20.35.355 City Council decision on the application

20.35.355 City Council decision on the application.

A. General. The City Council shall, at a public meeting, consider and take final action on each Process III application.

B. Elements to Be Considered. The City Council shall not accept new information, written or oral, on the application, but shall consider the following in deciding upon an application:

1. The complete record developed before the Hearing Examiner; and

2. The recommendation of the Hearing Examiner.

C. Decision. The City Council shall either:

1. Approve the application; or

2. Approve the application with modifications; or

3. Remand the application to the Hearing Examiner and the Director for an additional public hearing limited to specific issues identified by the Council; or

4. Deny the application.

1. Conditions. The City Council may, based on the record, include conditions in any ordinance approving or approving with modifications an application in order to ensure conformance with the criteria under which the application was made.

2. Findings of Fact and Conclusions. The City Council shall include findings of fact and conclusions derived from those facts which support the decision of the Council, including any conditions, in the ordinance approving or approving with modifications the application. The City Council may by reference adopt some or all of the findings and conclusions of the Hearing Examiner.

E. Required Vote. The City Council shall adopt an ordinance which approves or approves with modifications the application by a majority vote of the membership of the City Council. Any other vote constitutes a denial of the application.

F. Distribution. The City Clerk shall mail a letter, bearing the date it is mailed, indicating the content of the final decision of the City to any person who participated in the public hearing before the Hearing Examiner on the application.

1. The decision of the City Council on the application is the final decision of the City and may be appealed to Superior Court as provided in LUC 20.35.070.

H. Commencement of Activity. Subject to LUC 20.35.070, the applicant may commence activity or obtain other required approvals authorized by the Process III decision the day following the effective date of the ordinance approving the project or approving it with modifications. Activity commenced prior to the expiration of the full appeal period, LUC 20.35.070, is at the sole risk of the applicant. (Ord. 6731, 3-13-23, § 6; Ord. 6673, 8-1-22, § 9; Ord. 6670, 7-18-22, § 25; Ord. 5481, 10-20-03, § 24; Ord. 4972, 3-3-97, § 3)