15.02.080 Review Process III: hearing examiner review.
A. Description. Review Process III is a discretionary review process in which the land use hearing examiner may approve, approve with conditions, modify, or disapprove an application based upon the requirements of the city’s comprehensive plan, land use regulations, other applicable city ordinances or regulations, or any other applicable regulations administered by federal, state, regional, local, or other agencies. Specific criteria may apply to certain listed Review Process III applications.
B. REV IIIA and REV IIIB Decisions Included. There are two types of REV III review processes:
1. Rev IIIA. These are actions for which the hearing examiner issues a final decision on the application after an open public hearing.
a. Uses.
(1) Land use decisions identified as “Conditional Uses” or “C” in Sections 19.05.080 through 19.05.120, Tables 5-1 through 5-5.
(2) Industrial Zones Along the Waterfront. Requests for additional heights to accommodate industrial activities with access to the marine shorelines or Snohomish River in Section 19.22.070.
b. Nonconforming. Expansion of a nonconforming use greater than twenty-five percent of land or building area (Chapter 19.38).
c. Land Divisions. Land division applications which meet the following are included as REV IIIA decisions:
(1) Divisions of land into fifty lots or more by subdivision or binding site plan (Chapter 19.24);
(2) Any preliminary plat application in which a person has filed a request for a public hearing within twenty-one days of publishing the notice.
d. Shorelines. The following shoreline permit applications are included as REV IIIA decisions:
(1) Shoreline variance applications;
(2) Shoreline conditional use applications;
(3) See subsection (B)(1)(a)(2) of this section regarding additional heights in industrial zones along marine shorelines;
(4) Shoreline development with one acre or more of the project footprint within shoreline jurisdiction.
e. Variances. Applications for variances from the standards of this title as set forth in Section 15.03.140.
f. Appeals. Appeals of REV I and REV II planning director decisions, including the appeals of the application of development standards by the planning director.
2. Rev IIIB. These are actions for which the hearing examiner issues a recommendation to the city council, who has final decision-making on these quasi-judicial decisions.
a. Rezones which do not require an amendment to the comprehensive plan;
b. Light rail station decision with development agreement (Section 19.05.110);
c. Development agreements which do not require other actions subject to review by the planning commission.
C. Public Notice Requirements.
1. Public notice shall include notice of application, notice of open public hearing (if not in the notice of application) and notice of decision.
2. Public notice of the notice of application shall be provided by:
a. Posting notice on or near the property with signs no less than twenty-four inches by thirty-six inches in size, as specified by Section 15.02.110(A)(1);
b. Posting additional signs if the project is a linear project, as specified by Section 15.02.110(A)(2);
c. Mailing notice to the property owners located within five hundred feet;
d. Mailing notice to the SEPA mailing list (unless the project is categorically exempt);
e. Mailing notice to the neighborhood leader mailing list if applicable; and
f. Publishing notice in the official city newspaper.
3. Land Divisions.
a. 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.
b. 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.
c. 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.
4. Shorelines. Those REV III 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 Section 15.02.110(C)(3)(b).
5. Public Hearing Requirements.
a. Before rendering a decision on any application or making a recommendation, the hearing examiner shall hold one open public hearing.
b. Notice of the open public hearing shall be provided at least fifteen days prior to the hearing date. The notice shall include the time and place of the public hearing.
c. The hearing examiner may continue or reconvene the hearing in order to implement the requirements of this title.
6. REV IIIB Process. In addition to subsections (C)(1) through (5) of this section, notice of the city council meeting shall be provided to the applicant, to parties of record from the open public hearing before the hearing examiner, to any person who submitted substantive comments on the application, and to any person who has made a written request to the office of city council for notice of the hearing.
7. Appeal Hearings.
a. Public notice under subsection C of this section is not required for an appeal hearing to the hearing examiner for a Review Process I or II decision.
b. Public notice of the appeal hearing for appeals of Review Process I or II decisions shall be provided to parties of record to the appeal and/or as established by the hearing examiner in an order subsequent to a prehearing conference.
c. Separate notice is not required for a SEPA appeal hearing that is consolidated with a Review Process IIIA permit decision if notice of the open record hearing on the permit has already been given.
D. Expiration of REV III Decisions.
1. A land use permit issued under Review Process III 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. 3774-20 § 3 (Exh. 2), 2020.)