Chapter 1.35
APPLICATION PROCESSING AND REVIEW

Sections:

1.35.001    Administration of development regulations.

1.35.004    Environmental review and limitation on hearings and appeals.

1.35.005    Project permit – Definition.

1.35.010    Permit applications.

1.35.015    Complete application.

1.35.018    Close-out of abandoned application.

1.35.020    Notice of application.

1.35.025    Time limit.

1.35.030    Contact person for application processing.

1.35.033    Request for additional information during application processing.

1.35.035    Combined public hearing.

1.35.040    Notice of decision.

1.35.060    Exemptions from project permit application processing.

1.35.070    Determining consistency with the development regulations and comprehensive plan.

1.35.075    Limit on scope of review.

1.35.080    Optional consolidated review process.

1.35.085    Transcript.

1.35.090    Time computation.

1.35.095    Recordation of permit approval.

1.35.100    Process I: public hearing and decision by the hearing examiner – Scope.

1.35.105    Applicability.

1.35.110    State Environmental Policy Act.

1.35.115    Decision and appeal authority.

1.35.125    Referral to city departments and other agencies.

1.35.130    Threshold determination.

1.35.140    Notice of hearing.

1.35.145    Conduct of the public hearing.

1.35.148    Parties of record.

1.35.150    Hearing examiner action.

1.35.155    Criteria.

1.35.160    Written decision.

1.35.165    Distribution of decision.

1.35.168    Request for reconsideration.

1.35.170    Hearing examiner power to correct or clarify.

1.35.175    Appeal of hearing examiner decision.

1.35.180    Amendment of an approved project or permit.

1.35.200    Process II: administrative decisions – Appeal to hearing examiner.

1.35.210    Scope.

1.35.220    Process on appeal.

1.35.230    Notice of appeal hearing.

1.35.240    Appeal hearing.

1.35.245    Authority and action of hearing examiner.

1.35.250    Distribution and effect of examiner’s decision.

1.35.255    Request for reconsideration.

1.35.260    Appeal of hearing examiner’s decision to superior court.

1.35.300    Process III: administrative permits review process.

1.35.310    Scope.

1.35.320    State Environmental Policy Act.

1.35.325    Authority of department directors.

1.35.330    Public notice of impending decision.

1.35.333    Public comment process before director’s decision.

1.35.335    Department director’s decision.

1.35.336    Approval criteria.

1.35.337    Limitations on modification.

1.35.340    Decision of the director.

1.35.345    Effect of director’s decision.

1.35.347    Commencement of activity.

1.35.350    Appeal of department.

1.35.360    Process on appeal.

1.35.400    Process IV: decision by the city council after review by the planning commission or hearing examiner – Scope.

1.35.405    Applicability.

1.35.410    State Environmental Policy Act.

1.35.415    Authority for hearings and decisions.

1.35.425    Referral to city departments and other agencies.

1.35.430    Threshold determination.

1.35.434    Repealed.

1.35.436    Legislative actions – Public hearing.

1.35.440    Notice of hearing.

1.35.445    Conduct of a public hearing.

1.35.448    Parties of record.

1.35.450    Repealed.

1.35.455    Criteria.

1.35.460    Findings of fact and conclusions of law.

1.35.465    City council decision – Distribution.

1.35.470    Administrative services director power to correct or clarify.

1.35.480    Appeal to superior court.

1.35.600    Process VI: appeals of administrative determinations to the hearing examiner – Scope.

1.35.605    Authority of hearing examiner.

1.35.610    Set date of appeal hearing.

1.35.615    Notice of appeal hearing.

1.35.620    Distribution of notice of appeal hearing.

1.35.625    Appeal hearing.

1.35.630    Action by the hearing examiner.

1.35.635    Distribution of decision.

1.35.640    Appeal to city council.

1.35.700    Process VII: appeals of decisions by the hearing examiner to city council – Scope.

1.35.702    Process VII: time for appeal.

1.35.705    Authority of city council.

1.35.708    Time limit.

1.35.710    Content of request for appeal.

1.35.715    Notice of appeal meeting.

1.35.720    Distribution of notice of appeal meeting.

1.35.725    Appeal meeting.

1.35.730    Action by the city council.

1.35.733    Report of city council decision.

1.35.735    Finance director power to correct or clarify.

1.35.740    Appeal to superior court.

1.35.800    Recodified.

1.35.810    Recodified.

1.35.001 Administration of development regulations.

LMC 1.35.001 through 1.35.080 contain requirements and procedures for all project permits and project permit applications. (Ord. 2071 § 1, 1996)

1.35.004 Environmental review and limitation on hearings and appeals.

Land use permit review procedures shall:

A. Be combined with environmental review processes, both substantive and procedural; and

B. Provide for no more than one open record hearing and one closed record appeal. (Ord. 2957 § 1, 2012; Ord. 2071 § 1, 1996)

1.35.005 Project permit – Definition.

“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this section. (Ord. 2071 § 1, 1996)

1.35.010 Permit applications.

All applications for project permits shall be submitted on forms prescribed by the applicable department director. All applications shall include all materials required by the applicable development regulations and all information needed to evaluate the consistency of the application with the applicable standards and requirements of the Lynnwood Municipal Code and shall include all applicable fees. (Ord. 2071 § 1, 1996)

1.35.015 Complete application.

A. Determination. Upon receiving an application that is to be processed under this chapter, the applicable department director shall first determine if the application is complete. An application is complete when it meets the procedural submission requirements in the applicable chapter or title and is sufficient for continued processing, even though additional information may be required or project modifications may be undertaken subsequently. No application shall be considered complete if any required information is missing. Upon receipt of a written request from the applicant to waive any submittal requirement, the applicable department director may waive any submittal requirement if he/she finds that the information is not needed in order to review a particular project application. The determination of completeness shall not preclude the applicable department director from requesting additional information or studies either at the time of the determination of a complete application (see below) or subsequently if new information is required or substantial changes in the proposed action occur.

B. Notice to the Applicant. If the application is found to be complete, the applicable department director shall send the applicant a “determination of a complete application” and shall continue with review of the application. If the application is found not to be complete, the director shall send the applicant a “determination of incomplete application and request for additional information” that shall indicate the additional information that is required.

C. Time Limit. The applicable department director shall complete its review of an application for completeness and send the appropriate notice under subsection (B) of this section within 28 calendar days of submission of the application, the application is deemed complete and processing of the application shall proceed.

D. Submittal of Additional Information. Within 14 calendar days of receipt of additional information in response to a request for additional information, the applicable department director shall notify the applicant whether the application is complete (by sending a determination of incomplete application and request for additional information). Submission of information in response to a second or subsequent request of additional information shall initiate a new 14-day period for determining completeness. If no notice is sent to the applicant within 14 calendar days of submission of the additional information, the application is deemed complete. (Ord. 2071 § 1, 1996)

1.35.018 Close-out of abandoned application.

If the applicant does not respond in writing to a determination of incomplete application or a request for additional information within 90 calendar days of the mailing of the determination or request, or otherwise fails to respond in writing to a notice, written determination or other written communication from the city within 90 calendar days of mailing of the communication, the applicable department director shall determine that the application appears to be abandoned. Upon making this determination, the applicable department director shall mail the applicant a notice that the application will be considered abandoned and shall be closed-out and returned to the applicant if he/she does not submit the requested information within 30 calendar days. (Ord. 2071 § 1, 1996)

1.35.020 Notice of application.

Within 14 calendar days of issuing a notice of completeness for an application, under LMC 1.35.015, the applicable department shall provide a notice of application to the public, other agencies, and other city departments. If an open record pre-decision hearing is required for the requested project permits, this notice shall be provided at least 15 calendar days prior to that hearing. If, prior to issuing this notice, the city has determined that a determination of significance will be issued for the application, the notice of application shall be combined with the determination of significance and scoping notice.

