Chapter 17.71
PERMIT DECISION AND APPEAL PROCESSES

Sections:

17.71.010    Purpose and scope.

17.71.020    Definitions.

17.71.030    Framework for decisions.

17.71.040    Process type table.

17.71.050    Specific – Process types.

17.71.060    General – Consolidated review.

17.71.070    General – Preapplication meeting requirement.

17.71.090    General – Neighborhood public meeting requirements.

17.71.100    General – City procedure – Timelines.

17.71.110    General – Computation of 120-day clock.

17.71.120    General – Notice of application procedures.

17.71.130    General – Open record hearing procedures.

17.71.140    General – Closed record hearing procedures.

17.71.150    General – Administrative appeal procedure.

17.71.154    Commencement of activity.

17.71.155    Deadline for hearing examiner decisions and recommendations.

17.71.160    General – Limitations on refiling an application.

17.71.010 Purpose and scope.

The purpose of this chapter is to establish standard procedures for all land use decisions made by the city and associated appeal processes. The procedures are designed to promote timely and informed public participation, provide efficient review and determination of land use decisions, and result in development approvals that further city goals as set forth in the comprehensive plan. As required by RCW 36.70B.060, these procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with the procedures for review of land use decisions and provide for the consolidation of appeal processes for land use decisions.

In case of conflict between the text of this chapter and the tables in MMC 17.70.030D and 17.71.040, the tables shall prevail. (Ord. 1741 § 38, 2009).

17.71.020 Definitions.

As used in this chapter, the following terms are defined as:

A. “Application, complete” means an application which meets the requirements outlined in Chapter 17.70 MMC (Application Requirements).

B. “Applicable director” means the director of planning and community development, building official, SEPA responsible official, public works director, fire chief, land use administrator, or designee for any of these.

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

D. “Closed record hearing” means a hearing, conducted by a single hearing body or officer authorized to conduct such hearings, in which testimony is restricted to information contained in the record developed in a prior open record hearing. Additional evidence may only be entertained as allowed by Chapter 36.70C RCW.

E. “Permit or application” means any land use or environmental permit or license required for a project action, including, but not limited to, subdivisions, short subdivisions, variances, planned development district master plans, conditional uses, shoreline substantial development permits, site plan approval, permits or approvals required by the critical areas ordinance, or site specific rezones authorized by a comprehensive plan.

F. “Public or neighborhood meeting” means an informal meeting, hearing, workshop, or other public gathering to obtain comments from the public or other agencies on a proposed project permit prior to the decision. A public meeting does not constitute an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the project permit application file. (Ord. 1741 § 38, 2009).

17.71.030 Framework for decisions.

There are six processes (Process Types I through VI) based on who makes the decision. Please refer to the process type table, MMC 17.71.040.

In general, Process Types I through III are administrative, minor or ministerial decisions made by city officials. Process categories differ according to the amount of public participation.

Process Types IV and V decisions are quasi-judicial. Process Type IV decisions are made by the hearing examiner on project applications. Process Type V decisions are made by the city council.

Process Type VI decisions are legislative nonproject decisions made by the city council. (Ord. 1741 § 38, 2009).

17.71.040 Process type table.

17.71.040 Process Types 

 

Administrative

Quasi-Judicial

Legislative

Process I

Process II

Process III

Process IV

Process V

Process VI

Preapplication Meeting

None

None

Optional

Recommended

Recommended

Recommended

Notification Requirement

None

None

500 feet

500 feet

500 feet

Citywide

Neighborhood Meeting

None

None

Optional

Required

Required

Optional

Written Report

None

Staff

Staff

Applicable Director

Applicable Director

Applicable Director

Open Record Hearing

None

None

None

Hearing Examiner

Hearing Examiner

Planning Commission

Closed Record Hearing

None

None

None

None

City Council

City Council

Decision-Maker

Applicable Director

Applicable Director/HE

Applicable Director

Hearing Examiner

City Council

City Council

Administrative Appeal

None

Hearing Examiner

Hearing Examiner

None

None

None

Judicial Appeal

Superior Court

Superior Court

Superior Court

Superior Court

Superior Court

Growth Management Hearings Board or Superior Court

 

 

 

 

