Chapter 17.13
LAND USE AND DEVELOPMENT REVIEW PROCEDURES
Sections:
17.13.010 Purpose and applicability.
17.13.020 Types of land use decisions.
17.13.030 Overview of permit review process.
17.13.040 Pre-application meetings.
17.13.050 Determination of completeness.
17.13.010 Purpose and applicability.
A. Purpose. The purpose of this chapter is to establish standard procedures for land use and development permit decisions. The procedures are designed to:
1. Promote timely and informed public participation;
2. Eliminate redundancies, minimize delays, and adhere to the standards of Chapter 36.70B RCW; and
3. Consolidate procedural and substantive land use and environmental review processes.
B. Applicability. The provisions of this chapter apply to all land use decisions and development permits. Where conflicts exist with procedural requirements in other sections of the Mukilteo Municipal Code, this chapter shall govern. (Ord. 1494 § 1 (Exh. A), 2024)
17.13.020 Types of land use decisions.
A. Classification System. Four types of review are established for permit and project processing:
1. Type I: Clerical. Actions categorically exempt from SEPA and subject to clear and objective standards.
2. Type II: Administrative. Actions subject to SEPA or subject to a combination of objective and subjective standards.
3. Type III: Quasi-Judicial. Actions of a scale or complexity that warrant a public hearing.
4. Type IV: Legislative/Council Decisions. Policy and regulatory decisions with widespread impacts.
B. Unlisted Permits. If a review type is not identified for a particular permit, the director shall determine the proper procedure by determining which procedure the permit most closely resembles. Where there is a question as to the appropriate classification, the director shall resolve the question in favor of the higher procedure and type number.
C. Consolidated Review. An application that involves two or more permit types may be processed collectively under the highest numbered procedure required for any part of the application or processed individually. If the application components are processed individually, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. Permit applications are allowed a maximum of one open record hearing and one closed record appeal hearing.
D. Permit Types.
|
Type I: Clerical |
Type II: Administrative |
Type III: Quasi-Judicial |
Type IV: Legislative/Council Decisions |
|---|---|---|---|
|
Administrative Interpretations Application Extensions Building Permits Clearing and Grading Permits Code Enforcement Final Plats/Final Short Plats Historic Register Applications Inspections Lot Line Adjustments Minor Modifications Right-of-Way Permits Shoreline Exemptions Stormwater Permits Temporary Uses Tree or Vegetation Removal Wireless Eligible Facility Requests |
Any Type I Actions Subject to SEPA Review Binding Site Plans Fence Modifications Noise Variances Reasonable Uses < 50% Disturbance SEPA Determinations Short Plats Shoreline Substantial Development Wireless Communication Facilities and Small Cell Wireless |
Abatement Actions Appeals Conditional Uses Essential Public Facilities Preliminary Plats Plat Alterations Reasonable Uses ≥ 50% Disturbance Variances (Excluding Noise) |
Annexation Code Amendments Comprehensive Plan Amendments Development Agreements Rezones, Area-Wide Rezones, Site-Specific Sector Plan Amendments Street Vacations |
(Ord. 1494 § 1 (Exh. A), 2024)
17.13.030 Overview of permit review process.
|
|
Type I |
Type II |
Type III |
Type IV |
|---|---|---|---|---|
|
Pre-application meeting |
No |
Optional, but encouraged |
||
|
Notice of completeness |
Yes1 |
Yes |
Yes |
Yes |
|
Notice of application |
No1 |
Yes |
Yes |
Yes9 |
|
SEPA determination |
No |
Varies2 |
Varies2 |
Varies2 |
|
Open record public hearing |
No |
No |
Yes |
Yes |
|
Notice of hearing |
N/A |
N/A |
Yes |
Yes |
|
Recommendation made by |
N/A |
N/A |
Director |
Planning Commission |
|
Decision made by |
Director |
Director |
Hearing Examiner |
City Council |
|
Decision timeline6 |
65 days7 |
100 days |
170 days8 |
None |
|
Notice of decision |
No1 |
Yes |
Yes |
No |
|
Administrative appeal to |
Hearing Examiner |
Hearing Examiner or Shorelines Hearings Board3 |
Shorelines Hearings Board3 |
N/A |
|
Judicial appeal to |
Superior Court |
Superior Court |
Superior Court |
Superior Court4 or Growth Management Hearings Board5 |
Footnotes for table:
1. Exempt from the noticing requirements of RCW 36.70B.060 and 36.70B.110—36.70B.130 as authorized by RCW 36.70B.140(2). While these permits do not typically receive a written determination of completeness, the default completion standard on the twenty-ninth day after submittal still applies.
