Chapter 19.04A PROCEDURES

The purpose of this chapter is to establish procedures for processing project permit applications and for adopting and amending comprehensive plans and development regulations. These procedures are intended to promote land use decisions that further the goals and policies of the comprehensive plan. [Ord. 994 § 2, 2020.]

19.04A.020 Delegation of authority.

Wherever this title refers to any of the following agents or any other agents of authority in the city, such agent may delegate the agent’s authority in the implementation of this title to another competent agent acting in the agent’s behalf. [Ord. 994 § 2, 2020.]

19.04A.030 Planning agency identified.

The planning agency (Chapter 35A.63 RCW) for the city shall be composed of the following:

(A) The designated official;

(B) The building official;

(D) The hearing examiner;

(E) The planning commission; and

(F) The city council. [Ord. 994 § 2, 2020.]

19.04A.040 Compliance with this title required.

(A) All land uses, activities, construction, clearing, grading, filling, development, and structural modifications or alterations shall comply with this title and with all permits and approvals granted for the use, activity, construction, clearing, grading, filling, development, intensification, or structural modifications or alterations. Except as required by state law, no permit or approval shall be issued for any parcel of land developed or divided in violation of this title.

(B) All divisions of land shall comply with this title. Any portion of a lot or lots that was used to calculate compliance with this title, standards, or regulations shall not be subsequently subdivided or segregated from such lot or lots or sold or transferred separately from such lot or lots.

(1) Any person violating any provisions of this title shall be subject to Chapter 19.11 GFMC, Enforcement.

(2) Any building, structure, development, activity, land use, or division of land not in conformance with this title, and not a legal nonconformance or exempted by a policy governing existing nonconforming structures or uses, is declared to be unlawful, substandard, and a public nuisance, and is subject to the enforcement and abatement provisions in Chapter 19.11 GFMC, Enforcement. [Ord. 1030 § 2, 2022; Ord. 994 § 2, 2020.]

19.04A.050 Effect of decisions.

(A) No Occupancy or Use of Property Until Requirements Fulfilled. Issuance of a land use permit authorizes the recipient to commence construction activity, subject to obtaining appropriate building permits, designed to support the approved land use. Actual commencement of the approved land use may not occur until all requirements of the permit have been satisfied.

(B) Transfer of Permit and Permit Applications on Successors and Assigns. Active land use permits and pending land use permit applications, including subdivisions, run with the land and therefore are transferable to new owners.

(C) Reapplication Following Denial of Permit. Whenever a land use permit or a variance is denied, such action may not be reconsidered for a period of one year from the date of denial unless the applicant clearly demonstrates that:

(1) The zoning classification or relevant development standards have changed;

(2) New information is available that could not with reasonable diligence have been presented at a previous hearing; or

(3) The project is modified in such a manner so as to correct the defects on which the original denial was based. [Ord. 994 § 2, 2020.]

19.04A.060 Official file.

(A) The designated official and/or city clerk shall compile an official file on each application filed containing the following:

(1) The application materials submitted by the applicant.

(2) Any staff reports prepared.

(3) All written testimony received on the matter.

(4) The electronic recording and minutes of any public hearing on the matter.

(5) The decision of the permit-granting authority on the permit.

(6) Any other information relevant to the matter.

(7) Certification of publication, and a copy of the mailed notification and the date of mailing.

(B) The official file is a public record. It is available for inspection and copying in City Hall during regular business hours, though availability may be temporarily restricted during or prior to public hearings while staff is preparing for the hearing.

19.04A.070 Acknowledgment of owner.

(A) All applications shall be signed by the property owner or an authorized representative and shall include an accurate description of the property to be subject to the requested permit.

(B) A developer shall operate under the property owner’s authority.

(C) The developer and/or property owner is either an individual or a duly formed and qualified corporation, partnership or other legal entity.

(D) The person signing all applications or other legal documents is authorized by the legal entity and/or property owner to do so. [Ord. 994 § 2, 2020.]

Article II. General Review Procedures

19.04A.110 Purpose.

The purpose of this article is to provide general procedures for the review of development applications. Detailed administrative review procedures for applications and land use actions classified as Types I through IV are outlined in Chapter 19.04B GFMC. [Ord. 994 § 2, 2020.]

19.04A.120 Environmental review.

Environmental review is conducted pursuant to GFMC 19.07.010, Environmental review (SEPA). [Ord. 994 § 2, 2020.]

19.04A.130 Construction plan review.

(A) Purpose. The purpose of this section is to establish procedures for reviewing site construction plans for site improvements. Site construction drawings are engineering documents that are required for improvements to a particular site.

(B) Public Works Construction Plan Approval.

(1) Upon receipt of approval of a land use permit or preliminary subdivision, the applicant is required to apply for construction plan approval relating to following elements: on-site and off-site stormwater management, erosion control measures, public road and frontage improvements, dedication or deeding of right-of-way, street trees and other required landscaping elements, utilities, and any other improvement related to the development.

(2) The application for construction plan approval shall include a completed construction plan review application form, plans and materials as outlined in the construction plan submittal checklist, and fee as set by council.

(3) The applicant is required to obtain approvals from the postmaster and utility purveyors.

(4) Following approval of the construction plans and prior to any site work, the applicant shall schedule a preconstruction meeting with the public works department. All contractors, subcontractors and utility representatives are to meet to discuss and identify how they will address any issues related to the construction activity and minimizing impacts to the neighborhood and nearby facilities.

(5) Pursuant to GFMC 19.04D.210(A), the city may require a performance security to be in place before construction activities are commenced. Any performance security shall be based on an engineer’s estimate of the work to be performed.

