A. 
This chapter provides the City of Sultan's public participation and notice procedures for legislative land use actions. It does not provide procedures for any site-specific quasi-judicial land use action.
B. 
The public participation procedures established in this chapter are reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to comprehensive plans and development regulations as required and limited by RCW 36.70A.035 and RCW 36.70A.140.
C. 
It is the intent and policy of the City of Sultan to provide its citizens with full opportunity to interact and participate in the process of guiding the future land use and development of the community. Further, it is the intent of the city to have processes and procedures that allow for effective and efficient management of actions at different levels of importance and interest to the public.
D. 
To provide appropriate opportunity for meaningful public involvement and to provide for effective operations, this chapter differentiates between various processes and provides for levels of public participation, notice, and review and adoption procedures that are commensurate with the action being undertaken as described and provided for in RCW 36.70A.035.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
A. 
Applicability. Procedure Level I applies to circumstances under which no additional public review and comment period is provided. This procedure is as provided in RCW 36.70A.035(2)(b)(i) through (v).
B. 
Conditions for Immediate Action. This procedure applies to amendments to a proposed change in the comprehensive plan or development regulations when the opportunity for public review and comment on the original proposed change has passed. The amendment to the proposed change will be acted on without further notice or public input if one or more of the following conditions pertain to the amendment:
1. 
Actions where an environmental impact statement has been prepared under Chapter 43.21 RCW for the pending resolution or ordinance and the proposed change in the pending ordinance or resolution is within the range of alternatives considered in the environmental impact statement;
2. 
The proposed change is within the scope of the alternatives available for public comment when the original notice and proposed ordinance or resolution was released for public comment;
3. 
The proposed change only corrects typographical errors, corrects cross references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
4. 
The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or
5. 
The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.
C. 
Step 1. No additional opportunity for public review is provided for actions meeting one or more of the five descriptions in subsections B.1 through 5 of this section.
D. 
Step 2. Make the proposed change in the ordinance or resolution under consideration and proceed with the procedure (Level II, III, or IV) that is applicable to the action under consideration.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
A. 
Applicability. Procedure Level II applies to amendments to a proposed change in the comprehensive plan or development regulation when the proposed change has already been provided public notice and public input, and the opportunity for input on the original proposed change has passed, and provisions of RCW 36.70A.035(2)(a) apply to the amendment.
B. 
Conditions for Immediate Action. This procedure applies to proposed amendments to the comprehensive plan or development regulations when the opportunity for public review and comment on the original proposed amendment has passed and the proposed amendment does not meet the conditions of RCW 36.70A.035(2)(b)(i) through (v) as described in SMC § 16.86.020.
C. 
Step 1. Proposed amendment is initiated by:
1. 
City council.
2. 
Planning board.
3. 
City staff.
D. 
Step 2. Proposed amendment is mailed or emailed to State Department of Commerce for 60-day review period. City advises Commerce of the proposed public hearing schedule for amendment.
E. 
Step 3. Public hearing is scheduled before planning board (this can occur during or after Commerce review).
F. 
Step 4. Publish the planning board public hearing date.
1. 
As provided in RCW 36.70A.140 and WAC 365-196-600, errors in exact compliance with these established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
2. 
Publication and notice shall be provided as follows:
a. 
Everett Herald not less than 10 days prior to hearing (WAC 365-196-600);
b. 
Post at City Hall and post office;
c. 
Post on city website, and other available sites of known interest;
d. 
Post on public access channel when available;
e. 
Agenda emailed to parties of interest who have requested notification when email address is available;
f. 
Post on city utility bills when available subject to billing schedule.
G. 
Step 5. Planning board conducts a public hearing.
H. 
Step 6. Planning board recommendation on amendment and public input received at the hearing are forwarded to city council.
I. 
Step 7. City council considers planning board recommendation and public input received at planning board public hearing.
J. 
Step 8. First reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)
K. 
First and second reading may be combined at council option.
L. 
Step 9. Second reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)
M. 
Step 10. If adopted, the ordinance amending the regulation(s) is published, and effective five days after publication date.
N. 
Step 11. Copies of revised regulation(s) are distributed to interested parties.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
A. 
