A Type V process is a quasi-judicial review and decision made by the City Council. Staff makes a recommendation to the City Council. Depending on the application, staff may conduct a public meeting to obtain public input. The City Council shall hold a public hearing on the application prior to making a decision. 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 V review.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 903, Sec. 14, 2013; Ord. 1023, Sec. 2 (Exh. A), 2018)
This section contains the procedures the City will use in processing Type V applications. The process is similar to Type III, except that staff makes a recommendation to the City Council instead of the Hearing Examiner. The permit-issuing authority and designated appeal body for each application reviewed as a Type V are indicated in Table 14.16A-I.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
(a) 
Notice of application for Type V 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 V Permits.
Type V Action or Permit
Mail
Post
Publish
All Type V Actions and Permits
X
X
X
(c) 
Mailed Notices and Postcard Notices. Mailings shall be completed pursuant to Section 14.16A.225.
(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.
(2) 
Public Posting. A public notice shall also be posted on the official notice board at City Hall.
(3) 
For annexations, a minimum of three public notice boards shall be posted in public locations such as public right-of-way within the territory proposed for annexation. One of those three signs shall meet the requirements in subsection (d)(4) of this section.
(4) 
Additional Requirements - Right-of-Way Vacation. A written notice giving 20 days' notice of the pendency of the petition for vacation shall be posted in conspicuous place on the street or alley sought to be vacated.
(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 V 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 is required for all Type V 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 V applications. Notice of the public meeting shall be provided in the same manner as required for notice of the application. The public meeting notice will be combined with the notice of application whenever possible.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 903, Sec. 15, 2013; Ord. 1023, Sec. 2 (Exh. A), 2018)
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 City Council for approval, approval with conditions, or with modifications, or for denial shall be prepared. 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 City Council public hearing at which the City Council will consider the application shall be published in a newspaper of general circulation. The public hearing shall be scheduled no sooner than 10 days following the date of publication of the notice. 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 notice of the City Council meeting shall also include the notice of the availability of the staff recommendation.
(b) 
The Planning Director shall mail or email notice of the City Council public hearing or public meeting, the SEPA determination, and the notice of the availability of staff recommendation to all parties of record.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 903, Sec. 16, 2013; Ord. 1023, Sec. 2 (Exh. A), 2018)
(a) 
Within five days of a decision, 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 staff. 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) 
Any person may participate in the City Council public hearing on staff recommendation by submitting written comments to the Department of Planning and Community Development prior to the hearing or by submitting written comments or making oral comments at the hearing.
(c) 
The City Council shall, at the open record public hearing or public meeting, consider and take final action on each Type V application. The final action may take place in the same meeting as the public hearing or public meeting, if any.
(d) 
The City Council shall either:
(1) 
Approve the application;
(2) 
Approve the application with modifications;
(3) 
Remand the application to staff 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 recommended by staff.
(Ord. 811, Sec. 3 (Exh. 2), 2010; Ord. 903, Sec. 17, 2013; Ord. 1023, Sec. 2 (Exh. A), 2018)
The Planning Director shall mail or email a notice of final decision and the final SEPA determination, if any, to all parties of record, which shall include the applicant and each person who participated in the public hearing or who submitted comments during the public comment period at any time prior to issuance of the decision.
(Ord. 811, Sec. 3 (Exh. 2), 2010)
Approval of the Type V application, except for right-of-way vacations, shall expire five years 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. Right-of-way vacations shall expire one year from the date approved, if compensation has not been provided to the City or other conditions have not been met as required in the vacation decision or ordinance.
(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)