Title 1
GENERAL PROVISIONS*

Chapters:

1.01 Adoption of Code

1.08 Publication of Ordinances

1.12 Notices – Posting

1.16 Noncharter Code City Classification

1.20 Ordinance Adoption

1.30 Citizen Initiative and Referendum Powers

1.35 Application Processing and Review

1.37 Development Agreement Procedure and Criteria

1.40 Code Violations – Notice and Order

1.45 Code Violations – Voluntary Corrections

*For statutory provisions on codification of ordinances of code cities, see RCW 35A.21.130 and 35.21.500 through 35.21.570; for additional provisions regarding officers and personnel, see LMC Title 2.

Chapter 1.01
ADOPTION OF CODE

Sections:

1.01.010 Adoption of code.

1.01.020 Copies as proof of ordinances.

1.01.025 Purpose and policy declared.

1.01.030 Adoption of new material.

1.01.040 Title and citation of code.

1.01.050 Purpose of catchlines.

1.01.055 Revisions of ordinances.

1.01.060 Continuation of ordinances.

1.01.070 Reference applies to amendments.

1.01.080 Classification of offenses – Penalties.

1.01.085 Enforcement.

1.01.090 Savings clause.

1.01.100 Severability.

1.01.010 Adoption of code.

The codification of the ordinances of the city of Lynnwood of a general, public or permanent nature, as contained and set forth in a printed copy thereof on file in the office of the city clerk entitled the “Lynnwood Municipal Code,” is adopted as the official code of the city of Lynnwood, as provided for by RCW 35.21.500 through 35.21.570. (Ord. 230 § 1, 1965)

1.01.020 Copies as proof of ordinances.

As provided for by RCW 35.21.550, copies of such code in published form shall be received without further proof as the ordinances of permanent and general effect of the city of Lynnwood by all courts and administrative tribunals of this state. (Ord. 230 § 2, 1965)

1.01.025 Purpose and policy declared.

This code is enacted as an exercise of the police power of the city of Lynnwood to protect and preserve the public peace, health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of these purposes.

It is expressly the purpose of this code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

It is the specific intent of this code to place the obligation of complying with its requirements upon the licensee or applicant for license within its scope, and no provision of nor term used in this code is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this code will be discretionary and not mandatory.

Nothing contained in this code is intended to be nor shall be construed to form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a licensee or applicant for license to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code on the part of the city by its officers, employees or agents. (Ord. 1078 § 1, 1979)

1.01.030 Adoption of new material.

New material shall be adopted by the city council as separate ordinances prior to the inclusion thereof in such codification. Any ordinance amending the codification shall set forth in full the section(s), subsection(s), or subpart(s) as amended and this shall be sufficient compliance with any statutory requirement that no ordinance or section thereof be revised unless set forth at full length. (Ord. 1725 § 1, 1989; Ord. 230 § 3, 1965)

1.01.040 Title and citation of code.

The codification hereby adopted shall be known as the “Lynnwood Municipal Code” and may be cited as such. The titles, chapters and sections as set forth in the codification hereby adopted shall be declared to be the titles, chapters and sections by which the provisions of the Lynnwood Municipal Code may be designated and cited. (Ord. 230 § 4, 1965)

1.01.050 Purpose of catchlines.

The catchlines appearing in connection with the titles, chapters and sections of the Lynnwood Municipal Code are inserted as a matter of convenience, and they shall be wholly disregarded by any person, officer, court or other tribunal in construing the terms and provisions of the Lynnwood Municipal Code. (Ord. 230 § 5, 1965)

1.01.055 Revisions of ordinances.

The administration, under the authority and direction of the mayor, has the authority when codifying ordinances into the Lynnwood Municipal Code to:

A. Edit and revise such ordinances for such consolidation, to the extent deemed necessary or desirable by the mayor and without changing the meaning of any such ordinances, in the following respects only:

1. Make capitalization uniform with that followed generally in the code.

2. Make chapter or section division, and subdivision designations uniform with that followed in the code.

3. Substitute for the term “this act,” or “this ordinance” or the like, where necessary, the term “section,” “part,” “code,” “chapter,” or “title” or reference to specific section or chapter numbers as the case may require.

4. Substitution for reference to a section of an “act,” the proper code section number reference.

5. Substitute for “as provided in the preceding section” and other phrases of similar import, the proper code section number references.

6. Substitute the proper calendar date for “effective date of this act,” “date of passage of this act,” and other phrases of similar import.

7. Strike out figures where merely a repetition of written words, and substitute, where deemed advisable for uniformity, written words for figures.

8. Rearrange any misplaced statutory material, incorporate any omitted ordinance material as well as correct manifest errors in spelling, and manifest clerical or typographical errors, or errors by way of additions or omissions.

9. Correct manifest errors in references, by chapter or section number, to other laws.

10. Correct manifest errors or omissions in numbering or renumbering sections of the revised code.

11. Divide long sections into two or more sections, and rearrange the order of sections to conform to such logical arrangement of subject matter as may most generally be followed in the code, when to do so will not change the meaning or effect of such sections.

12. Change the wording of section captions, if any, and provide captions to new chapters and sections.

13. Strike provisions manifestly obsolete.

B. Create new code titles, chapters, and sections of the Lynnwood Municipal Code, or otherwise revise the title, chapter, and sectional organization of the code, all as may be required from time to time, to effectuate the orderly and logical arrangement of the ordinances. Such new titles, chapters, and sections, and organizational revisions, shall have the same force and effect as the code originally enacted and designated as the Lynnwood Municipal Code.

C. All edits and revisions shall be reported to the city council at the next work session after Lynnwood Municipal Code updates occur. (Ord. 2130 § 1, 1997)

1.01.060 Continuation of ordinances.

The provisions of the Lynnwood Municipal Code, insofar as they are substantially the same as ordinances heretofore adopted by the city of Lynnwood, shall be construed as continuations thereof and not as new enactments. (Ord. 230 § 6, 1965)

1.01.070 Reference applies to amendments.

Whenever a reference is made to any portion of the Lynnwood Municipal Code, or to any ordinances of the city of Lynnwood, such reference shall apply to all amendments and additions now or hereafter made. (Ord. 230 § 7, 1965)

1.01.080 Classification of offenses – Penalties.

A. Unless otherwise specifically provided in the Lynnwood Municipal Code, any person, firm or corporation, their agents or servants, who violates any of the provisions of the Lynnwood Municipal Code shall be deemed guilty of a misdemeanor. Any criminal violation of the Lynnwood Municipal Code not specifically designated as a gross misdemeanor shall be a misdemeanor.

B. Every person who is convicted of a misdemeanor under the Lynnwood Municipal Code shall, unless otherwise provided for in this code, be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

C. Every person who is convicted of a gross misdemeanor under the Lynnwood Municipal Code shall, unless otherwise provided for in this code, be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, of by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.

D. Each separate day or portion thereof during which any violation of the Lynnwood Municipal Code occurs or continues shall be deemed to constitute a separate and additional offense. (Ord. 2164 § 1, 1997; Ord. 230 § 8, 1965)

1.01.085 Enforcement.

A. Notwithstanding any other provision of the Lynnwood Municipal Code, it is unlawful for any person, firm or corporation, their agents or servants, to violate any of the provisions of the Lynnwood Municipal Code. In the event that any provisions of the code are violated, the administrative authorities of the city of Lynnwood may enforce violations of the Lynnwood Municipal Code by any applicable law, including but not limited to, Chapter 1.40 LMC, Notice and Order, Chapter 1.45 LMC, Notice of Violation/Infraction or Citation, and/or criminal prosecution.

B. Right of Entry.

1. Whenever necessary to make an inspection to enforce or determine compliance with provisions of LMC Titles 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 18, 19 and 21, or whenever the Lynnwood administrative staff has cause to believe that a violation of any provision of the above said titles of the Lynnwood Municipal Code has been or is being committed, any duly authorized inspector of the Lynnwood administrative staff (“inspector” means a department director of the city of Lynnwood or his/her designee) may enter any building, structure, property or portion thereof at reasonable times to inspect the same and perform any duty conferred on the inspector by the Lynnwood Municipal Code.

2. If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection and request entry. If consent to enter is not given and if:

a. The inspector has reason to believe that the conditions therein create an imminent and irreparable hazard to the health, safety and welfare of the community, then the inspector shall enter; or

b. The inspector has reason to believe that the conditions do not create an imminent and irreparable hazard, the inspector shall enter after obtaining a warrant or order as authorized by the laws of the state of Washington.

3. If such building, structure, property or portion thereof is unoccupied, the inspector shall first make a reasonable effort to locate the owner, occupant or other persons having charge or control of the building, structure, property or portion thereof and request permission to enter. If the inspector is unable to locate the owner, occupant or such other persons and if:

a. The inspector has reason to believe that conditions therein create an immediate and irreparable hazard to the health, safety and welfare of the community, he may make entry; or

b. The inspector has reason to believe that the conditions do not create an imminent and irreparable hazard, the inspector shall enter after obtaining a warrant or order as authorized by the laws of the state of Washington.

4. It is unlawful for any owner or occupant or any other person having charge, care or control of any building, structure, property or portion thereof to fail or neglect after proper demand has been given to permit prompt entry thereon where the inspector has reason to believe that conditions therein create an immediate and irreparable hazard to the health, safety and welfare of the community.

