Chapter 17.13
LAND USE AND DEVELOPMENT REVIEW PROCEDURES

Sections:

17.13.010    Purpose.

17.13.020    Preapplication process.

17.13.030    Land use and development permit application.

17.13.040    Determination of a complete application.

17.13.050    Notice of application and other public notices.

17.13.060    Permit review process.

17.13.070    Public hearings.

17.13.080    Notice of decision.

17.13.090    Appeals.

17.13.010 Purpose.

In enacting the requirements of Chapter 36.70B RCW, the city intends to establish a mechanism for implementing the provisions of the Growth Management Act regarding compliance, conformity and consistency of land use development permit review with the city’s adopted comprehensive plan and existing development regulations. In order to achieve this purpose, the city finds that:

A.    Considerable time and effort went into the adoption of the city’s comprehensive plan under the mandates of the Growth Management Act. The comprehensive plan and the city’s supporting development regulations identify land use limitations, densities, minimum development standards, and mitigation for critical areas and public impacts. These documents are the foundation for project and environmental review in the city. The city shall not reanalyze these basic land use planning decisions when making a permit decision.

B.    The city has adopted a comprehensive plan and has existing development regulations, which govern project review. When the city applies these existing requirements to a land use development permit, some or all of the project’s environmental impacts will be already addressed. Therefore, where existing regulations have adequately addressed a project’s probable environmental impact, the city shall not require additional studies or mitigation under the State Environmental Policy Act.

C.    The purpose of this chapter is to establish a land use development permit review process, as required by state law, for considering consistency of a proposed project with the applicable development regulations. Consistency shall be established by considering the following four factors:

1.    The type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;

2.    The level of development, such as units per acre or other measures of density;

3.    Availability and adequacy of infrastructure, public facilities and services identified in the comprehensive plan and needed to serve the development; and

4.    The character of the development, such as development standards.

D.    The following land use development permit review process shall determine consistency between the proposed project and applicable regulations or plans through an integrated project and environmental impact analysis that run concurrently with each other, not separately. (Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1088 § 10 (part), 2003: Ord. 870 § 1 (part), 1996)

17.13.020 Preapplication process.

A.    At the applicant’s request, a preapplication conference shall be scheduled with representatives of the city planning, engineering, fire and building departments. Representatives from other departments or agencies (such as water and wastewater districts or the Department of Ecology) are encouraged to attend to provide comments on the proposed land use development permit application. The purpose of the preapplication process is for the applicant to provide city staff with the necessary information about the proposed project and site conditions so that the city can efficiently and effectively provide the applicant with the requirements that must be met in order to have the proposed project proceed through the formal review process.

B.    For the city to accurately evaluate the proposed project at the preapplication conference, the applicant shall provide at a minimum a draft site plan, preliminary grading and critical area plans, and locations of drainage and utility connections.

C.    It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference shall not bind or prohibit the city’s future application or enforcement of all applicable laws.

D.    Review of a project proposal at a preapplication conference does not vest the project. Vesting only occurs at the time an application is determined to be complete as evidenced by a written notice of complete application issued by the city as described below. (Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1088 § 10 (part), 2003: Ord. 870 § 1 (part), 1996)

17.13.030 Land use and development permit application.

A.    Review of all permit applications related to a land use action, development of vacant land, redevelopment of land, and changes in use or rezoning shall be carried out by the city planning, engineering, building, and fire departments.

B.    Major Review. The following types of land use development permit applications shall be subject to the major review procedures of this chapter:

1.    Preliminary plats;

2.    Cottage housing projects;

3.    Commercial and industrial land use development permits with a total gross floor area greater than eight thousand square feet;

4.    Parking lots with twenty-one or more parking stalls;

5.    Multifamily residential projects of five or more dwelling units;

6.    Project rezones;

7.    Binding site plans;

8.    Grading permits where the combined total of cut and fill is greater than one thousand cubic yards;

9.    Projects subject to SEPA review;

10.    Variances;

11.    Conditional use permits;

12.    Major sector plan amendments;

13.    Attached and detached wireless communication facility applications;

14.    Essential public facilities; and

15.    Stormwater minimum requirement exception.

C.    Minor Review. The following types of land use development permit applications shall be subject to the minor review procedures of this chapter:

1.    Historic register applications;

2.    Street vacations;

3.    Lot line adjustments;

4.    Accessory dwelling unit permits;

5.    Building permits;

6.    Sign permits;

7.    Right-of-way permits;

8.    Commercial and industrial land use development permits with a total gross floor area less than eight thousand one square feet;

9.    Grading permits where the combined total of cut and fill is one thousand cubic yards or less;

10.    Parking lots with twenty or less parking stalls;

11.    Multifamily residential projects of four or less dwelling units;

12.    Final plats;

13.    Land use development permits for which environmental review has been completed in connection with other land use development permits;

14.    Administrative amendments to previously approved projects;

15.    Fence height variances.

Table 1

Permit Review Process 

 

Major Review

Minor Review

Procedural Step

 

 

Application and submittals

Yes

Yes

Determination of complete application

Yes

Yes

Public notice

Potentially1

Potentially1

Notice of application

Yes

No

Review by city departments for consistency and applicable outside agencies

Yes

Yes

SEPA analysis

Potentially2

No

SEPA determination

Potentially2

No

Public hearing

Possible3

No

Notice of decision

Yes

No

Construction notice

Yes

Yes

1.    See Table 5 for types of permits that require a public notice.

2.    See Chapter 17.84, Implementing the State Environmental Policy Act, and specifically Section 17.84.070, Flexible thresholds for categorical exemptions, to determine if SEPA review is required.