A. Content. The notice of application shall include, at a minimum, the following information:

1. The date of the application;

2. The date of the notice of completeness;

3. The date of issuance of the notice of application;

4. A description of the proposed project;

5. A list of the project permits included in the application;

6. A list of any studies required for reviewing the project;

7. A list of other permits that may be required for the project, to the extent known to the city;

8. A list of existing environmental documents that evaluate the proposed project and the location where the application and any studies or relevant documents may be reviewed;

9. The dates of the public comment period, which shall extend 14 calendar days following the date of issuance of the notice of application;

10. A statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;

11. The date, time, place, and type of hearing, if applicable and if scheduled at the date of the notice of application;

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

13. Date, place and time of the informal meeting, if any.

B. Distribution. The city shall use reasonable methods to give this notice to the public. At a minimum, this notice shall be distributed as follows:

1. Posting the property (for site-specific proposals);

2. Publishing the notice (including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed), in the official newspaper of the city (see Chapter 1.08 LMC);

3. Posting the notice at each official posting place of the city (see Chapter 1.12 LMC).

C. Public Comment. During the public comment period for the notice of application, the public may comment in writing on the application, including the possible impact of the project on the environment or the conformance (or lack of conformance) of the project with the city’s comprehensive plan, Municipal Code, and other adopted city policies. Such comments shall become part of the record of the application. This opportunity to comment on an application is in addition to any comment period provided prior to decision on an application or an appeal of a decision on an application. Neither participation in this opportunity to comment, nor nonparticipation in it, shall preclude any person from participating in any other opportunity to comment on an application, including any public hearing or informal public meeting. (Ord. 2071 § 1, 1996)

1.35.025 Time limit.

Except as otherwise provided in subsection (A) of this section, the city shall make a decision on a permit application and issue the notice of decision on a project permit application within 120 calendar days after the city notifies the applicant that the application is complete, as provided in LMC 1.35.015.

A. Exception. In determining the number of days that have elapsed after the city has notified the applicant that the application is complete, 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, pursuant to LMC 1.35.033. 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 city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies and this procedure shall apply as if a new request for studies had been made;

2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;

3. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The city shall consider and decide such appeals within 90 calendar days for an open record appeal hearing and within 60 calendar days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and

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

B. Exemptions. The time limits established by subsection (A) of this section do not apply if a project permit application:

1. Requires an amendment to the comprehensive plan or a development regulation;

2. Requires the siting of an essential public facility as provided in RCW 36.70A.200; or

3. 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 under LMC 1.35.015.

C. Noncompliance with Time Limit. If the city is unable to issue its final decision within the time limits provided for in this section, the applicable department director shall provide written notice of this fact to the project applicant. 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. 2071 § 1, 1996)

1.35.030 Contact person for application processing.

The city shall require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter. (Ord. 2071 § 1, 1996)

1.35.033 Request for additional information during application processing.

During processing of an application, city staff may request the applicant to correct plans, perform required studies, or provide additional required information; provided, that the correction, study or additional information is needed to evaluate the application under the comprehensive plan, Municipal Code or other adopted city policy. Pursuant to LMC 1.35.025(A)(1), the time period during which such a request has been made but has not been fulfilled shall not be included in the 120 days allowed for permit processing by LMC 1.35.025. (Ord. 2071 § 1, 1996)

1.35.035 Combined public hearing.

If requested by an applicant, the applicable department director shall arrange for any public hearing required by this chapter to be held as a joint public hearing with any local, regional, state, federal, or other public agency; provided, that the other agency consents to the holding of joint public hearing, that the hearing shall be held within the corporate limits of the city of Lynnwood and that the joint public hearing can be held within the required time-frame for processing the application. (Ord. 2071 § 1, 1996)

1.35.040 Notice of decision.

Within three working days of the city’s decision on an application, the applicable department director shall distribute a notice of decision on the application indicating the content of the final decision of the city.

A. Contents of the Notice of Decision. The notice of decision shall contain all of the following:

1. A statement indicating that the application is approved, approved with modifications or conditions, or is denied;

2. A statement of any conditions included as part of an approval or approval with modifications;

3. The location where the complete decision (including the findings of fact and conclusions of law) may be reviewed;

4. A statement that any person who participated in the decision may appeal the decision, and the time limits and process for making an appeal;

5. A statement of any threshold determination made under Chapter 43.21C RCW.

B. Distribution of the Notice of Decision. The applicable department director shall distribute the notice of decision by:

1. Regular mail to any person who participated in decision;

2. Regular mail to any person who has requested such notice and who has paid a fee as shown in Chapter 3.104 LMC per year to the finance director;

3. Posting a copy of the notice at the site (for site-specific proposals);

4. Publishing the notice once in a newspaper of local circulation;

5. Regular mail to the applicant; and

6. Delivery to the finance director for distribution to the city council. (Ord. 2699 § 1, 2007; Ord. 2071 § 1, 1996)

1.35.060 Exemptions from project permit application processing.

A. Type A Exemptions. Applications for the following types of projects are exempt from the provisions of LMC 1.35.001 through 1.35.080, inclusive:

1. Landmark designations;

2. Street vacations;

3. Other approvals relating to the use of public areas or facilities.

B. Type B Exemptions. Lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review, or for which environmental review has been completed in connection with other project permits are exempt from the following procedures:

1. Notice of application, LMC 1.35.020;

2. Determination of completeness, LMC 1.35.015(A);

3. Notice of decision, LMC 1.35.040;

4. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing;

5. Joint public hearings;

6. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing;

7. Completion of project review within any applicable time period (including the 120-day permit processing time limit). (Ord. 2071 § 1, 1996)

1.35.070 Determining consistency with the development regulations and comprehensive plan.

The comprehensive plan and adopted zoning and other development regulations shall serve as the basis for review of land use and development applications. In particular, determinations of the type of land use, residential density and capacity of and funding for public facilities shall serve as the foundation for further project review. During review of an application for use or development of land, the city shall determine whether the proposed use or development conforms with the city’s development regulations and comprehensive plan. This determination shall generally follow four steps, as follows:

A. Identify Criteria for Determining Consistency – Development Regulations. Review city development regulations to determine if they define or state the following for the proposed use or development of land:

1. Type of land use permitted at the site, including uses that may be allowed under certain circumstances if decision criteria are met;

2. Density of residential development (if applicable); and

3. Availability and adequacy of public facilities (for those facilities identified in the comprehensive plan, if the plan or the city’s development regulations provide for funding of these facilities).

