Chapter 15.04
PURPOSE AND APPLICABILITY

Sections:

15.04.010    Purpose.

15.04.020    Master ordinance.

15.04.030    Actions exempt from procedural requirements.

15.04.040    Special circumstances.

15.04.010 Purpose.

The purpose of the ordinance codified in this title is to implement certain state requirements contained in Chapter 36.70B RCW, Local Project Review, to provide a master procedural ordinance for land use applications within the city of Everett, and to provide public notice and related procedures for certain legislative actions pertaining to land use. The ordinance codified in this title shall be referred to as the “City’s Local Project Review Procedures Ordinance.” (Ord. 2530-01, Ch. 1 § 1, 2001)

15.04.020 Master ordinance.

This title shall apply to all land use permit applications determined to be complete on or after the effective date of the ordinance codified in this title, unless exempted in part or in total herein. Notwithstanding any provisions of any other city ordinance or regulation, the provisions of this title shall control. The director is authorized to promulgate rules for the implementation and administration of this title. The director is authorized to reconcile any inconsistency between the requirements of this title and any city regulations not addressed in whole or in part by the provisions of this title. (Ord. 2530-01, Ch. 1 § 2, 2001)

15.04.030 Actions exempt from procedural requirements.

A.    Exemptions. The project permit procedural requirements of this title, including the procedures for notice of completeness, notice of application, and notice of decision, shall not apply to Review Process I, V, or VI decisions or to building and other construction permits. Specifically exempted from these procedural requirements and the requirements of RCW 36.70B.060 through 36.70B.090, and RCW 36.70B.110 through 36.70B.130 are:

1.    The adoption or amendment of a comprehensive plan, subarea plan, or development regulation or any other legislative action adopting, accepting, or authorizing a plan, regulation, or public project;

2.    Lot line or boundary adjustments, street vacations and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review under Chapter 43.21C RCW or for which environmental review has been completed in connection with other project permits;

3.    City council quasi-judicial decisions on land use permits;

4.    The approval of final subdivisions and final approval of resolution of intent to rezone; and

5.    Conceptual site plan review and other preapplication processes that occur prior to submittal of a complete application for a land use permit.

B.    Building and Other Construction Permits. Building and construction permits are not governed by this title, except in the unusual situation where they are not categorically exempt or prior environmental review has not been completed on the project, or where an applicant has opted for the individual option under Section 15.20.060 to consolidate review of land use permits and all other city permits. (Ord. 2530-01, Ch. 1 § 3, 2001)

15.04.040 Special circumstances.

The city has determined that the following permits present special circumstances that warrant a different review process than that provided in RCW 36.70B.060 et seq.:

A.    Review Process VA. Adoption of a “planned development” overlay zone or a rezone or other zoning revision that is not of area-wide significance or general applicability, or other quasi-judicial permit decisions, which provide for a public hearing or meeting before the planning commission and an open public hearing before the city council.

B.    Review Process VB. A decision on proposed demolition of a structure listed in the Everett register of historic places or property within an Everett register historic district only which provides for a public hearing or meeting before the historic commission and an open public hearing before the city council.

C.    Review Process VI. A decision by city council to approve a final approval of resolution of intent to rezone. (Ord. 3619-18 § 1, 2018: Ord. 2530-01, Ch. 1 § 4, 2001)