3.    See Table 6 for types of permits that require a public hearing.

D.    Exemption. Because procedures for the review of shoreline permits are contained in Title 17B, shoreline permits shall be exempt from the procedures listed in this chapter.

E.    Review Process. The land use development permit application review shall follow the underlying permit review process as described in the Mukilteo Municipal Code. Depending on the application, land use development permit application review may be administrative or require a public hearing by a city designated official, commission or board. In addition to the other requirements of this title, the land use development permit application shall only be approved after the project has been reviewed and approved by the city of Mukilteo planning, building, engineering and fire departments.

F.    An approved land use development permit shall be issued by the city only after the proposal has met all the requirements of the Mukilteo Municipal Code. Any land use development permit approved pursuant to this code shall be commenced, performed and completed in compliance with the provisions and conditions of the permits under which the project was approved. The permit shall be valid as outlined in Table 2 from the date that the permit is approved.

G.    An approved land use development permit shall expire and become null and void if a grading or building permit is not obtained within the required time frame.

Table 2

Permit Approval Time Frames 

Permit Type

Approval Period

One Extension Allowed

Permits subject to major review (not otherwise listed)

4 years

1 year

Permits subject to minor review (not otherwise listed)

2 years

1 year

Conditional use permits and variances

2 years

None

Short plats

•    7 years

•    5 years (after December 31, 2014)

1 year for short plats tentatively approved after December 31, 2014

Subdivisions

•    10 years (if preliminarily approved before January 1, 2008)

•    7 years (January 1, 2008—December 31, 2014)

•    5 years (after December 31, 2014)

1 year for subdivisions preliminarily approved after December 31, 2014

H.    Minor modifications to the approved land use development permit may be authorized by the planning and community development director and/or public works director, or his/her designee. Major modifications shall be approved by following the original review and approval process. Major modifications shall be changes which add additional unmitigated impacts or changes which affect the conditions of the original approval.

I.    All applications shall be submitted with the appropriate fees as established by city council resolution. The fees are necessary to reimburse the city for costs associated with processing permits including, but not necessarily limited to, staff time, postage, legal notices, paper, duplicating costs, and mileage. (Ord. 1411 § 2, 2018: Ord. 1390 § 4 (Exh. C) (part), 2016; Ord. 1359 §§ 1, 2, 2014; Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1323 § 4, 2012; Ord. 1295 § 7 (Exh. 1B) (part), 2011; Ord. 1273 § 3, 2011; Ord. 1088 § 10 (part), 2003: Ord. 937 § 2, 1998; Ord. 870 § 1 (part), 1996)

17.13.040 Determination of a complete application.

A.    Determination of Completeness. Within twenty-eight calendar days after receiving a land use development permit application, the city shall mail or personally provide a written determination of completeness to the applicant which states either: (1) that the application is complete; or (2) that the application is incomplete and states what additional information is necessary to make the application complete.

B.    Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over land use development permit applications shall be identified in the city’s determination of completeness as required above.

C.    Additional Information. A land use development permit application is complete for purposes of this section when it meets the submission requirements outlined in Tables 3 and 4 at the end of this section. This determination of completeness shall be made when the required submittals are determined to be in a comprehensible format and contain at least the minimum amount of information to allow review of the project to progress even though additional information may be required or project modifications may be undertaken subsequent to initial project review. The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the determination of completeness or at some later time.

D.    Incomplete Application Procedure. If the applicant received a determination of incompleteness from the city, the applicant shall have ninety calendar days to submit the necessary information to the city. Within fourteen calendar days after an applicant has submitted the requested additional information, the city shall prepare a written determination of completeness as described in the section above, and notify the applicant in the same manner.

E.    If the applicant does not submit the required information within the ninety-calendar-day period, the director of planning and community development or their designee shall make findings that the application has lapsed for failure to submit the necessary information in a timely manner and close the land use development permit application file. The planning director may grant time extensions to submit the required information, not to exceed an additional ninety calendar days.

F.    In those situations where the application has lapsed because the applicant has failed to submit the required information within the necessary time period, or when the applicant requests their application be withdrawn, the applicant may obtain a refund of the unused portion of the application fee by submission of a written request to the planning department if a notice of application has not been issued. Refunds will be processed in accordance with the city’s normal refund practices.

G.    City’s Failure to Provide a Determination of Completeness. If, within twenty-eight calendar days of the date of the submitted application, the city has not provided a written determination of completeness, a land use development permit application shall be deemed complete as outlined in this section.

Table 3

Permit Submittal Requirements (Major Review)—Section 17.13.040 

Submittal Requirements

Complete Submittal Item?