B. Identify Criteria for Determining Consistency – Comprehensive Plan. Refer to the comprehensive plan to define or state any of the three items of criteria in subsection (A) of this section that are not defined or stated in the development regulations.

C. Evaluate Conformance. Evaluate whether the application conforms with the definitions or statements in the development regulations (identified in subsection (A) of this section) or in the comprehensive plan (identified in subsection (B) of this section).

D. Continue Review. Evaluate the character of the proposed development or use and its compliance with other standards and requirements in this title, the Municipal Code, and other adopted policies, standards and requirements. (Ord. 2071 § 1, 1996)

1.35.075 Limit on scope of review.

During application review, the city shall not reexamine alternatives to or hear appeals on the type of land use permitted at the site, the density of residential development, or the availability or adequacy of public facilities (for those facilities identified in the comprehensive plan), as determined under LMC 1.35.070(A) and (B). The city may ask more specific or related questions with respect to any of these issues. (Ord. 2071 § 1, 1996)

1.35.080 Optional consolidated review process.

A. Applications involving two or more permits will be consolidated, if the applicant requests consolidation, and if the permit applications are filed at the same time. Consolidation may otherwise be allowed by the city on the applicant’s request. Applications involving consolidated permit review will be processed so that city review occurs in an orderly manner.

B. When separate applications involving two or more processes are consolidated for review, the process involving the highest authority is utilized. The city council is the highest authority, followed by the hearing examiner of planning commission (as applicable), and then the department director. By way of example, if an application involves a building permit, conditional use permit, and rezone, then the process for rezone shall apply to all permits, since the city council (the highest authority) makes the final decision on rezones.

C. Where separate applications are consolidated for review, the authority to issue permits remains with the applicable department director, but an administrative appeal of a department director’s determination would be heard by the highest authority involved in any process consolidated for review. If any administrative decision is appealed, the administrative decision may be withdrawn and re-issued at a later date, in order that any appeal is allowed to be consolidated with appeals, if any, from other decisions. The appeal authority may retain experts as necessary if the matter involves technical matters. The highest authority may combine appeals with hearings. (Ord. 2071 § 1, 1996)

1.35.085 Transcript.

Any person requesting a transcript of a public hearing, informal meeting or other event for which the city has made an electronic recording shall pay the full cost of producing that transcript. Such payment shall be made prior to production of the transcript, and the amount of this payment shall be based on the estimated cost of producing the transcript. Any cost not paid in advance shall be paid when the transcript is delivered; and payment in excess of the actual final cost shall be refunded. Alternatively, any person may request a copy of the official tape, paying the cost to duplicate the tape, and provide their own transcription, verifying that the same is a correct transcription of the duplicate tape. (Ord. 2071 § 1, 1996)

1.35.090 Time computation.

In computing any period of time prescribed or allowed by this chapter or any other law or regulation of the city of Lynnwood the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. For the purpose of this section, legal holidays are those other than any “floating holiday” prescribed in RCW 1.16.050 and LMC 2.54.020 as they now read or as amended. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. Whenever a person has the right or is required to do some act or take some proceedings within a prescribed period after service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period. (Ord. 2957 § 32, 2012; Ord. 2018 § 58, 1995. Formerly 1.35.800)

1.35.095 Recordation of permit approval.

Upon the granting of any permit, application or other matter by the city, the applicant may be required to pay for the recordation of such permit or other matter, and any conditions therein, as a matter of title of the property involved in the Snohomish County auditor’s office. (Ord. 2957 § 33, 2012; Ord. 2018 § 59, 1995. Formerly 1.35.810)

1.35.100 Process I: public hearing and decision by the hearing examiner – Scope.

LMC 1.35.100 through 1.35.180 contain the procedures that the city will use in implementing Process I. This process includes a public hearing and decision by the hearing examiner, and allows for appeal of the hearing examiner decision. (Ord. 2957 § 2, 2012; Ord. 2071 § 2, 1996)

1.35.105 Applicability.

LMC 1.35.100 through 1.35.180 apply each time a provision of the Lynnwood Municipal Code requires a decision using Process I. (Ord. 2071 § 2, 1996)

1.35.110 State Environmental Policy Act.

The State Environmental Policy Act may apply to an action taken under this process. See LMC Title 17. (Ord. 2071 § 2, 1996)

1.35.115 Decision and appeal authority.

A. For permits and applications subject to Process I, the hearing examiner shall conduct a public hearing and, following completion of the hearing, approve, approve with modifications or conditions, or deny the application or permit.

B. A Process I decision of the hearing examiner on a land use matter is appealable to superior court as provided by Chapter 36.70C RCW.

C. A Process I decision of the hearing examiner on a non-land use matter is appealable to the city council (Process VII), or as specified by applicable regulations. (Ord. 2957 § 3, 2012; Ord. 2071 § 2, 1996)

1.35.125 Referral to city departments and other agencies.

Concurrent with issuing the notice of application, staff of the applicable department shall refer the application to all other city departments and to local, regional, state or federal agencies who may provide service(s) to the proposal or who may have special expertise for reviewing the application. (Ord. 2071 § 2, 1996)

1.35.130 Threshold determination.

A. Early Notice. Unless the application is exempt from review under the State Environmental Policy Act (SEPA), staff of the applicable department shall provide notice of the application to the city official(s) responsible for compliance with SEPA concurrent with issuing the notice of application.

B. Issue Determination. Following referral of the application to other city departments and other agencies (see LMC 1.35.125), staff of the applicable department shall send copies of the application, along with copies of all comments received from the public (see LMC 1.35.020(C)) and from other city departments and agencies to the city official(s) responsible for compliance with the SEPA. The SEPA official(s) shall complete and issue a threshold determination for the application following transmittal of the application and the comments on the application to the official(s). (Ord. 2071 § 2, 1996)

1.35.140 Notice of hearing.

The applicable department director shall provide notice of the public hearing on the application, as follows:

A. Content.

1. Name of the applicant and the project name;

2. Street address and/or a description of the property in nonlegal terms;

3. Citation of the portion(s) of the Lynnwood Municipal Code requiring the permit(s) for which the application has been submitted;

4. A brief description of the proposed action and the requested permit(s);

5. Date, time and place of the hearing;

6. A statement of the right of any person to participate;

7. A statement that only those persons who participate may appeal to city council.

B. Distribution. The applicable department director shall distribute the notice by:

1. Publishing the notice in the official newspaper of the city;

2. Posting the notice at official posting place(s) of the city and at the site;

3. Mailing the notice by regular mail to owners of property within at least 300 feet of the boundary of the subject property and of any property contiguous thereto in the applicant’s ownership. For the purpose of this mailing, the applicable department director shall use the listing of ownership and addresses on the city of Lynnwood utility billing records. If no record for any given lot is shown on those records, then notice to the last owner of record in the office of the county treasurer shall be deemed proper notice;

4. Mailing the notice by regular mail to each person who has requested such notice in writing for the calendar year and who has paid a fee as shown in Chapter 3.104 LMC for this service to the finance director;

5. This noticing requirement shall be satisfied by substantial compliance with this section.

C. Timing. The notice of the public hearing shall be provided at least 20 calendar days before the date of the hearing. (Ord. 2699 § 2, 2007; Ord. 2071 § 2, 1996)

1.35.145 Conduct of the public hearing.

Anyone may participate in the public hearing by presenting oral or written testimony. Participation may include submitting written comments before or at the hearing or signing the register of the parties of record. The hearing examiner shall make an electronic sound recording. The hearing examiner shall adopt rules and procedures for the conduct of the hearing.