C. Misdemeanor.

1. As an alternative to any other judicial or administrative remedy provided in this section or by law or other ordinance, any person, organization, corporation or partnership, or their agents or assigns who willfully or knowingly violate(s) any provision of LMC Titles 5, 6, 7, 9, 19, 12, 13, 14, 15, 16, 18, 19 and 21 and Chapters 10.08 and 10.12 LMC, or rule or regulation adopted thereunder, or by each act of commission or omission procures, aids or abets such violation, is guilty of a misdemeanor unless such violation is otherwise designated as a gross misdemeanor by the Lynnwood Municipal Code. Each day such violation continues shall be considered an additional and separate misdemeanor or gross misdemeanor offense.

D. Civil Penalty.

1. In addition to or as an alternative to any other judicial or administrative remedy provided in this section or by law or by other ordinance, any person, organization, corporation or partnership and their agents or assigns who violates any provision of LMC Titles 5, 6, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, and 21 or rules and regulations adopted thereunder or by each act of commission or omission procures, aids or abets such violation shall be subject to a civil penalty in accordance with the following schedule:

a. First day of each violation, $100.00;

b. Second day of each violation, $200.00;

c. Third day of each violation, $300.00;

d. Fourth day of each violation, $400.00;

e. Each additional day of each violation beyond day four, $500.00 per day.

2. The civil penalties constitute a personal obligation of the person to whom the notice of civil violation is directed. A monetary penalty assessed must be paid to the office of the finance director within 10 calendar days from the date of mailing of the hearing examiner’s decision or a notice from the city that penalties are due.

3. The office of the city attorney is authorized to take appropriate action to collect the civil penalty, including, after consultation with the applicable department director, and for good cause, compromising fines and penalties.

E. Additional Enforcement.

1. Notwithstanding the existence or use of any other remedy, the city may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of any provision of LMC Titles 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 18, 19, and 21.

2. Abatement. The city may abate a condition which was caused by or continues to be a code violation when:

a. A notice and order of code violation, or notice and order of violation–infraction, or notice of civil infraction, or abatement violation–order, or other lawful order has been issued pursuant to applicable law and the required correction has not been completed by the date specified in the notice and/or order; or

b. The condition is subject to summary abatement.

3. Summary Abatement. Whenever any code violation causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for action reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.

4. Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and the owner of the property and shall become due and payable to the city within 10 calendar days. The term “incidental expenses” includes but is not limited to personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property.

5. Interference. Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the person responsible for the violation in the performance of duties imposed by this chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.

6. Lien Authorized. The city of Lynnwood shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity.

a. The applicable department director shall cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated.

b. The claim of lien shall contain sufficient information regarding the notice of civil violation, as determined by the applicable department director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

c. Any such claim of lien shall be verified by the applicable department director, and may be amended from time-to-time to reflect changed conditions.

d. No such liens shall bind the affected property for a period longer than five years, without foreclosure or extension agreed to by the property owner.

7. Notice of Assessment for Nuisance Abatement. Notice of any monetary penalty imposed pursuant to applicable law, the cost of any abatement proceedings imposed and all other related costs imposed in the enforcement of city code shall be filed with the Snohomish County treasurer for entry on the property tax roll for the real property upon which the costs and penalties were imposed. (Ord. 2285 § 1, 1999; Ord. 2164 § 2, 1997; Ord. 2010 § 9, 1994; Ord. 1368 § 2, 1983; Ord. 1275 § 3, 1982; Ord. 1209 § 1, 1981; Ord. 1046 § 1, 1979; Ord. 1026 § 1, 1979)

1.01.090 Savings clause.

Nothing contained in this chapter or in the Lynnwood Municipal Code adopted herein shall be construed as abating any action now pending under or by virtue of any general ordinance of the city of Lynnwood herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 230 § 9, 1965)

1.01.100 Severability.

Each title, chapter, section and subdivision of a section of the Lynnwood Municipal Code adopted by this chapter is declared to be independent of every other title, chapter, section or subdivision of a section, and the invalidity of any title, chapter, section or subdivision of a section of the Lynnwood Municipal Code adopted by this chapter shall not invalidate any other title, chapter, section or subdivision of a section thereof. (Ord. 230 § 10, 1965)

Chapter 1.08
PUBLICATION OF ORDINANCES

Sections:

1.08.010 Official newspaper designated – Ordinance publication.

1.08.020 Posting in lieu of publication.

1.08.010 Official newspaper designated – Ordinance publication.

All ordinances approved, passed, and enacted by the city council shall be published once in the following named legal newspaper of general circulation within the city: The Everett Herald. Said newspaper is declared to be the official newspaper of the city. (Ord. 398 § 1, 1968)

1.08.020 Posting in lieu of publication.

Nothing in this chapter shall be construed so as to prevent the public posting of ordinances in lieu of publication, as provided by law. (Ord. 398 § 2, 1968)

Chapter 1.12
NOTICES – POSTING

Sections:

1.12.010 Specifications for posting documents.

1.12.010 Specifications for posting documents.

All ordinances, notices or other matters required by law to be publicly posted by the city of Lynnwood, and notices for all boards, commissions or agencies thereof, shall be posted for the period required by law in the following public places:

A. Lynnwood City Hall, Administration Building, Civic Center, 19100 44th Avenue W, Lynnwood, Washington;

B. Lynnwood Fire Station No. 1, 18818 44th Avenue W, Lynnwood, Washington;

C. Lynnwood City Library, 19200 44th Avenue W, Lynnwood, Washington;

D. Lynnwood Recreation Center, 18900 44th Avenue W, Lynnwood, Washington. (Ord. 1609 § 1, 1987)

Chapter 1.16
NONCHARTER CODE CITY CLASSIFICATION

Sections:

1.16.010 Adoption.

1.16.020 Effective date.

1.16.030 City council positions.

1.16.040 Existing city laws and regulations.

1.16.010 Adoption.

There is adopted for the city of Lynnwood, Washington, the classification of noncharter code city, retaining the mayor-council plan of government under which the city is presently operated, as provided in Chapter 35A.12 RCW, endowed with all the applicable rights, powers, privileges, duties, and obligations of a noncharter code city as the same now exists, or may be provided hereafter, including any and all supplements, amendments, or other modifications of said RCW title hereafter at any time enacted. (Ord. 619 § 1, 1971)

1.16.020 Effective date.

The city clerk is authorized and directed to forward to the Secretary of State a certified copy of the ordinance codified in this chapter for filing pursuant to RCW 35A.02.040, as amended, October 17, 1971, and upon which filing the city shall thereafter be classified as a noncharter code city as herein provided. (Ord. 619 § 2, 1971)

1.16.030 City council positions.

The city council shall continue to hold office until their successors are elected and qualified at the next biennial municipal elections to be conducted as provided in Chapter 35A.29 RCW. The four existing city council positions, including the position of councilman at large, which terms will expire January 10, 1972, shall be elected for four-year terms in the 1971 municipal elections. The three existing city council positions which terms expire January 14, 1974, shall be elected for new four-year terms in the 1973 municipal elections. Thereafter the requisite number of city council positions shall be filled by election biennially as the terms of their predecessors expire and shall serve for terms of four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes as provided by Chapter 35A.29 RCW. (Ord. 619 § 3, 1971)

1.16.040 Existing city laws and regulations.

All ordinances, resolutions, and orders adopted under the third class city classification, where not in conflict with state law, shall continue in force until repealed or amended by the city council under the newly adopted optional municipal code classification of noncharter code city under the mayor-council form of government. (Ord. 619 § 4, 1971)

Chapter 1.20
ORDINANCE ADOPTION

Sections:

1.20.010 Voting procedures.

1.20.020 Adoption of new material.

1.20.030 Reading of full text upon request.

1.20.010 Voting procedures.

No ordinance shall contain more than one subject which shall be fully and clearly expressed in its title. Ordinances shall be presented to each member of the city council and the mayor in written form prior to any vote thereon; provided, that revisions and amendments may be made by voice vote at the meeting. Ordinances which meet these requirements may be passed without having the ordinance read in full at the meeting but shall require only that the title to the ordinance be read aloud at the meeting and that thereafter the procedures in voting referred to in RCW 35A.12.130, 35A.12.150 and 35A.12.160 be complied with. (Ord. 620 § 1, 1971)

1.20.020 Adoption of new material.

New material shall be adopted by the city council as separate ordinances prior to the inclusion thereof in the Lynnwood Municipal Code; provided, that any ordinance amending or revising the codification shall set forth in full the section, or sections, or subsections of the codification being amended, as the case may be, and this shall constitute a sufficient compliance with any statutory requirement that no ordinance or any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in full. (Ord. 620 § 2, 1971)

1.20.030 Reading of full text upon request.

In the event that any member of the city council or person present in the audience so requests, the full text of the proposed ordinance shall be read aloud prior to vote thereon. (Ord. 626 § 1, 1971; Ord. 620 § 3, 1971)

Chapter 1.30
CITIZEN INITIATIVE AND REFERENDUM POWERS

Sections:

1.30.010 Powers of initiative and referendum.

1.30.020 Severability.

1.30.010 Powers of initiative and referendum.

The city of Lynnwood hereby adopts the powers of initiative and referendum for the qualified electors of the city as provided in RCW 35A.100.080 through 35A.11.100, and the provisions cited therein.

