3.68.250 Powers.
A. The examiner shall have the authority to and shall conduct public hearings and prepare a record thereof, and enter written findings and conclusions, recommendations or decisions for the following land use matters:
1. Applications for reclassifications;
2. Applications for conditional uses;
3. Applications for conditional uses in shorelines overlay districts;
4. Applications for planned unit developments;
5. Applications for plats;
6. Appeals of administrative short plat decisions;
7. Appeals of State Environmental Policy Act threshold determinations; and
8. Any other matter designated by this code or other city ordinance.
B. The examiner’s decision shall be based upon the policies of the comprehensive plan, Shorelines Management Act, State Environmental Policy Act, the standards set forth in the various land use regulatory codes of the city, or any other applicable program adopted by the city council. The examiner may attach reasonable conditions found necessary to make a project compatible with its environment and to carry out the goals and policies of the city’s comprehensive plan, shoreline master program, or other applicable plan or program adopted by the city council.
Such conditions may include but are not limited to the following:
1. Exact location and nature of development, including additional building and parking area setbacks, screenings in the form of landscaped berms, landscaping, or fencing:
2. Impact of the development upon other lands;
3. Hours of use of operation or type and intensity of activities;
4. Sequence and scheduling of development;
5. Maintenance of the development;
6. Duration of use and subsequent removal of structures;
7. Granting of easements for utilities or other purposes and dedication of land or other provisions for public facilities, the need for which the examiner finds would be generated in whole or in significant part by the proposed development;
8. Mitigation of any adverse environmental impacts; and
9. Provisions which would bring the proposal into compliance with the comprehensive plan policy.
C. The examiner shall have any duties and related authority prescribed to the hearing examiner by this code or other city ordinance.
D. The examiner shall have the power to prescribe rules and regulations concerning procedures for hearings and other proceedings authorized herein, subject to confirmation by the city council, to issue summons for and compel the appearance of witnesses, to administer oaths and to preserve order. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with rules of the examiner. (Ord. 5884 § 5, 2009; Ord. 3728 § 5, 1986.)