Type of Review/Permit

Enforcement Action

MMC Titles 5 – 18

Code Interpretation

MMC Titles 8 – 18

Minor Site Plan Approval

Chapter 17.62 MMC

Preliminary Subdivision

Chapter 16.12 MMC

Planned Development Master Plan

Chapter 17.38 MMC

Code Amendment

MMC Title 17

Engineering and Utilities

MMC Titles 12, 13, 16

Home Occupation

Chapter 17.44 MMC

Preliminary Short Plat

Chapter 16.28 MMC

Binding Site Plan

Chapter 16.30 MMC1

Special Use Permit

Chapter 17.42 MMC4

Comprehensive Plan Amendment

Chapter 17.67 MMC

Clear and Grade Permit

Chapter 13.26 MMC

Final Subdivision

Chapter 16.12 MMC1, 2

Minor Wireless Communication Facility

Chapter 17.58 MMC

Major Wireless Communication Facility

Chapter 17.58 MMC

 

Zoning Map Amendment5

Chapter 17.68 MMC

Storm Water Drainage Permit

Chapter 13.26 MMC

Deviation from Standards

Chapter 12.24, 13.26 or 17.50 MMC

Modifications to Process IV Decisions

Mobile Home Park

Chapter 17.60 MMC1

Shoreline Master Plan Amendment

Chapter 18.12 MMC

Building Permit

MMC Title 15

Nonconforming Sign

Chapter 17.50 MMC

SEPA

Threshold determination not otherwise combined

Chapter 18.16 MMC

Major Site Plan Approval

Chapter 17.62 MMC

 

Boundary Line Revision

Chapter 16.29 MMC1

Nonconforming Structures or Uses

Chapter 17.52 MMC

Shoreline Substantial Development Permit6

Chapter 18.12 MMC

Conditional Use Permit

Chapter 17.64 MMC

Sign Permits

Chapter 17.50 MMC

Critical Areas Decision (Map)

Chapter 18.16 MMC1

Revocation of Decision

All Processes

Temporary Use

Chapter 17.56 MMC

Design Review

Chapter 17.43 MMC

Variance

Chapter 17.65 MMC3

Critical Areas or Exemption

Chapter 18.16 MMC

Shoreline Permit

Chapter 18.12 MMC

Final Short Plat

Chapter 16.28 MMC1

Reasonable Use Exception

Chapters 17.65 and 18.16 MMC

Notes:

1 Required to be recorded.

2 Before the hearing examiner, no administrative appeal.

3 Neighborhood meeting optional.

4 1,000- or 2,000-foot radius for notice.

5 Appeals of zoning map amendments go to either superior court or the Growth Management Hearings Board, as dictated by Chapters 36.70A and 36.70C RCW.

6 See Chapter 18.12 MMC for appeal procedures.

(Ord. 1841 § 3, 2014; Ord. 1837 § 6, 2014; Ord. 1803 § 4 (Exh. C), 2012; Ord. 1761 § 4, 2010; Ord. 1741 § 38, 2009).

17.71.050 Specific – Process types.

A. Process Type I. Process Type I applications are for ministerial, nondiscretionary permits with only judicial appeal possible.

1. Preapplication Meeting.

a. None required.

2. Notification Requirement.

a. No notification required.

3. Neighborhood Meeting.

a. No neighborhood meeting required.

4. Written Report.

a. No written report of the Process Type I decision is required. The permit itself or the approved final short plat or approved boundary line adjustment shall represent the Process Type I decision. The project record shall consist of the application materials, any requests for revisions, any associated correspondence, the permit itself, and any other written documents indicating the application decision. If the applicable director denies the permit, the file shall contain written documentation demonstrating the basis of this decision.

5. Open Record Hearing.

a. No open record hearing is allowed.

6. Closed Record Hearing.

a. No closed record hearing is permitted.

7. Decision-Maker.

a. The applicable director is the decision-maker.

8. Administrative Appeal.

a. No administrative appeal is allowed.

9. Judicial Appeal.

a. General. A final city decision on a Process Type I permit application should be appealed according to the judicial appeal process specific to that permit. Final land use decisions may be appealed to superior court by filing a land use petition meeting the requirements set forth in Chapter 36.70C RCW.

B. Process Type II. Process Type II applications are for administrative decisions, no public notice, with administrative appeal as well as judicial appeal.

1. Preapplication Meeting.

a. None required.

2. Notification Requirement.

a. No notification required.

3. Neighborhood Meeting.

a. No neighborhood meeting required.

4. Written Report.

a. The applicable director or designee shall prepare a written decision for each Process Type II application. The decision record may be in the form of a staff report, letter, the permit itself or other written document. In the case of a final subdivision, the report shall be written as a recommendation to the hearing examiner.

b. For each Process Type II application, the applicable director or hearing examiner shall indicate whether the decision was to approve, approve with conditions or deny the permit. The applicable director’s or hearing examiner’s decision must reflect compliance with applicable review criteria and/or the specific code section governing the permit, any conditions necessary to ensure consistency with city development regulations, and may include any mitigation measures proposed under the provisions of the State Environmental Policy Act (SEPA).