1.35.148 Parties of record.

The parties of record for the application shall include:

A. Persons who speak at the public hearing;

B. Persons who present written testimony either at or before the public hearing;

C. Persons who sign the register of the parties of record at the public hearing;

D. The applicant; and

E. The members of the city council. (Ord. 2071 § 2, 1996)

1.35.150 Hearing examiner action.

After the close of the public hearing, the hearing examiner shall either approve, approve with modifications or conditions, or deny the application. (Ord. 2071 § 2, 1996)

1.35.155 Criteria.

The hearing examiner may approve or approve with modifications or conditions an application if the hearing examiner finds that the applicant has carried the burden of proof and has produced evidence sufficient to support the conclusion that the application merits approval and that the proposal complies with the applicable decision criteria in the Municipal Code. In all other cases, the hearing examiner shall deny the application. (Ord. 2071 § 2, 1996)

1.35.160 Written decision.

Within 14 calendar days of the conclusion of the hearing, the hearing examiner shall issue a written decision, containing:

A. A statement indicating that the application is approved, approved with modifications or conditions, or denied;

B. A statement of any conditions or modifications included as part of an approval;

C. A statement of the facts upon which the decision, including any modifications or conditions, is based and the conclusions derived from those facts;

D. A statement of the right of any party of record (see LMC 1.35.148) to appeal the decision to superior court as provided by Chapter 36.70C RCW. (Ord. 2957 § 4, 2012; Ord. 2071 § 2, 1996)

1.35.165 Distribution of decision.

Within three calendar days of the issuance of the written decision, the applicable department director shall send (by regular mail) a copy of the decision to the applicant and shall make a copy of the decision available for public review at the applicable department. The applicable department director shall also send a copy to the finance director for distribution to the city council. (Ord. 2071 § 2, 1996)

1.35.168 Request for reconsideration.

Any person who participated in the public hearing may submit a written request for reconsideration by the hearing examiner by filing the request with the applicable department director within seven calendar days of the effective date of the examiner’s decision. Such requests shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the hearing conducted by the hearing examiner which is the basis of the request. Within five calendar days of the date the request for reconsideration is filed with the applicable department director, the examiner’s decision on whether to reconsider shall be issued. All parties of record for the application shall be mailed the decision to reconsider no later than three calendar days after the examiner’s decision. The examiner shall determine whether to hold additional hearings on the matter. All parties of record shall be mailed notice of this hearing not later than five calendar days prior to the hearing. The reconsidered decision shall be distributed in accordance with LMC 1.35.140. A request for reconsideration by an applicant shall be considered an extension of time mutually agreed to for purposes of timely permit processing. (Ord. 2071 § 2, 1996)

1.35.170 Hearing examiner power to correct or clarify.

Within 21 calendar days of the issuance of the decision, the hearing examiner may amend the decision to correct ministerial errors clearly identifiable from the public record or to clarify any statement in the written decision, as long as the clarification does not alter the intent or effect of the decision. Such a correction or clarification does not affect any time limit provided in this process. (Ord. 2071 § 2, 1996)

1.35.175 Appeal of hearing examiner decision.

A decision of the hearing examiner shall be appealable to superior court pursuant to the Land Use Petition Act (Chapter 36.70C RCW). As specified by RCW 36.70C.040, an appeal must be filed within 21 days from the date on which a decision is issued. The date of issue is three days after mailing. The cost to produce any record, including a transcript, shall be paid by the appellant. (Ord. 2957 § 5, 2012; Ord. 2071 § 2, 1996)

1.35.180 Amendment of an approved project or permit.

A. General. Except as otherwise provided in this section, an amendment of an approved project or permit shall be treated as a new application for decision using Process I.

B. Administrative Amendment of Conditional Use Permits, Shoreline Conditional Use Permits, Special Use Permits, and Planned Unit Developments. The following additions and activities to an approved project or decision are exempt from conditional use permits, special use permits, and planned unit development review, unless otherwise required by city code or by the terms of a concomitant agreement:

1. Repair without a change in the dimensions or configuration of the structure or sign; or

2. The addition of minor structural elements such as fences, carports and mechanical equipment; or

3. Restriping of parking or circulation areas, minor adjustments to parking area layout; provided, the total number of stalls does not fall below the requirements of the zoning code; or

4. Minor adjustments in building height not to exceed 10 percent in height, or minor adjustments in building location not to exceed 10 feet in any direction; provided, the structures do not vary from zoning code requirements to any greater degree than as approved with the original application; or

5. Reductions in freestanding sign size and height, and minor increases in sign height not to exceed 10 percent in height or minor adjustments in sign location not to exceed five feet in any direction; provided, the sign(s) does not vary from zoning code requirements to any greater extent than as approved with the original application; or

6. Reductions in wall sign size, and minor adjustments in sign location on any one side of a building; or

7. Changes in color, design or in plant material.

C. Additional Criteria. In addition to those additions and activities listed in subsection (B) of this section, the community development director may determine that a proposed amendment to an approved project or permit is not suitable for administrative review if:

1. The proposal may result in any unmitigated significant adverse impact; and

2. The proposal is inconsistent with PUD/conditional use permit requirements or applicable design criteria; and

3. The proposal adds more than 300 square feet of new floor area per building, to approved building(s).

D. Appeal. The decision of the community development director pursuant to this section is appealable to the hearing examiner using Process II.

E. Decision Criteria for Administrative Amendment. The community development director shall act on a proposed amendment to an approved project or permit, including signs and sign programs, if:

1. The amendment maintains the design intent or purpose of the original approval, and does not modify zoning code requirements to any greater extent than any modification with the original application; and

2. The amendment maintains the quality of design or product established by the original approval; and

3. The amendment does not add more than the following:

a. More than 1,000 square feet for an existing or approved building; or

b. An addition of 1,000 square feet maximum for new structures; or

c. An increase of 20 percent of total existing sign for freestanding signs, and/or 20 percent increase of total existing sign area for wall signs not to exceed maximum allowed by code; and

4. An addition of up to 1,000 square feet per existing or approved building is automatically treated as an administrative amendment unless the addition is exempt under subsection (B) of this section; and

5. The amendment does not cause a significant adverse environmental impact beyond the site; and

6. The amendment is not precluded by the terms of the city code or by state law from being decided administratively; and

7. The applicant has carried the burden of proof and produced evidence sufficient to support the conclusion that the application merits approval or approval with modifications; and

8. The applicant has demonstrated that the proposal complies with the applicable criteria of the city code.

F. Conditions. The community development director may include conditions as part of the approval or approval with modifications to ensure conformance with the provisions of this section.

G. Written Proposed Decision. The community development director shall issue a written proposed decision on the administrative amendment which contains the following:

1. A description of the project or decision and the proposed administrative amendment; and

2. An analysis of the proposed administrative amendment using the applicable decision criteria and a determination that the administrative amendment is within the scope of an administrative amendment pursuant to subsection (E) of this section; and

3. A statement that the administrative amendment is proposed to be approved, approved with modifications or denied subject to the provisions of this section; and

4. A statement of facts upon which the proposed decision, including any conditions, was based and conclusions derived from those facts.

