Purpose. The purpose of this chapter is to establish standard procedures for land use and development permit decisions. The procedures are designed to:

Applicability. The provisions of this chapter apply to all land use decisions and development permits. Where conflicts exist with procedural requirements in other sections of the Mukilteo Municipal Code, this chapter shall govern.

Classification System. Four types of review are established for permit and project processing:

Unlisted Permits. If a review type is not identified for a particular permit, the director shall determine the proper procedure by determining which procedure the permit most closely resembles. Where there is a question as to the appropriate classification, the director shall resolve the question in favor of the higher procedure and type number.

Consolidated Review. An application that involves two or more permit types may be processed collectively under the highest numbered procedure required for any part of the application or processed individually. If the application components are processed individually, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. Permit applications are allowed a maximum of one open record hearing and one closed record appeal hearing.

Permit Types.

Optional. Pre-application meetings are strongly encouraged but not required.

Request. Any person may request a pre-application meeting by submitting a request form prepared by the department and including required supplemental materials. At a minimum, the applicant shall provide a draft site plan, project narrative, and list of questions.

Content. Pre-application meetings are scheduled with representatives of multiple city departments. Representatives from the applicable water and wastewater district are also invited to attend. The goal of the meeting is for the applicant and city staff to discuss the proposal, applicable requirements, and necessary permits and submittal materials needed to make a formal application.

Limitations. It is impossible for the meeting to be an exhaustive review of all potential issues. The discussions at the conference do not bind or prohibit the city's future application or enforcement of all applicable laws. Review of a proposal at a pre-application meeting does not vest a project. Vesting is based on the date a complete, formal application is submitted.

Submittal Requirements. A permit application is complete for purposes of this section when it contains all items on the relevant submittal checklist provided by the department on the city's website or application portal together with the appropriate fees as established by city council resolution. To be determined complete, submittal materials must be in a comprehensible format with adequate information to allow review of the project to progress.

Timeline. Within twenty-eight days of receiving an initial land use development permit application (or within fourteen days of resubmittal in response to a determination of incompleteness), the city must provide a written determination to the applicant that states either:

Default Determination. If the city fails to provide a written determination within twenty-eight days, the permit application shall be deemed complete by default. A determination of completeness (whether written or by default) does not preclude the city from requesting additional information or studies or requiring project modifications.

Incomplete Applications. Applicants have ninety days from a determination of incompleteness to submit the necessary information. The director may grant up to two ninety-day extensions. Failure to resubmit within ninety days (or extended timeline) will cause the application to lapse and the permit file will be closed.

Consistency Review. City staff will review each application to determine whether the proposed project is consistent with the applicable development regulations—including the types of uses proposed, bulk and dimension standards, adequacy of infrastructure, and criteria specific to the type of permit or project being proposed. In the absence of applicable development regulations, the appropriate elements of the comprehensive plan will be used to evaluate the project.

Environmental Review. Land use development permit applications must be reviewed for compliance with the State Environmental Policy Act, including Chapter 43.21C RCW, Chapter 197-11 WAC, and Chapter 17.84 of the Mukilteo Municipal Code. If the city's policies and regulations adequately address a project's probable specific adverse environmental impacts, no additional mitigation may be assigned under SEPA.

Documentation. Key findings of the project review will be captured in the notice of decision or ordinance. For permits that do not require a notice of decision, staff will put notes in the file as needed to demonstrate how the application was consistent or inconsistent with applicable standards.

Insufficient Information. The city's determination of completeness shall not preclude the city from requesting additional information or corrections either at the time of the determination of completeness or at some later time as necessary to demonstrate the project is consistent with city codes and regulations. Requests for corrections or additional information shall be made in writing. Applicants have ninety days from the written request to submit the necessary information or corrections. The director may grant up to two ninety-day extensions. Failure to resubmit within ninety days (or extended timeline) will cause the application to lapse and the permit file will be closed.

Notice of Application.

SEPA Determination.

Notice of Public Hearing.

Notice of Decision.

General Provisions. For notices not outlined above, the director shall determine appropriate timing and contents. No proceeding shall be invalid due to minor notice deficiencies if there was a good faith attempt to comply with the requirements of this section.

Distribution of Notices.

Number and Types of Hearings for Project Permits. The Regulatory Reform Act, Chapter 36.70B RCW, provides for no more than one open record hearing and one closed record appeal on a permit. The open record hearing shall consist of the public hearing on the proposed development as well as any appeal hearing on a threshold determination (except for a determination of significance) or an appeal of an administrative decision. Appeals of other final decisions will be heard during a closed record hearing.

Number and Types of Hearings for Nonproject Permits. Land use approvals that do not involve project permits are not subject to any limitations on the number of hearings and do not require consolidation with appeal hearings. For actions that do not involve project permits, the city may schedule as many hearings as it wishes, provided there is at least one hearing.

Joint Public Hearing. The director may combine any public hearing on a project permit application with any related hearing that may be held by another local, state, regional, federal, or other agency as long as:

Procedures. All public hearings shall generally follow the procedure described below.

Timing. Permit decision must be issued within the timelines identified in Section 17.13.030 unless the applicant has consented to an alternate timeline. If the city is unable to issue its notice of decision within the established timeline, they should provide written notice to the applicant with the reasons for the delay and estimated decision date. Applicants have one hundred eighty days from the time they receive notice that their permit is ready to issue to pay all fees and submit any remaining information.

Options. Permits may be approved, approved with conditions, or denied based on findings of the consistency analysis performed during project review.

Effective Date. Decisions are presumed valid and in effect on the date issued unless an administrative appeal is filed. The timely filing of an administrative appeal will stay the effective date of the decision until such time as the appeal is adjudicated by the appropriate body. Any applicant who engages in any activity prior to the expiration of any administrative appeal period does so at their own risk.

Expiration and Extensions. An issued land use permit will expire and become null and void if a building permit (or a grading permit consistent with Chapter 15.16) is not obtained within the required time frame:

Minor Modifications. The director may authorize minor modifications (generally changes of less than fifteen percent for any given standard) to an approved land use development permit, provided the modifications do not add unmitigated impacts or affect the conditions of the original approval.

Timely Filing.

Standing. Only parties of record may initiate an administrative appeal. Parties of record include: the applicant, any person who testified at the open record hearing on the application, and/or any person who submitted written comments concerning the application (excluding persons who have only signed petitions or mechanically produced form letters).

Content. Appeals shall be in writing, include the city's required form(s), and be accompanied by an appeal fee as outlined in the city's most current fee resolution.

Consolidation. All appeals of land use development permit application decisions shall be considered together in a consolidated appeal. Appeals of an environmental determination under SEPA, Chapter 17.84, shall proceed as provided in that chapter.

Administrative Appeal Procedures. The hearing examiner shall establish the hearing procedures for appeals of administrative decisions, including setting the hearing date, time and location, with a pre-hearing order or similar document. The appeal shall be considered and decided within ninety days of a notice of decision for open record appeals and within sixty days of a notice of decision for closed record appeals unless the parties involved mutually agree to extend these time periods. The city shall issue a written decision of appeal within ten days of the appeal body's final action to the parties of record disclosing whether the appeal is upheld or denied.