5. Open Record Hearing.

a. An open record hearing shall be conducted by the hearing examiner as governed by MMC 17.71.130 for administrative appeals; provided, that notice shall only be required for the applicant and city and that only the applicant and city shall have a right to participate in the appeal hearing. The applicant and city may present witnesses to the extent their testimony is relevant to the appeal.

6. Closed Record Hearing.

a. No closed record hearing is permitted.

7. Decision-Maker.

a. The applicable director is the decision-maker, or in the case of a final subdivision, the hearing examiner is the decision-maker.

8. Administrative Appeal.

a. Process Type II decisions are subject to administrative appeal as governed by MMC 17.71.150. Administrative appeals filed on Process Type II decisions are heard by the hearing examiner. There is no administrative appeal of a final subdivision.

9. Judicial Appeal.

a. A final land use decision may be appealed to superior court by filing a land use petition meeting the requirements set forth in Chapter 36.70C RCW.

C. Process Type III. Process Type III applications are for administrative decisions, with proper public notice, and administrative appeal as well as judicial appeal.

1. Preapplication Meeting.

a. A preapplication meeting may be requested at the option of the applicant.

2. A notice of application must be prepared and distributed as specified in MMC 17.71.120.

3. Neighborhood Meeting.

a. Neighborhood meetings are not required. They are at the option of the applicant. The department of planning and community development shall set a date for such a meeting if one is requested by the applicant or the applicant’s agent.

4. Written Report.

a. The applicable director or designee shall prepare a written decision for each Process Type III application. The decision record may be in the form of a staff report, letter, the permit itself or other written document.

b. For each Process Type III proposal, the applicable director shall indicate whether the decision was to approve, approve with conditions or deny the permit. The applicable director’s decision must reflect compliance with applicable permit or approval review criteria and/or the specific code section governing the land use permit, any conditions necessary to ensure consistency with city development regulations, and may include any mitigation measures proposed under the provisions of the State Environmental Policy Act (SEPA).

5. Open Record Hearing.

a. An open record hearing shall be conducted by the hearing examiner for administrative appeals.

6. Closed Record Hearing.

a. No closed record hearing is permitted.

7. Decision-Maker.

a. The decision-maker is the applicable department director.

8. Administrative Appeal.

a. Process Type III decisions are subject to administrative appeal as governed by MMC 17.71.150. Administrative appeals filed on Process Type III decisions are heard by the hearing examiner in an open record hearing as governed by MMC 17.71.130.

9. Judicial Appeal.

a. A final land use decision may be appealed to superior court by filing a land use petition meeting the requirements set forth in Chapter 36.70C RCW.

D. Process Type IV. Process Type IV applications are for discretionary permits or land use approvals with full public notice, a required neighborhood meeting, which are decided upon by the hearing examiner with an administrative appeal to the city council.

1. Preapplication Meeting.

a. Preapplication meetings are heavily encouraged by the city so that fundamental errors may be avoided by the applicant. The meetings are, however, optional on the part of the applicant.

2. Notice of Application. A notice of application shall be prepared and distributed for Type IV applications as specified in MMC 17.71.120.

3. Neighborhood Meeting.

a. A neighborhood meeting is required for all Process Type IV proposals. The department of planning and community development shall set a date for such a meeting.

4. Written Report.

a. The applicable director shall prepare a staff report containing findings of facts and conclusions of law and a written recommendation to the hearing examiner for each Process Type IV decision.

b. For each Process Type IV proposal, the applicable director shall indicate whether the recommendation was to approve, approve with conditions or deny the permit. The applicable director’s recommendation must reflect compliance with applicable review criteria and/or the specific code section governing the land use permit, any conditions necessary to ensure consistency with city development regulations, and may include any mitigation measures proposed under the provisions of the State Environmental Policy Act (SEPA).

5. Open Record Hearing. An open record hearing shall be held by the hearing examiner on Type IV applications as governed by MMC 17.71.130.

6. Decision-Maker/Criteria.

a. The hearing examiner is the decision-maker for a Process Type IV process application. The hearing examiner shall approve a project, or approve with modifications if the applicant has demonstrated the proposal complies with the applicable decision criteria of the Milton Municipal Code and all applicable development standards. The applicant carries the burden of proof and must demonstrate a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the hearing examiner shall deny the application.

7. Administrative Appeal.

a. Process Type IV decisions are subject to administrative appeal as governed by MMC 17.71.150. Administrative appeals filed on Process Type IV decisions are heard by the city council in a closed record hearing as governed by MMC 17.71.140.