Such powers are to be exercised as provided in the above referenced sections of the Revised Code of Washington, as they now exist or may be amended from time-to-time, and said sections are hereby incorporated by reference as though fully set forth herein. (Ord. 2145 § 1, 1997)

1.30.020 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2145 § 2, 1997)

Chapter 1.35
APPLICATION PROCESSING AND REVIEW

Sections:

1.35.001 Administration of development regulations.

1.35.004 Environmental review and limitation on hearings and appeals.

1.35.005 Project permit – Definition.

1.35.010 Permit applications.

1.35.015 Complete application.

1.35.018 Close-out of abandoned application.

1.35.020 Notice of application.

1.35.025 Time limit.

1.35.030 Contact person for application processing.

1.35.033 Request for additional information during application processing.

1.35.035 Combined public hearing.

1.35.040 Notice of decision.

1.35.060 Exemptions from project permit application processing.

1.35.070 Determining consistency with the development regulations and comprehensive plan.

1.35.075 Limit on scope of review.

1.35.080 Optional consolidated review process.

1.35.085 Transcript.

1.35.100 Process I: public hearing and decision by the hearing examiner – Scope.

1.35.105 Applicability.

1.35.110 State Environmental Policy Act.

1.35.115 Authority.

1.35.125 Referral to city departments and other agencies.

1.35.130 Threshold determination.

1.35.140 Notice of hearing.

1.35.145 Conduct of the public hearing.

1.35.148 Parties of record.

1.35.150 Hearing examiner action.

1.35.155 Criteria.

1.35.160 Written decision.

1.35.165 Distribution of decision.

1.35.168 Request for reconsideration.

1.35.170 Hearing examiner power to correct or clarify.

1.35.175 Appeal to city council.

1.35.180 Amendment of an approved project or permit.

1.35.200 Process II: administrative decisions – Appeal to hearing examiner.

1.35.210 Scope.

1.35.220 Process on appeal.

1.35.230 Notice of appeal hearing.

1.35.240 Appeal hearing.

1.35.245 Authority and action of hearing examiner.

1.35.250 Distribution and effect of examiner’s decision.

1.35.255 Request for reconsideration.

1.35.260 Appeal of hearing examiner’s decision to superior court.

1.35.300 Process III: administrative permits review process.

1.35.310 Scope.

1.35.320 State Environmental Policy Act.

1.35.325 Authority of department directors.

1.35.330 Public notice of impending decision.

1.35.333 Public comment process before director’s decision.

1.35.335 Department director’s decision.

1.35.336 Approval criteria.

1.35.337 Limitations on modification.

1.35.340 Decision of the director.

1.35.345 Effect of director’s decision.

1.35.347 Commencement of activity.

1.35.350 Appeal of department.

1.35.360 Process on appeal.

1.35.400 Process IV: public hearing and decision by the city council – Scope.

1.35.405 Applicability.

1.35.410 State Environmental Policy Act.

1.35.415 Authority.

1.35.425 Referral to city departments and other agencies.

1.35.430 Threshold determination.

1.35.434 Quasi-judicial permits – Informal public meeting.

1.35.436 Legislative actions – Public hearing.

1.35.440 Notice of hearing.

1.35.445 Conduct of a public hearing.

1.35.448 Parties of record.

1.33.450 Decision.

1.35.455 Criteria.

1.35.460 Findings of fact and conclusions of law.

1.35.465 City council decision – Distribution.

1.35.470 Administrative services director power to correct or clarify.

1.35.480 Appeal to superior court.

1.35.600 Process VI: appeals of administrative determinations to the hearing examiner – Scope.

1.35.605 Authority of hearing examiner.

1.35.610 Set date of appeal hearing.

1.35.615 Notice of appeal hearing.

1.35.620 Distribution of notice of appeal hearing.

1.35.625 Appeal hearing.

1.35.630 Action by the hearing examiner.

1.35.635 Distribution of decision.

1.35.640 Appeal to city council.

1.35.700 Process VII: appeals of decisions by the hearing examiner to city council – Scope.

1.35.705 Authority of city council.

1.35.708 Time limit.

1.35.710 Content of request for appeal.

1.35.715 Notice of appeal meeting.

1.35.720 Distribution of notice of appeal meeting.

1.35.725 Appeal meeting.

1.35.730 Action by the city council.

1.35.733 Report of city council decision.

1.35.735 Finance director power to correct or clarify.

1.35.740 Appeal to superior court.

1.35.800 Time computation.

1.35.810 Recordation of permit approval.

1.35.001 Administration of development regulations.

LMC 1.35.001 through 1.35.080 contain requirements and procedures for all project permits and project permit applications. (Ord. 2071 § 1, 1996)

1.35.004 Environmental review and limitation on hearings and appeals.

Project permits shall:

A. Be combined with environmental review processes, both substantive and procedural; and

B. Except for the appeal of a determination of significance, as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal. (Ord. 2071 § 1, 1996)

1.35.005 Project permit – Definition.

“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this section. (Ord. 2071 § 1, 1996)

1.35.010 Permit applications.

All applications for project permits shall be submitted on forms prescribed by the applicable department director. All applications shall include all materials required by the applicable development regulations and all information needed to evaluate the consistency of the application with the applicable standards and requirements of the Lynnwood Municipal Code and shall include all applicable fees. (Ord. 2071 § 1, 1996)

1.35.015 Complete application.

A. Determination. Upon receiving an application that is to be processed under this chapter, the applicable department director shall first determine if the application is complete. An application is complete when it meets the procedural submission requirements in the applicable chapter or title and is sufficient for continued processing, even though additional information may be required or project modifications may be undertaken subsequently. No application shall be considered complete if any required information is missing. Upon receipt of a written request from the applicant to waive any submittal requirement, the applicable department director may waive any submittal requirement if he/she finds that the information is not needed in order to review a particular project application. The determination of completeness shall not preclude the applicable department director from requesting additional information or studies either at the time of the determination of a complete application (see below) or subsequently if new information is required or substantial changes in the proposed action occur.

B. Notice to the Applicant. If the application is found to be complete, the applicable department director shall send the applicant a “determination of a complete application” and shall continue with review of the application. If the application is found not to be complete, the director shall send the applicant a “determination of incomplete application and request for additional information” that shall indicate the additional information that is required.

C. Time Limit. The applicable department director shall complete its review of an application for completeness and send the appropriate notice under subsection (B) of this section within 28 calendar days of submission of the application, the application is deemed complete and processing of the application shall proceed.

D. Submittal of Additional Information. Within 14 calendar days of receipt of additional information in response to a request for additional information, the applicable department director shall notify the applicant whether the application is complete (by sending a determination of incomplete application and request for additional information). Submission of information in response to a second or subsequent request of additional information shall initiate a new 14-day period for determining completeness. If no notice is sent to the applicant within 14 calendar days of submission of the additional information, the application is deemed complete. (Ord. 2071 § 1, 1996)

1.35.018 Close-out of abandoned application.

If the applicant does not respond in writing to a determination of incomplete application or a request for additional information within 90 calendar days of the mailing of the determination or request, or otherwise fails to respond in writing to a notice, written determination or other written communication from the city within 90 calendar days of mailing of the communication, the applicable department director shall determine that the application appears to be abandoned. Upon making this determination, the applicable department director shall mail the applicant a notice that the application will be considered abandoned and shall be closed-out and returned to the applicant if he/she does not submit the requested information within 30 calendar days. (Ord. 2071 § 1, 1996)

1.35.020 Notice of application.

Within 14 calendar days of issuing a notice of completeness for an application, under LMC 1.35.015, the applicable department shall provide a notice of application to the public, other agencies, and other city departments. If an open record pre-decision hearing is required for the requested project permits, this notice shall be provided at least 15 calendar days prior to that hearing. If, prior to issuing this notice, the city has determined that a determination of significance will be issued for the application, the notice of application shall be combined with the determination of significance and scoping notice.

A. Content. The notice of application shall include, at a minimum, the following information:

1. The date of the application;

2. The date of the notice of completeness;

3. The date of issuance of the notice of application;

4. A description of the proposed project;

5. A list of the project permits included in the application;

6. A list of any studies required for reviewing the project;

7. A list of other permits that may be required for the project, to the extent known to the city;

8. A list of existing environmental documents that evaluate the proposed project and the location where the application and any studies or relevant documents may be reviewed;

9. The dates of the public comment period, which shall extend 14 calendar days following the date of issuance of the notice of application;

10. A statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;

11. The date, time, place, and type of hearing, if applicable and if scheduled at the date of the notice of application;

12. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency;

13. Date, place and time of the informal meeting, if any.

B. Distribution. The city shall use reasonable methods to give this notice to the public. At a minimum, this notice shall be distributed as follows:

1. Posting the property (for site-specific proposals);

2. Publishing the notice (including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed), in the official newspaper of the city (see Chapter 1.08 LMC);

3. Posting the notice at each official posting place of the city (see Chapter 1.12 LMC).

C. Public Comment. During the public comment period for the notice of application, the public may comment in writing on the application, including the possible impact of the project on the environment or the conformance (or lack of conformance) of the project with the city’s comprehensive plan, Municipal Code, and other adopted city policies. Such comments shall become part of the record of the application. This opportunity to comment on an application is in addition to any comment period provided prior to decision on an application or an appeal of a decision on an application. Neither participation in this opportunity to comment, nor nonparticipation in it, shall preclude any person from participating in any other opportunity to comment on an application, including any public hearing or informal public meeting. (Ord. 2071 § 1, 1996)

1.35.025 Time limit.

Except as otherwise provided in subsection (A) of this section, the city shall make a decision on a permit application and issue the notice of decision on a project permit application within 120 calendar days after the city notifies the applicant that the application is complete, as provided in LMC 1.35.015.

