearing shall meet the following requirements: 1. An open record public hearing before the Hearing Examiner shall be scheduled for a date no sooner than 15 days after the notice of application and no sooner than 15 days after the issuance of a SEPA determination. Staff recommends and the SEPA decision shall not be issued until after the close of the minimum public comment period, provided that the optional DNS process may be used if authorized. 2. Notice of the public hearing for the application shall be published in a newspaper of general circulation at least 10 days prior to the hearing date. 3. Notice of the hearing shall be mailed at least 10 days prior to the hearing in the same manner as for the notice of application. 4. The notices shall contain a brief description and the general location of the proposal, the time, date and location of the hearing and information about the availability of the staff report. L. Public Hearing. A Public Hearing shall be conducted as follows: 1. The Hearing Examiner shall conduct an open record public hearing on the proposal. Any person may participate in the hearing by submitting written comments to the Planning and Community Development Department prior to the hearing or by submitting written comments or making oral comments at the hearing. 2. The Planning and Community Development Department shall transmit to the Hearing Examiner a copy of the department file on the application including all written comments received prior to the hearing. The file shall also include the SEPA threshold decision and records regarding public notice of the application. 3. The Hearing Examiner shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of each hearing. M. Hearing Examiner Recommendation. The Hearing Examiner shall make a written recommendation to approve, approve with modifications, or deny the application based on the compliance with the earned increased density criteria of BMC 20.27.030. The recommendation shall be transmitted to the City Council and shall be contingent on a final decision of approval by the City Council. The Hearing Examiner's decision on any preliminary plat shall be contingent on Council approval of the affordable home ownership project with earned increased density. N. City Council Decision. The City Council shall conduct a closed record hearing on the application consistent with the procedures of BMC 1.26.040. The City Council's decision shall be based upon the record established in the Hearing Examiner's proceedings, written argument submitted by the parties, and such oral argument as City Council may allow at its discretion. The City Council shall accept the Hearing Examiner's recommendation, accept it with modifications, or reject it based on the criteria in BMC 20.27.030. O. Council Action. The Council's action shall be in the form of an ordinance. P. Notice of Decision. A notice of decision shall be issued as provided in BMC Title 21. [Ord. 2004-11-080]
