Chapter 18.05 ADMINISTRATION AND PROCEDURES

The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development decisions made by the City of Mountlake Terrace. These procedures are intended to:

A. Promote timely and informed public participation;

B. Eliminate redundancy in the application, permit review, and appeals processes;

C. Process permits equitably and expediently;

D. Ensure that decisions are made consistently and predictably; and

E. Result in development that furthers City goals as set forth in the Comprehensive Plan;

F. Ensure that the City’s development regulations remain in compliance with the provisions of Chapter 36.70B RCW.

These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.020 Administration.

The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code.

When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.025 Definitions.

“Applicant” means person(s) seeking development approval from the City.

“Binding site plan” means a type of property division as set forth in Chapter 17.05 MTMC.

“Boundary line adjustment” means the adjustment of a boundary line between existing lots which results in no more lots than existed before the adjustment.

“Building” means a structure having a roof for the shelter of persons or property.

“City” means the City of Mountlake Terrace.

“City Council” means the City Council of the City of Mountlake Terrace.

“Closed record appeal” means an appeal to the appropriate authority, based on the existing record.

“Comprehensive Plan” means the adopted Mountlake Terrace Comprehensive Plan as amended and updated in conformance with the Growth Management Act.

“Comprehensive Plan amendment” means an amendment or change to the text or maps of the Comprehensive Plan.

“Conditional use permit” means a permit as defined in the Zoning Code that allows specific uses following a review to ensure that such use is appropriately designed and located to be compatible with adjacent uses.

“Consolidated project permit application” combines all the development approvals and environmental review for concurrent review and approval.

“Critical areas” means areas of environmental sensitivity, which include the following areas and ecosystems:

A. Wetlands;

B. Areas with a critical recharging effect on aquifers used for potable water;

C. Fish and wildlife habitat conservation areas;

D. Frequently flooded areas; and

E. Geologically hazardous areas.

“Date of decision, effective date” means the date on which final action occurs and from which the appeal period is calculated. Specific ordinances may define effective dates of orders. If the effective date of a decision is in question, the pertinent ordinance shall prevail.

“Director” means the Director of Community and Economic Development or his/her designee.

“Docket” means a list of items to be considered for Comprehensive Plan and Map and Zoning Ordinance and Map updates.

“Effective date” means the date a final decision becomes effective.

“Essential public facilities” means essential public facilities, as defined in RCW 36.70A.200, as now or hereinafter may be amended. Such facilities may be owned or operated by a unit of local, state, or federal government, by a public utility or transportation company, or by any other entity providing a public service as its primary mission; provided, that the facility is either a necessary facility or a component of a necessary system to meet a public need.

“Final decision” means the final action by the City on a permit application.

“Hearing Examiner” means the individual(s) appointed pursuant to MTMC 2.120.030 and empowered to conduct open record hearings or review appeals from orders, recommendations, permits, decisions or determinations made by a City official, applications for variances, and applications for conditional use permits or any other class of applications for or pertaining to development of land or land use.

“Intensity of land use” includes but is not limited to the following: lot coverage by structures or impervious area, trip generation, and need for performance standards to control noise, glare, traffic, air, and water quality.

“Lot consolidation” means the process by which two or more lots are combined into one or more lots. Lot lines are eliminated but none are relocated or moved.

“Open record public hearing” means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information.

“Party of record” means any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the City with a complete address. Persons or entities who signed “form letters” and/or petitions do not become a party of record.

“Person” means any person, firm, business, corporation, partnership of other associations or organizations, marital community, municipal corporation or governmental agency.

“Planned action” means a significant development proposal as defined in RCW 43.21C.031 as amended.

“Planning Commission” means the body appointed pursuant to Chapter 2.55 MTMC.

“Planning Division” means the Planning Division of the Community Development Department.

“Plat” means a map or representation showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

“Plat, final” is the final drawing of the subdivision and dedication prepared for filing of record with the County Auditor, and containing all elements and requirements set forth in Chapter 58.17 RCW and MTMC Title 17.

“Plat, preliminary” is a neat and approximate drawing of a proposed subdivision showing the general layout of streets, private streets, alleys, lots, blocks and other elements of a subdivision consistent with the requirements of MTMC Title 17. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision of five or more lots.

“Plat, short” is the map or representation of a short subdivision.

“Project” means a proposal for development or redevelopment with buildings, structures, or other site improvements.

“Public hearing” means an open record hearing at which evidence is presented and testimony is taken.

“Rezone” means a change in classification from one zoning district to another.

“Secure facilities use permit” means a land use permit for a secure community transition facility, pursuant to Chapter 18.20 MTMC.

“Special use permit – wireless” means a process similar to conditional use permit providing for administrative and Hearing Examiner review for selected wireless communication facilities.

“Structure” means a combination of materials constructed and erected permanently in or on the ground or attached to something having a permanent location on the ground, not including utility poles and related ground- or pad-mounted equipment, residential fences less than six feet high, retaining walls, rockeries and other similar improvements of a minor character less than three feet high.

“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease, or transfer of ownership, except as provided in MTMC 17.01.030(D), and includes all resubdivision of land.