2. No SEPA determination if categorically exempt under Chapter 17.84.
3. Appeals of shoreline permits must be filed with the Shorelines Hearings Board within twenty-one days pursuant to Chapter 90.58 RCW. Appeals of Type III permits for nonshoreline permits go direct to superior court.
4. For site-specific rezones and street vacations.
5. For text amendments to development regulations or comprehensive plan and non-site-specific land use or zoning map amendments.
6. Any applicant-initiated suspensions or periods of nonresponsiveness greater than sixty days add thirty days to the acceptable timeline for review. Substantial revisions restart the review timeline to the date the revised application was determined complete. Timeline is calculated from the determination of completeness to the date a final decision is made excluding:
• Any period between the date a written request for additional information is sent and the date sufficient responsive information is resubmitted.
• Any period where the applicant requests suspension of review or the city and applicant otherwise agree to a waiver of the clock.
• Any period during which an environmental impact statement (EIS) is being prepared.
• Any period from appeal filing to resolution.
7. Preliminary plats must be approved, disapproved, or returned to the applicant within ninety days of filing a complete application, unless the applicant consents to an extension. Final plat and final short plat approvals must be approved, disapproved, or returned to the applicant within thirty days of filing a complete application, unless the applicant consents to an extension. Wireless eligible facility requests must be approved or disapproved within sixty days.
8. Timeline not applicable to essential public facilities.
9. Publication as a discussion or review item on an agenda for a public meeting is considered notice.
(Ord. 1494 § 1 (Exh. A), 2024)
17.13.040 Pre-application meetings.
A. Optional. Pre-application meetings are strongly encouraged but not required.
B. Request. Any person may request a pre-application meeting by submitting a request form prepared by the department and including required supplemental materials. At a minimum, the applicant shall provide a draft site plan, project narrative, and list of questions.
C. Content. Pre-application meetings are scheduled with representatives of multiple city departments. Representatives from the applicable water and wastewater district are also invited to attend. The goal of the meeting is for the applicant and city staff to discuss the proposal, applicable requirements, and necessary permits and submittal materials needed to make a formal application.
D. Limitations. It is impossible for the meeting to be an exhaustive review of all potential issues. The discussions at the conference do not bind or prohibit the city’s future application or enforcement of all applicable laws. Review of a proposal at a pre-application meeting does not vest a project. Vesting is based on the date a complete, formal application is submitted. (Ord. 1494 § 1 (Exh. A), 2024)
17.13.050 Determination of completeness.
A. Submittal Requirements. A permit application is complete for purposes of this section when it contains all items on the relevant submittal checklist provided by the department on the city’s website or application portal together with the appropriate fees as established by city council resolution. To be determined complete, submittal materials must be in a comprehensible format with adequate information to allow review of the project to progress.
B. Timeline. Within twenty-eight days of receiving an initial land use development permit application (or within fourteen days of resubmittal in response to a determination of incompleteness), the city must provide a written determination to the applicant that states either:
1. The application is complete; or
2. The application is incomplete and what additional information is necessary to make the application complete.
C. Default Determination. If the city fails to provide a written determination within twenty-eight days, the permit application shall be deemed complete by default. A determination of completeness (whether written or by default) does not preclude the city from requesting additional information or studies or requiring project modifications.
D. Incomplete Applications. Applicants have ninety days from a determination of incompleteness to submit the necessary information. The director may grant up to two ninety-day extensions. Failure to resubmit within ninety days (or extended timeline) will cause the application to lapse and the permit file will be closed. (Ord. 1494 § 1 (Exh. A), 2024)
17.13.060 Project review.
A. Consistency Review. City staff will review each application to determine whether the proposed project is consistent with the applicable development regulations—including the types of uses proposed, bulk and dimension standards, adequacy of infrastructure, and criteria specific to the type of permit or project being proposed. In the absence of applicable development regulations, the appropriate elements of the comprehensive plan will be used to evaluate the project.
B. Environmental Review. Land use development permit applications must be reviewed for compliance with the State Environmental Policy Act, including Chapter 43.21C RCW, Chapter 197-11 WAC, and Chapter 17.84 of the Mukilteo Municipal Code. If the city’s policies and regulations adequately address a project’s probable specific adverse environmental impacts, no additional mitigation may be assigned under SEPA.
C. Documentation. Key findings of the project review will be captured in the notice of decision or ordinance. For permits that do not require a notice of decision, staff will put notes in the file as needed to demonstrate how the application was consistent or inconsistent with applicable standards.