Applicability. Procedure Level III applies to amendments to the comprehensive plan or existing development regulations that address only procedures, or administrative provisions without substantively changing the effect of the comprehensive plan or the development regulation as regards its implementation of the comprehensive plan (as described in RCW 36.70A.035(2)(b)(iii)).
B. 
Level III actions are changes that do not materially affect the types of uses allowed on the ground and do not materially alter the criteria, standards, or conditions under which those uses are reviewed and determined to be allowed or not allowed.
C. 
Examples of Level III Actions.
1. 
Changes in required application information.
2. 
Changes in application procedures.
3. 
Adjustment of notice periods or application review periods.
4. 
Changes in application processing procedures.
5. 
Changes in bonding requirements.
6. 
Changes in public dedications and similar language or depictions required on plats and other developer documents.
7. 
Procedural changes mandated by state statute.
8. 
Changes in appeal procedures.
9. 
Changes in notice procedures or time lines.
10. 
Similar standards or procedures that do not make a substantive change in the effect of the comprehensive plan or the effect of the development regulation.
D. 
Step 1. Proposed amendment is initiated by:
1. 
City staff.
2. 
City council.
3. 
Planning board.
4. 
Member of the public.
E. 
Step 2. Proposed amendment is mailed or emailed to State Department of Commerce for their 60-day review period. City advises Commerce of the proposed public hearing schedule for amendment.
F. 
Step 3. A public hearing is scheduled before planning board (this can occur during or after Commerce review).
G. 
Step 4. Publish the planning board public hearing date.
1. 
As provided in RCW 36.70A.140 and WAC 365-196-600, errors in exact compliance with these established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
2. 
Publication and notice shall be provided as follows:
a. 
Publish in Everett Herald not less than 10 days prior to hearing (WAC 365-196-600);
b. 
Post at City Hall and post office;
c. 
Post on city website, and other available sites of known interest;
d. 
Post on public access channel when available;
e. 
Agenda emailed to parties of interest who have requested notification when email address is available;
f. 
Post on city utility bills when available subject to billing schedule.
H. 
Step 5. Public hearing conducted before the planning board.
I. 
Step 6. Planning board recommendation on amendment and public input received at the hearing are forwarded to city council.
J. 
Step 7. City council considers planning board recommendation and public input received at planning board public hearing.
K. 
Step 8. First reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)
L. 
First and second reading may be combined at council option.
M. 
Step 9. Second reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)
N. 
Step 10. If adopted, the ordinance amending the regulation(s) is published, and effective five days after publication date.
O. 
Step 11. Copies of revised regulation(s) distributed to interested parties.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
A. 
Applicability. Procedure Level IV applies to:
1. 
Adoption of amendments to the comprehensive plan and its elements as provided in RCW 36.70A.035(1).
2. 
Adoption of substantive new development regulations or amendment of existing development regulations as provided in RCW 36.70A.035(1).
B. 
Step 1. Proposed amendment is initiated by:
1. 
City staff.
2. 
City council.
3. 
Planning board.
4. 
Member of the public.
C. 
Step 2. Prepare public information binders for public review at City Hall, reception area, and the Sultan Branch of the Sno-Isle Regional Library. Update binders as additional information becomes available throughout the review process.
D. 
Step 3. SEPA checklist on proposed amendment(s) is prepared by staff/applicant and mailed to the applicable reviewing agencies for 14-day comment period. Mailing includes:
1. 
Determination (by SEPA official).
2. 
Checklist.
3. 
Proposed amendment(s).
4. 
Examples of reviewing agencies are:
a. 
Department of Ecology;
b. 
Corps of Engineers;
c. 
Department of Fisheries;
d. 
Snohomish County;
e. 
Washington State Department of Transportation;
f. 
Tulalip Tribes;
g. 
Department of Commerce.
E. 
Step 4. SEPA determination including comment period is:
1. 
Published in the Everett Herald not less than 10 days prior to hearing (WAC 365-196-600).
2. 
Posted at City Hall.
3. 
Posted at the post office.
4. 
Posted on city website, and other available sites of known interest when available.
5. 
Emailed to parties of interest who have requested a notice when email address is available.
6. 
Posted in the public information binder on public review and public document and notice table in City Hall reception area.
F. 
Step 5. Proposed amendment is mailed or emailed to State Department of Commerce for their 60-day review period. City advises Commerce of the proposed public hearing schedule for amendment.