8. Judicial Appeal.

a. A final city decision on a land use permit or zoning (MMC Title 17) application for a Process Type IV decision may be appealed to superior court by filing a land use petition meeting the requirements set forth in Chapter 36.70C RCW.

E. Process Type V. Process Type V applications are for discretionary, quasi-judicial permits or land use approvals with full public notice, and a required neighborhood meeting, which are decided upon by the city council.

1. Preapplication Meeting.

a. Preapplication meetings are heavily encouraged by the city so that fundamental errors may be avoided by the applicant. The meetings are, however, optional on the part of the applicant.

2. Notification of Application. Type V applications must prepare and distribute a notice of application as governed by MMC 17.71.120.

3. Neighborhood Meeting.

a. A neighborhood meeting is required for all Process Type V proposals. The department of planning and community development shall set a date for such a meeting.

4. Written Report.

a. The applicable director shall prepare a staff report containing findings of facts and conclusions of law and a written recommendation to the hearing examiner for each Process Type V decision.

b. For each Process Type V proposal, the applicable director shall indicate whether the recommendation was to approve, approve with conditions or deny the permit. The applicable director’s recommendation must reflect compliance with applicable review criteria and/or the specific code section governing the land use permit, any conditions necessary to ensure consistency with city development regulations, and may include any mitigation measures proposed under the provisions of the State Environmental Policy Act (SEPA).

5. Open Record Hearing.

a. The hearing examiner shall conduct the open record hearing for Process Type V applications as governed by MMC 17.71.130.

b. Transmittal of File. The applicable director shall transmit to the hearing examiner all written comments received prior to the hearing and information reviewed or relied upon by the applicable director and/or the SEPA responsible official in making the recommendation to the hearing examiner. The file shall also include information verifying compliance with public notice requirements.

c. Hearing Record. The hearing examiner shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of the hearing.

d. Criteria for Recommendation.

i. The hearing examiner in Process Type V shall recommend approval, or approval with modifications, for a project if the applicant has demonstrated the proposal complies with the applicable decision criteria of the Milton Municipal Code and all applicable development standards. The applicant carries the burden of proof and must demonstrate a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the hearing examiner shall recommend denial of the application.

e. Conditions. The hearing examiner may include conditions to ensure a proposal conforms to the relevant decision criteria.

f. Written Recommendation.

i. The hearing examiner for Process Type V shall within 10 working days following the close of the record issue a written recommendation.

ii. The recommendation shall contain the following:

(A) Any conditions of approval; and

(B) Findings of facts upon which the recommendation, including any conditions, was based and the conclusions derived from those facts.

6. Closed Record Hearing.

a. The city council shall conduct a closed record public hearing for Process Type V applications as governed by MMC 17.71.140.

b. Set Date for the Closed Record Public Hearing. The city clerk shall schedule the required public hearing before the city council after the completion of the hearing examiner’s review and recommendation on the application.

c. General. The city council shall, at a closed record public hearing as governed by MMC 17.71.140, consider and take final action on each Process Type V application.

d. Decision. The city council shall either:

i. Approve the application; or

ii. Approve the application with modifications; or

iii. Remand the application to the hearing examiner for further review, provided the hearing examiner may not conduct another hearing as prohibited by Chapter 36.70B RCW; or

iv. Deny the application.

e. Conditions. The city council may, based on the record, include conditions approving or approving with modifications an application in order to ensure the application conforms to the decision criteria.

f. Findings of Fact and Conclusions. The city council shall include findings of fact and conclusions derived from those facts, which support the decision of the council, including any conditions, approving or approving with modifications, or denial of the application. The city council may adopt by reference some or all of the findings and conclusions of the hearing examiner.

g. Distribution. The city clerk shall mail a letter, bearing the postmark date, indicating the content of the final decision of the city to the applicant, the applicant’s agent and any party of record on the application who supplied an address to the city.

h. Effect of Decision. The decision of the city council on the application is the final decision of the city and may be appealed to superior court.

i. Commencement of Activity. The applicant may commence activity or obtain other required approvals authorized by the Process Type V decision the day following the effective date of the ordinance approving the project or approving it with modifications. Activity commenced prior to the expiration of the full appeal period is at the sole risk of the applicant.

7. Decision-Maker.

a. The city council is the decision-maker for all Process Type V applications.

8. Administrative Appeal.

a. There is no administrative appeal of Process Type V applications.

9. Judicial Appeal.

a. A final land use decision may be appealed to superior court by filing a land use petition meeting the requirements set forth in Chapter 36.70C RCW.

F. Process Type VI. Process Type VI applications are for legislative decisions which are made by the city council and are heard initially by the planning commission.