(C) Public Improvements Required Before Occupancy. No final plat approval or certificate of occupancy shall be issued unless the required public improvements have been installed and accepted by the public works department or the applicant has provided a completion security pursuant to GFMC 19.04D.210(D) to ensure that all required public improvements will be completed and accepted within 12 months after final plat approval. Replacement trees to be located on public property must be planted prior to final plat approval. Replacement trees to be located on a private lot must be installed prior to issuing a final inspection or certificate of occupancy for that lot.

(D) Dedication of Public Stormwater Facilities. Stormwater facilities shall be the responsibility of the homeowners association at the time of final plat approval. Multifamily, commercial, and industrial stormwater facilities remain the responsibility of the property owner(s).

(E) Maintenance of Dedicated Facilities until Acceptance. Facilities intended to be dedicated to the city shall be maintained by the owner until such time as the dedication is accepted by the city.

(F) Protection against Defects.

(1) Whenever public improvements are to be dedicated to the city, the developer shall post a maintenance bond or other sufficient surety pursuant to GFMC 19.04D.210(D) to guarantee that the developer will correct all defects in such facilities or improvements that occur within two years after the acceptance of dedication of the improvements.

(2) An architect or engineer retained by the developer shall certify to the city that all facilities and improvements to be dedicated to the city have been constructed in accordance with the approved construction plan and the requirements of this chapter. This certification shall be a condition precedent to acceptance by the city of the offer of dedication of such facilities or improvements.

(3) For purposes of this section, the term “defects” refers to any condition that requires repairs over and above the normal amount of maintenance required for a particular improvement.

(G) Authorizing Use and/or Occupancy before Completion of Development under Land Use Permits. When weather conditions or other factors beyond the control of the applicant (exclusive of financial hardship) make it unreasonable for the applicant to comply with all of the requirements of the permit (exclusive of subdivision approvals), the designated official may authorize the commencement of the intended use or the occupancy of buildings, if the permit recipient provides a performance bond or other security to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months) and if the building official finds that such occupancy will not result in a safety or health hazard. [Ord. 994 § 2, 2020.]

19.04A.140 Building and construction permit review.

Procedures and requirements for administering and enforcing building and construction codes are set forth in GFMC Title 15. [Ord. 994 § 2, 2020.]

19.04A.150 Phasing development.

(A) Projects may be completed in phases, provided the phasing meets the requirements of this section.

(B) The developer shall submit site plans that clearly show the various phases or stages of the proposed development and the requirements of this title that will be satisfied with respect to each phase or stage.

(C) Each phase must stand on its own in terms of meeting the requirements of the permit and this title. For example, improvements necessary to support Phase 1 cannot be deferred to be constructed at Phase 2.

(D) The circulation pattern at the end of each phase must result in a configuration that does not create traffic hazards and that adequately supports the level of traffic anticipated to be generated. [Ord. 994 § 2, 2020.]

19.04A.160 Post-annexation processing of building and related permits and land use applications.

(A) The purpose of this section is to clearly state the process for processing of permits in newly annexed areas consistent with any adopted interlocal agreements.

(B) The city will honor subdivisions, short plats, and other projects that have already vested under Snohomish County development standards pursuant to this section.

(C) The county will continue the building permit review and project inspections of vested active projects and active land use permits pursuant to any adopted annexation interlocal agreement.

(D) After the effective date of an annexation, all new land use and building applications not previously vested shall conform to city regulations, and all plan reviews and inspections will be conducted by the city.

(E) Transfer by Request of an Applicant. An applicant may request a transfer of a pending building permit application from the county to the city by submitting a written request to the city. The city will recognize any intermediate approvals that are effective prior to transfer of the permit application.

(F) Permit Renewal or Extension. After the effective date of annexation, any request to renew a building permit or to renew or extend a land use permit issued by the county in the annexation area shall be made to and administered by the city and subject to the provisions of GFMC 19.04A.250.

(G) Applicant-Requested Change to County Vested Project or County Approved Land Use Permit. Once permit processing has been transferred to the city pursuant to subsections (C) and (D) of this section, or a permit has been approved by the county pursuant to an adopted annexation interlocal agreement, an applicant may request a change to a permit from the city in compliance with the requirements within the applicable code section. Administrative modifications will be pursuant to county code; all other modifications will be pursuant to city code.

(H) Expiration of County Vested Permits. The vested status of permits in an annexation area which vested in the county before the effective date of the annexation shall expire pursuant to the county code. If the county code does not specifically address expiration, then GFMC 19.04A.250 shall govern expiration of vested status. [Ord. 994 § 2, 2020.]

19.04A.170 Public works standards.

The public works standards are located in Chapter 12.05 GFMC. [Ord. 994 § 2, 2020.]

19.04A.180 Security mechanisms.

Security mechanisms are located in GFMC 19.04D.200 and 19.04D.210. [Ord. 994 § 2, 2020.]

Article III. Administrative Review Procedures

19.04A.205 Purpose.

It is the intent of this article to provide the administrative review procedures for applications and land use actions classified as Types I through IV. [Ord. 994 § 2, 2020.]

19.04A.210 Types of review.

(A) The purpose of this section is to provide an overview of the four levels of land use review. Land use and development decisions are classified into four processes based on who makes the decision, the amount of discretion exercised by the decision maker, the level of impact associated with the decision, the amount and type of input sought, and the type of appeal opportunity.

(B) Classification of Permits and Decisions.

(1) Type I Review – Administrative Decisions without Notice. A Type I process is an administrative review and decision by the appropriate department or division. Applications reviewed under the Type I process are minor administrative decisions and are exempt from certain administrative procedures, such as complete application review, noticing, and decision time frames. Appeals of Type I decisions are made to the hearing examiner, except shoreline permit appeals are made to the Shoreline Hearings Board. The permits and actions reviewed and decided as Type I are listed in the table in subsection (D) of this section.

