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City of Bellingham Municipal Code


Title 21 ADMINISTRATION OF DEVELOPMENT REGULATIONS
Chapter 10 PROCEDURES AND ADMINISTRATION

21.10.150 - TYPE VI PROCESS: CITY COUNCIL LEGISLATIVE DECISIONS

A. Pre-Application Procedures. A pre-application conference is required for certain proposals as provided in BMC 21.10.170. A pre-application neighborhood meeting shall be conducted under the procedures of BMC 21.10.180 for site specific comprehensive plan amendments, site specific neighborhood plan amendments and institutional master plans or rezones that require a Type VI process.

B. Application. A complete application shall consist of the submittal requirements established by the Director and stated on the application forms.

1. Who may apply:

C. Environmental review. When environmental review is required, the procedures of BMC 16.20 shall apply. The determination of nonsignificance or environmental impact statement shall be provided to the Planning Commission with the staff report.

D. Notice of Planning Commission Public Hearing. The Planning Commission shall conduct an open record public hearing on the proposal. Notice of the hearing shall be provided as follows:
E. Planning Commission Hearing. The Planning Commission 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. All comments received by the Department prior to the hearing shall be transmitted to the Planning Commission no later than the date of the public hearing.

F. Planning Commission Recommendation. The Planning Commission shall review the proposal based on the criteria listed in the applicable City code and provide a written recommendation to the City Council containing the following:

1. Finding of fact and conclusions of law; and 2. Recommendation. G. Notice of City Council Hearing. Notice of the City Council public hearing shall be provided in the same manner as for the Planning Commission hearing.

H. City Council Decision. The City Council shall hold an open record public hearing on the proposal. The Director shall transmit to the City Council the staff report, Planning Commission recommendation and any written comments received prior to the City Council Hearing. The City Council may confirm, modify or reject the Planning Commission recommendations.

I. Appeal of Type VI Decision. An action of the City Council on a Type VI proposal may be appealed together with any SEPA threshold determination by filing a petition with the Growth Management Hearings Board or the Superior Court, as applicable. Appeals to the Growth Management Hearings Board are subject to the requirements set forth in RCW 36.70A.290 and must be filed within the 60-day time period set forth in RCW 36.70A.290(2). A land use petition filed with the Superior Court must meet the requirements set forth in Chapter 36.70C RCW and must be filed and served upon all necessary parties within the 21-day time period as set forth in RCW 36.70C.040.

[Ord. 2009-08-051; Ord. 2008-08-079; Ord. 2004-12-088; Ord. 2004-09-065]
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