A Type I review is an administrative review and decision by the appropriate department with no public notice requirements. These are applications which are categorically exempt from review under the State Environmental Policy Act (SEPA) or permits for which environmental review has been completed in connection with another application. Appeals of Type I decisions are made to the hearing examiner, except shoreline exemption appeals are made to the state Shoreline Hearings Board. Type I reviews are exempt from the procedures of GFMC § 19.04A.230, Time frames for review. The purpose of this article is to provide the necessary steps for permit approvals requiring Type I review.
(Ord. 994 § 3, 2020)
This article contains the procedures the city will use in processing Type I applications. The process begins with a complete application, followed by a decision by the appropriate department. The administrative approval body is the designated official. Appeals of the designated official's decision on a Type I appeal are made to the hearing examiner, except shoreline exemption 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. 994 § 3, 2020)
Application forms and submittal requirements for each of the Type I 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. 994 § 3, 2020)
A written record of the Type I 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 period or, if appealed, on the date of the appeal body's final decision on the application.
(Ord. 994 § 3, 2020)
Approval of a Type I application 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 GFMC § 19.04A.250.
(Ord. 994 § 3, 2020)
If a Type I or II decision has an administrative appeal available as set forth in GFMC § 19.04B.115 or § 19.04B.215, except for shoreline permits, the following procedures shall be followed:
(A) 
Appellant. The project applicant or any person who submitted written comments prior to the date the decision was issued may appeal the decision.
(B) 
Form of Appeal. A person appealing a Type I or II decision must submit a completed appeal form which sets forth:
(1) 
Facts demonstrating that the person is adversely affected by the decision;
(2) 
A concise statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria;
(3) 
The specific relief requested; and
(4) 
Any other information reasonably necessary to make a decision on the appeal.
(C) 
Time to Appeal. The written appeal and the appeal fee, if any, must be received by the city clerk no later than 4:00 p.m. on the fourteenth day following the date of the notice of decision.
(D) 
Notice of Appeal. If a Type I or II decision is appealed, a hearing before the designated appeal body (as established in Table 19.04A-I, referenced in GFMC § 19.04B.115 or § 19.04B.215) shall be set and notice of the hearing shall be mailed or emailed to the appellant, the applicant, and all parties of record by the designated official. Notice shall be mailed or emailed no less than 10 days prior to the appeal hearing, except that if the Type I or II decision has been consolidated with a recommendation on a Type III application, any appeal of the Type I decision shall be consolidated with the Type III public hearing. No separate notice of a Type I or II appeal needs to be provided if the public hearing has already been scheduled for the Type III component of an application.
(E) 
Hearing Examiner.
(1) 
Type I or II Appeal. The appellant, the applicant, and the city shall be designated parties to the appeal. Each party may participate in the appeal hearing by presenting testimony or calling witnesses to present testimony. Interested persons, groups, associations, or other entities who have not appealed may participate only if called by one of the parties to present information or to present testimony on a consolidated Type III application; provided, that the examiner may allow nonparties to present relevant testimony if allowed under the examiner rules of procedure.
(2) 
Decision on Appeal.
(a) 
Within 14 days after the close of the record for the Type I or II appeal, the hearing examiner shall issue a written decision to grant, grant with modifications, or deny the appeal. The hearing examiner may grant the appeal or grant the appeal with modification if:
(i) 
The appellant has carried the burden of proof; and
(ii) 
The examiner finds that the Type I or II decision is not supported by a preponderance of the evidence.
(b) 
The hearing examiner shall accord substantial weight to the decision of the designated official.
(c) 
Reconsideration Period. Any person who participated in the hearing 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.
(F) 
Appeal of Hearing Examiner Decision on Appeal. A hearing examiner decision on a Type I or II appeal may be appealed to the Snohomish County superior court by filing a land use petition which meets the requirements set forth in Chapter 36.70C RCW. The petition must be filed and served upon all necessary parties as set forth in state law and within the 21-day time period as set forth in RCW 36.70C.040. Requirements for fully exhausting city administrative appeal opportunities must be fulfilled.
(G) 
Time Period to Complete Appeal Process. In all cases, except where the parties to an appeal have agreed to an extended time period, the administrative appeal process generally shall be completed within 90 days from the date the original administrative appeal period closed. The administrative appeal process shall be deemed complete on the date of issuance of the hearing examiner's decision or the city council's decision on the appeal.
(H) 
Shoreline Permit Appeals. An appeal of a shoreline exemption or shoreline substantial development permit shall be to the state Shoreline Hearings Board and shall be filed within 21 days of the receipt of the city's decision by the Department of Ecology, as set forth in RCW 90.58.180.
(Ord. 994 § 3, 2020)
An appeal stays all actions by the designated official seeking enforcement of or compliance with the order or decision appealed from, unless the designated official 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. 994 § 3, 2020)