(# submitted or required)

Binding Site Plan

Com., Industrial, Multifamily Permits1

Parking Lots1

Conditional Use Permit

Grading Permit2

Major Sector Amend

Prelim Plat3

Project Rezone

Variance

Special Use—Essential Public Facilities

Site Sensitive

Wireless Comm. Facilities (WCFs)

Yes

No

N/A

General Application:

Application form (land use)

Supplemental application form4

 

 

 

 

 

Project narrative5

 

 

Review fee(s)

Height worksheet

 

 

 

 

 

Sewer/water/PUD availability ltrs

 

 

 

 

 

 

 

Site/Building Plans:

Site plan

Reduced site plan11

 

Building construction plans

 

 

 

 

 

 

 

 

Building elevations/floor plans

 

 

 

 

Reduced building elevations/floor plans11

 

 

 

 

Record of survey

6

 

 

 

 

 

 

 

 

 

Landscape plan

 

 

 

Reduced landscape plan11

 

 

 

Soil management plan

 

 

 

Tree retention plan

 

 

 

Plat map

 

 

 

 

 

 

 

 

 

Civil/Engineering:7

Grading and clearing plan(s)

 

Stormwater site plan (drainage report)

 

 

Road and drainage plans

 

 

 

 

TESCP (erosion control)

 

 

 

Traffic control plan

 

 

 

 

 

Topography8 (existing/proposed)

 

 

Traffic study

 

 

 

 

 

 

Water/sewer/utility plans

 

 

 

 

Environmental:

Geotechnical report (engineer stamped)

 

 

SEPA checklist

 

Stream class report

 

Wetland report

 

Wildlife habitat report

 

Archaeology report

Other:

Cost/benefit analysis

 

 

 

 

 

 

 

 

 

 

 

C.C. & R.s

 

 

 

 

 

 

 

 

 

 

 

FAA approval form (PI zone)

 

 

 

 

 

 

 

 

 

 

 

Impact analysis report

 

 

 

 

 

 

 

 

 

 

 

LLA affidavit

 

 

 

 

 

 

 

 

 

 

 

 

Petition

 

 

 

 

 

 

 

 

 

 

 

 

Specific locational information including GIS coordinates of all facilities

 

 

 

 

 

 

 

 

 

 

 

Detailed schematics and visual renderings of the facilities

 

 

 

 

 

 

 

 

 

 

 

RF engineer’s affidavit stating need for capacity

 

 

 

 

 

 

 

 

 

 

 

Title certificate (< 30 days old)

 

 

 

 

 

 

 

 

 

 

Before Final Certificate of Occupancy:

Deeds/conveyances/easements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As-constructed plans reproducible (mylar, vellum, etc.)

 

 

 

 

 

 

 

 

 

 

Reduced as-constructed plans11

 

 

 

 

 

 

 

Electronic (CAD) as-constructed plans

 

 

 

 

 

 

 

Sureties/bonds (performance and/or maintenance)

 

 

 

 

 

 

 

 

Footnotes:

    In the codified version of this checklist, a “” indicates that the item is required for submittal.

•    In the codified version of this checklist, a “•” indicates the item shall, upon request, be required for submittal.

1.    If gross floor area of buildings is greater than eight thousand square feet, or if a multifamily project has five or more dwelling units, or if parking lot has twenty-one or more stalls then project must undergo major review (Table 3). If below those thresholds then project may undergo minor review (Table 4).

2.    If grading quantities, combined total of cut and fill, exceeds five hundred cubic yards then permit must undergo major review (Table 3). If one thousand or less cubic yards then permit may undergo minor review (Table 4).

3.    (Reserved)

4.    See supplemental application form for specific submittal requirements. (Exception: Refer to All Construction Packet and SF Blue Sheet for building permits.)

5.    Refer to applicable municipal code section or supplemental applications for specific narrative requirements.

6.    See “Requirements of Binding Site Plan Record of Survey” brochure.

7.    Preliminary plans (grading, drainage, etc.) are required for commercial and multifamily projects, rezone projects, conditional use permits, variances, preliminary plat and preliminary short plats, and sector plan amendments. Final plans are required for grading and clearing permits and building permits.

8.    Existing and proposed topography contours in two- to five-foot increments. This information can be included on the site plans.

9.    Refer to the street vacation application for specific requirements.

10.    Required for master signage plan (MSP) applications (see Section 17.80.100 for specific requirements).

11.    The reduced plans may not be larger than eleven inches by seventeen inches (tabloid paper size).

Table 4

Permit Submittal Requirements (Minor Review)—Section 17.13.040 

Submittal Requirements

Complete Submittal Item?

