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FINDINGS AND RECOMMENDATION OF THE HEARING EXAMINER OF THE CITY OF EVERETT IN THE MATTER OF THE APPLICATION OF SECOND CHANCE FOR APPROVAL OF A SPECIAL PROPERTY USE PERMIT AND BUILDING AND PUBLIC WORKS PERMITS SPU #5-93 RECOMMENDATION: The proposed use of the juvenile care transition facility is a permitted use in a C-2 zone. INTRODUCTION The Second Chance Foundation, 410 Fourth Avenue, Seattle, WA 98104 (hereinafter referred to as Applicant) requested approval from the City of Everett for the issuance of a Special Property Use Permit and other Building and Public Works Permits for the construction of a 28 bed, juvenile care transition facility at 40th Street and Smith Avenue, Everett, Washington (hereinafter referred to as subject property). As part of the review process, the City of Everett was designated the lead agency for SEPA review of the project which was proposed to be located in a C-2, Heavy Commercial Light Industrial zone. On March 15, 1993, the City issued a Mitigated Determination of Non-Significance (MDNS). This threshold decision was later withdrawn because of activity on-site prior to approval. On March 29, 1993, the City reissued the MDNS. The threshold decision was ultimately appealed to the City Council of the City of Everett. In a meeting of the City Council on June 16, 1993, the City Council did not make a decision on the SEPA appeal but questioned whether the proposal was a permitted use in the C-2 zone. As part of the process to make this determination, the City Council submitted "the matter to the Hearing Examiner for a determination on the zoning classification issue". On September 30, 1993, a hearing was held before the Hearing Examiner of the City of Everett on the permitted use issue. At the hearing the following presented testimony and evidence: Bob Landles, Planning Staff Faheem Siddiq, Planning Staff Jim Iles, Legal Terry Slatten 4100 S. Third Avenue Everett, WA 98203