15.02.070 Review Process II—Planning director review.
A. Description. Review Process II (“REV II”) applies to permit applications that involve a greater exercise of administrative discretion by the planning director. No public hearing is required for REV II applications. Public notice requirements are specified in subsection C of this section and Sections 15.02.100 through 15.02.110.
B. REV II Decisions Included. The following permit applications are included as REV II decisions:
1. Uses. The following uses identified in Chapter 19.05 are REV II decisions:
a. Land use decisions identified as “Administrative Uses,” or “A” in Sections 19.05.080 through 19.05.120, Tables 5-1 through 5-5;
b. Use of basement or other building spaces in the mixed urban zone (Section 19.05.040);
c. Modification of special regulations and notes in Tables 5-1 through 5-5 (Chapter 19.05);
d. Minor expansion of a conditional use (Section 15.03.120(C)(4));
e. Specific uses (see Chapter 19.13 for uses that are subject to REV II review);
f. Other uses shown in the special regulations and notes in Tables 5-1 through 5-5 in Chapter 19.05 requiring a REV II decision.
2. Modification of Development Standards. The following modification of development standards allowed by this title are included as REV II decisions:
a. Accessory dwelling units (EMC 19.08.100);
b. Modification of lot width requirements or on-site open space standards (Chapter 19.08 EMC);
c. Modification of specific use standards (Chapter 19.13 EMC);
d. Modification of structured parking standards (EMC 19.12.110); and
e. Modification to specific standards for emergency housing, indoor emergency shelters, and outdoor emergency shelters (EMC 19.08.200).
3. Nonconforming. Expansion of a nonconforming use greater than ten percent but less than or equal to twenty-five percent of land or building area (Chapter 19.38).
4. Building Heights. The following modifications of building heights are included as REV II decisions:
a. Amateur radio tower or antenna exceeding sixty-five feet above base elevation (Section 19.22.090).
b. How heights are measured (Section 19.22.060).
5. Historic. The following permit applications are included as REV II decisions:
a. Demolition of a building identified as a contributing structure within an Everett historic overlay zone or on the Everett register of historic places; provided, however, that demolition of a building on the Everett register of historic places shall be authorized by city council;
b. Construction of any new building with three or more dwelling units if within an historic overlay zone;
c. Construction of a new clinic, commercial building, or places of worship; or
d. Deviations from historic overlay zone standards and neighborhood conservation guidelines.
6. Off-Street Parking. The following modifications of off-street parking standards allowed by this title are included as REV II decisions:
a. Modification of off-street parking set forth in Table 34-1 or 34-2 greater than twenty-five percent (Section 19.34.060).
b. Modification of off-street parking location standards (Section 19.34.100).
7. Critical Areas. Development of previously altered critical areas which was unauthorized, and when the proposal is not categorically exempt under SEPA (Section 19.37.250(B)).
8. Shorelines. The following shoreline permit applications are included as REV II decisions:
a. The development will include new construction or additions to buildings within two hundred feet of the ordinary high water mark which are in excess of thirty-five feet in height; or
b. The development will include the construction of docks or other in-water facilities, including fill, which could interfere with the public’s use of shorelines of the state.
9. Land Divisions. Land division applications which meet the following are included as REV II decisions:
a. Unit lot land divisions (Chapter 19.27).
b. Divisions of land into ten lots, but no more than fifty lots by subdivision or binding site plan (Chapter 19.24).
c. Reduction in lot depth (Section 19.06.080).
d. Exception to the lot area, lot width, lot depth and setback standards for a division of land with more than one existing single-family dwelling on one lot. (Section 19.06.080)
10. SEPA. If a Review Process I application is not categorically exempt under SEPA, the application shall be processed under Review Process II.
11. Any permit application identified in this title as a Review Process II (REV II) decision.
12. If the planning director determines that the land use decision should be heard by the hearing examiner due to potential project impacts or public concerns, the planning director may require the permit application to be reviewed using Review Process III (hearing examiner).
