2022/08/31 Council Agenda Packet

EXHIBIT D — EMC 15.02 LAND USE AND PROJECT REVIEW PROCEDURES planning department shall distribute this notice as follows: a. A copy of the notice and application, or summary thereof, will be published in the official newspaper of the city at least ten calendar days prior to the decision regarding the issuance of the permit. b. A copy of the notice and application, or summary thereof, will be mailed to: (1) Owners of all property within five hundred feet of any boundary of the subject property; (2) Office of neighborhoods; and (3) Any neighborhood organization in the vicinity of the temporary outdoor - encampment, safe parking ar as or tiny home communities emergency shelter site whose contact information is known to or made known to the managing agency, at least ten calendar days prior to the decision regarding the issuance of the permit. (4) Public notices are not required for shelters provided for persons experiencing survivors of domestic violence. C. Review Process, Notice of Decision Regarding Issuance of Permit, and Appeal Procedure. After review of the application for a temporary outdoor + safe parking area r tiny hom c0rn-rnunitie outdoor emergency shelter, the planning director shall make a decision regarding the issuance of a temporary use permit together with any modifications requested. A notice of such decisions stating whether the permit is granted or denied, along with information regarding the procedure for appeal of the decision, shall be mailed as required for the notice of application within three business days after the decision. The information regarding the procedure for appeal shall state at a minimum as follows: 1. The deadline for filing a notice of appeal of the planning director's decision is fifteen calendar days from the date the decision is mailed; and 2. The notice of appeal of the planning director's decision shall be filed with the city clerk. 3. The planning director's decision may be appealed to the city's hearing examiner, who has jurisdiction to hear this matter and who will issue the final decision of the city after a public hearing. The notice of the time and place of the public hearing shall be provided to the applicant and to any person who, prior to the rendering of the decision on the permit, made a written request for notice or submitted substantial comments on the application for the permit. 4. The public hearing procedures shall be as specified in Section 15.24.400. The hearing examiner shall issue findings within ten business days of the conclusion of the hearing. Within three business days of rendering the written decision, copies shall be mailed to the applicant and all who have requested notice by signing a register provided at the hearing. The hearing examiner's decision shall constitute the city's final decision. Any appeal of the city's final decision may only be made to Snohomish County superior court in accordance with Chapter 36.70 RCW. The burden of proof on appeal shall be on the appellant. D. Additional Requirements for Applications Requesting Modification of Standards for Temporary Outdoor -Encampment, oaf P. rki g &eas ar Tin„ omc Communities Emergency Shelter. 1. The applicant may apply for a temporary use permit that applies standards that differ from those in Section 19.08.200(B} only where; in addition to satisfying the requirements in Section 19.05.068, the applicant submits a description of the standard to be modified and demonstrates how the modification would result in a safe temporary outdoor encampment, safe parking areas or tiny home communities emergency shelter under the specific circumstances of the application. Such requests shall be reviewed by the city's hearing examiner planning director at a public hearing. The hearing examiner planning director shall make a decision regarding the issuance of a pay Planning Commission Resolution 22-02 Homeless Shelters and Housing Code Amendments Exhibit D: EMC 15.02 Land Use and Project Review Procedures Page 2 of 3 EYEREtf