(# submitted or required)

Admin. Variance

Bldg

Final Plat

Grading Permit

Hist

Lot Line Adjust (LLA)

Reasonable Use (RUP)

Signs

ROW

Com., Industrial, Multifamily Permits1

Parking Lots1

Street Vac

ADU

Land use development permits with completed SEPA review in connection with other land use development permits

Yes

No

N/A

General Application:

Application form (land use)

 

 

 

 

9

Supplemental application form4

 

 

 

 

 

 

 

Project narrative5

 

 

 

10

 

 

 

 

 

Review fee(s)

Height worksheet

 

 

 

 

 

 

 

 

 

Sewer/water/PUD availability ltrs

 

 

 

 

 

 

 

 

 

Site/Building Plans:

Site plan

 

 

 

 

 

Reduced site plan11

 

 

 

 

 

 

Building construction plans

 

 

 

 

 

 

 

 

 

Building elevations/floor plans

 

 

 

 

 

 

 

Reduced building elevations/floor plans11

 

 

 

 

 

 

 

 

Record of survey

 

 

 

 

 

 

 

 

 

 

Landscape plan

 

 

 

 

 

 

 

Reduced landscape plan11

 

 

 

 

 

 

 

 

Soil management plan

 

 

 

 

 

 

 

Tree retention plan

 

 

 

 

 

 

 

 

 

 

Plat map

 

 

 

 

 

 

 

 

 

 

 

 

 

Civil/Engineering:7

Grading and clearing plan(s)

 

 

 

 

 

 

Stormwater site plan (drainage report)

 

 

 

 

 

 

Road and drainage plans

 

 

 

 

 

 

 

TESCP (erosion control)

 

 

 

 

 

 

Traffic control plan

 

 

 

 

 

 

 

 

 

Topography8 (existing & proposed)

 

 

 

 

 

 

Traffic study

 

 

 

 

 

 

 

 

 

Water/sewer/utility plans

 

 

 

 

 

 

 

 

Environmental:

Geotechnical report (engineer stamped)

 

 

 

 

 

 

 

SEPA checklist

 

 

 

 

 

 

 

 

 

 

Stream class report

 

 

 

 

 

 

 

 

Wetland report

 

 

 

 

 

 

 

 

Wildlife habitat report

 

 

 

 

 

 

 

 

Archaeology report

 

 

Other:

Cost/benefit analysis

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.C. & R.s

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FAA approval form (PI zone)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Impact analysis report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LLA affidavit

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition

 

 

 

 

 

 

 

 

 

 

 

 

 

Photo simulation diagram

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title certificate (< 30 days old)

 

 

 

 

 

 

 

 

 

 

Before Final Certificate of Occupancy:

Deeds/conveyances/easements

 

 

 

 

 

 

 

As-constructed reproducible (mylar, vellum, etc.)

 

 

 

 

 

 

 

 

 

 

 

Reduced as-constructed plans

 

 

 

 

 

 

 

 

Electronic (CAD) as-constructed plans

 

 

 

 

 

 

 

 

 

 

 

Sureties/bonds (performance and/or maintenance)

 

 

 

 

 

 

 

Footnotes:

    In the codified version of this checklist, a “” indicates that the item is required for submittal.

•    In the codified version of this checklist, a “•” indicates the item shall, upon request, be required for submittal.

1.    If gross floor area of buildings is greater than eight thousand square feet, or if a multifamily project has five or more dwelling units, or if parking lot has twenty-one or more stalls then project must undergo major review (Table 3). If below those thresholds then project may undergo minor review (Table 4).

2.    If grading quantities, combined total of cut and fill, exceeds five hundred cubic yards then permit must undergo major review (Table 3). If five hundred or less cubic yards then permit may undergo minor review (Table 4).

3.    (Reserved)

4.    See supplemental application form for specific submittal requirements. (Exception: Refer to All Construction Packet and SF Blue Sheet for building permits.)

5.    Refer to applicable municipal code section or supplemental applications for specific narrative requirements.

6.    See “Requirements of Binding Site Plan Record of Survey” brochure.

7.    Preliminary plans (grading, drainage, etc.) are required for commercial and multifamily projects, rezone projects, conditional use permits, variances, preliminary plat and preliminary short plats, and sector plan amendments. Final plans are required for grading and clearing permits and building permits.

8.    Existing and proposed topography contours in two- to five-foot increments. This information can be included on the site plans.

9.    Refer to the street vacation application for specific requirements.

10.    Required for master signage plan (MSP) applications (see Section 17.80.100 for specific requirements).

11.    The reduced plans may not be larger than eleven inches by seventeen inches (tabloid paper size).

(Ord. 1403 § 4 (Exh. C) (part), 2017; Ord. 1390 § 4 (Exh. C) (part), 2016; Ord. 1359 §§ 3 (Exh. A), 4 (Exh. B), 2014; Ord. 1351 § 1, 2014; Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1295 § 7 (Exh. 1B) (part), 2011; Ord. 1219 § 2 (Exh. B) (part), 2009; Ord. 1149 § 3 (part), 2006; Ord. 1088 § 10 (part), 2003: Ord. 1077 § 4, 2003; Ord. 937 § 3, 1998; Ord. 870 § 1 (part), 1996)

17.13.050 Notice of application and other public notices.

A.    Generally. A notice of application shall be issued on all land use development permits subject to major review as outlined in Table 1, Permit Review Process.

B.    A notice of application is not required for permits subject to minor review. However, an internal and external (to outside agencies) request for comments shall be required for all permit applications regardless of the level of review. Also, other types of public notices may be required for permits subject to minor review, as outlined in Table 5, Noticing Requirements.