1. Preapplication Meeting.

a. Most legislative proposals are public in nature with no private applicants. For site specific rezones, preapplication meetings are heavily encouraged by the city so that fundamental errors may be avoided by the applicant. The meetings are, however, optional on the part of the applicant.

2. Notice of Application. A notice of application as governed by MMC 17.71.120 shall be prepared and distributed for site specific rezones but not any other Type VI application.

3. Neighborhood Meeting.

a. Most legislative proposals are public in nature with no private applicants. For site specific rezones, neighborhood meetings are heavily encouraged by the city. The department of planning and community development shall set a date for such a meeting.

4. Written Report.

a. The applicable director shall prepare a staff report containing findings of facts and conclusions of law and a written recommendation to the planning commission for each Process Type VI application.

b. For each Process Type VI proposal, the applicable director shall indicate whether the recommendation was to approve, approve with conditions or deny the application. The applicable director’s recommendation must reflect compliance with applicable review criteria and/or the specific code section governing the land use permit, any conditions necessary to ensure consistency with city development regulations, and may include any mitigation measures proposed under the provisions of the State Environmental Policy Act (SEPA).

5. Open Record Hearing.

a. Planning Commission Open Record Hearing and Recommendation.

i. General. The applicable director will introduce Process Type VI proposals to the planning commission. The commission may schedule study sessions, as needed, to consider the proposal. Prior to making a recommendation, the planning commission shall schedule at least one public hearing; provided, that the planning commission may only hold one public hearing on site specific rezones. After the public hearing, and after any further study sessions as may be needed, the planning commission shall transmit its recommendation to the city council through the applicable director or city clerk. The city council may take final action on the proposal with or without additional public hearing(s); provided, that it may not hold any additional hearings on site specific rezones.

ii. Criteria. The planning commission may recommend the council adopt or adopt with modifications a proposal if it complies with the applicable decision criteria of the Milton Municipal Code or the development code. In all other cases, the planning commission shall recommend denial of the proposal.

iii. Limitation on Modification. If the planning commission recommends a modification that has not been subject to public participation and an additional public hearing is required by Chapter 36.70A RCW, the planning commission shall conduct a new public hearing on the proposal as modified or recommend that the city council hold another public hearing prior to adopting the modification. This subsection shall not apply to site specific rezones, where multiple hearings are prohibited by Chapter 36.70B RCW.

iv. Required Vote. A vote to recommend adoption of the proposal or adoption with modification must be by a majority vote of a quorum of the planning commission members present and voting. Any other vote constitutes a recommendation of denial of the proposal.

b. Set Date for Public Hearing. The applicable director shall schedule the required open record public hearing.

c. Participation in Hearing. Any person may participate in the open record public hearing by submitting written comments to the applicable director prior to the hearing or by submitting written comments or making oral comments at the hearing.

d. Transmittal of File. The applicable director shall transmit to the planning commission all written comments received prior to the hearing and information reviewed by or relied upon by the applicable director and/or the SEPA responsible official in making the recommendation to the city council. The file shall also include information verifying compliance with public notice requirements.

e. Hearing Record. The planning commission shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of the hearing.

f. Criteria for Recommendation. The planning commission in Process Type VI decisions shall recommend approval, or approval with modifications, for a project if the applicant has demonstrated the proposal complies with the applicable decision criteria of the Milton Municipal Code and all applicable development standards. The applicant carries the burden of proof and must demonstrate a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the planning commission shall recommend denial of the application.

g. Conditions. The planning commission may include conditions to ensure a proposal conforms to the relevant decision criteria.

h. Written Recommendation. The planning commission shall issue a written recommendation that contains findings of facts upon which the recommendation, including any conditions, was based and the conclusions derived from those facts.

i. The public hearing for a site specific rezone shall be subject to MMC 17.71.130. The notice for all other public hearings for Type VI applications shall be published on the city’s website, a newspaper of general circulation within the city and mailed to the applicant if not the city within 15 calendar days of the hearing date.

j. City Council Review and Decision.

i. Schedule for Public Hearing. The city clerk shall inquire of the city council whether it wishes to conduct a committee meeting, a study session, or, when not a site specific rezone, a public hearing on the proposal or whether it will consider the proposal as a regular agenda item. The city clerk shall schedule the hearing or meeting date for the proposal as directed by the city council.

ii. General. The city council shall consider each recommendation transmitted by the planning commission and information gathered at any of its own hearings. If the council wishes to modify the proposal and the modification has not been subject to public participation, it shall hold another open record hearing if required by Chapter 36.70A RCW, or require the planning commission to hold another open record hearing on the modification. This subsection shall not apply to site specific rezones, where multiple hearings are prohibited by Chapter 36.70B RCW.