(2) Type II Review – Administrative Decisions with Notice. A Type II process is an administrative review and decision with recommendation from staff, city departments or others and requiring public notice at the application and/or decision stages of the review. Appeals of Type II decisions are made to the hearing examiner, except shoreline permit appeals are made to the Shoreline Hearings Board. The permits and actions reviewed and decided as Type II are listed in the table in subsection (D) of this section.

(3) Type III Review – Quasi-Judicial Decisions – Hearing Examiner. This Type III process is a quasi-judicial review and decision by the hearing examiner. The hearing examiner makes a decision based on a staff report. A public meeting may be held prior to the hearing examiner hearing with the planning commission. The hearing examiner considers public testimony received at an open record public hearing. Public notification is provided at the application, public hearing, and decision stages of application review. Appeals of hearing examiner decisions are made to Snohomish County superior court, except shoreline permit appeals are made to the Shoreline Hearings Board. The permits and actions reviewed and decided as Type III are listed in the table in subsection (D) of this section.

(4) Type IV Review – Legislative Decisions – City Council with Planning Commission Recommendation. A Type IV review is for legislative and/or non-project decisions by the city council under its authority to establish policies and regulations regarding future private and public development and management of public lands. The planning commission makes a recommendation to the city council. The planning commission will conduct a public hearing to obtain public testimony on the proposed legislation. The city council may elect to conduct an additional public hearing. The actions reviewed and decided as Type IV are listed in the table in subsection (D) of this section.

(C) Permits and Actions Not Listed. If a permit or land use action is not listed in Table 19.04A-I, the designated official shall make the determination as to the appropriate review procedure.

(D) Permit-Issuing Authority and Appeal Authority. The permit-issuing authority and appeal authority for permit applications and legislative actions are established in Table 19.04A-I. A detailed explanation for each review procedure is in Chapter 19.04B GFMC under each article for each review type. Any inconsistency in classification of permits and decisions between Table 19.04A-I and this title, Table 19.04A-I shall govern.

Table 19.04A-I: Classification of Permits and Decisions
Type of Application	Public Comment/ Notice Period	Pre-Application Meeting	Public Meeting/ Recommendation	Open Record Hearing	Decision	Open Record Appeal	Closed Record Appeal	Non-City or Judicial Appeal
Type I:
Grading permit and sign permit	No	No	No	No	DO	HE	No	Yes
Home occupation permit and day care facilities	No	No	No	No	DO	HE	No	Yes
Accessory dwelling unit	No	No	No	No	DO	HE	No	Yes
Parcel combination	No	No	No	No	DO	HE	No	Yes
Boundary line adjustment	No	No	No	No	DO	HE	No	Yes
Administrative deviation, modifications and interpretation	No	No	No	No	DO	HE	No	Yes
Floodplain development permit	No	No	No	No	DO	HE	No	Yes
Small cell WCF; collocated WCF; minor modifications	No	No	No	No	DO	HE	No	Yes
Temporary permits	No	No	No	No	DO	HE	No	Yes
Change of use	No	No	No	No	DO	HE	No	Yes
Final short plat	No	No	No	No	DO	HE	No	Yes
Minor amendments to administratively approved permits	No	No	No	No	DO	HE	No	Yes
Type II:
Flood hazard variance*	14-day NOA or NOH	No	No	No	DO*	HE	No	Yes
Sensitive area reasonable use allowance*	15-day NOA or NOH	No	No	No	DO*	HE	No	Yes
Short plat	15-day NOA	DO	No	No	DO and PWD	HE	No	Yes
Binding site plan	10-day NOA	DO	No	No	DO	HE	No	Yes
Site plans	15-day NOA	DO	Yes	No	DO	HE	No	Yes
Shoreline substantial development permit	30-day NOA 15-day NOH	No	No	No	DO	HE	No	Yes
Plat alterations to subdivision and PRDs	10-day NOA	DO	No	No	DO	HE	No	Yes
Plat vacations	10-day NOA
SEPA determination	14 days (post determination)	No	No	No	DO	HE	No	Yes
Concurrency evaluation	None	No	No	No	DO	HE	No	No
Administrative conditional use and variances	15-day NOA	DO	No	No	DO	HE	No	Yes
Final plat	10-day NOA	No	No	No	CC	No	No	Yes
Minor amendments to Type III permits	10-day NOA	No	No	No	DO	HE	No	Yes
Type III:
Conditional use permit and variances	15-day NOA 10-day NOH	No	No	HE	HE	No	No	Yes
Preliminary plat	15-day NOA 10-day NOH	DO	PC	HE	HE	No	No	Yes
Shoreline CUP	30-day NOA plus 15-day NOH	No	No	HE	HE	No	No	Yes
Shoreline variance	30-day NOA plus 15-day NOH	No	No	HE	HE	No	No	Yes
WCF: Monopole	15-day NOH	DO	PC	HE	HE	No	No	Yes
WCF: Small cell architectural design deviation request	15-day NOH	DO	PC	HE	HE	No	No	Yes
Official site plan for manufactured home parks, PRD, and residential condominiums	15-day NOA 10-day NOH	DO	PC	HE	HE	No	No	Yes
Day care centers	15-day NOA 10-day NOH	DO	No	HE	HE	No	No	Yes
Major amendments to Type III permits	15-day NOA 10-day NOH	DO	No	HE	HE	No	No	Yes
Type IV:
Comprehensive plan amendment	NOA 10-day NOH	None	Yes	PC++	PC recommendation** 10-day NOH	No	No	Yes
Development regulations amendments	NOA 10-day NOH	None	No	PC++	PC recommendation CC decision	No	No	Yes
Annexation	15-day NOA 10-day NOH	DO, CE	No	CC/SCBRB	CC/SCBRB	No	No	Yes
Vacations of streets and alleys	10-day NOH	CE	No	CC	CC	No	No	Yes
Development agreement***	10-day NOH	No	No	CC	CC	No	No	Yes
Zoning map amendment	10-day NOH	DO	No	PC	CC	No	No	Yes
CC City Council				NOH Notice of Hearing (per GFMC 19.04A.260)
CE City Engineer				PC Planning Commission
DO Designated Official				PWD Public Works Director
HE Hearing Examiner				SCBRB Snohomish County Boundary Review Board
NOA Notice of Application (per GFMC 19.04B.225)				WCC Wireless Communications Facilities