G. 
Step 6. Public hearing is scheduled before planning board (this can occur during or after Commerce review).
H. 
Step 7. Publish the planning board public hearing date:
1. 
As provided in RCW 36.70A.140 and WAC 365-196-600, errors in exact compliance with these established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
2. 
Publication and notice shall be provided as follows:
a. 
Everett Herald not less than 10 days prior to hearing (WAC 365-196-600);
b. 
Post at City Hall and post office;
c. 
Post on city website, and other available sites of known interest when available;
d. 
Post on public access channel when available;
e. 
Agenda emailed to parties of interest who have requested notification when email address is available;
f. 
Post on city utility bills when available subject to billing schedule.
I. 
Step 8. Public hearing conducted before the planning board.
J. 
Step 9. Planning board recommendation on amendment forwarded to city council. Document includes a statement as to whether or not the planning board recommends that the council hold a second public hearing.
K. 
Step 10. Upon receipt of the recommendation from the planning board the council, by motion, determines whether to hold a second public hearing on the proposal.
L. 
If council decides to hold a second public hearing, proceed to Step 11.
M. 
If council decides to proceed without a second public hearing, and take action based on review of the planning board's record, proceed to Step 13.
N. 
Step 11. Publish the city council public hearing date.
1. 
As provided in RCW 36.70A.140 and WAC 365-196-600, errors in exact compliance with these established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
2. 
Publication and notice shall be provided as follows:
a. 
Everett Herald (not less than 10 days prior to hearing, WAC 365-196-600);
b. 
Post at City Hall and post office;
c. 
Post on city website, and other available sites of known interest when available;
d. 
Post on public access channel when available;
e. 
Agenda emailed to parties of interest who have requested notification when email address is available;
f. 
Post on city utility bills when available subject to billing schedule.
O. 
Step 12. City council conducts second public hearing and considers planning board recommendation. Proceed to Step 14.
P. 
Step 13. City council considers planning board record including staff report, all public input (written and verbal testimony), and planning board findings and recommendation and acts on the proposal. Proceed to Step 14.
Q. 
Step 14. First reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)
R. 
First and second reading may be combined at council option.
S. 
Step 15. Second reading of ordinance on city council agenda/meeting. (Public comments are taken on agenda items by city council.)
T. 
Step 16. If adopted, the ordinance amending the regulation(s) is published and effective five days after publication date.
U. 
Step 17. Copies of revised regulation(s) distributed to interested parties.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
As provided in RCW 36.70A.140 and WAC 365-196-600, errors in exact compliance with these established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)
A. 
"Comprehensive plan"
means the comprehensive plan of the City of Sultan as provided for in Chapter 36.70A RCW.
B. 
"Comprehensive plan element"
means any amendment to a portion of the comprehensive plan including appendices and supporting documents that are adopted by reference.
C. 
"Development regulations"
means ordinances and codes adopted by the city council that implement the comprehensive plan through land use regulations that establish uses or standards for development of land uses.
D. 
"Docket, comprehensive plan"
means the schedule for consideration of amendments to the comprehensive plan or comprehensive plan elements. The docket operates on an annual basis under the following schedule:
1. 
Applications for the comprehensive plan docket must be submitted by April 1 of each year for consideration in that year.
2. 
The planning board will transmit initial recommendations to the council by July 30 of each year. The recommendations will consist of findings on the policy issues and the planning board recommendation on inclusion of the particular proposal on the council's adopted version of the docket for the year.
3. 
By October 1, the council will commit to adding the proposal to the docket for further staff work and planning board action.
4. 
Note. The once-per-year annual docket process does not apply to amendments to development regulations that implement the comprehensive plan.
E. 
"Legislative land use actions"
Actions taken by the city council that apply to the entire community such as: amendment of the text of the zoning code, or actions that apply to significant geographic portions of the community such as amendment of the official zoning map that affects neighborhoods or larger areas.
F. 
"Quasi-judicial land use actions"
Actions taken by the hearing examiner or other authorized hearing authority that apply to a single property or a small number of specific properties such as a conditional use or a change of zone on one or a few properties in a group.
(Ord. 1244-16 § 3 (Exh. A); Ord. 1418-25, 7/24/2025)