k. Decision. The city council shall either:

i. Adopt the proposal; or

ii. Adopt the proposal with modifications; or

iii. Remand the proposal to the planning commission for further review; or

iv. Deny the proposal.

l. Findings of Fact and Conclusions. The city council shall include findings of fact and conclusions derived from those facts, which support the decision of the council. The city council may adopt by reference some or all of the findings and conclusions of the planning commission.

m. Required Vote. Since all Process VI proposals are adopted by ordinance, any approval of an ordinance requires a majority of the membership of the city council as required by RCW 35A.12.120.

n. Distribution. The city clerk shall mail a letter, bearing the postmark date, indicating the content of the final decision of the city to the applicant, the applicant’s agent and any party of record on the application.

o. Effect of Decision. The decision of the city council on the application is the final decision of the city and may be appealed to the Growth Management Hearings Board.

6. Decision-Maker.

a. The city council is the decision-maker for Process Type VI actions.

b. The decision shall be mailed to the applicant (or agent of the applicant) and anyone who requested a copy of the decision in writing and provided a mailing address or who provided a written address during a public comment period or hearing for the application. The effective date of the decision shall be considered five days after publication of the adopting ordinance, unless otherwise specified by the ordinance. Since Process Type VI decisions are adopted by ordinance, the ordinance adoption process shall provide the notice and distribution necessary for issuance of a Process Type VI decision.

7. Administrative Appeal.

a. There is no administrative appeal of Process Type VI actions.

8. Judicial Appeal.

a. Effect of City Council Action. Any party may appeal the action of the city council on a Process Type VI proposal together with any SEPA threshold determination by filing a petition with the Growth Management Hearings Board or superior court, as dictated by applicable state law. (Ord. 1741 § 38, 2009).

17.71.060 General – Consolidated review.

The applicant may elect to have all permits, except Process I permits and final subdivisions, for a project considered concurrently. The review process for land use permits for the same site with different process types will follow the higher process decision type. (Ord. 1741 § 38, 2009).

17.71.070 General – Preapplication meeting requirement.

The preapplication meeting is a meeting scheduled by the applicable director with a potential applicant for a land use permit to discuss the application submittal requirements and pertinent fees. A preapplication meeting is recommended for Process Type IV, V and VI permits and suggested for Process Type III permits. Other attendees to the preapplication meeting might include representatives from the city electric and water utilities, the storm water compliance officer and any applicable director. A preapplication meeting does not vest the project to the requirement identified at the preapplication meeting. (Ord. 1761 § 5, 2010; Ord. 1741 § 38, 2009).

17.71.090 General – Neighborhood public meeting requirements.

Where required or elected in the process type a neighborhood public meeting shall be conducted. The applicable director shall schedule public meetings as early in the review process as possible. The applicable director shall publish notice of the public meeting in the same manner as the notice of the public hearing. The applicable director will combine the public meeting notice and the notice of application whenever possible. (Ord. 1741 § 38, 2009).

17.71.100 General – City procedure – Timelines.

A. A final decision on Process Type I and II should be issued within 120 days of the filing of a complete application.

B. Process Types III through V and site specific rezone decisions, critical area decisions (Chapter 18.15 MMC) and boundary line adjustments (Chapter 16.29 MMC) must be issued within 120 days of the issuance of a notice of complete application, as governed by MMC 17.71.110(A); provided, that subdivisions and short subdivisions (including final subdivisions and short subdivisions) shall be subject to the deadlines imposed by Chapter 58.17 RCW, to the extent required by state law.

C. Clock Operation.

1. Start Date. The 120-day clock shall start upon the issuance of a notice of complete application for projects governed by subsection B of this section and upon the filing of a complete application for projects governed by subsection A of this section and will be suspended whenever a letter requesting revisions or information is issued.

2. A project clock shall restart upon application revisions being submitted to the city through its permits counter. These revisions must be submitted for all of the items of requested revision or information in the letter. If such a letter is issued by the city and a partial revision is submitted by the applicant, the clock shall not restart.

3. The number of revision cycles affects the time spent on a project. The city assumes that projects will take no more than two revision cycles. The limitation of the 120-day clock is intended to be supportive of those applicants who are striving in good faith to meet city requirements. The 120-day clock limit will be extended by 40 days for each cycle of revision for any application which exceeds two cycles of revisions.

4. End Date. The 120-day clock is intended to measure the time spent by the city from the start date to approval date. The approval date is inclusive of any approval hearings conducted by the city, but appeals are not included.

5. To the extent allowed by RCW 36.70B.080(1), the city may extend the 120-day clock for specific applications by making written findings that a specified amount of additional time is necessary.