D. Insufficient Information. The city’s determination of completeness shall not preclude the city from requesting additional information or corrections either at the time of the determination of completeness or at some later time as necessary to demonstrate the project is consistent with city codes and regulations. Requests for corrections or additional information shall be made in writing. Applicants have ninety days from the written request to submit the necessary information or corrections. The director may grant up to two ninety-day extensions. Failure to resubmit within ninety days (or extended timeline) will cause the application to lapse and the permit file will be closed. (Ord. 1494 § 1 (Exh. A), 2024)
17.13.070 Required notices.
A. Notice of Application.
1. Timing. A notice of application must be issued within fourteen days of the determination of completeness and in no case fewer than fifteen days before an open record hearing.
2. Contents. A notice of application must include:
a. Date of submittal, determination of completeness, notice of application, and public hearing (if applicable and already scheduled);
b. A description of the proposal and permits included in the application;
c. Identification of other permits likely to be needed and existing environmental documents, to the extent known;
d. Where the application materials can be reviewed;
e. Timing for the public comment period;
f. Instructions and rights for commenting, becoming a party of record, and appeals; and
g. If using the optional DNS/MDNS process, a statement that the optional DNS/MDNS process is being used and that this may be the only opportunity to comment on the environmental impacts of the proposal.
3. Public Comments. The comment period shall be fourteen days following the date of notice of application, except for shoreline permits which shall have a comment period of thirty days. Comments received by the department by four-thirty p.m. on the last day of the comment period will be considered timely. The city may accept public comments at any time prior to the close of the open record public hearing, or if there is no public hearing, prior to the decision on the project permit.
B. SEPA Determination.
1. Timing. Except when using the optional DNS/MDNS process or issuing a determination of significance, threshold determinations must be issued after the end of the public comment period on the notice of application and in no case fewer than fifteen days before an open record hearing.
2. Contents. A SEPA determination shall be consistent with the requirements of Chapter 17.84, SEPA rules, and Ecology guidance.
C. Notice of Public Hearing.
1. Timing. A notice of public hearing must be issued at least ten days before the hearing.
2. Contents. A notice of public hearing must include:
a. The date of the application or date the proposal was discussed at a public meeting;
b. A description of the proposed action;
c. Time and location of the hearing; and
d. Opportunities and methods for public participation, or a statement that there are none.
D. Notice of Decision.
1. Timing. A notice of decision must be issued within ten days of the hearing examiner’s decision or within the timelines established in Section 17.13.030.
2. Contents. A notice of decision must include:
a. The final determination of approval or denial of the project;
b. A statement of any threshold determination made under SEPA;
c. The procedure to appeal the decision, if an appeal is available; and
d. A statement that property owners may request a change in valuation for property tax purposes.
E. General Provisions. For notices not outlined above, the director shall determine appropriate timing and contents. No proceeding shall be invalid due to minor notice deficiencies if there was a good faith attempt to comply with the requirements of this section.
F. Distribution of Notices.
|
|
Post on Site |
Post on City Website |
Mail to Owners Within 300 Feet |
Email to Agency Contacts |
Email to Parties of Record |
Post at Official Posting Places |
Publish in Newspaper of Record |
|---|---|---|---|---|---|---|---|
|
Notice of Application |
Site-specific proposals only |
X |
Site-specific proposals only |
X |
|
City-wide proposals only |
City-wide proposals only |
|
SEPA Determination |
Site-specific proposals only |
X |
|
DOE only |
X |
|
|
|
Notice of Public Hearing |
Site-specific proposals only |
X |
|
|
X |
X |
X |
|
Notice of Decision |
|
X |
|
Assessor only |
X |
|
|
(Ord. 1494 § 1 (Exh. A), 2024)
17.13.080 Public hearings.
A. Number and Types of Hearings for Project Permits. The Regulatory Reform Act, Chapter 36.70B RCW, provides for no more than one open record hearing and one closed record appeal on a permit. The open record hearing shall consist of the public hearing on the proposed development as well as any appeal hearing on a threshold determination (except for a determination of significance) or an appeal of an administrative decision. Appeals of other final decisions will be heard during a closed record hearing.
B. Number and Types of Hearings for Nonproject Permits. Land use approvals that do not involve project permits are not subject to any limitations on the number of hearings and do not require consolidation with appeal hearings. For actions that do not involve project permits, the city may schedule as many hearings as it wishes, provided there is at least one hearing.