H. Notice of Decision.

1. Content. The community development director shall issue notice of the decision containing the following:

a. The name of the applicant, and if applicable, the project name; and

b. The street address of the subject property and a description in nonlegal terms sufficient to identify its location; and

c. A vicinity map indicating the location of the subject property; and

d. The file number of the previously approved project or decision; and

e. A brief description of the previously approved project or decision and of the proposed administrative amendment; and

f. A statement that the decision of the director is appealable to the hearing examiner.

2. Distribution. The community development director shall issue the notice of the decision to:

a. The applicant; and

b. Each owner of real property abutting or directly across a public right-of-way from all contiguous property owner by the applicant determined by projecting the property line of that property. (Ord. 3243 § 8, 2017; Ord. 2957 § 6, 2012; Ord. 2441 § 1, 2003; Ord. 2310 § 1, 2000)

1.35.200 Process II: administrative decisions – Appeal to hearing examiner.

Unless specifically provided otherwise in the Lynnwood Municipal Code, LMC 1.35.200 through 1.35.260 shall apply to administrative decisions including decisions on permits and decisions of department directors, or whenever a provision of the Lynnwood Municipal Code requires a decision using Process II. (Ord. 2796 § 2, 2009; Ord. 2071 § 2, 1996)

1.35.210 Scope.

LMC 1.35.200 through 1.35.260 set forth the procedures that the city shall use in implementing Process II. This process includes a hearing and decision by a hearing examiner. (Ord. 2071 § 2, 1996)

1.35.220 Process on appeal.

An appeal from a decision under a provision of the Lynnwood Municipal Code that provides for an appeal using Process II shall be processed as follows:

A. The appeal shall be filed with the department director within 14 days from the issuance of the decision which is the basis for the appeal. The fee for filing an appeal shall be shown in Chapter

3.104 LMC. The timely filing of an appeal shall stay the effective date of the decision until such time as the decision is adjudicated or withdrawn.

B. The appeal shall include a statement of why the appellant believes the decision is in error. (Ord. 2796 § 3, 2009; Ord. 2699 § 3, 2007; Ord. 2071 § 2, 1996)

1.35.230 Notice of appeal hearing.

A. Upon timely appeal from a decision under a provision of the Lynnwood Municipal Code that provides for an appeal using Process II, the department director shall prepare a written notice of appeal hearing containing all of the following:

1. The name of the appellant and, if applicable, the project name;

2. The citation of the Lynnwood Municipal Code provision(s) which is the subject of the appeal;

3. A brief description of the act or circumstances which is the basis of such determination;

4. The date, time and place of the hearing which shall not be earlier than 10 calendar days nor more than 30 days from the date of the notice of hearing, unless extended by agreement, or to combine with other pending or potential appeals;

5. A statement of the appellant’s right to call witnesses and present evidence;

6. A statement that only the appellant and the appropriate department director may appeal the decision of the hearing examiner;

7. A brief summary statement of the reason(s) for the appeal, as such a statement is provided by the appellant or is clear from the written appeal.

B. The notice of appeal hearing shall be sent to the appellant, at the address given in his notice of appeal, by certified mail, return receipt requested, and by first class mail, postage prepaid. (Ord. 2796 § 4, 2009; Ord. 2071 § 2, 1996)

1.35.240 Appeal hearing.

A. Who May Participate. The appellant, the appropriate city staff, any witnesses called by the appellant or city staff, and any other person may participate in an appeal hearing.

B. Burden of Proof. The appellant has the burden of proof to establish, by a preponderance of the evidence, that the decision appealed from is incorrect, including as applicable, whether the action conforms to relevant elements of the city’s development regulations, comprehensive plan, and that any significant adverse environmental impacts have been adequately addressed.

C. Hearing Record. An electronic sound recording of each hearing shall be made. (Ord. 2071 § 2, 1996)

1.35.245 Authority and action of hearing examiner.

The hearing examiner shall conduct a hearing following which the hearing examiner shall determine whether the decision appealed from was correct, considering whether it conformed to relevant elements of the city’s development regulations, comprehensive plan, and that any significant adverse environmental impacts have been adequately addressed. The hearing examiner shall issue a written decision within 10 city of Lynnwood working days following the conclusion of all testimony and hearings. The decision shall contain findings of fact and conclusions of law and a statement of the appeal and reconsideration rights provided in this code. (Ord. 2796 § 5, 2009; Ord. 2071 § 2, 1996)

1.35.250 Distribution and effect of examiner’s decision.

A. Within three city of Lynnwood working days of its issue, the examiner’s decision shall be distributed by the applicable department director to the appellant and all who participated in the public hearings.

B. A hearing examiner’s decision on the appeal is the final decision of the city, which may be appealed to the superior court as provided in LMC 1.35.260. (Ord. 2071 § 2, 1996)

1.35.255 Request for reconsideration.

A. Time Period for Filing Request for Reconsideration. Within seven calendar days of the date of the hearing examiner’s decision, the appellant or the applicable department director may file, with the examiner, a written request for reconsideration. Such request shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the hearing, which is the basis of the request. An appellant or department director may file only one request for reconsideration, even if the reconsidered decision modifies the hearing examiner’s initial decision.

B. Examiner’s Action on Request for Reconsideration.

1. Within seven days from the filing of a request for reconsideration, the examiner shall issue a written decision on the request. If the examiner decides to reconsider, the decision to reconsider shall be mailed to all who participated in the prior hearings no later than three days after the examiner’s decision.

2. The examiner shall determine whether to hold additional hearings on the matter. Notice of any additional hearings shall be mailed to all who participated in the prior hearings no later than seven days prior to the hearing.

3. The reconsidered decision shall be distributed to the appellant, the appropriate department director, and all who participated in the hearing(s).

C. Effect of Filing Request for Reconsideration. The filing of a request for reconsideration does not stay the appeal period provided in LMC 1.35.260. However, if the request for reconsideration is granted, the appeal period is stayed pending reconsideration. (Ord. 2071 § 2, 1996)

1.35.260 Appeal of hearing examiner’s decision to superior court.

Any appeal must be timely filed or it is barred. The appeal must be filed within 21 days from the date on which a decision is issued. The date of issue is three days after mailing. The cost to produce any record, including transcript, shall be paid by the appellant. (Ord. 2071 § 2, 1996)

1.35.300 Process III: administrative permits review process.

LMC 1.35.300 through 1.35.360 shall apply to applications for city administrative permits or whenever a provision of the Lynnwood Municipal Code requires a decision using Process III. (Ord. 1909 § 1, 1992)

1.35.310 Scope.

LMC 1.35.300 set forth the procedures that the city will use in implementing Process III. This process includes an opportunity for public comment, followed by a decision by the applicable department director and rights of appeal. (Ord. 1909 § 2, 1992)

1.35.320 State Environmental Policy Act.

The State Environmental Policy Act (SEPA) may apply to an action taken under LMC 1.35.300. See LMC Title 17 for additional notice provisions, decision authority and other review requirements. (Ord. 1909 § 3, 1992)

1.35.325 Authority of department directors.

The applicable department director shall approve, approve with modification and/or conditions, or deny each application. (Ord. 1909 § 4, 1992)

1.35.330 Public notice of impending decision.

A. Content of Notice. The applicable department director shall prepare notice of an impending decision on an application for an administrative permit, containing all of the following:

1. The name of the applicant and, if applicable, the project name;

2. The street address of the subject property of a description in nonlegal terms sufficient to identify its location;

3. The citation of applicable provisions of the Lynnwood Municipal Code;

4. A brief description of the action, permit or approval requested in the application;

5. The date on which the public comment period ends;

6. A statement of the right of any person to participate in the decision as provided for in LMC 1.35.333;

7. A statement that only those persons who participate in the decision as provided in LMC 1.35.333 may appeal the decision of the applicable department director.