C.    Contents of Notice of Application. The notice of application shall include:

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

2.    A description of the proposed project action and a list of the land use development permits included in the application and, if applicable, a list of any studies requested under SEPA;

3.    Identification of other permits not included in the application, to the extent known by the city;

4.    Identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

5.    Statements of:

a.    The limits of the public comment period, which shall be fourteen calendar days following the date of the notice of application;

b.    The right of any person to:

i.    Comment on the application,

ii.    Receive notice of and participate in any public hearing,

iii.    Request a copy of the decision once made;

c.    Appeal rights;

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

7.    A statement of preliminary determination of consistency, if one has been made at the time of the notice of application, and of those development regulations that will be used for project mitigation and of consistency as provided in Section 17.13.060;

8.    Any other information determined appropriate by the city.

D.    Time Frame of Issuance of a Notice of Application. Within fourteen calendar days after the city has made a determination of completeness of a land use development permit application, the city shall issue a notice of application. If an open record predecision hearing is required for the requested land use development permit, the notice of application shall be provided at least fifteen calendar days prior to the open record hearing.

E.    Public Comment on the Notice of Application. All public comments on the notice of application must be received by the planning department by four-thirty p.m. on the last day of the comment period. Comments may be mailed, emailed, personally delivered, sent by facsimile or by any online digital method established by the city. Comments should be as specific as possible.

F.    Contents of Other Public Notices. Other public notices shall include, at a minimum, the following information:

1.    The date of the application, or if no application is required, the date the proposal was discussed at a public meeting;

2.    A description of the proposed action;

3.    Opportunities and methods for public participation, or if there are no such opportunities or methods available, a statement of that fact;

4.    Any other information determined appropriate by the city.

G.    Noticing Requirements. All applications shall be noticed in accordance with Table 5. Noticing for public hearings shall also follow the requirements of Table 5. All public hearings shall be advertised in the city’s designated newspaper at least ten calendar days prior to the public hearing date.

Table 5

Noticing Requirements 

Type of Application

Post Site

Post at Designated Posting Locations

Advertise in Designated Newspaper

Property Owner Notification

Within 300'

Adjacent

Public Hearings

 

Accessory Dwelling Unit Permit

 

 

Binding Site Plan

 

Clearing/Grading Permits Subject to Major Review

 

Commercial/Industrial Permits with Gross Floor Area < 8,000 Square Feet

 

 

Conditional Use Permits

 

Cottage Housing Project

 

Multifamily Residential Projects < 5 Dwelling Units

 

 

Parking Lots with < 21 Parking Stalls Not Associated with Another Development Permit

 

 

Preliminary Plats

 

Projects Subject to Major Review

 

Rezones

 

Variances

 

Reasonable Use Permit

 

Wireless Communication Facilities

 

Historic Registration/Nomination

 

Major Sector Plan Amendments

 

 

Street Vacations

 

Special Use Permit—Essential Public Facilities

 

Stormwater Minimum Requirement Exception

 

H.    Integration of SEPA and Notice Application. The environmental review process shall be integrated with the notice of application process as follows:

1.    Except for the issuance of a DNS/MDNS using the “optional DNS process” as outlined in Section 17.84.105 or the issuance of a determination of significance, the city will not issue its threshold determination, or issue a decision or recommendation on a land use development permit until the expiration of the public comment period on the notice of application.

2.    If the optional DNS process, as authorized under SEPA and set forth in this section, is used, the responsible official shall:

a.    State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:

i.    The optional DNS process is being used;

ii.    This may be the only opportunity to comment on the environmental impacts of the proposal;

iii.    The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and

iv.    A copy of the subsequent threshold determination for the specific proposal may be obtained upon request;

b.    List in the notice of application the conditions being considered to mitigate environmental impacts, if a MDNS is expected;

c.    Comply with the requirements for a notice of application and public notice in RCW 36.70B.110;

d.    Send the notice of application and environmental checklist to:

i.    Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and

ii.    Anyone requesting a copy of the environmental checklist for the specific proposal;

e.    If the responsible official indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application in accordance with Section 17.84.053 and WAC 197-11-940 and 197-11-948;

f.    The responsible official shall consider timely comments on the notice of application and either:

i.    Issue a DNS or MDNS with no comment period using the procedures in subsection (H)(2)(g) of this section;

ii.    Issue a DNS or MDNS with a comment period using the procedures in Section 17.13.060, Permit review process, if the responsible official determines a comment period is necessary;

iii.    Issue a DS; or

iv.    Require additional information or studies prior to making a threshold determination;

g.    If a DNS or MDNS is issued under subsection (H)(2)(f)(i) or (H)(2)(d)(ii) of this section, the responsible official shall send a copy of the DNS or MDNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated.

3.    If an open record predecision hearing is required and the threshold determination requires public notice under Chapter 43.21C RCW, the city shall issue its threshold determination at least fifteen calendar days prior to the open record hearing. (Ord. 1390 § 4 (Exh. C) (part), 2016; Ord. 1359 § 5, 2014: Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1295 § 7 (Exh. 1B) (part), 2011; Ord. 1219 § 2 (Exh. B) (part), 2009; Ord. 1149 § 3 (part), 2006; Ord. 1088 § 10 (part), 2003: Ord. 987 § 10, 2000; Ord. 977 §§ 13, 14, 1999; Ord. 937 § 4, 1998; Ord. 870 § 1 (part), 1996)

17.13.060 Permit review process.

A.    When the city receives a land use development permit application, subject to both major and minor review, consistency between the proposed project and the applicable regulations and comprehensive plan shall be determined through the process in this section and concurrently through the city’s adopted SEPA ordinance (Chapter 17.84).