A. Exception. In determining the number of days that have elapsed after the city has notified the applicant that the application is complete, the following periods shall be excluded:

1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information, pursuant to LMC 1.35.033. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies and this procedure shall apply as if a new request for studies had been made;

2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;

3. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The city shall consider and decide such appeals within 90 calendar days for an open record appeal hearing and within 60 calendar days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and

4. Any extension of time mutually agreed upon by the applicant and the city.

B. Exemptions. The time limits established by subsection (A) of this section do not apply if a project permit application:

1. Requires an amendment to the comprehensive plan or a development regulation;

2. Requires the siting of an essential public facility as provided in RCW 36.70A.200; or

3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under LMC 1.35.015.

C. Noncompliance with Time Limit. If the city is unable to issue its final decision within the time limits provided for in this section, the applicable department director shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (Ord. 2071 § 1, 1996)

1.35.030 Contact person for application processing.

The city shall require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter. (Ord. 2071 § 1, 1996)

1.35.033 Request for additional information during application processing.

During processing of an application, city staff may request the applicant to correct plans, perform required studies, or provide additional required information; provided, that the correction, study or additional information is needed to evaluate the application under the comprehensive plan, Municipal Code or other adopted city policy. Pursuant to LMC 1.35.025(A)(1), the time period during which such a request has been made but has not been fulfilled shall not be included in the 120 days allowed for permit processing by LMC 1.35.025. (Ord. 2071 § 1, 1996)

1.35.035 Combined public hearing.

If requested by an applicant, the applicable department director shall arrange for any public hearing required by this chapter to be held as a joint public hearing with any local, regional, state, federal, or other public agency; provided, that the other agency consents to the holding of joint public hearing, that the hearing shall be held within the corporate limits of the city of Lynnwood and that the joint public hearing can be held within the required time-frame for processing the application. (Ord. 2071 § 1, 1996)

1.35.040 Notice of decision.

Within three working days of the city’s decision on an application, the applicable department director shall distribute a notice of decision on the application indicating the content of the final decision of the city.

A. Contents of the Notice of Decision. The notice of decision shall contain all of the following:

1. A statement indicating that the application is approved, approved with modifications or conditions, or is denied;

2. A statement of any conditions included as part of an approval or approval with modifications;

3. The location where the complete decision (including the findings of fact and conclusions of law) may be reviewed;

4. A statement that any person who participated in the decision may appeal the decision, and the time limits and process for making an appeal;

5. A statement of any threshold determination made under Chapter 43.21C RCW.

B. Distribution of the Notice of Decision. The applicable department director shall distribute the notice of decision by:

1. Regular mail to any person who participated in decision;

2. Regular mail to any person who has requested such notice and who has paid a fee as shown in Chapter 3.104 LMC per year to the finance director;

3. Posting a copy of the notice at the site (for site-specific proposals);

4. Publishing the notice once in a newspaper of local circulation;

5. Regular mail to the applicant; and

6. Delivery to the finance director for distribution to the city council. (Ord. 2699 § 1, 2007; Ord. 2071 § 1, 1996)

1.35.060 Exemptions from project permit application processing.

A. Type A Exemptions. Applications for the following types of projects are exempt from the provisions of LMC 1.35.001 through 1.35.080, inclusive:

1. Landmark designations;

2. Street vacations;

3. Other approvals relating to the use of public areas or facilities.

B. Type B Exemptions. Lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review, or for which environmental review has been completed in connection with other project permits are exempt from the following procedures:

1. Notice of application, LMC 1.35.020;

2. Determination of completeness, LMC 1.35.015(A);

3. Notice of decision, LMC 1.35.040;

4. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing;

5. Joint public hearings;

6. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing;

7. Completion of project review within any applicable time period (including the 120-day permit processing time limit). (Ord. 2071 § 1, 1996)

1.35.070 Determining consistency with the development regulations and comprehensive plan.

The comprehensive plan and adopted zoning and other development regulations shall serve as the basis for review of land use and development applications. In particular, determinations of the type of land use, residential density and capacity of and funding for public facilities shall serve as the foundation for further project review. During review of an application for use or development of land, the city shall determine whether the proposed use or development conforms with the city’s development regulations and comprehensive plan. This determination shall generally follow four steps, as follows:

A. Identify Criteria for Determining Consistency – Development Regulations. Review city development regulations to determine if they define or state the following for the proposed use or development of land:

1. Type of land use permitted at the site, including uses that may be allowed under certain circumstances if decision criteria are met;

2. Density of residential development (if applicable); and

3. Availability and adequacy of public facilities (for those facilities identified in the comprehensive plan, if the plan or the city’s development regulations provide for funding of these facilities).

B. Identify Criteria for Determining Consistency – Comprehensive Plan. Refer to the comprehensive plan to define or state any of the three items of criteria in subsection (A) of this section that are not defined or stated in the development regulations.

C. Evaluate Conformance. Evaluate whether the application conforms with the definitions or statements in the development regulations (identified in subsection (A) of this section) or in the comprehensive plan (identified in subsection (B) of this section).

D. Continue Review. Evaluate the character of the proposed development or use and its compliance with other standards and requirements in this title, the Municipal Code, and other adopted policies, standards and requirements. (Ord. 2071 § 1, 1996)

1.35.075 Limit on scope of review.

During application review, the city shall not reexamine alternatives to or hear appeals on the type of land use permitted at the site, the density of residential development, or the availability or adequacy of public facilities (for those facilities identified in the comprehensive plan), as determined under LMC 1.35.070(A) and (B). The city may ask more specific or related questions with respect to any of these issues. (Ord. 2071 § 1, 1996)

1.35.080 Optional consolidated review process.

A. Applications involving two or more permits will be consolidated, if the applicant requests consolidation, and if the permit applications are filed at the same time. Consolidation may otherwise be allowed by the city on the applicant’s request. Applications involving consolidated permit review will be processed so that city review occurs in an orderly manner.

B. When separate applications involving two or more processes are consolidated for review, the process involving the highest authority is utilized. The city council is the highest authority, followed by the hearing examiner of planning commission (as applicable), and then the department director. By way of example, if an application involves a building permit, conditional use permit, and rezone, then the process for rezone shall apply to all permits, since the city council (the highest authority) makes the final decision on rezones.

C. Where separate applications are consolidated for review, the authority to issue permits remains with the applicable department director, but an administrative appeal of a department director’s determination would be heard by the highest authority involved in any process consolidated for review. If any administrative decision is appealed, the administrative decision may be withdrawn and re-issued at a later date, in order that any appeal is allowed to be consolidated with appeals, if any, from other decisions. The appeal authority may retain experts as necessary if the matter involves technical matters. The highest authority may combine appeals with hearings. (Ord. 2071 § 1, 1996)

1.35.085 Transcript.

Any person requesting a transcript of a public hearing, informal meeting or other event for which the city has made an electronic recording shall pay the full cost of producing that transcript. Such payment shall be made prior to production of the transcript, and the amount of this payment shall be based on the estimated cost of producing the transcript. Any cost not paid in advance shall be paid when the transcript is delivered; and payment in excess of the actual final cost shall be refunded. Alternatively, any person may request a copy of the official tape, paying the cost to duplicate the tape, and provide their own transcription, verifying that the same is a correct transcription of the duplicate tape. (Ord. 2071 § 1, 1996)

1.35.100 Process I: public hearing and decision by the hearing examiner – Scope.

LMC 1.35.100 through 1.35.180 contain the procedures that the city will use in implementing Process I. This process includes a public hearing and decision by the hearing examiner and allows a closed record appeal to the city council. (Ord. 2071 § 2, 1996)

1.35.105 Applicability.

LMC 1.35.100 through 1.35.180 apply each time a provision of the Lynnwood Municipal Code requires a decision using Process I. (Ord. 2071 § 2, 1996)

1.35.110 State Environmental Policy Act.

The State Environmental Policy Act may apply to an action taken under this process. See LMC Title 17. (Ord. 2071 § 2, 1996)

1.35.115 Authority.

The hearing examiner shall conduct a public hearing and, following completion of the hearing, approve, approve with modifications or conditions, or deny an application reviewed under this process. The decision of the hearing examiner may be appealed to the city council by any party of record. (Ord. 2071 § 2, 1996)

1.35.125 Referral to city departments and other agencies.

Concurrent with issuing the notice of application, staff of the applicable department shall refer the application to all other city departments and to local, regional, state or federal agencies who may provide service(s) to the proposal or who may have special expertise for reviewing the application. (Ord. 2071 § 2, 1996)

1.35.130 Threshold determination.

A. Early Notice. Unless the application is exempt from review under the State Environmental Policy Act (SEPA), staff of the applicable department shall provide notice of the application to the city official(s) responsible for compliance with SEPA concurrent with issuing the notice of application.