* The designated official shall have the option of referring the application to the hearing examiner for a public hearing and decision. In this case, an appeal of the hearing examiner’s decision shall be heard in a closed record appeal as a judicial appeal.

** Either the planning commission or the city council may opt to hold one or more workshops or joint workshops on an application.

*** Planning commission review is not required for this type of action. City council will be the sole reviewing body.

++ The city council may opt to hold the required public hearing(s).

(E) Associated Land Use Determinations. Associated land use determinations are decisions that need to be made as part of another land use action or permit review, as set forth in Table 19.04A-II. Each type of determination has a separate review process determined by the designated official or public works director.

Table 19.04A-II: Associated Land Use Determinations

Associated Land Use Determinations

•

Public works standards street deviations

•

Miscellaneous administrative determinations (e.g., application requirements, waiver allowed by code in parking or landscaping, etc.)

•

Underground utility deviations

[Ord. 1020 § 1 (Att. A), 2022; Ord. 994 § 2, 2020.]

19.04A.215 Land use permits required.

(A) Prior to building construction or alteration, substantial change of use, land clearing, or grading, the property owner is required to obtain applicable permits.

(B) Whenever a proposed project requires more than one land use permit, the permits will be processed simultaneously using the consolidated permit process specified in GFMC 19.04A.220(G). [Ord. 994 § 2, 2020.]

19.04A.220 Application procedures.

(A) This section describes the requirements for making application for review, including pre-application conferences, submittal requirements, and fees.

(B) Applications for development permits and other land use actions shall be made to the city clerk, except Type I applications shall be made to the department which has the decision-making authority (see GFMC 19.04A.210(D)).

(C) The property owner or any agent of the owner with authorized proof of agency may apply for a permit or approval under the type of process specified. Consent to the application must be made by the owners or lessees of property or persons who have contracted to purchase property. Signatures by agents of these parties may be accepted, if a letter from the party with ownership interest is submitted which authorizes the agent to sign the application in their name.

(D) Pre-Application Conferences.

(1) To achieve efficient and effective application of the requirements of this title, a pre-application conference between the applicant and the city staff is required for projects identified in Table 19.04A-I.

(2) Pre-application conferences are highly recommended for applications requiring Type II, III, and IV reviews which are not identified as requiring one under Table 19.04A-I. Pre-application conferences are optional for applications requiring Type I reviews.

(3) Prior to submitting an application, the applicant may arrange a conference with designated official staff to review the proposed action, to become familiar with city policies, plans and development requirements and to coordinate all necessary permits and procedures. Pre-application procedures and submittal requirements shall be determined by the designated official and available in City Hall.

(4) Since it is impossible for the conference to be an exhaustive review of all potential issues, the discussions at the conference shall not bind or prohibit the city’s future application or enforcement of all applicable law.

(5) To request a pre-application conference, an applicant shall submit a set of preliminary plans to the city. The amount and quality of the information submitted is up to the applicant; however, better information provided initially is more likely to result in better feedback and discussion with staff. At a minimum, the plans should include a basic layout of the proposal, including circulation, lot patterns and building locations, location of critical areas, and other site constraints.

(E) Submittal Requirements.

(1) Consistent with this code, the designated official shall specify submittal requirements, including type, detail, and number of copies, for an application to be complete. Submittal requirements for each permit application shall be available in City Hall. At a minimum, the following shall be submitted with new applications:

(a) General application form;

(b) Environmental checklist (if not exempt);

(d) All required items stated in the applicable development handouts.

(2) The designated official may waive in writing specific submittal requirements determined to be unnecessary for review of an application. Alternatively, the designated official may require additional material, such as maps, studies, or models, when the designated official determines such material is needed to adequately assess the proposed project and submits the request in writing to the applicant.

(F) Determination of Complete Application.

(1) The presumption established by this title is that all of the information set forth in the specified submittal checklists is necessary to satisfy the requirements of this section. However, each development is unique, and therefore the designated official may request additional information, if necessary, or may waive certain items if it is determined they are not necessary to ensure that the project complies with city requirements.

(2) The designated official shall make a determination of completeness pursuant to GFMC 19.04A.230(C).

(G) Consolidated Permit Process.

(1) When applying concurrently for a development that involves two or more related applications, individual permit numbers shall be assigned and separate permit fees shall be paid, but the applications may be reviewed and processed collectively at the applicant’s request. A consolidated report setting forth the recommendation and decision shall be issued.

(2) Applications processed in accordance with subsection (G)(1) of this section, which have the same highest-numbered procedure but are assigned different hearing bodies, shall be heard collectively by the highest decision maker(s). The city council is the highest, followed by the hearing examiner and the planning commission.

(3) No hearing or deliberation upon an application for a conditional use permit, subdivision, variance, residential development, site development plan review, administrative conditional use permit, shoreline permit, or similar quasi-judicial or administrative action which is inconsistent with the existing zoning map shall be scheduled for the same meeting at which the required zoning map amendment will be considered by the appropriate hearing body. This section is intended to be a procedural requirement applicable to such actions as noted in RCW 58.17.070.

