Ordinance 3774-20 - Laserfiche WebLink

d. An open record hearing on a proposed change shall be considered a subsequent action and is not barred by the limitation on a single open record hearing for a land use permit. 9. For the purposes of this subsection,the hearing examiner shall have all the powers of the planning director(except for that of the SEPA responsible official),and those powers necessary to fulfill his/her function as land use hearing examiner, including recommendations for docketing revisions to plans and development regulations(see EMC 15.02.700). Article IV. Shoreline Permit Procedures 15.02.300 Shoreline permit procedures. A. Shoreline permit issuance 1. Letter of Exemption.Whenever a development is determined by the city to be exempt from substantial development permit requirements and the development is subject to a United States Corps of Engineers Section 10 permit under the River and Harbor Act of 1899,or a Section 404 permit under the Federal Water Pollution Control Act of 1972,the planning director shall prepare a letter addressed to the applicant and the Department of Ecology,exempting the development from the shoreline permit requirements of this chapter.This exemption letter shall be substantially as described in WAC 173-27-050. 2. When Construction Authorized. Development under a shoreline permit shall not begin and shall not be authorized until twenty-one(21)days from the date of filing,or until all review proceedings, initiated within twenty-one(21)days from the date of such filing, have been terminated,except as provided in RCW 90.58.140(5)(b)and(c). a. For purposes of a substantial development permit, "date of filing" means the date the actual receipt of the decision by the Department of Ecology. For purposes of any permit that requires a variance or a conditional use,the"date of filing"means the date a decision by the Department of Ecology is transmitted to the city of Everett. b. In addition,each permit for a substantial development,conditional use,or variance issued by the city should contain a provision that construction is not authorized until twenty-one(21)days from the date of filing,or until all review proceedings initiated within twenty-one(21)days from the date of such filing have been terminated,except as provided in RCW 90.58.140(5)(b).Absence of the provision in a shoreline permit shall not affect enforcement of this requirement. 3. Conditions on Shoreline Permits. In granting or extending a permit,the planning director or examiner may attach conditions or modifications and restrictions regarding the location,character or other features of the proposed development as is necessary to make the permit compatible with the criteria set forth in the shoreline master program and this title. 4. Other Applicable Requirements. Issuance of a shoreline permit does not exempt the applicant from meeting requirements in other agency permits,procedures and regulations. B. Time requirements of shoreline permits. The time requirements in subsections 1 and 2 of this subsection shall apply to all shoreline permits,including substantial development permits,variances and conditional uses, unless a different time requirement is specified in the permit as provided in subsection 3 of this subsection.The time frames established in subsections 1 and 2 of this subsection do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals,or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed,including all reasonably related administrative or legal actions on any such permit or approvals. 1. Construction must be commenced or,where no construction activities are involved,the use or activity shall be commenced within two(2)years of the effective date of a shoreline permit.The city may,at its discretion,extend the two-year time period for a reasonable time based on reasonable factors,if a Ch.15.02 Local Project Review 26 City Council Action(11/04/2020)