B. Issue Determination. Following referral of the application to other city departments and other agencies (see LMC 1.35.125), staff of the applicable department shall send copies of the application, along with copies of all comments received from the public (see LMC 1.35.020(C)) and from other city departments and agencies to the city official(s) responsible for compliance with the SEPA. The SEPA official(s) shall complete and issue a threshold determination for the application following transmittal of the application and the comments on the application to the official(s). (Ord. 2071 § 2, 1996)

1.35.140 Notice of hearing.

The applicable department director shall provide notice of the public hearing on the application, as follows:

A. Content.

1. Name of the applicant and the project name;

2. Street address and/or a description of the property in nonlegal terms;

3. Citation of the portion(s) of the Lynnwood Municipal Code requiring the permit(s) for which the application has been submitted;

4. A brief description of the proposed action and the requested permit(s);

5. Date, time and place of the hearing;

6. A statement of the right of any person to participate;

7. A statement that only those persons who participate may appeal to city council.

B. Distribution. The applicable department director shall distribute the notice by:

1. Publishing the notice in the official newspaper of the city;

2. Posting the notice at official posting place(s) of the city and at the site;

3. Mailing the notice by regular mail to owners of property within at least 300 feet of the boundary of the subject property and of any property contiguous thereto in the applicant’s ownership. For the purpose of this mailing, the applicable department director shall use the listing of ownership and addresses on the city of Lynnwood utility billing records. If no record for any given lot is shown on those records, then notice to the last owner of record in the office of the county treasurer shall be deemed proper notice;

4. Mailing the notice by regular mail to each person who has requested such notice in writing for the calendar year and who has paid a fee as shown in Chapter 3.104 LMC for this service to the finance director;

5. This noticing requirement shall be satisfied by substantial compliance with this section.

C. Timing. The notice of the public hearing shall be provided at least 20 calendar days before the date of the hearing. (Ord. 2699 § 2, 2007; Ord. 2071 § 2, 1996)

1.35.145 Conduct of the public hearing.

Anyone may participate in the public hearing by presenting oral or written testimony. Participation may include submitting written comments before or at the hearing or signing the register of the parties of record. The hearing examiner shall make an electronic sound recording. The hearing examiner shall adopt rules and procedures for the conduct of the hearing.

1.35.148 Parties of record.

The parties of record for the application shall include:

A. Persons who speak at the public hearing;

B. Persons who present written testimony either at or before the public hearing;

C. Persons who sign the register of the parties of record at the public hearing;

D. The applicant; and

E. The members of the city council. (Ord. 2071 § 2, 1996)

1.35.150 Hearing examiner action.

After the close of the public hearing, the hearing examiner shall either approve, approve with modifications or conditions, or deny the application. (Ord. 2071 § 2, 1996)

1.35.155 Criteria.

The hearing examiner may approve or approve with modifications or conditions an application if the hearing examiner finds that the applicant has carried the burden of proof and has produced evidence sufficient to support the conclusion that the application merits approval and that the proposal complies with the applicable decision criteria in the Municipal Code. In all other cases, the hearing examiner shall deny the application. (Ord. 2071 § 2, 1996)

1.35.160 Written decision.

Within 14 calendar days of the conclusion of the hearing, the hearing examiner shall issue a written decision, containing:

A. A statement indicating that the application is approved, approved with modifications or conditions, or denied;

B. A statement of any conditions or modifications included as part of an approval;

C. A statement of the facts upon which the decision, including any modifications or conditions, is based and the conclusions derived from those facts;

D. A statement of the right of any party of record (see LMC 1.35.148) to appeal the decision to the city council. (Ord. 2071 § 2, 1996)

1.35.165 Distribution of decision.

Within three calendar days of the issuance of the written decision, the applicable department director shall send (by regular mail) a copy of the decision to the applicant and shall make a copy of the decision available for public review at the applicable department. The applicable department director shall also send a copy to the finance director for distribution to the city council. (Ord. 2071 § 2, 1996)

1.35.168 Request for reconsideration.

Any person who participated in the public hearing may submit a written request for reconsideration by the hearing examiner by filing the request with the applicable department director within seven calendar days of the effective date of the examiner’s decision. Such requests shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the hearing conducted by the hearing examiner which is the basis of the request. Within five calendar days of the date the request for reconsideration is filed with the applicable department director, the examiner’s decision on whether to reconsider shall be issued. All parties of record for the application shall be mailed the decision to reconsider no later than three calendar days after the examiner’s decision. The examiner shall determine whether to hold additional hearings on the matter. All parties of record shall be mailed notice of this hearing not later than five calendar days prior to the hearing. The reconsidered decision shall be distributed in accordance with LMC 1.35.140. A request for reconsideration by an applicant shall be considered an extension of time mutually agreed to for purposes of timely permit processing. (Ord. 2071 § 2, 1996)

1.35.170 Hearing examiner power to correct or clarify.

Within 21 calendar days of the issuance of the decision, the hearing examiner may amend the decision to correct ministerial errors clearly identifiable from the public record or to clarify any statement in the written decision, as long as the clarification does not alter the intent or effect of the decision. Such a correction or clarification does not affect any time limit provided in this process. (Ord. 2071 § 2, 1996)

1.35.175 Appeal to city council.

Any party of record may appeal the decision to the city council by filing a written request for appeal with the applicable department director within 14 calendar days of the date of issuance of the decision. An appeal filed within this time limit shall be processed pursuant to Process VII, LMC 1.35.700 et seq. (Ord. 2071 § 2, 1996)

1.35.180 Amendment of an approved project or permit.

A. General. Except as otherwise provided in this section, an amendment of a previously approved project or permit is treated as a new application for decision using Process I.

B. Exemption from Administrative Amendment for Conditional Use Permits, Shoreline Conditional Use Permits, and Planned Unit Developments. The following additions and activities to a previously approved project or decision are exempt from conditional use permits, and planned unit development review under this section unless otherwise required by the city code or by the terms of a concomitant agreement which requires review:

1. Repair without a change in the dimensions or configuration of the structure or sign; or

2. The addition of minor structural elements and elements such as fences, carports and mechanical equipment; or

3. Re-striping of parking or circulation areas, minor adjustments to parking area layout; provided the total number of stalls does not fall below the minimum or exceed the maximum number required by the zoning code; or

4. Minor adjustments in building height not to exceed 10 percent in height or minor adjustments in building location not to exceed 10 feet in any direction; provided the structures do not modify the zoning code requirements to any greater extent than any modifications approved with the original application; or

5. Reductions in sign size and height and minor increases in freestanding sign, height not to exceed 10 percent in height or minor adjustments in sign location not to exceed five feet in any direction; provided, the sign(s) does not modify zoning code requirements to any greater extent than any modifications approved with the original application; or

6. Reductions in size and minor adjustments in the location of wall signs on any one side of a building as long as the minor adjustments maintain the design intent or purpose of the original approval; or

7. Changes in color, design or in plant material, as long as changes maintain the design intent or purpose of the original approval.

C. Additional Criteria. In addition to those additions and activities listed in subsection (B) of this section, the planning director may determine that a change to a previously approved project or permit is not subject to administrative amendment review if:

1. The proposal does not result in any significant impact beyond the site; and

2. The proposal is outside the purpose of the administrative amendment and PUD/conditional use requirements, determined by review of the applicable decision criteria; and

3. The proposal does not add more than 300 square feet of new floor area per building, to the approved building(s).

D. Appeal. The decision of the applicable department director defining an exemption pursuant to this section may be appealed using Process II.

E. Administrative Amendment Scope. The following sections contain the procedure that the city will use in deciding on an administrative amendment. A proposed amendment which the applicable department director determines is within the authority of subsection (F) of this section will be decided as an administrative amendment unless the applicant has chosen to have the amendment reviewed as a new application using Process I, LMC 1.35.100 through 1.35.180.

F. Authority for Administrative Amendment. The applicable department director shall act on a proposed amendment to an approved project or permit, including signs and sign programs, if:

1. The amendment maintains the design intent or purpose of the original approval, and does not modify zoning code requirements to any greater extent than any modifications approved with the original application; and

2. The amendment maintains the quality of design or product established by the original approval; and

3. The amendment does not add more than the following:

a. An addition of 20 percent gross square footage or more than 5,000 square feet for an existing or approved building, whichever is less; or

b. An addition of 5,000 square feet maximum for new structures; or

c. An increase of 20 percent of total existing sign area for freestanding signs, and/or 20 percent increase of total existing sign area for wall signs not to exceed maximum allowed by code; and

4. An addition of up to 1,500 square feet per existing or approved building is automatically treated as an administrative amendment unless the addition is exempt under subsection (B) of this section; and

5. The amendment does not cause a significant adverse environmental impact on or beyond the site; and

6. The amendment is not precluded by the terms of the city code or by state law from being decided administratively.

G. Decision Criteria for Administrative Amendment. The applicable department director may approve or approve with modifications an administrative amendment if:

1. The applicant has carried the burden of proof and produced evidence sufficient to support the conclusion that the application merits approval or approval with modifications; and

2. The applicant has demonstrated that the proposal complies with the applicable decision criteria of the city code.

In all other cases, the applicable department director shall deny the application.

H. Conditions. The applicable department director may include conditions as part of the approval or approval with modifications to insure conformance with subsection (G) of this section.

I. Written Proposed Decision. The applicable department director shall issue a written proposed decision on the administrative amendment which contains the following:

1. A description of the project or decision and the proposed administrative amendment; and

2. An analysis of the proposed administrative amendment using the applicable decision criteria and a determination that the administrative amendment is within the scope of an administrative amendment pursuant to subsection (E) of this section; and

3. A statement that the administrative amendment is proposed to be approved, approved with modifications or denied subject to the provisions of this section; and

4. A statement of facts upon which the proposed decision, including any conditions, was based and conclusions derived from those facts.