B. Time of Notice. The applicable department director shall provide such notice at least 14 days prior to the decision.

C. The applicable department director shall provide such notice by:

1. Publishing it in the official newspaper of the city (see Chapter 1.08 LMC).

2. Posting it at each official posting place of the city (see Chapter 1.12 LMC).

3. Mailing the notice to each owner of real property within 300 feet of any boundary of the subject property and of any property contiguous thereto which is in the applicant’s ownership. Notice mailed to the addressee found on the city of Lynnwood utility billing records, or if there is no such record for any given lot, then notice mailed to the last owner of record in the office of the county treasurer shall be deemed proper notice.

4. Mailing the notice addressed to “occupant/tenant” of each address in a multiple-residential building or mobile home park within the applicant’s property or contiguous to the subject property and to each address in a multiple-residential building or mobile home park within 300 feet of any boundary of the subject property and of any property contiguous thereto which is in the applicant’s ownership. “Occupant/tenant” must be addressed by unit in a multiple-unit building or mobile home park but need not be identified by name.

5. Mailing the notice to each person who has requested such notice in writing for the calendar year and who has paid the fee as shown in Chapter 3.104 LMC.

D. Notice by mail requirements shall be satisfied by substantial compliance with this section. (Ord. 2699 § 4, 2007; Ord. 1909 § 5, 1992)

1.35.333 Public comment process before director’s decision.

Any person may participate in the department director’s decision by submitting written comments on the application to him prior to the date on which the decision is to be made. (Ord. 1909 § 6, 1992)

1.35.335 Department director’s decision.

On or after the date specified in the notice of upcoming decision as the close of the public comment period, the applicable department shall either approve, approve with modifications and/or conditions, or deny the application. (Ord. 1909 § 7, 1992)

1.35.336 Approval criteria.

The applicable department director may approve the application, or approve it with modifications and/or conditions only if the applicant has carried the burden of proof by producing evidence sufficient to support the conclusion that the application merits approval or approval with modifications and/or conditions and demonstrating that the proposal complies with the applicable decision criteria of the city code. (Ord. 1909 § 8, 1992)

1.35.337 Limitations on modification.

If the applicable department director modifies or imposes conditions upon the application which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to LMC 1.35.330, the applicable department director shall provide a new notice of an impending decision and obtain public comment prior to making a decision. (Ord. 1909 § 9, 1992)

1.35.340 Decision of the director.

A. Contents of Decision. The applicable department director shall issue a written decision on the application which contains all of the following:

1. A statement indicating that the application is approved, approved with modifications and/or conditions, or is denied;

2. A statement of any conditions included as part of an approval or approval with modifications;

3. A statement of the facts upon which the decision, including any modifications or conditions, was based and the conclusions derived from those facts;

4. A statement that any person who participated in the decision pursuant to LMC 1.35.333 may appeal the decision a provided in LMC 1.35.350;

5. A statement detailing the information set forth in LMC 1.35.360(E).

B. Distribution of Decision. The applicable department director shall distribute the written decision of the director, bearing the date of distribution, to every member of the city council and to each person who participated in the decision pursuant to LMC 1.35.333. (Ord. 1909 § 10, 1992)

1.35.345 Effect of director’s decision.

Subject to LMC 1.35.350, the decision on the application by the applicable department director is the final decision of the city. (Ord. 1909 § 11, 1992)

1.35.347 Commencement of activity.

Subject to LMC 1.35.350, the applicant may commence activity or obtain other required approvals authorized by the approval or approval with modifications and/or conditions, 15 days following the date on which the final decision of the director is distributed. The city may waive this requirement if the applicant and all parties of record agree in writing to waive the appeal period. If the decision of the applicable department director is appealed pursuant to LMC 1.35.350, no activity may begin and no other city approvals may be granted. (Ord. 1909 § 12, 1992)

1.35.350 Appeal of department.

The applicant or any person who participated in the decision process pursuant to LMC 1.35.333 may appeal the decision of the applicable department director by filing an appeal with the city clerk within 14 days of the department director’s decision. (Ord. 1909 § 13, 1992)

1.35.360 Process on appeal.

An appeal from a department director’s decision on an application for an administrative permit shall be processed as follows:

A. The appeal shall include a statement of why the appellant believes the applicable department director’s decision is in error. The fee for appeals shall be shown in Chapter 3.104 LMC. The timely filing of an appeal shall stay the effective date of the applicable department director’s decision until such time as the appeal is adjudicated by the city council or is withdrawn.

B. Within five working days following the timely filing of an appeal, notice thereof and of the date, time and place for city council consideration shall be mailed to the proponent and to all other parties of record. Such notice shall additionally indicate the deadline for submittal of written comments as prescribed in LMC 2.22.100.

C. An applicable department director’s decision which has been appealed shall come up for city council consideration in open public meeting no later than 30 working days from the date the appeal was filed. The city council shall consider the matter based upon information contained in the written record before the applicable department director, the applicable department director’s decision and the appeal.

D. The city council may accept, modify or reject the applicable department director’s decision, or any findings or conclusions therein, or may remand the decision to the applicable department director for further consideration. A decision by the city council which modifies or rejects the decision by the city council which modifies or rejects the department director’s decision shall not be made until the city council has held a properly advertised public hearing, and shall be supported by findings and conclusions.

E. If, prior to city council action on the appeal of the department director’s decision, the council identifies additional conditions that should be required, and the applicant stipulates in writing his acceptance of those conditions, the council may adopt those additional conditions without further public hearings; provided, that these conditions:

1. Would not waive nor reduce any of the conditions recommended by the applicable department director or any code requirements; and

2. Would not increase the intensity of development, nor significantly alter the design or uses allowed by the proposal.

Any decision by the applicable department director shall reference the above provisions.

F. If it appears to the city council that there is additional information which should have been supplied to the applicable department director, or otherwise feels that the applicable department director should reconsider his decision, the city council shall remand the decision to the applicable department director for further consideration and may specify information to be considered or to be provided by city departments, or others. (Ord. 2699 § 5, 2007; Ord. 1909 § 14, 1992)

1.35.400 Process IV: decision by the city council after review by the planning commission or hearing examiner – Scope.

LMC 1.35.400 through 1.35.480 contain two procedures that the city may use in implementing Process IV. This process includes a decision by the city council during an open public meeting. Prior to final action by the city council, one or more public hearings will be held. (Ord. 2957 § 7, 2012; Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.405 Applicability.

