Chapter 19.28


19.28.010    Purpose.

19.28.020    When required.

19.28.030    Application – Level IV.

19.28.040    Notice procedures.

19.28.050    Determination of completeness, resubmittal and expiration of application.

19.28.060    Review procedures – Level IV.

19.28.070    Approval.

19.28.080    Denial.

19.28.090    Appeal.

19.28.010 Purpose.

The purpose of Level IV procedure is to provide for city council action on applications that require council final action after preliminary action by the hearing examiner. Level IV applications receive review and decision by the hearing examiner under procedures provided in Chapter 2.26 SMC, with final action by the city council. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.020 When required.

Level IV development authorization applications are required large-scale binding site plan final plats (Chapters 19.18 and 19.20 SMC). (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.030 Application – Level IV.

A. Applications for Level IV projects must be filed within the timelines established for the particular type of development as provided for in the chapter(s) that address the process for submittal of the particular type of final application. Nothing in this chapter shall be interpreted to modify the required timelines for filing of final plats.

B. Level IV applications shall be made in writing to the director on forms supplied by the director. The application shall contain the information called for in the chapter(s) that address administration of the type of application. The director or his designee may request any other information necessary to clarify the application or determine compliance with and provide for the enforcement of this code. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.040 Notice procedures.

Public notice of Level IV land division applications shall be as provided in SMC 19.34.070. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.050 Determination of completeness, resubmittal and expiration of application.

A. The developer shall submit the application to the director along with the appropriate fees.

B. Within 28 working days of the date of receipt of either an application or resubmitted and/or additional information, the director shall determine if the application is complete and accurate for the purposes of vesting.

C. The city shall, within 28 working days of receiving an application, mail a written notice to the applicant providing one of the following:

1. A determination of completeness; or

2. A determination of incompleteness and a statement(s) regarding what is necessary to make the application complete.

D. The application shall not be accepted for formal filing and shall vest no rights until issuance of a formal determination of completeness by the director.

E. Resubmittal.

1. Resubmittals with the necessary information making the application complete within six months of original filing will not be subject to additional filing fees.

2. Resubmittals between six months and one year of notification to provide additional information that are returned with the information that makes the application complete will be charged additional fees as provided by the city of Sultan annual fee schedule.

F. Expiration of Application. Failure to resubmit a complete application responding to all requirements and standards of the determination of incompleteness or inaccuracy within one year of the notification of such determination shall result in expiration of the application. Any subsequent application for subdivision of the subject property shall be subject to a new application process and all fees applicable to a preliminary subdivision application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.060 Review procedures – Level IV.

A. Revision. A requirement for revision shall include:

1. A brief direction as to the code standards that are not met, but that could be met with appropriate revision.

2. Shall indicate the timelines for resubmittal as provided in SMC 19.28.050.

B. Rejection. Rejection of an application shall include:

1. A statement of the criteria/standards that are not met by the application;

2. A brief explanation as to why no reasonable revision of the proposal can be expected to rectify and why that is the case.

C. Development Review Committee. Proposals will be sent to the committee by the director no later than 14 days after the application has been determined to be complete.

D. Additional Agency Review. The director may solicit comments from other resource persons or public agencies as required by this code, or as he or she may determine to be appropriate.

E. SEPA Review. If SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 17.04 SMC and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

F. Director’s Report. The director or his/her designee shall complete review of a Level IV application and construct a written report for submittal to the city council.

The report shall address all relevant criteria called for in this title for the type of application being reviewed, including input from the hearing examiner, city staff and other agencies involved in the review process and the SEPA determinations if applicable. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.070 Approval.

When it is determined by the city council that the proposal complies with the decision and conditions of preliminary approval by the hearing examiner, the council shall authorize execution of the final plat as provided in Chapter 19.10 or 19.20 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.080 Denial.

A. The city council may deny a final plat application under Chapter 19.10 or 19.20 SMC only in cases where the final application does not conform to the decision and conditions of the preliminary approval by the hearing examiner under Chapter 19.08 or 19.18 SMC. The council may not deny a final application that meets the hearing examiner’s conditions of preliminary approval.

B. When an application is denied, the city council shall:

1. Direct staff to prepare written findings stating the specific conditions of the hearing examiner’s preliminary approval that are not met by the final application;

2. Council shall indicate the specific ways that the application fails to meet the hearing examiner’s conditions;

3. Council shall adopt, by resolution, the document denying the application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.28.090 Appeal.

Any decision by the city council to grant or deny issuance of a Level IV development authorization use may be appealed to superior court under the provisions of Chapter 19.36 SMC and the applicable state statutes. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))