(H) Application and Inspection Fees. Fees are set forth in a separate fee resolution adopted by the city council. [Ord. 994 § 2, 2020.]

19.04A.225 Noticing requirements.

(A) Mailed Notices.

(1) Mailings shall include a mailed notice to owners of real property within 300 feet of the project site, including the project name and number and the following information. Mailings may provide a website address where detailed information is available for viewing. Mailings shall include the following information or internet addresses to the following information:

(a) The date of application and the date of the notice of application;

(b) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;

(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

(e) A statement of the limits of the public comment period;

(f) A statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a hearing, if applicable, request a copy of the decision once made, and any appeal rights;

(g) The date, time, place and type of meeting or hearing, if applicable and if it is scheduled at the date of notice of the application;

(h) A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation;

(i) A map depicting the boundaries of the project site and, when applicable, a site map showing the proposal or website address where maps can be viewed;

(j) A statement announcing the city’s goal of complying with the intent of the Americans with Disabilities Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD services;

(k) Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.

(2) Mailings will be sent to adjacent jurisdictions if the proposed development is within one-quarter mile of the jurisdiction’s boundary; the State Department of Transportation if the proposed development is adjacent to a state highway; and to all other agencies with jurisdiction.

(3) Mailings shall also include the mailed or emailed notice of application including at least the information required in subsection (A)(1) of this section to each person who has requested such notice.

(4) No proceeding of any procedure established in this chapter shall be found to be invalid for failure to provide mailed notice as required in this section as long as the other methods of notice have met their respective requirements and there was a good faith attempt to comply with the mailed notice requirements.

(5) The records of the Snohomish County assessor’s office or title company shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the Snohomish County real property tax records.

(6) All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.

(B) Posted Notices.

(1) On-Site Posting. At least one public notice board shall be posted on the site on each public right-of-way fronting on the site. The sign shall be erected in a manner that is accessible and easy to read by the general public. The designated official shall establish standards for size, color, layout, design, wording and placement of the notice boards, which generally shall consist of the items listed in subsection (A)(1) of this section. The designated official and/or city clerk will prepare signs for on-site posting and post the site. A signed affidavit of on-site posting with a photo of each on-site notice is required.

(2) Public Posting. A public notice shall also be posted on the official notice board at City Hall, the library, and the post office.

(C) Published Notice. When required, the applicable department director shall publish a notice at least once in a newspaper of general circulation in the city. At a minimum, the notice shall contain the following information (specific state or federal laws may require certain items contained on a public notice):

(1) The name of the applicant;

(2) Date of application;

(3) The date of the letter of completeness;

(4) The location of the project;

(5) A project description;

(6) The requested approvals, actions, and/or required studies;

(7) A public comment period not less than 14 nor more than 30 days. The length of the comment period will be based on complexity of the project, as determined by the designated official;

(8) Identification of existing environmental documents;

(9) A city staff contact and phone number;

(10) The date, time, and place of a public hearing if one has been scheduled.

(D) Responsibility for Notice. The designated official and/or city clerk is responsible for providing published legal notices, mailed notices, and posted notices. The applicant is responsible for complying with on-site posted notice requirements. [Ord. 994 § 2, 2020.]

19.04A.230 Time frames for review.

(A) Purpose. RCW 36.70B.070 and 36.70B.080 require time frames be established to ensure applications are reviewed in a timely and predictable manner. This section establishes the time frames and procedures for a determination of completeness and final decision for Type II, III, or IV reviews. No time frames are established by these statutes for Type I or IV reviews.

(B) Computing Time. Unless otherwise specified, all time frames are indicated as calendar days, not working days. For the purposes of computing time, the day the determination or decision is rendered shall not be included. The last day of the time period shall be included; provided, that if it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the time period concludes at the end of the next business day.

(C) Complete Application Review Time Frame. The following procedures shall be applied to new applications requiring Type II and III reviews. Applications requiring Type I or IV review are excluded from this requirement.

(1) Within 28 days after receiving an application, the designated official and/or city clerk shall mail, email, fax, or otherwise provide to the applicant a written determination that the application is complete, or that the application is incomplete, and what is necessary to make the application complete. The applicant has 90 days to submit the necessary information to the city.

(2) If the designated official does not provide a written determination within the 28 days, the application shall be deemed complete at the end of the twenty-eighth day.

(3) If additional information is needed to make the application complete, the designated official shall notify the applicant whether the application is complete or what additional information is necessary within 14 days after an applicant has submitted the information identified by the designated official as being needed.

(4) An application is complete for purposes of this section when it meets the submittal requirements established by the designated official and is sufficient for continued processing, even though additional information may be required, or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the designated official from requesting additional information or studies either at the time of the notice of completeness or subsequently, if new information is required to complete review of the application or substantial changes in the permit application are proposed.

(5) To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination of completeness required by subsection (C)(1) of this section.

(D) Application Review and Decision Time Frame.

(1) Decisions on Type II and III applications shall not exceed 120 days, unless the designated official makes written findings that a specified amount of additional time is needed for processing of a specific complete project application. Applications for developments that are complex or that have extensive or difficult issues may take additional time. The applicant and the city may agree in writing to extend the time period.

(2) Preliminary Plats. Pursuant to RCW 58.17.140, preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date of filing thereof unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3). The 90-day period shall not include the time spent preparing and circulating an environmental impact statement by the local governmental agency.

(3) Final Plats and Short Plats. Pursuant to RCW 58.17.140, final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(4) Appeals. The time period for consideration and decision on appeals shall not exceed 90 days for an open record appeal hearing and 60 days for a closed record appeal. The parties may agree in writing to extend these time periods. Any extension of time mutually agreed upon by the applicant and the city shall be in writing.