“Use” of property means the purpose or activity for which the land, or building thereon, is occupied, maintained, designed, arranged or intended.

“Variance” means an adjustment in the application of the specific provisions of an ordinance applied to a particular piece of property. A variance may apply to a particular piece of property which, because of its unique physical character, is deprived of privileges commonly enjoyed by other properties in similar circumstances. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.030 Basis.

There are four types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision-making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. (Ord. 2811 § 2 (Exh. 1), 2022).

Article II. Permit Types

18.05.040 Ministerial decisions – Type A.

These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. The decisions made by the Director under Type A actions shall be final. The Director’s decision shall be based upon findings that the application conforms (or does not conform) to all applicable regulations and standards.

An administrative appeal process is not provided for any Type A actions that are categorically exempt from environmental review under Chapter 43.21C RCW. An appeal of any Type A action that requires environmental review shall be filed in conjunction with MTMC 16.05.140. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.050 Administrative decisions – Type B.

The Director makes these decisions based on standards and clearly identified criteria.

Type B decisions require that the Director issues a written decision that approves, approves with modifications, or denies an application. The Director’s written decision shall also include the City’s determination under any required SEPA review.

All Director’s decisions made under Type B actions are appealable in an open record appeal hearing. Such hearing shall consolidate with any appeals of SEPA negative threshold determinations, or mitigated determinations on nonsignificance. SEPA determinations of significance are appealable in an open record appeal prior to the project decision.

All appeals shall be heard by the Hearing Examiner except appeals of shoreline substantial development permits, shoreline conditional use permits, and shoreline variances which shall be appealable to the State Shorelines Hearings Board. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.060 Quasi-judicial decisions – Type C.

Type C decisions are made by the Hearing Examiner, and involve the use of discretionary judgment in the review of each specific application.

Type C decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision made by the Hearing Examiner. Any administrative appeal of a SEPA threshold determination shall be consolidated with the open record public hearing on the project permit, except a determination of significance, which is appealable under MTMC 18.05.050.

There is no administrative appeal of Type C actions. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.070 Legislative decisions – Type D.

These decisions are legislative, nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands.

Legislative decisions include a hearing and recommendation by the Planning Commission and action by the City Council.

The City Council shall take legislative action on the proposal in accordance with state law.

There is no administrative appeal of legislative actions of the City Council but such actions may be appealed together with any SEPA threshold determination according to state law. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.075 Type A – D permit actions, notice requirements, hearing procedures and timelines.

Action	Permit Type	Notice Requirements(1)	Open Record Hearing/ Recommendation	Open Record Decision Hearing or Appeal Hearing	Closed Record Appeal	Target Time for Permit Decision
Accessory Use(5)	A	NOAA	NA	HE	Court	30 days
Administrative Design Review(5)	A	NOAA	NA	HE	Court	28 days
Accessory Dwelling Unit	B	P	NA	HE	Court	60 days
Amendments to Comprehensive Plan	D	N	PC(2)	CC	Court/ GMA Board	Once Annually
Amendments to Development Code	D	N	PC(2)	CC	Court/ GMA Board	Legislative Process
Binding Site Plan	B	M	NA	HE	Court	90 days
Boundary Line Adjustment/Lot Consolidation	A	NA	NA	HE	Court	30 days
Building Permit(6)	A	NA	NA	NA	Court	120 days
Clearing and Grading Permit(5)	A	NOAA	NA	NA	Court	60 days
Conditional Use Permit (CUP)	C	M, P, N	NA	HE	Court	120 days
Critical Areas Reasonable Use Permit	C	M, P, N	NA	HE	Court	120 days
Critical Areas Special Use Permit	C	M, P, N	NA	HE	Court	120 days
Deviation from Development Standards(5)	A	NOAA	NA	HE	Court	30 days
Development Agreements	D	N	PC(2)	CC	Court	Legislative Process
Essential Public Facility – Special Use Permit	C	M, P, N	NA	HE	Court	120 days
Fence Permit	A	NOAA	NA	HE	Court	30 days
Final Plat(5)	A	NOAA	NA	HE	Court	30 days
Floodplain Development Permit(5)	A	NOAA	NA	HE	Court	30 days
Floodplain Variance(5)	A	NOAA	NA	HE	Court	30 days
Interpretation of Development Code	A	NA	NA	HE	Court	15 days
Master Development Plan	C	M, P, N	NA	HE	Court	120 days
Mobile Home Park	C	M, P, N	NA	HE	Court	120 days
Noise Variance	A	NA	NA	HE	Court	30 days
Planned Action Determination	A	NA	NA	HE	Court	14 days
Planned Unit Development	C	M, P, N	NA	HE	Court	120 days
Plat Alteration(4)	B	M	NA	HE	NA	120 days
Plat Alteration With Public Hearing(4)	C	M, P, N	NA	HE	Court	120 days
Preliminary Plat	C	M, P, N	NA	HE	Court	90 days
Preliminary Fee Simple Major Plat	C	M, P, N	NA	HE	Court	90 days
Residential Projects With 9 or Fewer Units	A	NOAA	NA	HE	Court	60 days
Residential Projects With 10 or More Units	C	M, P, N	NA	HE	Court	120 days
Rezone of Property	C	M, P, N	HE(2)	CC	Court	120 days
Right-of-Way Use	A	NA	NA	HE	Court	30 days
Secure Community Transitional Facility – Special Use Permit	C	M, P, N	NA	HE	Court	120 days
SEPA Threshold Determination	B	M, P, N	NA	HE	Court	60 days
Sign Plan(5)	A	NOAA	NA	HE	Court	120 days
Shoreline Exemption	A	NA	NA	NA	Shoreline Hearings Board	15 days
Shoreline Substantial Development Permit, Shoreline Variance and Shoreline CUP	B	M, P, N	NA	NA	Shoreline Hearings Board	120 days
Short Plat(5)	A	NOAA	NA	HE	Court	60 days
Sign Permit	A	NA	NA	NA	Court	30 days
Site Development Plan	A	NA	NA	NA	Court	60 days
Site Plan, Large Scale	C	M, P, N	HE	NA	Court	120 days
Site Plan, Small Scale(5)	A	NOAA	NA	HE	Court	120 days
Site-Specific Comprehensive Plan Map Amendment	C	M, P, N	HE	CC	GMA Board	Once Annually
Special Use Permit (SUP)	C	M, P, N	NA	HE	Court	120 days
Special Use Sign Permit(5)	A	NOAA	NA	HE	Court	120 days
Temporary Use	A	NA	NA	NA	Court	15 days
Time Extension	A	NA	NA	NA	Court	60 days
Tree Removal Plan(7)	A	NA	NA	NA	Court	60 days
Zoning Variances	B	M, P, N	NA	HE	Court	90 days

