A Type IV process is a quasi-judicial review and recommendation made by the Hearing Examiner and a decision made by the City Council. At an open record public hearing, the Hearing Examiner considers the recommendation from staff, as well as public testimony received at the public hearing. The City Council makes a decision, based on a recommendation from the Hearing Examiner, during a closed record public meeting. Public notification is provided at the application, public hearing, and decision stages of application review. There is no opportunity for an administrative appeal. Appeals of City Council decisions are made to Snohomish County Superior Court. The purpose of this part is to provide the necessary steps for permit approvals requiring Type IV review.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 1068, Sec. 2 (Exh. B), 2019)
(a) 
This section contains the procedures the City will use in processing Type IV applications. This process begins with a complete application, followed by notice to the public of the application and a public comment period, during which time an informational meeting may be held. The permit-issuing authority and designated appeal body for each application reviewed as a Type IV are indicated in Table 14.16A-I.
(b) 
If required by the State Environmental Policy Act, a threshold determination will be issued by the SEPA responsible official. The threshold determination shall be issued prior to the issuance of staff recommendation on the application.
(c) 
Following issuance of staff recommendation, a public hearing will be held before the City Hearing Examiner.
(d) 
The recommendation of the Hearing Examiner on a Type IV application is forwarded to the City Council. The City Council action approving, approving with modifications, or denying a Type IV application is the final City decision.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 1068, Sec. 2 (Exh. B), 2019)
(a) 
Notice of application for Type IV 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. If any open record pre-decision hearing is required for the requested project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing.
(b) 
Notice of Application Requirements of Type IV Review.
Type IV Action or Permit
Mail
Post
Publish
All Type IV Actions and Permits
X
X
X
(c) 
Mailed Notices and Postcard Notices. Mailings shall be completed pursuant to Section 14.16A.225 with the additional specifications:
(1) 
For minor map amendments, notices shall be mailed to the record owners for tax purposes of all properties whose zoning classification is proposed to be changed, as well as the owners of all properties which are within 300 feet of the property proposed to be rezoned, or to 20 property owners (whichever is greater).
(2) 
For major map amendments, notice over and above that specified in this section may be provided at the discretion of the Department of Planning and Community Development, as deemed necessary to ensure ample opportunity for citizens and property owners to become aware of the upcoming hearing.
(d) 
Posted Notices. Posted notices shall be completed pursuant to Section 14.16A.225 with the additional requirements stated in subsection (d)(3) of this section:
(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 pursuant to Section 14.16A.225. For major map amendments, a minimum of three public notice boards shall be posted on the public right-of-way.
(2) 
Public Posting. A public notice shall also be posted on the official notice board at City Hall.
(3) 
The following Type IV application is a major land use action: planned neighborhood developments. In addition to the general notice requirements, a major land use action shall comply with the extraordinary signage requirements in Section 14.16A.225(b)(3).
(Ord. 811, Sec. 3 (Exh. 2), 2010)
(a) 
The notice of application shall provide a minimum comment period of 14 days. All comments received on the notice of application must be received in the Department of Planning and Community Development by 4:00 p.m. on the last day of the comment period. Comments may be mailed, emailed, personally delivered or sent by facsimile. Staff recommendation on a Type IV application shall not be issued prior to the expiration of the minimum comment period.
(b) 
Comments should be submitted to staff as early in the review of an application as possible and should be as specific as possible.
(c) 
If the early SEPA review is requested, as described in Section 16.04.065(b), the notice of application and DNS comment periods shall be combined. When a final DNS is issued, there is no additional comment period.
(d) 
Staff may accept and respond to public comments at any time prior to the closing of the public hearing record.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 870, Sec. 3 (Exh. 2), 2012)
A public meeting shall be required for all Type IV applications pursuant to Section 14.16A.260. Staff may require the applicant to participate in the meeting to inform citizens about the proposal. If a public meeting is planned, it shall be held as early in the review process as possible for Type IV applications. Notice of the public meeting shall be provided in the same manner as required for the notice of application. The public meeting notice will be combined with the notice of application whenever possible.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
Environmental review includes a threshold determination pursuant to Chapter 16.04, SEPA Procedures and Policies. Early SEPA review may be issued with the notice of application pursuant to Section 16.04.065(b).
