1.26.050 Rules of procedure and decision for matters before city council based on a recommendation of the hearing examiner as provided by BMC 2.56.050(C) and (D) or planning commission as provided by BMC 21.10.040(G) and 21.10.140(A).
The rules of procedure and decision for quasi-judicial and legislative matters before city council based on a recommendation of the hearing examiner as provided by BMC 2.56.050(C) and (D) or the planning commission as provided by BMC 21.10.040(G) and 21.10.140(A) shall be as follows:
A. Quasi-judicial and legislative decisions of the city council shall be based upon the record established at a public hearing before the hearing examiner or planning commission, including the hearing examiner or planning commission’s written findings of fact, conclusions of law, and recommendation.
B. City council shall consider the matter at a closed record hearing. Legal argument may be presented based on the record established in the hearing examiner’s or planning commission’s proceedings; however, no new evidence shall be presented or considered.
C. At the conclusion of the closed record hearing, city council may:
1. Accept the recommendation of the hearing examiner or planning commission or reject the same in whole or in part. If council rejects the recommendation in whole or in part, then it shall make findings and conclusions explaining its decision; or
2. Remand the matter to the hearing examiner or planning commission with instructions for further proceedings.
D. The decision of the city council shall be final for the purposes of judicial appeal as provided by the laws of the state of Washington. [Ord. 2023-09-029 § 3; Ord. 2002-10-069 § 4].