C. Joint Public Hearing. The director may combine any public hearing on a project permit application with any related hearing that may be held by another local, state, regional, federal, or other agency as long as:
1. The hearing is held within the city limits;
2. The city acts as the lead agency on the proposed application;
3. The other agency has authority to conduct joint hearings in the city of Mukilteo;
4. The timing meets the requirements of this chapter or the applicant agrees to an alternate schedule;
5. Sufficient notice of the hearing is given to meet each of the agencies’ notice requirements; and
6. The other agency has received sufficient notice and the necessary information to properly prepare, advertise, and hold its hearing at the same time.
D. Procedures. All public hearings shall generally follow the procedure described below.
1. The person acting as the presiding officer will open the public hearing by:
a. Stating the public hearing is open;
b. Describing the subject matter; and
c. Describing the procedures to be followed.
2. Anyone wishing to speak must wait to be recognized by the presiding officer and state their name, residence location, and nature of their interest in the matter. Demonstrations of any kind are not allowed and anyone making “out of order” comments is subject to removal from the public hearing.
3. Public hearings must comply with Appearance of Fairness Doctrine (Chapter 42.36 RCW). (Ord. 1494 § 1 (Exh. A), 2024)
17.13.090 Decisions.
A. Timing. Permit decision must be issued within the timelines identified in Section 17.13.030 unless the applicant has consented to an alternate timeline. If the city is unable to issue its notice of decision within the established timeline, they should provide written notice to the applicant with the reasons for the delay and estimated decision date. Applicants have one hundred eighty days from the time they receive notice that their permit is ready to issue to pay all fees and submit any remaining information.
B. Options. Permits may be approved, approved with conditions, or denied based on findings of the consistency analysis performed during project review.
C. Effective Date. Decisions are presumed valid and in effect on the date issued unless an administrative appeal is filed. The timely filing of an administrative appeal will stay the effective date of the decision until such time as the appeal is adjudicated by the appropriate body. Any applicant who engages in any activity prior to the expiration of any administrative appeal period does so at their own risk.
D. Expiration and Extensions. An issued land use permit will expire and become null and void if a building permit (or a grading permit consistent with Chapter 15.16) is not obtained within the required time frame:
1. Short plats and subdivisions—Five years (with a single one-year extension allowed at director’s discretion);
2. Shoreline permits—See Chapter 17B.13;
3. Type I permits—Two years (with a single one-year extension allowed at director’s discretion);
4. All other permits—Four years (with a single one-year extension allowed at director’s discretion).
E. Minor Modifications. The director may authorize minor modifications (generally changes of less than fifteen percent for any given standard) to an approved land use development permit, provided the modifications do not add unmitigated impacts or affect the conditions of the original approval. (Ord. 1494 § 1 (Exh. A), 2024)
17.13.100 Appeals.
A. Timely Filing.
1. Administrative Appeals. Administrative appeals must be filed at City Hall within fourteen days after the notice of decision. The date the notice of decision was issued does not count in the fourteen days. When the last day of the appeal period falls on a Saturday, Sunday, designated legal holiday by RCW 1.16.050, or a day City Hall is closed, the filing must be completed no later than four-thirty p.m. the next business day.
2. Judicial Appeals. After all administrative appeals have been exhausted, the city’s final decision may be appealed as designated in Section 17.13.030 by a party of record. Such petition must be filed within twenty-one days. Land use appeals are filed pursuant to Chapter 36.70C RCW. Shoreline appeals are filed pursuant to Chapter 90.58 RCW.
B. Standing. Only parties of record may initiate an administrative appeal. Parties of record include: the applicant, any person who testified at the open record hearing on the application, and/or any person who submitted written comments concerning the application (excluding persons who have only signed petitions or mechanically produced form letters).
C. Content. Appeals shall be in writing, include the city’s required form(s), and be accompanied by an appeal fee as outlined in the city’s most current fee resolution.
D. Consolidation. All appeals of land use development permit application decisions shall be considered together in a consolidated appeal. Appeals of an environmental determination under SEPA, Chapter 17.84, shall proceed as provided in that chapter.
E. Administrative Appeal Procedures. The hearing examiner shall establish the hearing procedures for appeals of administrative decisions, including setting the hearing date, time and location, with a pre-hearing order or similar document. The appeal shall be considered and decided within ninety days of a notice of decision for open record appeals and within sixty days of a notice of decision for closed record appeals unless the parties involved mutually agree to extend these time periods. The city shall issue a written decision of appeal within ten days of the appeal body’s final action to the parties of record disclosing whether the appeal is upheld or denied. (Ord. 1494 § 1 (Exh. A), 2024)