A Type II review is an administrative review and decision by the appropriate department. These are applications which are categorically exempt from review under the State Environmental Policy Act (SEPA), a separate SEPA review, or permits for which environmental review has been completed in connection with another application. Public notification is provided at the application and decision stages of application review. Appeals of Type II decisions are made to the Hearing Examiner, except shoreline permit appeals are made to the State Shoreline Hearings Board. Type II reviews are exempt from the procedures of Section 14.16A.230, Time Frames for Review. The purpose of this part is to provide the necessary steps for permit approvals requiring Type II review.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 855, Sec. 8, 2011; Ord. 903, Sec. 11, 2013)
This section contains the procedures the City will use in processing Type II applications. The process begins with a complete application, followed by decision by the appropriate department. The administrative approval body is the department director. Appeals of the Director's decision on a Type II appeal are made to the Hearing Examiner, except shoreline permit appeals are made to the State Shoreline Hearings Board. An appeal of the Hearing Examiner's appeal decision is made to the Snohomish County Superior Court.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
Decisions on Type II applications are made by the appropriate department director or designee. Appeals of Type II decisions are made to the appropriate appeal body. The permit-issuing authority and designated appeal body for each application reviewed as a Type II are indicated in Table 14.16A-I.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
Application forms and submittal requirements for each of the Type II permits shall be prepared and maintained by the department responsible for issuing the decision on the application. Applications shall be submitted to the appropriate department.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
(a) 
Notice of application for Type II permits shall be provided within 14 days of the determination of completeness pursuant to Section 14.16A.230, Time Frames for Review. Notice shall be provided as indicated in subsection (b) of this section.
(b) 
Notice of Application Requirements of Type II Review.
Type II Action or Permit
Mail
Post
Publish
All Type II Actions and Permits except for Planned Action Certification as specified in subsection (e) of this section
X
X
X
(c) 
Mailed Notices and Postcard Notices. Mailings shall be completed pursuant to Section 14.16A.225 with the following additional requirements for shoreline substantial development permits: a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning the application as expeditiously as possible after issuance of the decision, may submit the comments or requests for decisions to the City within 30 days of the last date the notice is to be published pursuant to this section.
(d) 
Posted Notices. Posted notices shall be completed pursuant to Section 14.16A.225.
(1) 
On-Site Posting. At least one public notice board shall be posted on the site on each public right-of-way fronting on the site.
(2) 
Public Posting. A public notice shall also be posted on the official notice board at City Hall.
(e) 
Special Notification Requirements.
(1) 
Planned Action Certification. A certification notice is required per Section 14.38.120(b)(5) in lieu of a notice of application; however, the planned action certification notice may be combined with other required permit notices including a notice of application.
(f) 
Limited Comment on Final Plats.
(1) 
Comments on final short subdivision and subdivision applications shall be limited to compliance with the approved preliminary subdivision decision and compliance with approved construction plans.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 876, Sec. 11, 2012; Ord. 1023, Sec. 2 (Exh. A), 2018)
(a) 
The notice of application shall provide a minimum comment period of 14 days, except for shoreline permits pursuant to subsection (e) of this section. All comments received on the notice of application must be received in the Permit Center by 4:00 p.m. on the last day of the comment period. Comments may be mailed, emailed, personally delivered or sent by facsimile. The Planning Director's decision on a Type II application shall not be issued prior to the expiration of the minimum comment period.
(b) 
Comments should be submitted to the Department of Planning and Community Services as early in the review of an application as possible and should be as specific as possible.
(c) 
If early SEPA review is requested, as described in Section 16.04.065(b), the Planning Director shall combine the notice of application and DNS comment periods. When a final DNS is issued, there is no additional comment period.
(d) 
The Planning Director may accept and respond to public comments at any time prior to making the Type II decision.
(e) 
Shoreline Substantial Development Permits. The minimum comment period on the notice of application for a shoreline substantial development permit shall be 30 days.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 855, Sec. 9, 2011; Ord. 870, Sec. 3 (Exh. 2), 2012)
A written record of the Type II decision shall be prepared in each case. The record may be in the form of a staff report, letter, the permit itself, or other written document and shall indicate whether the application has been approved, approved with conditions, or denied. The department decision shall be based on the applicable Land Use Code or other adopted uniform code and shall include any conditions to ensure consistency with the development regulations. The applicant shall be notified of the final decision. All other decisions are final upon expiration of any applicable appeal or if appealed, on the date of the appeal body's final decision on the application.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
Within five days of a decision, the Planning Director shall mail or email notice of the decision and the SEPA determination, if any, to all parties of record, which shall include the applicant and each person who submitted comments during the public comment period or at any time prior to issuance of the decision. The notice of decision shall include a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. For those project permits subject to SEPA, the notice of decision on the issued permit shall contain the requirements set forth in Section 14.16A.120, Environmental Review. For shoreline permits, the Planning Director shall notify the following persons in writing of its final approval or disapproval of a shoreline substantial development permit:
(a) 
The applicant.
(b) 
The Department of Ecology.
(c) 
The Attorney General.
(d) 
Any person who has submitted written comments on the application.
(e) 
Any person who has written to the Director requesting notification.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 855, Sec. 10, 2011)
Approval of the Type II application shall expire one year from the date approval was final, except for shoreline substantial development permits expire two years from final approval, unless significant action proposed in the application has been physically commenced and remains in progress pursuant to Section 14.16A.250.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 855, Sec. 11, 2011)
An appeal stays all actions by the Planning Director seeking enforcement of or compliance with the order or decision appealed from, unless the Planning Director finds that a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed except by order of the Hearing Examiner or a court.
(Ord. 811, Sec. 3 (Exh. 2), 2010)