21.09.040 City council proceedings.
(a) Actions. Upon receiving a recommendation from the commission or examiner or notice of any other matter requiring the council's attention, the council shall perform the following actions as appropriate:
(1) Make a decision on the commission or examiner's recommendation;
(2) Hold hearings and make decisions based on the appropriate titles and chapters of the city's municipal code on the following:
(A) Appeal of administrative decisions.
(B) Appeal of determinations of significance.
(C) Other matters not prohibited by law.
(b) Decisions. The council shall make its decision by motion, resolution, or ordinance as appropriate.
(1) A decision on a commission's or examiner's recommendation, or following a public hearing, shall include one of the following actions:
(A) Approval as recommended.
(B) Approve with conditions.
(C) Modify; provided, that the modifications do not:
(i) Enlarge the area or scope of the project;
(ii) Increase the density or proposed building size;
(iii) Significantly increase adverse environmental impacts as determined by the SEPA responsible official.
(D) Deny (reapplication or resubmittal is permitted).
(E) Deny with prejudice (reapplication or resubmittal is not allowed for one year).
(F) Remand for further proceedings and/or evidentiary hearings in accordance with Section 21.09.080.
(i) A council decision following a closed record appeal shall include one of the following actions:
a. Approve the appeal in whole or in part.
b. Deny the appeal in whole or in part.
c. Remand for further proceedings and/or evidentiary hearings in accordance with Section 21.09.080.
(ii) The following decisions are legislative and are not subject to the procedures in this title, unless otherwise specified:
a. Zoning code text and zoning district boundary amendments;
b. Adoption of development regulations and amendments;
c. Area-wide rezones to implement new city policies;
d. Adoption of the comprehensive plan and any amendments thereto; and
e. Annexations.
(c) Council Enactments Not Restricted. Nothing in this title or the permit processing procedures shall limit the authority of the council to make changes to the city's municipal code or development regulations (RCW 36.70B.020(4)). (Ord. 2174, § 2 (Exh. A), 2022; Ord. 1641, § 30, 2004.)