J. Public Notice of Proposed Decision.

1. Content. The applicable department director shall prepare notice of the proposed decision containing the following:

a. The name of the applicant, and if applicable, the project name; and

b. The street address of the subject property and a description in nonlegal terms sufficient to identify its location; and

c. A vicinity map indicating the location of the subject property; and

d. The file number of the previously approved project or decision; and

e. A brief description of the previously approved project or decision and of the proposed administrative amendment; and

f. A statement that the proposed administrative amendment was approved, approved with modifications or denied subject to the filing of an objection pursuant to subsection (L) of this section; and

g. A statement that the proposed decision will become final unless an objection is filed pursuant to subsection (L) of this section; and

h. A statement of the right of any person to whom notice was mailed to file an objection to the proposed decision pursuant to subsection (L) of this section; and

i. A statement that filing an objection pursuant to subsection (L) will cause the proposed decision to be void and will result in the proposed amendment being treated as new application under Process I, LMC 1.35.100 through 1.35.180; and

j. A statement that if no objection is filed pursuant to subsection (L) of this section, the proposed decision of the director becomes final and may be appealed as provided in subsection (N) of this section.

K. Provision of Notice. The applicable department director shall mail notice of the proposed decision to:

1. The applicant; and

2. Each owner of real property abutting or directly across a public right-of-way from all contiguous property owned by the applicant determined by projecting the property line of that property; and

3. Each person who has requested such notice in writing for the calendar year and who has paid the fee established by the applicable department director; and

4. Each person who can be identified from existing city records as having participated in the original decision.

L. Objection to Administrative Amendment.

1. Who May File. Any person to whom notice was mailed pursuant to subsection (K) of this section or the applicant may file an objection to the proposed decision.

2. How to File. An objection must be in writing and state specific concerns which cause the objection, and must be filed with the applicable department by 5:00 p.m. within 17 calendar days of the date notice of the proposed decision was mailed. There is no fee for filing an objection.

3. Effect of Objection. If an objection is filed pursuant to this subsection the proposed decision of the director is void and the amendment will be processed as a new application using Process I, LMC 1.35.100 through 1.35.180.

4. Effect of No Objection. If no objection is filed pursuant to this subsection, the proposed decision of the director becomes final and may be appealed pursuant to subsection (N) of this section.

M. Commencement of Activity. If no objection is filed pursuant to subsection (L) of this section, the applicant may commence activity or obtain other required approvals authorized by the director’s decision seven calendar days following the final decision of the city. Activity commenced prior to the expiration of the full appeal period provided in subsection (N) of this section is at the sole risk of the applicant.

N. Appeal of Director’s Decision.

1. Who May Appeal. The decision of the applicable department director may be appealed by:

a. The applicant; or

b. Any person to whom notice of the proposed decision was mailed pursuant to subsection (K) of this section;

2. Form of Appeal. A person filing an appeal must make application to superior court for a writ of certiorari, writ of prohibition or writ of mandamus;

3. Time to Appeal. The decision of the applicable department director must be appealed to superior court no more than 20 calendar days following the date on which the time to object expired or is thereafter barred. (Ord. 2441 § 1, 2003; Ord. 2310 § 1, 2000)

1.35.200 Process II: administrative decisions – Appeal to hearing examiner.

Unless specifically provided otherwise in the Lynnwood Municipal Code, LMC 1.35.200 through 1.35.260 shall apply to administrative decisions including decisions on permits and decisions of department directors, and whenever violations of the Lynnwood Municipal Code have occurred and the city has determined that civil penalties shall be imposed for such violations, or whenever a provision of the Lynnwood Municipal Code requires a decision using Process II. (Ord. 2071 § 2, 1996)

1.35.210 Scope.

LMC 1.35.200 through 1.35.260 set forth the procedures that the city shall use in implementing Process II. This process includes a hearing and decision by a hearing examiner. (Ord. 2071 § 2, 1996)

1.35.220 Process on appeal.

An appeal from a notice of violation and assessment of civil penalties or an appeal from a decision under a provision of the Lynnwood Municipal Code that provides for an appeal using Process II shall be processed as follows:

A. The appeal shall be filed with the department director within 14 days of the issuance of the notice of violation and assessment of civil penalties or from the issuance of the decision which is the basis for the appeal. The fee for filing an appeal shall be shown in Chapter 3.104 LMC. The timely filing of an appeal shall stay the effective date of the notice and assessment or the decision until such time as the notice or decision is adjudicated or is withdrawn.

B. The appeal shall include a statement of why the appellant believes the notice or the decision is in error. (Ord. 2699 § 3, 2007; Ord. 2071 § 2, 1996)

1.35.230 Notice of appeal hearing.

A. Upon timely appeal from a notice of violation and assessment of civil penalties or upon appeal from a decision under a provision of the Lynnwood Municipal Code that provides for an appeal using Process II, the applicable department director shall prepare a written notice of appeal hearing containing all of the following:

1. The name of the appellant and, if applicable, the project name;

2. The citation of the Lynnwood Municipal Code provision(s) which is the subject of the appeal;

3. A brief description of the act or circumstances which is the basis of such determination;

4. The date, time and place of the hearing which shall be not earlier than 10 calendar days nor more than 30 days from the date of the notice of hearing, unless extended by agreement, or to combine with other pending or potential appeals;

5. A statement of the appellant’s right to call witnesses and present evidence;

6. A statement that only the appellant and the appropriate department director may appeal the decision of the hearing examiner;

7. A brief summary statement of the reason(s) for the appeal, as such a statement is provided by the appellant or is clear from the written appeal.

B. The notice of appeal hearing shall be sent to the appellant, at the address given in his notice of appeal, by certified mail, return receipt requested and by first class mail, postage pre-paid. (Ord. 2071 § 2, 1996)

1.35.240 Appeal hearing.

A. Who May Participate. The appellant, the appropriate city staff, any witnesses called by the appellant or city staff, and any other person may participate in an appeal hearing.

B. Burden of Proof. The appellant has the burden of proof to establish, by a preponderance of the evidence, that the decision appealed from is incorrect, including as applicable, whether the action conforms to relevant elements of the city’s development regulations, comprehensive plan, and that any significant adverse environmental impacts have been adequately addressed.

C. Hearing Record. An electronic sound recording of each hearing shall be made. (Ord. 2071 § 2, 1996)

1.35.245 Authority and action of hearing examiner.

The hearing examiner shall conduct a hearing following which the hearing examiner shall determine whether the decision appealed from was correct, considering whether it conformed to relevant elements of the city’s development regulations, comprehensive plan, and that any significant adverse environmental impacts have been adequately addressed, or whether violation(s) of the Lynnwood Municipal Code occurred. The hearing examiner shall issue a written decision within 10 city of Lynnwood working days following the conclusion of all testimony and hearings. The decision shall contain findings of fact and conclusions of law and a statement of the appeal and reconsideration rights provided in this code. If the hearing examiner determines that violation(s) occurred, the hearing examiner shall so indicate and enter an appropriate enforcement order, which may include upholding the staff assessment of civil penalty and/or imposing additional civil penalty, as provided by LMC 1.01.085 or otherwise provided. For violations where the Lynnwood Municipal Code allows abatement or corrective action, the hearing examiner, in addition to any civil penalties, may direct and order the appellant to take such steps as are necessary to abate the nuisance or correct the violation. (Ord. 2071 § 2, 1996)

1.35.250 Distribution and effect of examiner’s decision.

A. Within three city of Lynnwood working days of its issue, the examiner’s decision shall be distributed by the applicable department director to the appellant and all who participated in the public hearings.

B. A hearing examiner’s decision on the appeal is the final decision of the city, which may be appealed to the superior court as provided in LMC 1.35.260. (Ord. 2071 § 2, 1996)

1.35.255 Request for reconsideration.

A. Time Period for Filing Request for Reconsideration. Within seven calendar days of the date of the hearing examiner’s decision, the appellant or the applicable department director may file, with the examiner, a written request for reconsideration. Such request shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the hearing, which is the basis of the request. An appellant or department director may file only one request for reconsideration, even if the reconsidered decision modifies the hearing examiner’s initial decision.

B. Examiner’s Action on Request for Reconsideration.

1. Within seven days from the filing of a request for reconsideration, the examiner shall issue a written decision on the request. If the examiner decides to reconsider, the decision to reconsider shall be mailed to all who participated in the prior hearings no later than three days after the examiner’s decision.

2. The examiner shall determine whether to hold additional hearings on the matter. Notice of any additional hearings shall be mailed to all who participated in the prior hearings no later than seven days prior to the hearing.

3. The reconsidered decision shall be distributed to the appellant, the appropriate department director, and all who participated in the hearing(s).