1. M = Mailed Notice; P = Notice Posted on Property; N = Notice Published in Newspaper; NOAA = Notice of Administrative Approval. Notice requirements listed in this table apply to the notice of application. Information included in the notice of application shall be as set forth in MTMC 18.05.120. Requirements for issuing a notice of administrative approval are set forth in MTMC 18.05.125. When a notice of public hearing is required, it shall follow the requirements established in MTMC 18.05.127 and when a notice of decision is required, it shall follow the requirements established in MTMC 18.05.128.

2. HE = Hearing Examiner; PC = Planning Commission. As indicated either Hearing Examiner or Planning Commission conducts open record public hearing and provides recommendation to City Council which serves as the City’s decision-making authority.

3. HE = Hearing Examiner. Examiner conducts open record hearing and makes the City’s final permit decision.

4. The plat alteration or preliminary plat is processed as a Type B action unless a request is filed with the City to hold a public hearing. In that event, the application becomes a Type C action.

5. A Type A permit that is exempt from SEPA review (see MTMC 16.05.080) is also exempt from notice requirements.

6. Building permit includes both permit issuance and issuance of certificate of occupancy.

7. When an application for tree removal is filed concurrently with a Type B or C permit application, the tree removal plan will be evaluated using the Type B or C permit procedures.

(Ord. 2811 § 2 (Exh. 1), 2022).

Article III. Permit Review Procedures

18.05.080 Preapplication meeting.

A preapplication meeting is required prior to submitting an application for any Type B or Type C action and/or for an application for a project that may impact a critical area or its buffer consistent with Chapter 16.05 MTMC. The requirement for a preapplication meeting may be waived by the Director upon the written request of an applicant.

Applicants for development permits under Type A actions may choose to participate in preapplication meetings with the City.

Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process.

The Director shall specify submittal requirements for preapplication meetings, which shall include a critical areas worksheet and, if available, preliminary critical area reports. Generally, the more complete and accurate the information presented at a preapplication meeting is, the more detailed and complete City responses will be.

City staff are not liable for failing to inform an applicant regarding specific code requirements. It is the applicant’s sole responsibility to understand City Development Code requirements.

Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.090 Application.

A. Who May Apply.

1. The property owner or an agent of the owner with authorized proof of agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment.

2. Prior to purchase, acquisition, or owner authorization, a public agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment in order to develop an essential public facility for property that has been duly authorized by the public agency for acquisition or use. No work shall commence in accordance with issued permits or approvals until all of the necessary property interests are secured and/or access to the property for such work has been otherwise approved by the owner of the property.

3. Nothing in this subsection shall prohibit a public agency and City from entering into an agreement to the extent permitted by the Code or other applicable law.

4. The City Council or the Director may apply for a project-specific or site-specific rezone or for an area-wide rezone.

5. Any person may propose an amendment to the Comprehensive Plan except that map amendments to the Comprehensive Plan may only be initiated by a person or persons with an ownership interest in the property in question. The amendment(s) shall be considered by the City during the annual review of the Comprehensive Plan.

6. Any person may request that the City Council, Planning Commission, or Director initiate amendments to the text of the Development Code or mapping amendments to the Comprehensive Plan and/or Zoning Map.

