Executive/Council Action Form (ECAF)
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Ordinance 22-021, relating to Growth Management; administrative appeal hearing notice requirements for Type 1 and Type 2 Permits; amending Chapters 30.71 and 30.72 SCC
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DEPARTMENT: Planning and Development Services
ORIGINATOR: Sarah Titcomb
EXECUTIVE RECOMMENDATION: Approve - Ken Klein
PURPOSE: To adopt code amendments to Chapters 30.71 and 30.72 of the Snohomish County Code (SCC) related to noticing for Type 1 and Type 2 appeal hearings. The code amendments will increase the clarity and efficiency of the noticing process for Type 1 open record appeal hearings by: 1) eliminating Planning and Development Services (PDS) from the noticing process for appeal hearings; and 2) requiring a single noticing process that allows for use of email. The code amendments will also clarify that the Council Clerk can provide notice of Type 2 closed record appeal hearings by email.
BACKGROUND: The Office of Hearings Administration is currently required to process open record appeal hearing notices for all Type 1 permits except for appeals related to short subdivision administrative decisions made pursuant to Chapter 30.41B SCC, and to State Environmental Policy Act (SEPA) determinations made pursuant to Chapter 30.61 SCC. Notice of the open record appeal hearing for these two exceptions must be processed by PDS. Further, the current noticing requirements for the three categories of Type 1 open record appeal hearings are different. Requiring two different parties to notice Type 1 open record appeal hearings utilizing three different processes causes confusion and delays. Additionally, with the popularity of email correspondence and change in permit processing at PDS to only accept digital permit submissions, requiring that notice of Type 1 and Type 2 appeal hearings be physically mailed is not reasonable, cost effective, or the most efficient method of delivery in most situations. PDS briefed the Planning Commission on the proposed code amendments on February 22, 2022. The Planning Commission held a public hearing on March 22, 2022, and they recommend adoption with an amendment as outlined in their March 28, 2022, letter and the Addendum to the February 22, 2022, staff report dated April 25, 2022.
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OTHER DEPARTMENTAL REVIEW/COMMENTS: Approved as to form by DPA Christina Richmond. Reviewed/approved by Finance.