C. Effect of Filing Request for Reconsideration. The filing of a request for reconsideration does not stay the appeal period provided in LMC 1.35.260. However, if the request for reconsideration is granted, the appeal period is stayed pending reconsideration. (Ord. 2071 § 2, 1996)

1.35.260 Appeal of hearing examiner’s decision to superior court.

Any appeal must be timely filed or it is barred. The appeal must be filed within 21 days from the date on which a decision is issued. The date of issue is three days after mailing. The cost to produce any record, including transcript, shall be paid by the appellant. (Ord. 2071 § 2, 1996)

1.35.300 Process III: administrative permits review process.

LMC 1.35.300 through 1.35.360 shall apply to applications for city administrative permits or whenever a provision of the Lynnwood Municipal Code requires a decision using Process III. (Ord. 1909 § 1, 1992)

1.35.310 Scope.

LMC 1.35.300 set forth the procedures that the city will use in implementing Process III. This process includes an opportunity for public comment, followed by a decision by the applicable department director and rights of appeal. (Ord. 1909 § 2, 1992)

1.35.320 State Environmental Policy Act.

The State Environmental Policy Act (SEPA) may apply to an action taken under LMC 1.35.300. See LMC Title 17 for additional notice provisions, decision authority and other review requirements. (Ord. 1909 § 3, 1992)

1.35.325 Authority of department directors.

The applicable department director shall approve, approve with modification and/or conditions, or deny each application. (Ord. 1909 § 4, 1992)

1.35.330 Public notice of impending decision.

A. Content of Notice. The applicable department director shall prepare notice of an impending decision on an application for an administrative permit, containing all of the following:

1. The name of the applicant and, if applicable, the project name;

2. The street address of the subject property of a description in nonlegal terms sufficient to identify its location;

3. The citation of applicable provisions of the Lynnwood Municipal Code;

4. A brief description of the action, permit or approval requested in the application;

5. The date on which the public comment period ends;

6. A statement of the right of any person to participate in the decision as provided for in LMC 1.35.333;

7. A statement that only those persons who participate in the decision as provided in LMC 1.35.333 may appeal the decision of the applicable department director.

B. Time of Notice. The applicable department director shall provide such notice at least 14 days prior to the decision.

C. The applicable department director shall provide such notice by:

1. Publishing it in the official newspaper of the city (see Chapter 1.08 LMC).

2. Posting it at each official posting place of the city (see Chapter 1.12 LMC).

3. Mailing the notice to each owner of real property within 300 feet of any boundary of the subject property and of any property contiguous thereto which is in the applicant’s ownership. Notice mailed to the addressee found on the city of Lynnwood utility billing records, or if there is no such record for any given lot, then notice mailed to the last owner of record in the office of the county treasurer shall be deemed proper notice.

4. Mailing the notice addressed to “occupant/tenant” of each address in a multiple-residential building or mobile home park within the applicant’s property or contiguous to the subject property and to each address in a multiple-residential building or mobile home park within 300 feet of any boundary of the subject property and of any property contiguous thereto which is in the applicant’s ownership. “Occupant/tenant” must be addressed by unit in a multiple-unit building or mobile home park but need not be identified by name.

5. Mailing the notice to each person who has requested such notice in writing for the calendar year and who has paid the fee as shown in Chapter 3.104 LMC.

D. Notice by mail requirements shall be satisfied by substantial compliance with this section. (Ord. 2699 § 4, 2007; Ord. 1909 § 5, 1992)

1.35.333 Public comment process before director’s decision.

Any person may participate in the department director’s decision by submitting written comments on the application to him prior to the date on which the decision is to be made. (Ord. 1909 § 6, 1992)

1.35.335 Department director’s decision.

On or after the date specified in the notice of upcoming decision as the close of the public comment period, the applicable department shall either approve, approve with modifications and/or conditions, or deny the application. (Ord. 1909 § 7, 1992)

1.35.336 Approval criteria.

The applicable department director may approve the application, or approve it with modifications and/or conditions only if the applicant has carried the burden of proof by producing evidence sufficient to support the conclusion that the application merits approval or approval with modifications and/or conditions and demonstrating that the proposal complies with the applicable decision criteria of the city code. (Ord. 1909 § 8, 1992)

1.35.337 Limitations on modification.

If the applicable department director modifies or imposes conditions upon the application which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to LMC 1.35.330, the applicable department director shall provide a new notice of an impending decision and obtain public comment prior to making a decision. (Ord. 1909 § 9, 1992)

1.35.340 Decision of the director.

A. Contents of Decision. The applicable department director shall issue a written decision on the application which contains all of the following:

1. A statement indicating that the application is approved, approved with modifications and/or conditions, or is denied;

2. A statement of any conditions included as part of an approval or approval with modifications;

3. A statement of the facts upon which the decision, including any modifications or conditions, was based and the conclusions derived from those facts;

4. A statement that any person who participated in the decision pursuant to LMC 1.35.333 may appeal the decision a provided in LMC 1.35.350;

5. A statement detailing the information set forth in LMC 1.35.360(E).

B. Distribution of Decision. The applicable department director shall distribute the written decision of the director, bearing the date of distribution, to every member of the city council and to each person who participated in the decision pursuant to LMC 1.35.333. (Ord. 1909 § 10, 1992)

1.35.345 Effect of director’s decision.

Subject to LMC 1.35.350, the decision on the application by the applicable department director is the final decision of the city. (Ord. 1909 § 11, 1992)

1.35.347 Commencement of activity.

Subject to LMC 1.35.350, the applicant may commence activity or obtain other required approvals authorized by the approval or approval with modifications and/or conditions, 15 days following the date on which the final decision of the director is distributed. The city may waive this requirement if the applicant and all parties of record agree in writing to waive the appeal period. If the decision of the applicable department director is appealed pursuant to LMC 1.35.350, no activity may begin and no other city approvals may be granted. (Ord. 1909 § 12, 1992)

1.35.350 Appeal of department.

The applicant or any person who participated in the decision process pursuant to LMC 1.35.333 may appeal the decision of the applicable department director by filing an appeal with the city clerk within 14 days of the department director’s decision. (Ord. 1909 § 13, 1992)

1.35.360 Process on appeal.

An appeal from a department director’s decision on an application for an administrative permit shall be processed as follows:

A. The appeal shall include a statement of why the appellant believes the applicable department director’s decision is in error. The fee for appeals shall be shown in Chapter 3.104 LMC. The timely filing of an appeal shall stay the effective date of the applicable department director’s decision until such time as the appeal is adjudicated by the city council or is withdrawn.

B. Within five working days following the timely filing of an appeal, notice thereof and of the date, time and place for city council consideration shall be mailed to the proponent and to all other parties of record. Such notice shall additionally indicate the deadline for submittal of written comments as prescribed in LMC 2.22.110.

C. An applicable department director’s decision which has been appealed shall come up for city council consideration in open public meeting no later than 30 working days from the date the appeal was filed. The city council shall consider the matter based upon information contained in the written record before the applicable department director, the applicable department director’s decision and the appeal.

D. The city council may accept, modify or reject the applicable department director’s decision, or any findings or conclusions therein, or may remand the decision to the applicable department director for further consideration. A decision by the city council which modifies or rejects the decision by the city council which modifies or rejects the department director’s decision shall not be made until the city council has held a properly advertised public hearing, and shall be supported by findings and conclusions.

E. If, prior to city council action on the appeal of the department director’s decision, the council identifies additional conditions that should be required, and the applicant stipulates in writing his acceptance of those conditions, the council may adopt those additional conditions without further public hearings; provided, that these conditions:

1. Would not waive nor reduce any of the conditions recommended by the applicable department director or any code requirements; and

2. Would not increase the intensity of development, nor significantly alter the design or uses allowed by the proposal.

Any decision by the applicable department director shall reference the above provisions.

F. If it appears to the city council that there is additional information which should have been supplied to the applicable department director, or otherwise feels that the applicable department director should reconsider his decision, the city council shall remand the decision to the applicable department director for further consideration and may specify information to be considered or to be provided by city departments, or others. (Ord. 2699 § 5, 2007; Ord. 1909 § 14, 1992)

1.35.400 Process IV: public hearing and decision by the city council – Scope.

LMC 1.35.400 through 1.35.480 contain the procedures that the city will use in implementing Process IV. This process includes a public hearing and decision by the city council. An informal hearing may apply to action taken under this process. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.405 Applicability.

LMC 1.35.400 through 1.35.480 apply each time a provision of the Lynnwood Municipal Code requires a decision using Process IV. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.410 State Environmental Policy Act.

The State Environmental Policy Act may apply to an action taken under this process. See LMC Title 17. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.415 Authority.

The city council shall conduct a public hearing and, following completion of the hearing, shall make the final decision of the city to approve, approve with modifications or conditions, or deny an application reviewed under this process. For applications for quasi-judicial permits the planning commission or hearing examiner may hold an informal public meeting and make a recommendation to the city council. For legislative actions, the planning commission shall conduct a public hearing and make a recommendation to the city council. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.425 Referral to city departments and other agencies.

Concurrent with issuing notice of application, staff of the applicable department shall refer the application to all other city departments and to local, regional, state or federal agencies who may provide service(s) to the proposal or who may have special expertise for reviewing the application. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.430 Threshold determination.

A. Early Notice. Unless the application is exempt from review under the State Environmental Policy Act (SEPA), staff of the applicable department shall provide notice of the application to the city official(s) responsible for compliance with SEPA concurrent with issuing the notice of application.

B. Issue Determination. Staff of the applicable department shall send copies of the application, along with copies of all comments received from the public (ref. LMC 1.35.020(C)) and from other city departments and agencies to the city official(s) responsible for compliance with the SEPA. The SEPA official(s) shall complete and issue a threshold determination for the application following transmittal of the application and the comments on the application. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.434 Quasi-judicial permits – Informal public meeting.