B.    Consistency. During land use development permit review, the city shall determine whether the proposed project is consistent with the applicable development regulations. In the absence of applicable development regulations, the city shall determine whether the city’s adopted comprehensive plan contains policies which address the unregulated impacts. This determination of consistency shall include evaluation of the following:

1.    The type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;

2.    The level of development, such as units per acre or other measures of density;

3.    Availability and adequacy of infrastructure, public facilities and services identified in the comprehensive plan and needed to serve the development; and

4.    The character of the development, such as development standards.

C.    SEPA Analysis.

1.    The city shall also review the land use development permit application for compliance with the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city’s environmental policy ordinance, Chapter 17.84 of the Mukilteo Municipal Code, and shall:

a.    Determine whether the applicable regulations require studies that adequately analyze all of the land use development permit applications’ specific probable adverse environmental impacts;

b.    Determine if the applicable regulations require measures that adequately address such environmental impacts;

c.    Determine whether additional studies are required and/or whether the land use development permit application should be conditioned with additional mitigation measures; and

d.    Provide prompt and coordinated review by government agencies and the public regarding compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

2.    In its review of a land use development permit application, the city may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

a.    The city may make the determination provided for in this subsection if:

i.    In the course of land use development permit review, including any required environmental analysis, the city considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the zoning and development regulations/standards or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and

ii.    The city bases or conditions its approval on compliance with these requirements or mitigation measures.

b.    If the city’s comprehensive plans, subarea plans and development regulations adequately address a project’s probable specific adverse environmental impacts, as determined under this subsection, the city shall not impose additional mitigation under SEPA during project review. Project review shall be integrated with environmental analysis under this chapter.

c.    A comprehensive plan, subarea plan or development regulation shall be considered to adequately address an impact if the city, through the planning and environmental review process under Chapters 36.70A and 43.21C RCW, has identified the specific adverse environmental impacts and:

i.    The impacts have been avoided or otherwise mitigated; and

ii.    The city council has designated acceptable certain level of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.

3.    If the city bases or conditions its approval of the land use development permit application on compliance with the requirements of mitigation measures described in subsection (C)(1) of this section, the city shall not impose additional mitigation under SEPA during project review.

4.    In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the city shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the city shall base or condition its land use development permit approval on compliance with these other existing rules or laws.

5.    Planned Actions.

a.    A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.

b.    A “planned action” means one or more types of project action that:

i.    Are designated planned actions by an ordinance or resolution adopted by the city;

ii.    Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

(A)    A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or

(B)    A fully contained community, a master planned resort, a master planned development or a phased project;

iii.    Are subsequent or implementing projects for the proposals listed in subsection (C)(2)(b) of this section;

iv.    Are located within an urban growth area, as defined in RCW 36.70A.200;

v.    Are not essential public facilities, as defined in RCW 36.70A.200; and

vi.    Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW.

c.    Limitation on Planned Action. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.

D.    Project Analysis. Upon determination that the proposed project is consistent with the Mukilteo comprehensive plan, adopted development regulations and standards, and SEPA, a single staff report shall be prepared which consolidates all land use development permit decisions. The report shall state any mitigation required or proposed under the development regulations or through SEPA. If a threshold determination, other than a determination of significance, has not been previously issued by the city, the report shall include or append the SEPA threshold determination for the project. The SEPA threshold determination shall be issued at least fifteen calendar days prior to the opening of the public hearing.

E.    Insufficient Information. If, upon review of a complete application, the city finds that additional information is necessary or corrections are required to be made to the plans to be consistent with city codes and regulations, the city shall write a letter to the applicant detailing the necessary corrections. The applicant shall have ninety calendar days to submit the necessary information to the city. If the applicant does not submit the required information within ninety calendar days, the application shall lapse for failure to submit the necessary information in a timely manner, and the director of planning and community development or his/her designee shall document that the application has lapsed for failure to submit the necessary information in a timely manner and close the permit application file. The director may allow for up to two extensions to submit the required information, not to exceed an additional ninety days each.

F.    Multi-Permit Applications. If the applicant so elects, an application that involves two or more land use development permits may be processed under a consolidated review and approval process. The consolidated single process used shall be that which corresponds to the process used for the required land use development permit requiring a decision by the city’s highest decision-maker. The single process shall include a single application, staff report and final decision, and shall require, at a maximum, a single open record hearing, and no more than one closed record appeal. If an applicant elects not to have the multi-permit application processed under the consolidated process, all permits shall be processed individually according to the process applicable to each permit. (Ord. 1403 § 4 (Exh. C) (part), 2017; Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1088 § 10 (part), 2003: Ord. 870 § 1 (part), 1996)

17.13.070 Public hearings.

A.    Land Use Development Permits. The permit review process for land use development permits, as governed by the Regulatory Reform Act, Chapter 37.70B RCW, provides for no more than one open record hearing and one closed record appeal. The open record hearing shall consist of the public hearing on the proposed development as well as any appeal hearing on a threshold determination (except for a determination of significance) or an appeal of an administrative decision. Appeal of a hearing board’s final decision shall be heard during a closed record hearing before a single decision-making body or officer.