LMC 1.35.400 through 1.35.480 apply each time a provision of the Lynnwood Municipal Code requires a decision using Process IV. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.410 State Environmental Policy Act.

The State Environmental Policy Act may apply to an action taken under this process. See LMC Title 17. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.415 Authority for hearings and decisions.

A. The city council shall evaluate the application and relevant information and shall make the final decision to approve, approve with modifications or conditions, or deny an application reviewed under this process.

B. For applications for quasi-judicial permits the hearing examiner shall conduct a public hearing and at the conclusion of the hearing make a recommendation to the city council. The hearing examiner recommendation shall include, and be based upon, written findings of fact and conclusions of law. During an open public meeting, the city council shall consider the public record established by the hearing examiner and the recommendation of the hearing examiner and make the final decision as provided by subsection (A) of this section.

C. For legislative actions, the planning commission shall conduct a public hearing and make a recommendation to the city council. The city council shall conduct a public hearing and make the final decision as provided by subsection (A) of this section. (Ord. 2957 § 8, 2012; Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.425 Referral to city departments and other agencies.

Concurrent with issuing notice of application, staff of the applicable department shall refer the application to all other city departments and to local, regional, state or federal agencies who may provide service(s) to the proposal or who may have special expertise for reviewing the application. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.430 Threshold determination.

A. Early Notice. Unless the application is exempt from review under the State Environmental Policy Act (SEPA), staff of the applicable department shall provide notice of the application to the city official(s) responsible for compliance with SEPA concurrent with issuing the notice of application.

B. Issue Determination. Staff of the applicable department shall send copies of the application, along with copies of all comments received from the public (ref. LMC 1.35.020(C)) and from other city departments and agencies to the city official(s) responsible for compliance with the SEPA. The SEPA official(s) shall complete and issue a threshold determination for the application following transmittal of the application and the comments on the application. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.434 Quasi-judicial permits – Informal public meeting.

Repealed by Ord. 2957. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.436 Legislative actions – Public hearing.

For area-wide rezonings, amendments to the comprehensive plan, zoning code, or subdivision code, or for other legislative actions processed through this procedure, the planning commission shall hold a public hearing and make a recommendation to the city council. Notice of this public hearing shall be distributed following issuance of the threshold determination for the action, and shall be provided at least 20 calendar days prior to the hearing. The conduct of the hearing shall be as set forth in LMC 1.35.445 and 1.35.448. Notice shall include publishing in the official newspaper of the city, posting the notice at official posting place(s) of the city. After the close of the public hearing, the planning commission shall make a recommendation to the city council regarding the proposed action. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.440 Notice of hearing.

The applicable department director shall provide notice of the public hearing, as follows:

A. Content.

1. Name of the applicant and the project name;

2. Street address and/or a description of the property in nonlegal terms;

3. Citation of the portion(s) of the Lynnwood Municipal Code requiring the permit(s) for which the application has been submitted;

4. A brief description of the proposed action and the requested permit(s);

5. Date, time and place of the hearing;

6. A statement of the right of any person to participate.

B. Distribution. The applicable department director shall distribute the notice by:

1. Publishing the notice in the official newspaper of the city;

2. Posting the notice at official posting place(s) of the city and at the site (if any);

3. Mailing the notice by regular mail to owners of property within at least 300 feet of the boundary of the subject property (if any) and of any property contiguous thereto in the applicant’s ownership. For the purpose of this mailing, the applicable department director shall use the listing of ownership and addresses on the city of Lynnwood utility billing records. If no record for any given lot is shown on those records, then the last owner of record in the office of the county treasurer shall be deemed proper notice;

4. Mailing the notice by regular mail to each person who has requested such notice in writing for the calendar year and who has paid a fee as shown on Chapter 3.104 LMC for this service to the administrative services director;

5. This noticing requirement shall be satisfied by substantial compliance with this section.

C. Timing. The notice of the public hearing shall be provided at least 20 calendar days before the date of the hearing. (Ord. 2699 § 6, 2007; Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.445 Conduct of a public hearing.

Anyone may participate in a public hearing by presenting oral or written testimony. Participation may include submitting written comments before or at a hearing or signing the register of the parties of record. An electronic sound recording of a hearing shall be made. The hearing body may adopt rules and procedures for the conduct of a hearing. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.448 Parties of record.

The parties of record for the application shall include:

A. Persons who speak at public hearing;

B. Persons who present written testimony either at or before a public hearing;

C. Persons who sign the register of the parties of record at a public hearing;

D. The applicant; and

E. The members of the city council. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.450 Decision.

Repealed by Ord. 2957. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.455 Criteria.

The city council may approve or approve with modifications or condition an application if the city council finds that the applicant has carried the burden of proof and has produced evidence sufficient to support the conclusion that the application merits approval and that the proposal complies with the applicable decision criteria in the comprehensive plan and the municipal code. In all other cases, the city council shall deny the application. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.460 Findings of fact and conclusions of law.

For quasi-judicial Process IV permits, the city council shall adopt findings of fact and conclusions derived from those facts which support the decision of the city council to deny, approve or approve with modifications or conditions. The city council may, by reference, adopt some or all of the findings and conclusions recommended by the hearing examiner. (Ord. 2957 § 11, 2012; Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.465 City council decision – Distribution.

The applicable department director shall send by regular mail the decision of the city council (including any findings of fact and conclusions of law) to each party of record and shall make a copy of the decision available for public review at the applicable department. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.470 Administrative services director power to correct or clarify.

Within 21 calendar days of the issuance of the city council’s decision, the administrative services director may amend the written decision to correct ministerial errors clearly identifiable from the public record or to clarify any statement in the decision, as long as the clarification does not alter the intent or effect of the action by the city council. Such a correction or clarification does not affect any time limit provided in this process. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.480 Appeal to superior court.

Any person’s (with “standing,” as defined by RCW 36.70C.060) appeal to superior court must be timely filed, or is thereafter barred. The decision must be appealed no more than 21 calendar days from the date on which a land use decision is issued. The date of issue is three calendar days after mailing (see LMC 1.35.465). The cost to produce any record, including a transcript of any public hearing, shall be paid by the appellant. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.600 Process VI: appeals of administrative determinations to the hearing examiner – Scope.