A. Reclassification of Property (Rezone). The planning commission shall hold an informal public meeting on a proposed rezone. This meeting shall be held at a regularly scheduled meeting of the planning commission, and the planning commission may receive public comment on the application. Following any public comments, the planning commission shall make a recommendation to the city council regarding the proposal and may recommend modifications to the proposal or conditions of approval that the planning commission believes are necessary to fulfill city requirements or other adopted policies regarding reclassifications of property. Notice of this informal public meeting may be provided in the notice of application (see LMC 1.35.020).

B. Subdivisions. The hearing examiner shall hold an informal public meeting on the proposal. This meeting shall be held at a regularly scheduled meeting of the hearing examiner, and the hearing examiner may receive public comment on the application. Following the informal public meeting, the hearing examiner shall issue a written recommendation to the city council regarding the proposal and may recommend modifications to the proposal or conditions of approval that the hearing examiner believes are necessary to fulfill city requirements or other adopted policies regarding subdivisions. Notice of this informal public meeting may be provided in the notice of application (see LMC 1.35.020). When a planned unit development is submitted for consolidated processing with a subdivision (see LMC 1.35.080), the informal meeting shall also consider the proposed planned unit development. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.436 Legislative actions – Public hearing.

For area-wide rezonings, amendments to the comprehensive plan, zoning code, or subdivision code, or for other legislative actions processed through this procedure, the planning commission shall hold a public hearing and make a recommendation to the city council. Notice of this public hearing shall be distributed following issuance of the threshold determination for the action, and shall be provided at least 20 calendar days prior to the hearing. The conduct of the hearing shall be as set forth in LMC 1.35.445 and 1.35.448. Notice shall include publishing in the official newspaper of the city, posting the notice at official posting place(s) of the city. After the close of the public hearing, the planning commission shall make a recommendation to the city council regarding the proposed action. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.440 Notice of hearing.

The applicable department director shall provide notice of the public hearing, as follows:

A. Content.

1. Name of the applicant and the project name;

2. Street address and/or a description of the property in nonlegal terms;

3. Citation of the portion(s) of the Lynnwood Municipal Code requiring the permit(s) for which the application has been submitted;

4. A brief description of the proposed action and the requested permit(s);

5. Date, time and place of the hearing;

6. A statement of the right of any person to participate.

B. Distribution. The applicable department director shall distribute the notice by:

1. Publishing the notice in the official newspaper of the city;

2. Posting the notice at official posting place(s) of the city and at the site (if any);

3. Mailing the notice by regular mail to owners of property within at least 300 feet of the boundary of the subject property (if any) and of any property contiguous thereto in the applicant’s ownership. For the purpose of this mailing, the applicable department director shall use the listing of ownership and addresses on the city of Lynnwood utility billing records. If no record for any given lot is shown on those records, then the last owner of record in the office of the county treasurer shall be deemed proper notice;

4. Mailing the notice by regular mail to each person who has requested such notice in writing for the calendar year and who has paid a fee as shown on Chapter 3.104 LMC for this service to the administrative services director;

5. This noticing requirement shall be satisfied by substantial compliance with this section.

C. Timing. The notice of the public hearing shall be provided at least 20 calendar days before the date of the hearing. (Ord. 2699 § 6, 2007; Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.445 Conduct of a public hearing.

Anyone may participate in a public hearing by presenting oral or written testimony. Participation may include submitting written comments before or at a hearing or signing the register of the parties of record. An electronic sound recording of a hearing shall be made. The hearing body may adopt rules and procedures for the conduct of a hearing. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.448 Parties of record.

The parties of record for the application shall include:

A. Persons who speak at public hearing;

B. Persons who present written testimony either at or before a public hearing;

C. Persons who sign the register of the parties of record at a public hearing;

D. The applicant; and

E. The members of the city council. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.450 Decision.

After the close of the public hearing, the city council shall either approve, approve with modifications or conditions, or deny the application. The city council may continue the hearing; provided, that for applications subject to the time limit in LMC 1.35.025, final action is completed and a notice of decisions is issued in compliance with that time limit. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.455 Criteria.

The city council may approve or approve with modifications or condition an application if the city council finds that the applicant has carried the burden of proof and has produced evidence sufficient to support the conclusion that the application merits approval and that the proposal complies with the applicable decision criteria in the comprehensive plan and the municipal code. In all other cases, the city council shall deny the application. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.460 Findings of fact and conclusions of law.

For site-specific rezones, planned unit developments, subdivisions, and other quasi-judicial permits, the city council shall adopt findings of fact and conclusions derived from those facts which support the decision of the city council to deny, approve or approve with modifications or conditions. The city council may, by reference, adopt some or all of the findings and conclusions recommended by the planning commission or hearing examiner. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.465 City council decision – Distribution.

The applicable department director shall send by regular mail the decision of the city council (including any findings of fact and conclusions of law) to each party of record and shall make a copy of the decision available for public review at the applicable department. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.470 Administrative services director power to correct or clarify.

Within 21 calendar days of the issuance of the city council’s decision, the administrative services director may amend the written decision to correct ministerial errors clearly identifiable from the public record or to clarify any statement in the decision, as long as the clarification does not alter the intent or effect of the action by the city council. Such a correction or clarification does not affect any time limit provided in this process. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.480 Appeal to superior court.

Any person’s (with “standing,” as defined by RCW 36.70C.060) appeal to superior court must be timely filed, or is thereafter barred. The decision must be appealed no more than 21 calendar days from the date on which a land use decision is issued. The date of issue is three calendar days after mailing (see LMC 1.35.465). The cost to produce any record, including a transcript of any public hearing, shall be paid by the appellant. (Ord. 2463 § 17, 2003; Ord. 2071 § 4, 1996)

1.35.600 Process VI: appeals of administrative determinations to the hearing examiner – Scope.

LMC 1.35.600 through 1.35.640 set forth the procedures for Process VI, which allows an open record appeal of an administrative decision to the hearing examiner. It also allows a closed-record appeal of the hearing examiner’s decision to the city council. (Ord. 2071 § 5, 1996)

1.35.605 Authority of hearing examiner.

When considering an appeal of an administrative action under this process, the hearing examiner may review all aspects of the decision and may uphold, revise, or reverse (in whole or in part) the decision. The examiner shall complete action on the appeal and issue a written decision within 90 calendar days of receipt of the appeal by the applicable department director. (Ord. 2071 § 5, 1996)

1.35.610 Set date of appeal hearing.

Upon receipt of an appeal of an administrative decision, the applicable department director shall set the date for a public hearing on the appeal before the hearing examiner. The date of the public hearing shall be at least 20 calendar days after notice of the hearing is provided (ref. LMC 1.35.615). (Ord. 2071 § 5, 1996)

1.35.615 Notice of appeal hearing.

The applicable department director shall prepare a notice of the appeal hearing that shall include, at a minimum, the following information:

A. The name of the appellant;

B. The project name;

C. The action being appealed;

D. The date, time, and place of the hearing;

E. A brief statement of the basis of the appeal, as stated in the appeal. (Ord. 2071 § 5, 1996)

1.35.620 Distribution of notice of appeal hearing.

The applicable department director shall distribute the notice of the hearing as follows:

A. By regular mail to the appellant and all parties of record.

B. By publishing in the official newspaper of the city.

C. By posting at each official posting place of the city and at the project site. (Ord. 2071 § 5, 1996)

1.35.625 Appeal hearing.

A. Who May Participate. Any person may participate in the appeal hearing by submitting written testimony before or at the hearing, or by speaking at the hearing;

B. Parties of Record. The parties of record for the application shall include:

1. Persons who speak at the public hearing;

2. Persons who present written testimony either at or before the public hearing; and

3. Persons who sign the register of the parties of record at the public hearing.

The applicant and the members of the city council shall be parties of record to any public hearing before the hearing examiner.

C. Burden of Proof. At the hearing, the applicant has the burden of proof to establish, by a preponderance of evidence, that the staff erred in taking the action under appeal.

D. Hearing Record. The hearing examiner shall make an electronic sound recording of each hearing. (Ord. 2071 § 5, 1996)

1.35.630 Action by the hearing examiner.

Within 14 calendar days following the conclusion of the hearing, the hearing examiner shall issue a written decision which shall contain:

A. A statement of the decision;

B. A statement of the facts upon which the action is based and the conclusions derived from those facts;

C. A statement of the right of any person who participated in the public hearing to appeal the hearing examiner’s decision to the city council. (Ord. 2071 § 5, 1996)

1.35.635 Distribution of decision.

The applicable department director shall distribute the written decision of the hearing examiner to each person who participated in the public hearing. (Ord. 2071 § 5, 1996)

1.35.640 Appeal to city council.

Any party of record may appeal the hearing examiner’s decision to the city council by filing a written appeal of that decision with the applicable department director within 14 calendar days of the date of issue of that decision. The appeal shall state the reasons why the appellant believes that the hearing examiner’s decision was in error. Any such appeal shall be processed pursuant to Process VII, LMC 1.35.700 et seq. (Ord. 2071 § 5, 1996)

1.35.700 Process VII: appeals of decisions by the hearing examiner to city council – Scope.

LMC 1.35.700 through 1.35.740 set forth the procedures for Process VII, which allows a closed record appeal of a decision by the hearing examiner to the city council. (Ord. 2071 § 6, 1996)

1.35.705 Authority of city council.

When considering an appeal of an action under this process, the city council may review all aspects of the decision and may uphold, revise, or reverse the decision being appealed. The city council shall make the final decision of the city on the action, and shall exercise all the decision-making power that the city council would have had to approve, approve with modifications or conditions, or deny, had the city council presided over the hearing held by the hearing