7. Application(s) for any Type A, B, or C permits shall not be accepted and/or issued for any lot, tract, or parcel of land following the issuance of a notice and order to correct regarding activity occurring on that lot, tract or parcel of land, unless the identified violations are corrected or required to be corrected as a condition of approval and all fees or penalties satisfied prior to application except when the permit is required to obtain compliance or where an enforceable compliance plan to resolve the violation(s) has been entered into by the City.

B. All applications for permits or actions within the City shall be submitted on official forms prescribed and provided by the Department. At a minimum, each application shall include:

1. An application form with the authorized signature of the applicant.

2. The appropriate application fee based on the City’s adopted fee schedule.

C. The Director shall specify submittal requirements, including type, detail, and number of copies for an application to be complete. The permit application forms, copies of all current regulations, and submittal requirements that apply to the subject application shall be made available by the Department.

D. It is the applicant’s responsibility to learn the provisions of the Mountlake Terrace ordinances relating to the application. The ordinances are available on the City’s website and at City Hall.

E. Absent statute or ordinance provisions to the contrary, any application for which a determination of completeness has been issued and for which no substantial steps have been taken by the applicant to provide information required by the City to meet permit approval requirements for a period of 180 days after issuance of the determination of completeness will expire and become null and void. The Director may grant a 180-day extension upon the written request of the applicant. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.110 Determination of completeness and requests for additional information.

A. An application shall be determined complete when:

1. It meets the procedural requirements of the City of Mountlake Terrace;

2. All required information for the application has been provided, and is sufficient for processing the application, even though additional information may be required. The City may, at its discretion and at the applicant’s expense, retain a qualified professional to review and confirm the applicant’s reports, studies and plans.

B. Within 28 days of receiving a permit application for Type A, B and/or C applications, the City shall mail a written determination to the applicant stating whether the application is complete or incomplete and specifying what is necessary to make the application complete. If the Department fails to provide a determination of completeness, the application shall be deemed complete on the twenty-ninth day after submittal.

C. If the applicant fails to provide the information required by the City within 90 days of the date of the written notice that the application is incomplete, the application shall be deemed void and shall be returned to the applicant together with 80 percent of the application fees that were submitted with the application. Time extensions may be granted by the Director upon the written request of the applicant; provided, that such requests are made prior to the 90-day expiration date.

D. The determination of completeness shall not preclude the City from requesting additional information or studies if new information is required or substantial changes are made to the proposed action. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.120 Public notices of application.

A. Within 14 days of the determination of completeness, the City shall issue a notice of application for all Type B and C applications.

B. The notice of application shall include the following information:

1. The dates of application, determination of completeness, and the notice of application;

2. The name of the applicant;

3. The location and description of the project;

4. The requested actions and/or required studies;

5. The date, time, and place of an open record hearing, if one has been scheduled;

6. Identification of environmental documents, if any;

7. A statement identifying the starting and ending dates of the public comment period which shall not be less than 14 days nor more than 30 days. The public comment period shall be 30 days for a shoreline substantial development permit, shoreline variance, or a shoreline conditional use permit;

8. A statement of the rights of individuals to comment on the application, receive notice of and participate in any hearings, request a copy of the decision (once made) and to appeal a permit decision;

9. The name of the City staff contact and phone number;

10. Identification of the development regulations used in determining consistency of the project with the City’s Comprehensive Plan; and

11. Any other information that the City determines to be appropriate.

C. The notice of application shall be made available to the public by the Department, through any or all of the following methods (as specified in MTMC 18.05.075):

1. Mail. Mailing to owners of real property (for site specific proposals) located within 300 feet of the subject property. Notice of application for essential public facilities, special use permits, and master development plan permits shall be mailed to property owners within 1,000 feet of the proposed site;

2. Post Site. Posting the property (for site-specific proposals). For Type A essential public facilities, special use permits, and master development plan permits, rezones, site specific comprehensive plan amendments, shoreline substantial and conditional development permits, and site development plans for projects containing more than 50 dwelling units, or 50,000 square feet of gross floor area for nonresidential projects enlarged notice of application signs (a minimum of four feet by four feet) as approved by the City shall be posted on all sides of the parcel(s) that front on a street. The Director may require additional signage on large or unusually shaped parcels. Specific requirements for posting signs for such major land use actions are found in Chapter 18.25 MTMC.

3. Newspaper. The Department shall publish a notice of the application in the newspaper of general circulation for the general area in which the proposal is located.

D. All comments received on the notice of application by 5:00 p.m. on the last day of the comment period shall be considered by the City in the review of the application. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.125 Notice of administrative approval.

Public notification of some Type A permit applications which are approved administratively shall be provided by a notice of administrative approval. The purpose of the notice is to inform the public of a Type A permit application. The notice shall be made as follows:

A. The notice shall identify the applicant, location and nature of the proposal, City contact and the deadline to request an appeal (open record hearing).

B. Notification shall be provided by mail, to all immediately adjacent property owners.

C. Notice shall be posted on site.

D. Notice shall be provided no less than 10 days before City approval becomes effective. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.127 Notice of public hearing.