B.    Nonproject Permits. Land use approvals that do not involve project permits are not subject to any limitations on the number of hearings or any requirement for consolidation with appeal hearings.

C.    Table 6. Table 6 describes the open record and closed record hearing process for all permits (not limited to project permits) within the city. If any conflict arises between the hearing process described in Table 6 and other portions of the Mukilteo Municipal Code, the requirements of Table 6 shall prevail. For actions that do not involve project permits, the city may schedule as many hearings as it wishes, but must at the least conduct the hearing specified in Table 6.

Table 6

Permit Authority and Public Hearing Process 

Type I

Administrative Decision

(No Hearing Required)

Type II

Hearing Examiner Decision

(Open Record Hearing)

Type III

Planning Commission Decision

(Open Record Hearing)

Type IV

Planning Commission Recommendation

(Open Record Hearing)

Type V

City Council Decision

(Administrative or Open Record Hearing)

•    Variance (Administrative)

•    Commercial

•    Cottage Housing that does not require a CUP

•    Industrial

•    Lot Line Adjustments

•    Minor Sector Plan Amendments

•    Mobile Fuel Distribution

•    Multifamily Residential

•    Reasonable Use

•    Short Plats

•    Single-Family Residential

•    Signs

•    Mixed-Use Development (outside of shoreline jurisdictions)

•    Accessory Dwelling Unit Permit

•    Wireless Communication Facilities

•    Environmental Determination

•    Stormwater Minimum Requirement Exception

•    Any administrative decision not otherwise listed

•    Abatement of Junk Vehicles

•    Adult Entertainment Licensing Appeals

•    Billboard Amortization Time Period Extension

•    Building Code Appeals

•    Administrative Decision Appeals

•    Code Enforcement Appeals

•    Conditional Uses

•    Flood Damage Appeals

•    Multi-Permit Projects

•    Plats

•    Variance (nonadministrative)

•    Cottage Housing Requiring a CUP

•    Special Use Permits—Essential Public Facilities

•    Environmental Determination Appeals

•    Essential Public Facilities

•    Major Sector Plan Amendments

•    Code Amendments

•    Comprehensive Plan Amendments

•    Comprehensive Plan Rezones

•    Site Specific Rezones

•    Final Plats (administrative)

•    Site Specific Rezones (hearing required)

•    Code Amendments (hearing required)

•    Comprehensive Plan Amendments (hearing required)

•    Legislative Rezones (hearing required)

•    Street Vacations (hearing required)

Appeals of Administrative Decisions: 14 days from date of final decision

•    Hearing Examiner (open record)

 

 

 

 

Land Use Permit Appeals: 21 days from date of final decision

•    Superior Court

•    Superior Court

•    Superior Court

 

•    Superior Court

D.    Joint Public Hearing. The director of planning and community development may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action as long as: (1) the hearing is held within the city limits; (2) the requirements listed below are met; and (3) the city acts as the lead agency on the proposed application.

1.    The applicant may request that the public hearing on a project permit application be combined with other required public hearings as long as the joint hearing is held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings.

A joint public hearing may be held with another local, state, regional, federal or other agency and the city on a project permit application as long as: (1) the other agency is not expressly prohibited by statute from doing so and has the authority to hold its public hearing in the city of Mukilteo; (2) sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance or rule; and (3) the agency has received sufficient notice and the necessary information about the proposed project to properly prepare, advertise, and hold its hearing at the same time as the local government.

E.    Public Hearing Procedure. All public hearings conducted by the city council, planning commission and city hearing examiner shall generally follow the procedure described below:

1.    The mayor, planning commission chairperson, hearing examiner or person acting as the presiding officer shall, at a minimum, open all public hearings by:

a.    Stating the public hearing is open; and

b.    Describing the subject matter of the public hearing; and

c.    Describing the procedures to be followed.

2.    In the case of a quasi-judicial public hearing, the hearing shall comply with the requirements of the appearance of fairness doctrine as has been developed in the state of Washington through court decisions since 1969 and Chapter 42.36 RCW.

3.    No person, including any councilmember or commissioner, shall speak until he/she has been recognized by the presiding officer and has identified himself/herself by stating their name, address and nature of their interest in the matter.

4.    No person shall address the council, commission or hearing examiner except at the speaker’s table and using the microphone. No comments shall be made from any other location. Anyone making “out of order” comments may be subject to removal from the public hearing.

