20.35.340 Hearing Examiner recommendation.
A. Criteria for Recommendation. The Examiner shall recommend approval or approval with conditions or modification if the applicant has demonstrated that the proposal complies with the applicable decision criteria of the Bellevue City Code. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the Hearing Examiner shall recommend denial of the application.
B. Limitation on Modification. If the Hearing Examiner recommends a modification which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to LUC 20.35.335, the Hearing Examiner shall conduct a new hearing on the proposal as modified.
C. Conditions. The Hearing Examiner may include conditions to ensure the proposal conforms to the relevant decision criteria.
D. Written Recommendation of the Hearing Examiner. The Hearing Examiner shall within 10 working days following the close of the record distribute a written report including a recommendation on the public hearing. The report shall contain the following:
1. The recommendation of the Hearing Examiner; and
2. Any conditions included as part of the recommendation; and
3. Findings of facts upon which the recommendation, including any conditions, was based and the conclusions derived from those facts; and
4. The date on which the matter has been scheduled for consideration by the City Council.
E. Distribution. The Office of the Hearing Examiner shall mail the written recommendation, bearing the date it is mailed, to each person who participated in the public hearing. (Ord. 6673, 8-1-22, § 7; Ord. 4972, 3-3-97, § 3)