Notice of a public hearing for all open record hearings shall be given as follows:

A. Time of Notice. Except as otherwise required, notification of public hearings shall be provided no less than 10 days before the date of the public hearing and shall include the following:

1. Publication in the official newspaper of general circulation; and

2. Mailing to all property owners as shown on the records of the County Assessor and to all street addresses of properties within 300 feet of the boundaries of the property which is the subject of the meeting or pending action. Addressed, prestamped envelopes shall be provided by the applicant; and

3. Posting in the official City information distribution sites; and

4. Posting at least one notice on the subject property.

B. Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.

C. Continuations. If, for any reason, a public hearing on a pending action cannot be completed on the date set in the public notice, the hearing may be continued to a date certain and no further notice under this section is required. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.128 Notice of decision.

A. A written notice for all final decisions, which includes threshold determinations and procedures for administrative appeals, shall be sent to the applicant, all parties of record and any person who, prior to the rendering of the decision requested notice of the decision.

B. For development applications requiring Planning Commission or Hearing Examiner review and City Council approval, the notice shall summarize the action taken by the decision-making body and reference where copies of the signed ordinance, resolution, meeting minutes or similar documents recording the City’s decision may be available.

C. For the purposes of this chapter, the date on which a permit decision is issued is:

1. Three days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available;

2. If the permit decision is made by ordinance or resolution by the City Council, the date the Council passes the ordinance or resolution; or

3. If neither subsection (C)(1) nor (2) of this section applies, the date the decision is entered into the public record. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.130 Optional consolidated permit process.

An applicant may elect to submit a consolidated project permit application. Such request shall be presented by the applicant in writing and simultaneously with submittal of all applications to be consolidated. The Director shall determine the appropriate procedures for consolidated review and actions. Application for consolidated permit process shall only include Type A, B and C permit actions. Public hearings required for a consolidated permit application shall be conducted by the Hearing Examiner. Type D permit actions are legislative in nature and shall be completed prior to any permit review activity of Type A, B or C permit actions. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.140 Permit processing time limits.

A. For Type A, B or C permit applications, the City shall take every reasonable action to arrive at a permit decision within 120 days from the date that the application was deemed to be complete. Exceptions to this 120-day time limit are:

1. Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the City determines the revised application to be complete.

2. The time required to prepare and issue a draft and final Environmental Impact Statement (EIS) in accordance with the State Environmental Policy Act.

3. Any period for administrative appeals of project permits.

4. An extension of time mutually agreed upon in writing by the Department and the applicant.

5. Amendments to the Comprehensive Plan or Code.

6. Projects involving the siting of an essential public facility.

7. A remand.

8. Any time required to obtain a variance, unless a variance application is consolidated with the project review.

B. The time limits set for Type A, B, and C actions do not include:

1. Any period of time during which the applicant has been requested by the Department to correct plans, perform studies or provide additional information. This period of time shall be calculated from the date the Department notifies the applicant of the need for additional information, until the date the Department determines that the additional information satisfies the request for such information or 14 days after the date the information has been provided to the Department, whichever is earlier.

2. If the Department determines that the additional information submitted to the Department by the applicant under subsection (B)(1) of this section is insufficient, the Department shall notify the applicant of the deficiencies, and the procedures provided in subsection (B)(1) of this section shall apply as if a new request for studies has been made.

C. If the Department is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of decision. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.160 Expiration of vested status of land use permits and approvals.

Except for subdivisions, master development plans and special use permits for public agency uses or where a different duration of approval is indicated in this Code, vested status of an approved land use permit under Type A, B, and C actions shall expire two years from the date of the City’s final decision, unless an application for completion of the permitted action is filed before the end of the two-year term. An application that would complete the development contemplated in the permitted action in most cases would be a building permit, but may also be a site development permit, a grading permit or a similar approval that would authorize the construction activity contemplated in the Type A, B or C action. In the event of an administrative or judicial appeal, the two-year term shall not expire. Continuance of the two-year period may be reinstated upon resolution of the appeal.

If a complete development permit application is filed before the end of the two-year term, the vested status of the permit shall be automatically extended for the time period during which the development permit application is pending prior to issuance; provided, that if the development permit application expires or is canceled, the vested status of the permit or approval under Type A, B, and C actions shall also expire or be canceled. If a building permit is issued and subsequently renewed, the vested status of the subject permit or approval under Type A, B, and C actions shall be automatically extended for the period of the renewal. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.165 Time extensions.

A. Intent and Purpose. The intent and purpose of this section is to establish minimum performance criteria to allow consideration by the Planning Department of time extensions for conditions of approval associated with land use applications and authorizations. All requests for time extensions must be made to the Planning Department in writing and be accompanied by the required fee, prior to the expiration of the initial time limit.

B. Review by Decision-Making Body. After reviewing the proposed time extensions, the Planning Department may, at their discretion, refer the item to the decision-making body that granted prior approval of the land use application, for their review and consideration.