(5) Exemptions. The time limits established in this section do not apply if a project permit application:

(a) Requires an amendment to the comprehensive plan or a development regulation;

(b) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;

(d) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.

(E) Calculating Decision Time Frame. In determining the number of days that have elapsed after the city has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of final decision, the following periods shall be excluded:

(1) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. If the city determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city;

(2) Any period during which an environmental impact statement is being prepared following a determination of significance (DS) pursuant to Chapter 43.21C RCW, or if the city and the applicant in writing shall agree to a time period for completion of an environmental impact statement;

(3) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed; or

(4) Any extension of time mutually agreed upon by the applicant and the city.

(F) Possible Extension of Time for Final Decision. If the city is unable to issue a final decision within the time limits provided herein, the applicant shall be provided written notice of this fact. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. [Ord. 994 § 2, 2020.]

19.04A.240 Vacation of approved permits and variances.

(A) Requests to vacate a permit or variance shall be made in writing to the city clerk.

(B) The designated official may vacate the permit or variance if the following conditions are present:

(1) The use authorized by the permit or variance does not exist and is not actively being pursued; or

(2) The use has been terminated and no violation of the terms and the conditions of the variance or permit exists.

(C) Vacation of any permit or variance shall be documented by the filing of a notice of land use permit or variance vacation with the county auditor on a form provided by the designated official and/or city clerk. [Ord. 994 § 2, 2020.]

19.04A.245 Expiration of inactive applications.

(A) An application shall expire 180 days after the last date that additional information is requested, if the applicant has failed to provide the information, except that:

(1) The designated official may grant one 90-day extension if the following criteria are met:

(a) A written request for extension is submitted at least 30 days prior to the expiration date;

(b) The applicant demonstrates that circumstances beyond the control of the applicant prevent timely submittal of the requested information; and

(2) The department may set an expiration date of less than 180 days when the permit application is the result of a code enforcement action. Permit application expiration does not affect permits under code enforcement action.

(3) No application shall expire when under review by the department following submittal of a complete application or timely resubmittal of an application when all required information has been provided.

(4) The department may extend an expiration date for an application with no written request from an applicant when additional time for city processing or scheduling of appointments is required, when the department needs information or responses from other agencies, or under other similar circumstances.

(B) A permit application approved for issuance, but not paid for and issued, shall expire 90 days after the date it is approved for issuance. [Ord. 994 § 2, 2020.]

19.04A.250 Expiration of approvals and approved permits.

(A) Land use approvals/permits other than subdivisions or shoreline permits shall expire automatically within one year after the issuance of such permits, if:

(1) The use authorized by such permits has not commenced, in circumstances where no substantial construction, excavation or demolition is necessary before commencement of such use; or

(2) Less than 10 percent of the total cost of all construction, excavation or demolition of the approved development has been completed.

(B) Land use permits other than subdivisions shall also expire automatically if construction, grading or excavation is commenced but such work is discontinued for a period of one year.

(1) The designated official may grant one six-month extension to a permit upon showing proper justification, if:

(a) The extension is requested at least 30 calendar days before the permit expires;

(b) The permittee has proceeded with due diligence and in good faith; and

(2) Proper justification consists of one or more of the following conditions:

(a) Economic hardship;

(b) Change of ownership;

(d) Other circumstances beyond the control of the applicant and determined acceptable by the appropriate department director.

(D) Preliminary short subdivision approvals shall expire automatically if, within five years after the issuance of such approvals:

(1) The final plat or short plat has not been submitted to the city for approval; or

(2) An extension has not been granted. The designated official may approve a single one-year original extension to the approval, if:

(a) The request was delivered in writing to the designated official or city clerk at least 30 calendar days prior to the approval’s expiration and meets one of the proper justifications listed in subsection (C)(2) of this section;

(b) The permittee has proceeded with due diligence and in good faith to complete the plat; and

(E) Subdivision approvals shall expire in accordance with subsection (D) of this section.

(F) Construction Plan Approvals.

(1) Construction plans for projects reviewed under the development code shall be approved for a period of 60 months from the date the city signs the plans or until expiration of the preliminary plat, preliminary short plat, binding site plan, conditional use permit, or site development plan approval, whichever is shorter. If the construction plan is not connected to another permit, it shall expire in one year with one six-month extension allowed.

(2) The city may grant an extension of up to 12 months if substantial progress has been made by the applicant to complete construction of the approved project. Extensions shall be considered on a case-by-case basis by the public works director or designee and will require a letter to be submitted to the city requesting the extension at least 30 calendar days prior to the approval’s expiration. Said letter shall demonstrate that the project has made substantial construction progress, the reason for the extension request, and an estimated timeline for completion of construction.

(3) When the approval period or any extension thereof expires, the city’s approval of the construction plans shall be deemed automatically withdrawn. In order to receive further consideration by the city after such expiration and automatic withdrawal, construction plans must be resubmitted and must comply with the current code requirements.

(G) Once the time period and any extensions have expired, approval/permit shall terminate, and the application is void and deemed withdrawn. [Ord. 994 § 2, 2020.]

19.04A.255 Revocation of approved permits.

(A) The hearing entity may revoke an approved permit through the same approval and/or hearing procedures for the original approval.

(B) An approved permit may be revoked only upon finding that:

(1) The use for which the approval was granted has been abandoned for a period of at least one year;

(2) Approval of the permit was obtained by misrepresentation of material fact; or

(3) The permit is being exercised contrary to the terms of approval. [Ord. 994 § 2, 2020.]

19.04A.260 Public meetings and public hearings.

(A) This section sets forth procedures for public meetings and hearings in addition to processes set forth in each of the review types in Chapter 19.04B GFMC.