LMC 1.35.600 through 1.35.640 set forth the procedures for Process VI, which allows an open record appeal of an administrative decision to the hearing examiner. It also allows a closed-record appeal of the hearing examiner’s decision to the city council. (Ord. 2071 § 5, 1996)

1.35.605 Authority of hearing examiner.

When considering an appeal of an administrative action under this process, the hearing examiner may review all aspects of the decision and may uphold, revise, or reverse (in whole or in part) the decision. The examiner shall complete action on the appeal and issue a written decision within 90 calendar days of receipt of the appeal by the applicable department director. (Ord. 2071 § 5, 1996)

1.35.610 Set date of appeal hearing.

Upon receipt of an appeal of an administrative decision, the applicable department director shall set the date for a public hearing on the appeal before the hearing examiner. The date of the public hearing shall be at least 20 calendar days after notice of the hearing is provided (ref. LMC 1.35.615). (Ord. 2071 § 5, 1996)

1.35.615 Notice of appeal hearing.

The applicable department director shall prepare a notice of the appeal hearing that shall include, at a minimum, the following information:

A. The name of the appellant;

B. The project name;

C. The action being appealed;

D. The date, time, and place of the hearing;

E. A brief statement of the basis of the appeal, as stated in the appeal. (Ord. 2071 § 5, 1996)

1.35.620 Distribution of notice of appeal hearing.

The applicable department director shall distribute the notice of the hearing as follows:

A. By regular mail to the appellant and all parties of record.

B. By publishing in the official newspaper of the city.

C. By posting at each official posting place of the city and at the project site. (Ord. 2071 § 5, 1996)

1.35.625 Appeal hearing.

A. Who May Participate. Any person may participate in the appeal hearing by submitting written testimony before or at the hearing, or by speaking at the hearing;

B. Parties of Record. The parties of record for the application shall include:

1. Persons who speak at the public hearing;

2. Persons who present written testimony either at or before the public hearing; and

3. Persons who sign the register of the parties of record at the public hearing.

The applicant and the members of the city council shall be parties of record to any public hearing before the hearing examiner.

C. Burden of Proof. At the hearing, the applicant has the burden of proof to establish, by a preponderance of evidence, that the staff erred in taking the action under appeal.

D. Hearing Record. The hearing examiner shall make an electronic sound recording of each hearing. (Ord. 2071 § 5, 1996)

1.35.630 Action by the hearing examiner.

Within 14 calendar days following the conclusion of the hearing, the hearing examiner shall issue a written decision which shall contain:

A. A statement of the decision;

B. A statement of the facts upon which the action is based and the conclusions derived from those facts;

C. A statement of the right of any person who participated in the public hearing to appeal the hearing examiner’s decision to the city council. (Ord. 2071 § 5, 1996)

1.35.635 Distribution of decision.

The applicable department director shall distribute the written decision of the hearing examiner to each person who participated in the public hearing. (Ord. 2071 § 5, 1996)

1.35.640 Appeal to city council.

Any party of record may appeal the hearing examiner’s decision to the city council by filing a written appeal of that decision with the applicable department director within 14 calendar days of the date of issue of that decision. The appeal shall state the reasons why the appellant believes that the hearing examiner’s decision was in error. Any such appeal shall be processed pursuant to Process VII, LMC 1.35.700 et seq. (Ord. 2071 § 5, 1996)

1.35.700 Process VII: appeals of decisions by the hearing examiner to city council – Scope.

LMC 1.35.700 through 1.35.740 set forth the procedures for Process VII, which allows a closed record appeal of a decision by the hearing examiner to the city council. (Ord. 2071 § 6, 1996)

1.35.702 Process VII: time for appeal.

An appeal from a decision of the hearing examiner under Process VII shall be filed with the department director within 14 days from the date of issuance of the decision being appealed, unless a different appeal period is stated in another provision of the city code. The fee for filing an appeal in the amount established in Chapter 3.104 LMC shall be submitted with the appeal. The timely filing of an appeal shall stay the effective date of the decision until such time as the decision is adjudicated or withdrawn. (Ord. 3311 § 3, 2018)

1.35.705 Authority of city council.

When considering an appeal of an action under this process, the city council may review all aspects of the decision and may uphold, revise, or reverse the decision being appealed. The city council shall make the final decision of the city on the action, and shall exercise all the decision-making power that the city council would have had to approve, approve with modifications or conditions, or deny, had the city council presided over the hearing held by the hearing examiner. The city council shall decide the appeal on the basis of the established record, with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. (Ord. 2071 § 6, 1996)

1.35.708 Time limit.

The city council shall complete action on the appeal and adopt a final action within 60 calendar days of receipt of the appeal by the applicable department director. The parties to an appeal may agree to extend this time period. Parties to an appeal are the applicant, the appellant and the city. (Ord. 2071 § 6, 1996)

1.35.710 Content of request for appeal.

A request for appeal shall include, at a minimum, the following information:

A. The name of the appellant;

B. The project name;

C. The action being appealed;

D. A brief statement of the basis of the appeal. (Ord. 2071 § 6, 1996)

1.35.715 Notice of appeal meeting.

The applicable department director shall prepare a notice of the appeal that shall include, at a minimum, the following information:

A. The name of the appellant;

B. The project name;

C. The action being appealed;

D. The date, time, and place of the appeal meeting;

E. A brief statement of the basis of the appeal, as stated in the appeal;

F. A statement that the city council may consider limited new information;

G. A statement that the city council will make the final decision on the application, which decision may vary from the decision of the hearing examiner. (Ord. 2071 § 6, 1996)

1.35.720 Distribution of notice of appeal meeting.

The applicable department director shall distribute the notice of the appeal as follows:

A. By regular mail to the appellant and all parties of record;

B. By publishing in the official newspaper of the city;

C. By posting at each official posting place of the city and at the project site. (Ord. 2071 § 6, 1996)

1.35.725 Appeal meeting.

A. Who May Participate. Any person may participate in the appeal meeting.

B. Conduct of Meeting. The city council is required to take action on the appeal based on the record established at a prior public hearing and the decision criteria of the underlying permit. The city council will not receive, discuss or consider any information that was not part of the record; provided, that the city council may, for cause, allow limited new evidence or information to be submitted. The city council may receive oral or written appeal argument that is limited to the established record. (Ord. 2071 § 6, 1996)

1.35.730 Action by the city council.

At the appeal meeting, the city council shall take action on the appeal, as provided in LMC 1.35.705. The city council may continue consideration of the appeal to a subsequent meeting; provided, that the meeting is not scheduled more than 60 calendar days from the date the appeal was received by the applicable department director, unless extended by agreement of the parties to the appeal. (Ord. 2071 § 6, 1996)

1.35.733 Report of city council decision.

A. Content. Following action on an appeal, the city council shall make findings of fact and conclusions derived from those facts which support the decision of the council to deny, approve or approve with modifications or conditions. The city council may, by reference, adopt some or all of the findings and conclusions of the hearing examiner.

B. Distribution. The applicable department director shall send by regular mail a report of the decision of the city council to each party of record. (Ord. 2071 § 6, 1996)

1.35.735 Finance director power to correct or clarify.

Within 30 calendar days of the issuance of the report, the finance director may amend the report to correct ministerial errors clearly identifiable from the public record or to clarify any statement in the written report, as long as the clarification does not alter the intent or effect of the action by the city council. Such a correction or clarification does not affect any time limit provided in this process. (Ord. 2071 § 6, 1996)

1.35.740 Appeal to superior court.

Any appeal to superior court must be timely filed, or is thereafter barred. The decision must be appealed no more than 21 calendar days from the date on which a land use decision is issued. The date of issue is three calendar days after mailing (see LMC 1.35.733). The cost to produce any record, including a transcript of any public hearing, shall be paid by the appellant. (Ord. 2071 § 6, 1996)

1.35.800 Time computation.

Recodified by Ord. 2957. (Ord. 2018 § 58, 1995)

1.35.810 Recordation of permit approval.

Recodified by Ord. 2957. (Ord. 2018 § 59, 1995)