23.76.056

A. The Council's decision to approve, approve with conditions, remand, or deny the application for a Type IV Council land use decision shall be based on applicable law and supported by substantial evidence in the record established pursuant to Section 23.76.054 . An appellant bears the burden of proving that the Hearing Examiner's recommendation should be rejected or modified. B. The Council shall adopt written findings and conclusions in support of its decision regarding Type IV Council land use decisions. C. To the extent such information is available to the Council, the decision should contain the name and address of the owner of the property at issue, of the applicant, and of each person who filed an appeal of the Hearing Examiner's recommendation with the Council, unless such person abandoned the appeal or such person's claims were dismissed before the hearing. D. Any Type IV Council land use decision shall be final and conclusive unless Council retains jurisdiction or the decision is reversed or remanded on judicial appeal or appeal to the Shorelines Hearings Board. Any judicial review of a decision shall be commenced as provided by state law, and an appeal of a decision concerning personal wireless service must be commenced within 30 days of issuance of the decision. E. The City Clerk shall promptly transmit a copy of the findings, conclusions and decision, and ordinance if applicable, to the Director, the Hearing Examiner, and all parties of record. The Director shall be bound by and incorporate the terms and conditions of the Council's decision in permits issued to the applicant or on approved plans. F. Re-application Rules. If an application for a Type IV Council land use decision is denied with prejudice by the Council, no application for the same or substantially the same decision shall be considered until 12 consecutive months have passed since the filing of the denial of the application. After 12 months, the Council shall consider an application for the same decision only if the applicant establishes that there has been a substantial change of circumstances pertaining to a material issue. G. Type IV Council land use decisions are quasi-judicial decisions of the City Council and are not subject to mayoral approval or disapproval. (Ord. 124378 , § 85, 2013; Ord. 123913, § 31, 2012; Ord. 122497 , § 11, 2007; Ord. 120928 § 43, 2002; Ord. 118181 § 7, 1996; Ord. 118012 § 49, 1996; Ord. 117789 § 12, 1995; Ord. 112522 § 2(part), 1985)