6. The city council finds that more than 120 days is necessary to review master plan applications due to their high complexity, large scale and intensive impacts. For these reasons, master plan applications involving more than 30 acres shall be subject to a 180-day review period instead of 120 days.

D. Inactive Applications. If an applicant fails to submit information identified in the notice of incomplete application or subsequent revision requests within 120 days from the applicable director’s mailing date, the application shall be deemed withdrawn. Once an application is withdrawn, the applicable director may require a new application and/or fees to reactivate the file. The applicable director may grant extensions to the withdrawal deadline if a written request demonstrating good cause is filed with the applicable director prior to the withdrawal date. (Ord. 1741 § 38, 2009).

17.71.110 General – Computation of 120-day clock.

A. Notice of Complete or Incomplete Application. The following applies to all Process Types III through V applications, boundary line adjustments (Chapter 16.29 MMC), site specific rezones and critical areas decisions (Chapter 18.16 MMC):

1. Within 28 calendar days after the date the development permit application was filed, the applicable director shall send written notice by post to the applicant containing either of a:

a. Notice of complete application; or

b. Notice of incomplete application and a list of the information necessary to make the application complete.

2. The application will become legally complete if the applicable director does not provide the applicant a notice of incomplete application within 28 days from the date the development permit application was filed.

3. The applicable director may request additional information to supplement an incomplete application. The applicant has 120 calendar days from the postmarked date of the director’s request to provide the requested information. Within 14 calendar days after an applicant has submitted the requested additional information, the director shall notify the applicant stating whether or not the additional information adequately responds to the notice of incomplete application. If the information is sufficient, the director will issue a notice of complete application. If the information is insufficient to meet the application requirements, the director will request further submittals.

B. Computation of Time.

1. The city should issue a final decision on all permit applications within 120 days of notice of complete application or the filing of a complete application, as specified by MMC 17.71.100(A) and (B). The following time periods shall be exempt from the 120-day time period requirement:

a. Any period during which the applicant has been requested by the applicable director to correct plans, perform required studies, or provide additional required information due to the applicant’s misrepresentation or inaccurate or insufficient information;

b. Any period during which an environmental impact statement is being prepared;

c. Any period for administrative appeals of land use permits, or as suspended by any decision-making forum of competent jurisdiction;

d. Any extension of time mutually agreed upon in writing between the applicant and the applicable director.

2. The 120-day time period shall not apply in the following situations:

a. If the permit requires approval of a new fully contained community as provided in RCW 36.70A.350, master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200.

b. If, at the applicant’s request, there are substantial revisions to the project proposal, in which case the time period shall start from the date on which the applicable director issues a notice of complete application for the revised project application.

3. Time Computations. All time periods, unless otherwise specifically stated, shall refer to calendar days. All dates are counted from the date submitted to the postmarked date of the response. (Ord. 1741 § 38, 2009).

17.71.120 General – Notice of application procedures.

When a notice of application is required, it shall be distributed as follows:

A. The applicable director shall mail notice of the application to the applicant, the applicant’s agent (if any) and owners of real property within 500 feet of the project site.

B. The applicable director shall mail notice to each person who has requested such notice and paid any fee as established by the applicable director. When requested by the recipient, the city may provide notice via electronic mail as an alternative to mailing a physical notice to each such person.

C. The applicable director shall publish public notice of the application in a newspaper of general circulation within the city 15 days after the notice of complete application.

D. The applicable director shall post a sign or placard on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The applicable director shall establish standards for size, color, layout, design, wording, placement, and timing of installation and removal of the signs or placards.

E. The applicable director shall post notification on the community bulletin board and on the community website and one other place in the city limits.

F. The minimum comment period after the publication of the notice of application and before the applicable director’s decision shall be no less than 15 days, except for SEPA determinations, which are regulated by Chapter 18.12 MMC.

G. A notice of application shall be published, mailed and posted no later than 15 days after the notice of complete application. (Ord. 1741 § 38, 2009).

17.71.130 General – Open record hearing procedures.

A. Notice of Hearing. The notice required for a notice of application, MMC 17.71.120, shall also apply to notices of public hearing; provided, that notice shall be published, mailed and posted at least 15 calendar days prior to the date of the hearing.

B. Participation in Hearing. Any person may participate in the open public hearing by submitting written comments to the applicable director prior to the hearing or by submitting written comments or making oral comments at the hearing.

C. Transmittal of File. The applicable director shall transmit all written comments received prior to the hearing and information reviewed or relied upon by the applicable director and/or the SEPA responsible official in making the recommendation to the hearing examiner, planning commission or city council. The file shall also include information verifying compliance with public notice requirements.

