21.10.140 Type V process – City council quasi-judicial decisions.
A. Type V-A Process.
1. Preapplication Procedures. A preapplication conference is required for Type V-A applications. A preapplication neighborhood meeting shall be conducted under the procedures of BMC 21.10.180 for Type V-A applications.
2. Application. A complete application shall consist of the submittal requirements established by the director and stated on the application forms. An application shall be reviewed to determine whether it is complete under the procedures of BMC 21.10.190.
a. Who May Apply. The property owner or authorized agent of the property owner, city council, planning commission or planning director may apply.
b. For an institutional master plan adoption or amendment, a property owner may apply for amendments or master plan adoption that apply only to the property they own. Any other amendment proposals must be initiated by the city council planning commission or planning director.
3. Notice of Application. The procedures in BMC 21.10.210 apply to a Type V-A application.
4. Minimum Comment Period. The procedures in BMC 21.10.210 apply to a Type V-A application.
5. Environmental Review. When a threshold decision is required under Chapter 16.20 BMC, the procedures in BMC 21.10.220 apply to a Type V-A process.
6. Notice of Intent to Adopt. Notice shall be provided to the Washington State Department of Commerce as required by RCW 36.70A.106(1) and WAC 365-196-630, or as amended.
7. 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:
a. Publishing. The city shall publish notice of the hearing in a newspaper of general circulation at least 15 days and not more than 30 days prior to the hearing date.
b. Mailed Notice. The city shall mail a hearing notice no less than 15 days prior to the date of the hearing. Mailed notice shall be provided in the same manner as provided in BMC 21.10.200(D).
c. Posted Notice. The city shall post one or more hearing notice signs on the site or in a location immediately adjacent to the site that provides visibility from adjacent streets. The signs shall be posted at least 15 days prior to the hearing. The director shall establish standards for size, color, layout, materials, number, placement, maintenance and removal.
8. 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.
9. 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:
a. Findings of fact and conclusions of law; and
b. Recommendation.
10. Notice of City Council Hearing. Notice of the city council closed record hearing shall be provided in the same manner as for the planning commission hearing.
11. City Council Decision. The city council shall consider the proposal at a closed record hearing. The city council shall not accept new information on the application, but shall consider the complete record before the planning commission and the recommendation of the planning commission. The city council may:
a. Approve the application;
b. Approve the application with modifications;
c. Remand the application to the planning commission for additional review limited to specific issues identified by the council; or
d. Deny the application.
12. Notice of Decision. The procedures in BMC 21.10.230 apply to a Type V-A process.
13. Notice of Adoption. Notice shall be provided to the Washington State Department of Commerce as required by RCW 36.70A.106(2) and WAC 365-196-630, or as amended.
14. Appeal of Type V-A Decision. A Type V-A decision may be appealed to superior court by filing a land use petition which meets the requirements set forth in Chapter 36.70C RCW. The petition must be filed and served upon all necessary parties as set forth in state law and within the 21-day time period as set forth in RCW 36.70C.040. Requirements for fully exhausting city administrative appeal opportunities must be fulfilled.
B. Type V-B Process.
1. Nomination of Historic Property Designations. The property owner, historic preservation commission or the city council may nominate and make application to designate a property on the city of Bellingham’s register of historic places under the provisions of Chapter 17.90 BMC. If nominated by the historic preservation commission or city council, the application shall not be processed unless the written consent of the property owner is obtained.
2. Notice of Historic Preservation Commission Public Hearing.
a. Notice of the hearing shall be published in a newspaper of general circulation at least 10 days prior to the hearing date.
b. Notice of the hearing shall be mailed at least 10 days prior to the hearing in the same manner as provided in BMC 21.10.200(D).
c. The notice 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.
3. Historic Preservation Commission Public Hearing.
a. The historic preservation 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.
b. The planning and community development department shall provide the historic preservation commission with a staff report on the application and transmit all written comments received prior to the hearing.
c. The historic preservation commission shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of the hearing.
4. Historic Preservation Commission Decision. The historic preservation commission shall take action on the application at a public hearing, and shall approve, approve with modifications or deny the application for designation of the property on the city of Bellingham’s register of historic places based on the record and the applicable criteria in Chapter 17.90 BMC. The commission’s decision shall be in writing and shall include findings of fact upon which the decision, including any conditions, was based and the conclusions derived from those facts. The decision shall also identify the historic features of the property.
5. Record of Designation. Within two weeks following the decision by the historic preservation commission, the property owner shall sign a covenant declaring the property a designated historic property pursuant to and subject to the provisions of Chapter 17.90 BMC, and record it with the Whatcom County auditor. The covenant shall be the form as provided by the director and shall be recorded at the expense of the property owner.
6. Appeal of the Historic Preservation Commission Decision. A final decision by the historic preservation commission may be appealed to the superior court by filing a land use petition which meets the requirements set forth in Chapter 36.70C RCW. The petition must be filed and served upon all necessary parties as set forth in state law and within the 21-day time period as set forth in RCW 36.70C.040. [Ord. 2024-02-003 § 3; Ord. 2005-12-094; Ord. 2005-08-066; Ord. 2004-12-088; Ord. 2004-09-065].