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 870, Sec. 3 (Exh. 2), 2012)
A written report from staff making a recommendation to the Hearing Examiner for approval, approval with conditions, or with modifications, or for denial shall be prepared. The staff recommendation shall be based on the applicable decision criteria and may include any conditions necessary to ensure consistency with City development regulations.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
(a) 
Public notice of the date of the Hearing Examiner public hearing for the application shall be published in a newspaper of general circulation. The public notice shall also include a notice of the availability of the staff recommendation. If a determination of significance was issued by the SEPA responsible official, the notice of staff recommendation shall state whether an EIS or supplemental EIS was prepared or whether existing environmental documents were adopted. The public hearing shall be scheduled no sooner than 10 days following the date of publication of the notice.
(b) 
The Planning Director shall mail or email notice of the availability of the recommendation and the date of the public hearing to each person who submitted comments during the public comment period or at any time prior to the publication of the notice of recommendation.
(c) 
The Planning Director shall mail notice of the public hearing and the availability of the recommendation to each owner of real property within 300 feet of the project site.
(d) 
The Planning Director shall post the notice of the date of the public hearing and the availability of the recommendation on site and at City Hall. The Planning Director shall establish standards for size, color, layout, design, wording and placement of the notice boards.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 1068, Sec. 2 (Exh. B), 2019)
(a) 
Any person may participate in the Hearing Examiner public hearing on staff recommendation by submitting written comments to staff prior to the hearing or by submitting written comments or making oral comments at the hearing.
(b) 
The Planning Director shall transmit to the Hearing Examiner a copy of the department file on the application including all written comments received prior to the hearing and information reviewed by or relied upon by staff. The file shall also include information to verify that the requirements for notice to the public (notice of application and notice of SEPA determination) have been met.
(c) 
The Department shall create a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording of each hearing.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
(a) 
The Hearing Examiner shall make a written recommendation to approve a project or approve with modifications if the applicant has demonstrated that the proposal complies with the applicable decision criteria of this title. The applicant carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that the application merits approval or approval with modifications. In all other cases, the Hearing Examiner shall make a recommendation to deny the application.
(b) 
If the Hearing Examiner makes a recommendation that requires a modification which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to Section 14.16B.440, the Hearing Examiner shall conduct a new hearing on the modified proposal.
(c) 
The Hearing Examiner may include conditions in the recommendation to ensure a proposal conforms to the relevant decision criteria.
(d) 
The Hearing Examiner shall within 14 days following the close of the record distribute a written report supporting the decision. The report shall contain the following:
(1) 
The recommendation of the Hearing Examiner;
(2) 
Any conditions included as part of the recommendation; and
(3) 
Findings of fact upon which the recommendation, including any conditions, was based and the conclusions derived from those facts.
(e) 
The office of the Hearing Examiner shall mail or email the written recommendation, bearing the date it is mailed, and notice of the Council meeting, to each person who is a party of record.
(f) 
Reconsideration Period. Any party of record may file a written request with the Hearing Examiner for reconsideration within 10 business days of the date of the Hearing Examiner's decision. The request shall explicitly set forth alleged errors of procedure or fact. The Hearing Examiner shall act within 14 days after the filing of the request for an appeal by denying the request, issuing a revised decision, or calling for an additional public hearing.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
(a) 
The Planning Director shall transmit to the City Council a copy of the department file on the application including all written comments received prior to the City Council meeting and information reviewed by or relied upon by the Hearing Examiner. The file shall also include information to verify that the requirements for notice to the public (notice of application, notice of public hearing, and notice of SEPA determination) have been met.
(b) 
The City Council shall, at the public hearing, consider and take final action on each Type IV application.
(c) 
The City Council shall conduct a closed record public hearing. The City Council shall not accept new information, written or oral, on the application, but shall consider the following in deciding upon an application:
(1) 
The complete record developed before the Hearing Examiner; and
(2) 
The recommendation of the Hearing Examiner.
(d) 
The City Council shall, based on findings of fact and conclusions derived from those facts which support the decision of the Council, either:
(1) 
Approve the application; or
(2) 
Approve the application with modifications; or
(3) 
Remand the application to the Hearing Examiner for an additional review limited to specific issues identified by the Council; or
(4) 
Deny the application.
(e) 
Decision.
(1) 
Conditions. The City Council may, based on the record, include conditions in any decision approving or approving with modifications an application in order to ensure conformance with the approval criteria specified in the code or process under which the application was made.
(2) 
Findings of Fact. The City Council shall include findings of fact and conclusions derived from those facts which support the decision of the Council, including any conditions, in the decision approving or approving with modifications the application. The City Council may, by reference, adopt some or all of the findings and conclusions of the Hearing Examiner.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
Within five days of a decision, the Planning Director shall mail or email the notice of final decision and the final SEPA determination, if any, to all parties of record.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
Approval of the Type IV application, except Zoning Map amendments and essential public facilities, shall expire one year from the date approval was final, 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)
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)