C. Extension Criteria.

1. The application may be extended for a time period not to exceed one year, if:

a. Unforeseen circumstances or conditions necessitate the extension; and

b. An extension will not cause substantial detriment to existing uses in the immediate vicinity of the subject property; and

c. The SEPA environmental determination for the proposal has been reevaluated and reaffirmed and, if necessary, adequate mitigation measures added in order to minimize any potential adverse impact associated with the proposed time extension.

2. The Planning Department, or their assignee, may grant no more than two extensions on any single land use permit approval. A second extension may be granted only if:

a. The criteria listed in subsection (C)(1) of this section are met; and

b. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and

c. Conditions in the immediate vicinity of the subject property have not changed substantially since the application was first approved. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.170 Revocation.

A. An approved land use permit may be revoked by the Planning Department based on any one or more of the following grounds:

1. That the approval of the application was based on misinformation;

2. That the use for which an approval was granted has ceased to exist, or has been suspended or abandoned for one year;

3. That the application granted is being used contrary to the terms or conditions of an approval, or in violation of this title or law;

4. That the use for which the approval was granted became detrimental to the public health, safety, or welfare, or so as to constitute a nuisance.

B. The Planning Department shall notify the land use permit holder in writing by certified mail of the revocation of his/her/its land use permit and the grounds therefor.

C. The affected land use permit holder may, within 10 days after receipt of such notice of revocation, appeal to the Hearing Examiner by filing a written notice of appeal setting forth the grounds therefor with the secretary to the Hearing Examiner and the secretary shall set a date within 20 days for the hearing of such appeals before the Hearing Examiner, and the secretary shall notify the permit holder by mail of the time and place of hearing. After the hearing thereon, the Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the revocation and reinstate the land use permit, and may impose any terms upon the continuance of the land use permit which, to the Hearing Examiner, may seem advisable. Such decision of the Hearing Examiner is appealable to the Superior Court of Snohomish County. No revocation of a land use permit shall take effect until 10 days after receipt of the notice thereof by the permit holder and if appeal is taken as herein prescribed the revocation shall be stayed pending final action by the Hearing Examiner. Exception: If the land use permit allows activity on the site or in site conditions potentially life threatening or injurious, access to the site or the permitted use shall cease until the dangerous condition is corrected or the appeal is addressed. (Ord. 2811 § 2 (Exh. 1), 2022).

Article IV. Hearing Procedures

18.05.175 Limitations on the number of hearings.

No more than one open record hearing shall be heard on any land use application. The appeal hearing on SEPA threshold determination of nonsignificance shall be consolidated with any open record hearing on the project permit. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.180 Procedures for public hearings.

Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The Chair shall open the public hearing and, in general, observe the following sequence of events:

A. Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.

B. Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.

C. Testimony or comments by the public germane to the matter. Members of the hearing body may ask questions. Questions directed to the staff or the applicant shall be posed by the Chair at its discretion.

D. Rebuttal, response or clarifying statements by the staff and the applicant.

E. The evidentiary portion of the public hearing shall be closed before the hearing body shall deliberate on the matter before it. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.185 Factors for hearing body to consider.

A. The hearing body shall consider and base its recommendations or decision on any permit action coming before it on the following factors:

1. Type of land use;

2. The density or intensity of use;

3. The availability and adequacy of public facilities;

4. Compliance with specific development and Comprehensive Plan standards;

5. That the environmental impacts are consistent with applicable development regulations or, in the absence of applicable regulations, the adopted Comprehensive Plan; and

6. Other factors relevant to the proposal, e.g., previous approvals, Engineering Details and Specifications, other City codes, regulations and standards.

B. In the evaluation of any Type A, B or C permit action, the Hearing Examiner shall not approve or deny a proposed development unless it first makes findings of fact and conclusions of law consistent with the evidence and determination made. The findings of fact and conclusions of law shall address:

1. The development is consistent or is not consistent with Comprehensive Plan goals and policies.

2. The development meets or does not meet the requirements and intent of the applicable City ordinances.

3. The development makes or does not make adequate provisions for open space, drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites for schools and school grounds as applicable.

4. The development adequately mitigates or does not adequately mitigate impacts identified under the Critical Area Ordinance and SEPA determination.

5. The development is or is not beneficial to the public health, safety and welfare and is in the public interest.

6. The development does or does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. If the development results in a level of service lower than those set forth in the Comprehensive Plan, the development may be approved if improvements or strategies to raise the level of service to meet or exceed the minimum standard are made concurrent with the development. For the purpose of this section, “concurrent with the development” is defined as the required improvements or strategies are in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development.

7. The area, location and features of any land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development.

8. The development satisfactorily addresses or does not satisfactorily address criteria for review and consideration set forth in subsection A of this section as applicable.

C. Following review of a development proposal or action, the hearing body shall make written findings of fact and conclusions of law and shall make a determination to approve, approve with conditions or deny the development proposal or action. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.190 Hearing Examiner actions.

A. Actions. Upon receiving an application or report from City staff on a proposal or action, the Hearing Examiner shall hold an open record public hearing.

B. Required Findings of Fact and Conclusions of Law. The Hearing Examiner shall make findings of fact and conclusions of law on applications or proposals before him/her. The findings of fact and conclusions of law shall be consistent with MTMC 2.120.110 and 18.05.185.