(B) Public Meetings. The purpose of a public meeting is to provide the public with the opportunity to learn about a project and/or the city, a board or panel, or decision maker to ask questions for a better understanding of a project. Meetings are not as formal as a hearing, do not require public testimony, and are not required to be taped. Public meetings may be required for Type II, III, or IV reviews.

(C) Public Hearings. The purpose of having hearings is to provide decision makers with an opportunity to obtain additional information and to provide the public with an opportunity to introduce that information and to make their views known. Public hearings are required for Type III and IV reviews. When this title or state law requires a hearing, the following shall apply:

(1) A verbatim record shall be kept;

(2) Those present shall be given the opportunity to testify;

(3) The hearing authority shall be allowed to ask questions of those testifying;

(4) The hearing shall be conducted to ensure fairness to all parties;

(5) The hearing authority may subpoena witnesses; and

(6) A hearing may be kept open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six months or more elapses between meeting dates.

(D) Notices of public meetings or hearings shall include the following information:

(1) The date, time, and place of the hearing.

(2) Location of the site.

(3) A brief description of the request, and any proposed modifications or variances.

(4) Applicant’s name.

(5) Project name and file number and a statement of its availability for inspection by the public.

(6) A statement of the right of any person to submit written testimony to the appropriate permit-issuing authority and to appear at the public hearing to give testimony orally.

(7) A statement that only persons who submit written or oral testimony to the permit-issuing authority may appeal the decision.

(8) A statement announcing the city’s goal of complying with the intent of the Americans with Disabilities Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD services.

(E) Burden of Proof/Testimony.

(1) The burden of presenting evidence to the permit-issuing entity sufficient to lead it to conclude that the application should be approved, conditioned, or denied shall be upon the party advancing the position.

(2) All persons in attendance that wish to testify shall be sworn in.

(3) All findings and conclusions necessary to the issuance of a decision shall be based upon reliable evidence.

(F) Joint Public Meetings or Hearings.

(1) Approval Authority’s Decision to Combine Joint Hearing. At the applicant’s request, the approval authority may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as:

(a) The hearing is held within the city limits; and

(b) The requirements of subsection (F)(3) of this section are met. (RCW 36.70B.110(7))

(2) Applicant’s Request for a Joint Meeting or Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. (RCW 36.70B.110(7))

(3) Prerequisites to Joint Public Meeting or Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:

(a) The other agency is not expressly prohibited by statute from doing so (RCW 36.70B.110(8));

(b) Sufficient notice of the meeting or hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule;

(c) The agency has received the necessary information about the proposed project from the applicant in enough time to hold its meeting or hearing at the same time as the local government hearing; and

(d) The meeting or hearing is held within the geographic boundary of the local government.

(G) Record.

(1) Tape recordings shall be made of all hearings required by this title, and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. The written decision of a hearing examiner shall meet the requirement for minutes of the hearing examiner public hearing.

(2) Whenever practicable, all documentary evidence presented at a hearing, as well as all other types of physical evidence, shall be made a part of the record of the proceedings and shall be kept by the city for at least two years. [Ord. 994 § 2, 2020.]

19.04A.265 Appeals.

(A) This section sets forth procedures for appeals, in addition to any specific procedures set forth in each of the review types in Chapter 19.04B GFMC.

(B) Processing of Appeals. Appeals of decisions on project permit decisions shall be processed according to the procedures outlined in each of the review types in Chapter 19.04B GFMC. The decision maker on the appeal may reverse or affirm or modify the decision, if it is found the original decision was based on faulty facts or incorrect application of the law. Any modifications to the decision shall be limited to those necessary to ensure the decision criteria of this title are met.

(C) Effect of Appeal. Decisions on Type I, II and III permits are assumed valid unless overturned by an appeal decision. An appeal stays all actions by the designated official seeking enforcement of or compliance with the order or decision appealed from, unless the designated official finds that a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed except by order of the hearing examiner or a court.

(D) Exhaustion of Administrative Remedies. No action to obtain judicial review may be commenced unless all rights of administrative appeal provided by this title or state law have been exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. A copy of each transcript prepared by an appellant shall be submitted to the city for confirmation of its accuracy.

(E) Consolidated Appeals. All appeals of project permit application decisions, other than an appeal of determination of significance (DS), shall be considered together in a consolidated appeal. (RCW 36.70B.060(6), 43.21C.075) [Ord. 994 § 2, 2020.]

Article IV. Duties, Authorities and Qualifications of Permit-Issuing and Review Bodies

19.04A.310 Purpose.

The purpose of this article is to define the authorities, roles and responsibilities for the positions or entities responsible for administering this title. [Ord. 994 § 2, 2020.]

19.04A.320 Designated official.

(A) The designated official enforces the municipal code unless otherwise specified. As specified in this title, the designated official shall be a city representative.

(B) Authority and Duties. The designated official or designee shall have the authority to enter and inspect buildings and land during reasonable hours, with permission of the occupant or owner or by court order, to issue abatement orders and citations and to cause the termination and abatement of violations of this title unless otherwise specified. The duties of the designated official shall include, but not be limited to, the following: enforce and administer this title unless otherwise specified; investigate complaints and initiate appropriate action; render decisions or make recommendations as specified in this title; and keep adequate records of land use applications, enforcement actions, and appeals. The designated official may also review administrative modifications items previously approved by the planning commission and/or city council.

(C) Appeals. Appeals of final decisions of the designated official made in the course of interpretation or administration of this title shall be governed by GFMC 19.04A.265, Appeals. Code enforcement actions pursuant to GFMC 19.04A.040, Compliance with this title required, are not “final decisions” for the purpose of this section, except as otherwise provided in this title. [Ord. 994 § 2, 2020.]

19.04A.325 Public works director.