D. Hearing Record. The hearing examiner, planning commission or city council shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of each hearing. (Ord. 1741 § 38, 2009).

17.71.140 General – Closed record hearing procedures.

A. Elements for Consideration. The presiding officer or body conducting a closed record hearing shall not accept new information, written or oral, on the application, unless authorized by Chapter 36.70B RCW, but shall consider the following in deciding upon an application:

1. The complete record developed before the hearing examiner or planning commission including all testimony; and

2. The recommendation of the hearing examiner or planning commission. (Ord. 1741 § 38, 2009).

17.71.150 General – Administrative appeal procedure.

A. Time Limit for Filing an Appeal.

1. Parties wishing to file appeals from decisions or rulings must do so within 14 days of the date of issuance of the decision. A decision shall be deemed issued three business days after mailing. If the decision is personally delivered or picked up at City Hall, the date of issuance shall be the date of receipt.

2. If the last day for filing an appeal falls on a weekend day or a holiday, the last day for filing shall be the next working day.

B. Who May Appeal Administrative Decisions. The project applicant or agent or any party of record may appeal the decision. For Type II decisions, the only parties of record are the applicant and the city.

C. Form of Administrative Appeal.

1. A person filing an administrative appeal to the applicable director’s decision or hearing examiner must file a written statement setting forth:

a. Facts demonstrating that the person is adversely affected by the decision;

b. A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria or an identification of specific errors in fact or conclusion;

c. The specific relief requested; and

d. Any other information reasonably necessary to make a decision on the appeal.

2. The appeal must include the written statement and an appeal notification form available from the office of the city clerk. The appellant must pay any appeal fee.

D. Upon receiving notice of appeal, the applicable director shall forthwith transmit to the hearing examiner or the city council all of the records pertaining to the decision being appealed.

E. Notice of Administrative Appeal Hearings.

1. Notified Parties. If a party files an administrative appeal, the applicable director or city clerk shall set a public hearing before the city hearing examiner or city council.

2. Content of Notice. The city clerk shall prepare a notice of an appeal hearing containing the following:

a. The name of the appellant, 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 brief description of the decision being appealed; and

d. The date, time and place of the appeal hearing before the city council.

3. Time and Provision of Notice. The city clerk shall mail notice of the appeal hearing no less than 15 days prior to the appeal hearing to each person entitled to participate in the appeal pursuant to this section.

4. Merged Process Types. If the application includes a merger of different process type decisions, the city will consolidate the public hearing on the appeals and follow the more restrictive provisions. The city will issue a single public hearing notice for the consolidated appeals.

5. The hearing examiner or city council shall conduct an open record hearing on an appeal of a decision. The appellant, the applicant, and the city shall be designated parties to the appeal. Each party may participate in the appeal hearing by presenting testimony or calling witnesses to present testimony. Interested persons, groups, associations, or other entities who have not appealed may participate only if called by one of the parties to present information; provided, that the hearing examiner or city council may allow nonparties to present relevant testimony if allowed under the hearing examiner’s rules of procedure.

6. Hearing Examiner Decision or City Council on Administrative Appeals. Within 10 working days after the close of the record for the appeal, the hearing examiner or city council shall issue a decision to grant, grant with modifications, or deny the appeal. The decision shall be based upon findings of fact and conclusions of law. The city clerk shall mail the appeal to the appellant, applicant and any other parties of record to the appeal. (Ord. 1741 § 38, 2009).

17.71.154 Commencement of activity.

The applicant may commence activity or obtain other required approvals authorized by a project decision the day following the effective date of the decision or ordinance approving the project or approving it with modifications. Activity commenced prior to the expiration of the full appeal period is at the sole risk of the applicant. (Ord. 1741 § 38, 2009).

17.71.155 Deadline for hearing examiner decisions and recommendations.

The final land use decision or recommendation of the hearing examiner shall be issued within 10 working days of the close of the record as required by state law. (Ord. 1741 § 38, 2009).

17.71.160 General – Limitations on refiling an application.

A. Limitations on Refiling of Application. The city will not accept permit applications for a specific site if the city previously denied a substantially similar permit on the site. A permit application shall be considered substantially similar if:

1. The proposed application and site plan (i.e., building layout, lot configuration, dimensions) are the same, or substantially the same, as the city considered and denied in the earlier decision and relevant circumstances or code provisions have not materially changed since denial; or

2. In the case of a variance or deviation from standard, if the special circumstances which the applicant alleges as a basis for the request are the same, or substantially the same, as those the city considered and denied in the earlier decision. In every instance, the applicant bears the burden of proving that an application is not similar. (Ord. 1741 § 38, 2009).