C. Closed Record Appeals. Upon receiving a request to appeal a decision by City staff, the Hearing Examiner shall hold a closed record public hearing and may remand or overturn the staff decision if it is not consistent with City codes, regulations, and standards. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.200 City Council actions.

A. Actions. Upon receiving a recommendation from the Planning Commission or notice of any other matter requiring the Council’s attention, the Council shall perform the following actions as appropriate:

1. Hold an open record public hearing and make a determination on the Planning Commission recommendation.

2. Hold a closed record appeal and make a decision.

B. Required Findings and Conclusions. The City Council shall make findings of fact and conclusions of law on applications and/or consider any Planning Commission or Hearing Examiner report on those applications. The findings of fact and conclusions of law shall be consistent with MTMC 18.05.185. The City Council may accept, reject, or modify the findings of fact and conclusions of law.

C. Decisions. The City Council shall make its decision by motion, resolution, or ordinance as appropriate.

1. A Council decision based on a report filed by the Planning Commission or Hearing Examiner with recommendations, or following a public hearing on a proposal or action, shall be made by taking one of the following actions:

a. Approve as recommended.

b. Approve with additional conditions.

c. Modify, with or without the applicant’s concurrence; 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 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 hearing.

2. A Council decision following a closed record appeal shall be made by taking one of the following actions:

a. Grant the appeal in whole or in part.

b. Deny the appeal in whole or in part.

c. Remand for further proceedings and/or evidentiary hearing. (Ord. 2811 § 2 (Exh. 1), 2022).

Article V. General Provisions for Appeals

18.05.205 Effective date of decision.

Unless an administrative appeal is timely filed, a land use decision of the City shall be effective on the date the written decision is issued. When a permit requires a notice of decision, the effective date of the written decision is the date that the notice of decision is issued. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.210 General description of appeals.

A. Administrative decisions (Type B) are appealable to the Hearing Examiner who conducts an open record appeal hearing.

B. Appeals of City Council decisions, ministerial decisions (Type A) without an administrative appeal, and appeals of a Hearing Examiner’s decisions shall be made to the Superior Court. In the case of a shoreline substantial development permit, shoreline conditional use permit or shoreline variance, appeals shall be filed with the Shorelines Hearings Board. In the case of amendments to the Comprehensive Plan and/or development regulations designed to implement the Comprehensive Plan, appeals shall be filed with the Growth Management Hearings Board.

In the case of ministerial decisions (Type A) and administrative decisions with an administrative appeal process as defined in the table found in MTMC 18.05.075, the Hearing Examiner shall conduct an open record appeal hearing. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.220 Grounds for administrative appeal.

Any administrative appeal shall be linked to the criteria of the underlying land use decision. The grounds for filing an appeal shall be limited to the following:

A. The Director exceeded its jurisdiction or authority;

B. The Director failed to follow applicable procedures in reaching the decision;

C. The Director committed an error of law; or

D. The findings, conclusions or decision prepared by the Director or review authority are not supported by substantial evidence. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.230 Filing administrative appeals.

A. Notification of permit decisions for ministerial (Type A) permits are issued through a notice of administrative approval. Notification of permit decisions on administrative (Type B) permits are issued through a notice of decision. Appeals shall be filed within 14 calendar days from the date of the mailing of the notice. Appeals shall be filed in writing with the City Clerk.

B. Appeals shall be accompanied by a filing fee in the amount to be set in the City’s fee schedule.

C. Within 10 calendar days following timely filing of a complete appeal with the City Clerk, notice of appeal shall be mailed by the City Clerk to all parties of record. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.240 Appeal process.

A. An appeal shall be heard and decided within 90 days from the date the appeal is filed.

B. Timely filing of an appeal shall delay the effective date of the Director’s decision until the appeal is ruled upon or withdrawn.

C. Notice of hearing shall be mailed to all parties of record at least 10 calendar days before the appeal hearing by the City Clerk.

D. The hearing shall be limited to the issues included in the written appeal statement. Participation in the appeal shall be limited to the City, including all staff, the applicant for the proposal subject to appeal, and those persons or entities which have timely filed complete written appeal statements and paid the appeal fee. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.250 Judicial review.

No person may seek judicial review of any decision of the City, unless that person first exhausts the administrative remedies provided by the City. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.260 Judicial appeals.

Any judicial appeal shall be filed in accordance with state law. If there is not a statutory time limit for filing a judicial appeal, the appeal shall be filed within 21 calendar days after a final decision is issued by the City. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.280 Dismissals.

The appeal authority may dismiss an appeal in whole or in part without a hearing, if the appeal authority determines that the appeal or application is untimely, frivolous, beyond the scope of the appeal authority’s jurisdiction, brought merely to secure a delay, or that the appellant lacks standing. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.290 Conflicts.

In the event of any conflict between any provision of this chapter and any other City ordinance, the provisions of this chapter shall control. Specifically, but without limitation, this means that the provisions of this chapter shall control with reference to authority to make decisions and the timeframe for making those decisions, including the requirements to file an appeal. (Ord. 2811 § 2 (Exh. 1), 2022).