The public works director or designee is the administrative head of the public works department. As provided in various sections, the public works director is responsible for planning, administration, enforcement, and decision making as it pertains to public improvements as specified in this title, including the approval of plans for public improvements and approval of public improvements for acceptance by the city, or to delegate such authority to the public works staff or designated official. In delegating authority, the public works director or his or her representative reserves the right of final decision. [Ord. 994 § 2, 2020.]

19.04A.330 Building official.

The office of the building official is established to administer and enforce the building and construction codes. The rules, regulations and procedures under which the building official or designee shall operate are established in GFMC Title 15. [Ord. 994 § 2, 2020.]

19.04A.350 Hearing examiner.

(A) The purpose of establishing a “hearing examiner” is to separate the application of land use regulations from policy making; to provide a level of expertise to conduct administrative and quasi-judicial hearings arising from the application of this title and the rules and procedures developed under it; to better protect and promote the interests of the community; and to expand the principles of fairness and due process in public hearings.

(B) Authority and Duties. The “hearing examiner” shall serve at the pleasure of the mayor. The hearing examiner shall interpret, review and make recommendations on implementation of land use regulations as provided by ordinance and may perform other quasi-judicial functions as are delegated by ordinance. Unless otherwise specified, the term “hearing examiner” shall also mean deputy examiners and examiners pro tem. Hearing examiners shall be appointed based on their qualifications for the duties of the office including education and experience.

(1) Influence and Conflict of Interest. No person, including city officials, elected or appointed, shall attempt to influence the hearing examiner in any matter pending before him/her, except at an open record hearing duly called for such purpose, or to interfere with the hearing examiner in the performance of his/her duties in any way; provided, that this section shall not prohibit the city attorney from rendering legal service to the hearing examiner upon request. The hearing examiner shall be subject to the same code of ethics as set forth in Chapter 42.23 RCW.

(2) Rules. The hearing examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to his/her duties.

(3) Powers. The hearing examiner shall have the authority to:

(a) Review and make decisions on the following land use permit matters pursuant to RCW 35A.63.170:

(i) Conditional use permits;

(ii) Variances;

(iii) Preliminary plats;

(iv) Appeals of administrative decisions or determinations;

(v) Planned residential developments (PRDs);

(vi) Appeals of administrative decisions or determinations pursuant to Chapter 43.21C RCW, the State Environmental Policy Act (SEPA);

(vii) Amortization periods for nonconforming signs;

(viii) Manufactured/mobile home parks;

(ix) Nonconforming use permits; and

(x) Appeals of SEPA determinations of the underlying land use action.

(b) Review and decide civil violations in conjunction with enforcement actions of the city as described in Chapter 19.11 GFMC, Enforcement.

(c) Review and make recommendations to city council regarding a proposed development agreement in compliance with GFMC 19.04C.045.

(d) Hear and make decisions under GFMC 15.04.050 and 15.04.060.

(4) Procedures. The hearing examiner shall:

(a) Receive and examine available information;

(b) Conduct public hearings in accordance with the provisions of this UDC and Chapter 36.70B RCW and ensure that the city makes a recording of the open record hearing;

(d) Issue subpoenas and examine witnesses; provided, that no person shall be compelled to divulge information which he/she could not be compelled to divulge in a court of law;

(e) Regulate the course of the hearing;

(f) Make and enter findings of fact and conclusions to support his/her decisions;

(g) Conduct conferences for the settlement or simplification of the issues;

(h) Conduct discovery;

(i) Dispose of procedural requests or similar matters;

(j) Take official notice of matters of law or material facts;

(k) Issue summary orders in supplementary proceedings; and

(l) Take any other action authorized by or necessary to carry out this chapter;

(m) The above authority may be exercised on all matters for which jurisdiction is assigned to the hearing examiner by city ordinance, code or other legal action of the city council. The nature of the hearing examiner’s decision shall be as specified in this chapter and in each ordinance or code which grants jurisdiction to the hearing examiner. [Ord. 1030 § 3, 2022; Ord. 1007 § 1 (Att. A § 2), 2021; Ord. 994 § 2, 2020.]

19.04A.360 Planning commission.

(A) A planning commission is created by Chapter 2.24 GFMC to involve residents of the city in advising the city council on matters of community development.

(B) Authority and Duties. The planning commission’s authority and duties are provided in Chapter 2.24 GFMC and this section. The planning commission shall serve as an advisory body to the city council in the following respects:

(1) The planning commission may make recommendations to the city council based on its findings and conclusions and on those of its committees. It shall prepare the elements of the comprehensive plan or this title for adoption or modification; advise the council regarding comprehensive land use and development policy or special area concerns; and investigate and make recommendations on matters suggested by the council, the mayor, Granite Falls citizens, or upon its own initiative.

(2) The planning commission shall monitor the growth and development of the city and the areas surrounding the city and shall continually reevaluate and recommend revisions to the elements of the comprehensive plan or land use code.

(C) Public Hearings. The planning commission shall conduct its public hearings under this title in accordance with GFMC 19.04A.260, Public meetings and public hearings. The planning commission may hold additional hearings and meetings as it sees fit to conduct its business.

(D) Quorum. A quorum shall be considered a majority of the currently constituted membership. [Ord. 994 § 2, 2020.]

19.04A.370 City council.

(A) The city council makes decisions on changes to the text of this title and to the official zoning map pursuant to GFMC 19.04C.035.

(B) Authority and Duties. The city council’s authority and duties are provided in Chapter 2.08 GFMC.

(C) Public Hearings. The city council shall conduct its public hearings under this title in accordance with GFMC 19.04A.260.

(D) Public Hearings and Appeals. The city council may hold additional hearings and meetings as it sees fit to conduct its business. [Ord. 994 § 2, 2020.]