5.    Demonstrations of any kind, during or at the conclusion of a speaker’s presentation, should not be allowed.

6.    The order of speaking should be as follows:

a.    Staff description of proposal;

b.    Applicant;

c.    General public;

d.    Staff recommendation. (Ord. 1390 § 4 (Exh. C) (part), 2016; Ord. 1359 § 6, 2014; Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1295 § 7 (Exh. 1B) (part), 2011; Ord. 1219 § 2 (Exh. B) (part), 2009; Ord. 1171 § 2 (part), 2007; Ord. 1149 § 3 (part), 2006; Ord. 1101 § 6, 2004; Ord. 1088 § 10 (part), 2003: Ord. 1077 § 3, 2003; Ord. 987 § 9, 2000; Ord. 870 § 1 (part), 1996)

17.13.080 Notice of decision.

A.    Following the completion of any hearing, procedure, or administrative decision, the land use development permit application shall be approved, approved with conditions or denied and a written notice of decision shall be issued within ten calendar days. The notice of decision shall be issued within one hundred twenty calendar days after the city notifies the applicant that the application is complete, subject to any delays permitted by law.

1.    For permit applications subject to major review, a notice of decision, as described in subsection C of this section, shall be published.

2.    For permit applications subject to minor review, a published notice of decision is not required. However, a memorandum shall be placed in the permit file containing findings of fact describing how the application was consistent/inconsistent with the comprehensive plan and applicable development regulations and development standards.

B.    To determine the number of days that have elapsed after the local government has notified the applicant that the land use development permit 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 information;

2.    Any period during which an environmental impact statement is being prepared following a determination of significance;

3.    Any period for administrative appeals of land use development permits, if an open record appeal hearing or a closed record appeal, or both, are allowed;

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

C.    The notice of decision shall include the final determination of approval or denial of the project, a statement of any threshold determination made under SEPA, and the procedure to appeal the notice of decision. The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, has requested such notice or who submitted substantive comments about the application. The notice of decision shall be given to the public and agencies with jurisdiction in the same manner as provided for the giving of the notice of application in Section 17.13.050(F).

D.    If the city is unable to issue its notice of decision within the one hundred twenty calendar days from the determination of completeness, it shall provide written notice to the project applicant including the reasons the time limits have not been met and an estimated date for issuance of the notice of decision.

E.    The time limits established in this chapter do not apply if a land use development permit application requires:

1.    An amendment to the comprehensive plan or development regulations; or

2.    Approval of a new fully contained community, master planned resort, or the siting of an essential public facility; or

3.    Substantial revisions 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. (Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1088 § 10 (part), 2003: Ord. 870 § 1 (part), 1996)

17.13.090 Appeals.

A.    Any appeal of an administrative land use development permit decision and any environmental determination, as allowed by Table 6, Permit Authority and Public Hearing Process, shall be filed within fourteen calendar days after the notice of decision is made. All appeals of land use development permit application decisions, other than an appeal of a determination of significance, shall be considered together in a consolidated appeal. Appeals of an environmental determination under SEPA, Chapter 17.84, shall proceed as provided in that chapter.

B.    Standing. Only parties of record may initiate an administrative appeal of a land use development permit application if allowed by Table 6. The term “parties of record” for the purposes of this chapter shall mean: the applicant, any person who testified at the open record hearing on the application, and/or any person who submitted written comments concerning the application (excluding persons who have only signed petitions or mechanically produced form letters).

C.    Time to File. An administrative appeal must be filed within fourteen calendar days following the final notice of decision. Appeals may be delivered to the city clerk by mail, personal delivery or other method, and be received by the city, before four-thirty p.m. on the last business day of the appeal period. For the purposes of computing the time to file an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, or a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, in which case it is excluded and the filing must be completed no later than the next business day.

D.    The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is adjudicated by the appropriate body as established in Table 6. The director of planning and community development or designee shall provide public notice of the appeal as provided in Table 5.

E.    Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as outlined in the city’s most current fee resolution, and shall contain the following information:

1.    Appellant’s name, address and telephone number;

2.    Identification of the application which is the subject of the appeal;

3.    Appellant’s statement describing his or her standing to appeal;

4.    Appellant’s statement of grounds for the appeal and the fact upon which the appeal is based;

5.    The relief sought, including the specific nature and extent;

6.    A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

F.    Appeal Hearing.

1.    The hearing examiner shall establish the hearing procedures for appeals of administrative decisions, including setting the hearing date, time and location, with a pre-hearing order or similar document.

2.    All appeals shall be considered and decided within:

a.    Ninety calendar days from issuance of the final notice of decision in the case of an open record appeal hearing; and

b.    Sixty calendar days from issuance of the final notice of decision in the case of a closed record appeal; unless the parties involved mutually agree to extend these time periods.

G.    Decision of Appeal. The city shall issue a written decision of appeal within ten calendar days of the appeal body’s final action to the parties of record disclosing whether the appeal is upheld or denied.

H.    Judicial Appeals. After all administrative appeals have been exhausted, the city’s final decision on an application may be appealed by a party of record by filing a land use petition in Snohomish County superior court. Such petition must be filed within twenty-one calendar days of issuance of the decision of appeal, as provided in Chapter 36.70C RCW. (Ord. 1359 § 7, 2014: Ord. 1339 § 1 (Exh. A) (part), 2013: Ord. 1088 § 10 (part), 2003: Ord. 987 § 11, 2000; Ord. 977 § 15, 1999; Ord. 870 § 1 (part), 1996)