C. Public Notice Requirements. Public notice of REV II decisions shall include notice of application and notice of decision.
1. General Requirements. Public notice of the notice of application shall be provided by:
a. Posting notice on or near the property with two signs no less than twenty-four inches by thirty-six inches in size, as specified by Section 15.02.110;
b. Posting additional signs if the project is a linear project, as specified by Section 15.02.110;
c. Mailing notice to owners of property located within one hundred fifty feet of the subject property; provided, however, that shoreline project permit applications shall be mailed to property owners within five hundred feet of the boundary of the property upon which the development is proposed;
d. Mailing notice to the SEPA mailing list (unless the project is categorically exempt); and
e. Mailing notice to the neighborhood leader mailing list if applicable.
2. Specific Land Use Notice Requirements. In addition to the general requirements outlined above, the following notices are required as set forth below:
a. Land Divisions.
(1) Right to Hearing. Pursuant to RCW 58.17.095, any REV II preliminary plat application shall include a mailed notice which includes a statement that an open public hearing (REV III) shall be held if any person files a request within twenty-one days of publishing the notice.
(2) State Highways. Pursuant to RCW 58.17.155, whenever the city receives an application for a short subdivision which is located adjacent to state highway right-of-way, the city shall give written notice of the application to the Washington State Department of Transportation.
(3) Adjacent City. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities.
(4) Airport. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed subdivision located within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation and to the airport manager.
(5) County. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed subdivision located in the city and adjoining the municipal boundaries thereof shall be given to appropriate county officials.
b. Historic. Those REV II actions that are subject to review by the historical commission shall follow procedures for the conduct of open public meetings.
c. Shorelines. Those REV II actions that are applications for shoreline management substantial development, conditional use, or variance permits shall provide notice as set forth in WAC 173-27-110 and EMC 15.02.110(C)(3)(b).
d. Buildings which provide shelter for survivors of domestic violence are exempt from notice to adjacent property owners.
D. Notice of Decision.
1. The planning director shall provide a notice of decision on all Review Process II applications.
a. Except as otherwise provided in this title or by state law, the notice of decision shall be issued within one hundred twenty days after the determination of completeness.
b. For shoreline permits for limited utility extensions or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenance structures from shoreline erosion, the notice of decision shall be issued within twenty-one days of the last day of the comment period.
2. The city shall use the procedures in Section 15.01.090 for determining the number of days that have elapsed after the issuance of its determination that the application was complete.
3. The notice of decision shall include a statement of any SEPA threshold determination and the procedures for any administrative appeal. The notice of decision may be a copy of the report or decision on the project permit application.
4. The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, made a written request for a notice of the decision or submitted substantive comments on the application.
5. Shoreline Permits.
a. A notice of decision for shoreline substantial development, variance, and/or conditional use permit shall be provided to the Washington State Department of Ecology and the Attorney General’s Office as set forth in WAC 173-27-130.
b. For shoreline conditional use and variance permits, the Washington State Department of Ecology issues the final decision. The Washington State Department of Ecology shall render the final decision and notify the city and the applicant of its decision approving or disapproving the permit within thirty days of filing by the city. The city shall notify those interested persons having contacted the city under the final decision.
E. Expiration of REV II Decisions.
1. Except as provided in subsection (E)(2) of this section, a land use permit issued under REV II shall terminate if a permittee does not apply for a building permit within three years, except as follows:
a. Where a time limit on the land use permit is otherwise established under federal or state law, or city ordinance;
b. Where a development agreement has been executed (see Section 15.03.200); or
c. Where the permittee requests an extension in writing not later than three years from the land use permit date, the planning director may grant a six-month extension.
2. Land Division Approvals. See Section 15.02.400 for expiration of land division approvals. (Ord. 3895-22 §§ 1, 2, 2022; Ord. 3774-20 § 3 (Exh. 2), 2020.)