Article VI. Land Use Plans and Implementation

18.05.300 Comprehensive Plan and Map.

A. Frequency and Content for Updating the Comprehensive Plan. The Comprehensive Plan shall be updated no more often than once every year. The update shall consider levels of service for transportation, sewer and water and may consider other levels of service such as police and fire services, park facilities and programs, planning, engineering, and building services, and financial office services. The purpose of considering levels of service is to assure concurrency of development with levels of service.

B. Docket. The Comprehensive Plan shall also consider a docket of items which may be used to add to, or change, the Comprehensive Plan. The docket is maintained by the Director. The need for change may relate to a need to change the Comprehensive Plan Map, or a need to change the Plan to provide consistency with a change, or need to change, the zoning text.

C. Update Procedure. Approximately nine months after the last Comprehensive Plan and Map update, the Director shall review items that have accumulated in the docket.

The Director shall inform the public, through public notice in a paper of general circulation, as an information item on the agendas of the City Council, Planning Commission, and Hearing Examiner, and in regular posting places of the City, that the City shall consider an update of the Comprehensive Plan and Map. This notice shall include the purpose(s) of updating the Comprehensive Plan and Map, a deadline for submitting recommended changes, adding to the docket, and a tentative hearing schedule.

D. Planning Commission. The Planning Commission shall hold at least one public meeting on the docket of items and/or recommendations to change the plan and map, and may request City Council to recommend any areas for study.

The Planning Commission may establish sub-committees for study which shall include members of the public and at least two Planning Commissioners. In all cases, the sub-committee shall have a majority representing residents of the City.

At the public meetings, the Planning Commission shall consider the information from public testimony, subcommittees, and staff. Following consideration of changes and verifying concurrency of recommended change with levels of service for transportation, sewer, and water, the Planning Commission shall recommend changes in the Comprehensive Plan and Map to City Council.

E. The City Council shall review the recommendation of the Planning Commission in a regularly scheduled meeting and set a public hearing to consider changes to update the Comprehensive Plan and Map. The public hearing for changes in the Comprehensive Plan and Map may be held at the same meeting when recommended changes to the zoning text and map consistent with the Comprehensive Plan amendments are also heard.

F. A sub-area plan may be adopted at any time as long as it is generally consistent with the Comprehensive Plan and concurrency is provided with appropriate levels of service. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.310 Zoning text and map.

A. The zoning text may be changed at any time as long as the change is consistent with the Comprehensive Plan. Immediately following a change(s) in the Comprehensive Plan and Map, the Zoning Ordinance text and map must be changed to be consistent with the Comprehensive Plan and Map.

B. When the docket is reviewed and the public is informed of the update for the Comprehensive Plan and Map, the public shall also be notified that:

1. Any rezone requests should be consistent with the Comprehensive Plan Map; and

2. A request to change the Zoning Map may involve a change in the Comprehensive Plan Map.

C. The Planning Commission shall have a public hearing and make a recommendation to City Council consistent with MTMC 18.05.180 and 18.05.300(D).

D. The City Council shall hold a public hearing and make a final determination on the zoning text or map changes consistent with MTMC 18.05.200.

E. Criteria for Review and Conclusions of Law. The Hearing Examiner shall consider the following criteria in making their recommendation to the City Council on any Zoning Map change. The Council may approve the rezone request only if the proposal conforms to all of the following criteria. The Council shall adopt findings and conclusions for the record which support their decision.

1. The proposal is in accordance with the Comprehensive Plan;

2. Any parcel of land contained in this request, whether under single or unified ownership, is not receiving special or privileged treatment;

3. The proposal will not be materially detrimental to properties in the vicinity or the community based on the entire range of uses allowed in the proposed zone;

4. Adequate public services will be available to serve the full range of proposed uses;

5. The reclassification is warranted because of a change in circumstances, or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; and

6. The proposed rezone would promote the general health, welfare, and safety of the community. (Ord. 2811 § 2 (Exh. 1), 2022).

18.05.320 Annexation.

A. The City’s annexation procedures shall follow the requirements of state law.

B. An annexation shall be adopted by ordinance. First reading of the ordinance shall occur following a public hearing on the annexation per state law. The proposed ordinance shall be forwarded to the Boundary Review Board of Snohomish County together with any application materials required. Following Boundary Review Board action, if any, the City shall have a second reading and consider adopting the ordinance to annex.

C. The Comprehensive Plan Map shall be used to establish the zoning classification for an area to be annexed. The zoning shall be consistent with the Comprehensive Plan Map.

D. The City shall adopt zoning for the annexation area in a separate ordinance. Planning Commission should consider and recommend an appropriate zoning classification to the City Council. Planning Commission’s consideration shall include review for concurrency and consistency of the proposed zoning or use, if known, with the Comprehensive Plan and Map and any applicable levels of service. If the applicant requests a zoning classification other than that shown on the Comprehensive Plan Map the applicant shall make a concurrent application for a Comprehensive Plan amendment. (Ord. 2811 § 2 (Exh. 1), 2022).