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A. Preapplication Procedures. A preapplication conference is required for certain proposals as provided in BMC 21.10.170. A preapplication 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 for Those Type VI Actions That Include a Request to Docket an Amendment to the Comprehensive Plan and/or a Neighborhood Plan. Comprehensive plan and/or neighborhood plan amendments can only be placed on the annual review docket by the city council. These amendments are divided into two categories: site-specific and non-site-specific.

a. Non-Site-Specific Amendments. Any person may submit an application to have a non-site-specific amendment placed on the review docket to be considered in the subsequent year. All docket requests should be submitted no later than April 1st of each year.

b. Site-Specific Amendments. Only a property owner or authorized agent of the property owner may submit an application to have a site-specific amendment to the comprehensive plan or a neighborhood plan, a request for a site-specific comprehensive/neighborhood plan amendment and concurrent rezone, or a request for a Type VI institutional master plan or IMP amendment placed on the review docket for consideration in the subsequent year. All docket requests should be submitted no later than April 1st of each year.

c. All Amendments. Both site-specific and non-site-specific amendments may be added to the annual review docket by the city council at any time during the year, provided the council finds that the proposal meets the docketing criteria in BMC 20.20.030.

C. Environmental Review. When environmental review is required, the procedures of Chapter 16.20 BMC 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:

1. Publishing. The city shall publish notice of the hearing in a newspaper of general circulation at least 30 days prior to the hearing date.

2. Mailed Notice. Notice of the public hearing shall be mailed at least 30 days prior to the hearing date. For site-specific comprehensive plan amendments, site-specific neighborhood plan amendments, site-specific rezones or institutional master plan adoption or amendments, the city shall mail a hearing notice in the same manner as provided in BMC 21.10.200(D). For all other proposals, the hearing notice shall be mailed to the list of mayor’s neighborhood advisory commission representatives and neighborhood associations registered with the planning and community development department.

3. Posted Notice. For site-specific comprehensive plan amendments, site-specific neighborhood plan amendments, site-specific rezones, or institutional master plan adoption or amendments, 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 30 days prior to the hearing. The director shall establish standards for size, color, layout, materials, number, placement, maintenance and removal.

4. For non-site-specific amendments to the comprehensive plan, neighborhood plan or development regulations, the director shall provide public notice and public participation opportunities appropriate for the proposal and consistent with RCW 36.70A.035 and subsections (D)(1) and (2) of this section.

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. 2011-08-048; Ord. 2009-08-051; Ord. 2008-08-079; Ord. 2004-12-088; Ord. 2004-09-065].

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