17.02.029 Planned action permit process.
Applications for planned actions shall be processed as follows:
A. Applications for planned actions shall be made on forms authorized by the SEPA responsible official, shall include a SEPA checklist and other supporting materials as requested by the SEPA responsible official, and shall be accompanied by applicable fees.
B. The development and business services department shall determine whether the application is complete as provided in LMC 1.35.015.
C. Within 14 calendar days after the determination of completeness, the SEPA responsible official shall determine that:
1. The proposed project meets the description in the designating planned action ordinance; and
2. The proposed project will implement any applicable conditions or mitigation measures identified in the designating planned action ordinance; and
3. The probable significant adverse environmental impacts of the proposed project have been adequately addressed in the EIS prepared for the planned action, by reviewing an environmental checklist or other project review form as specified in SEPA regulations and filed with the application; and
4. The proposed project is not an essential public facility, as defined in RCW 36.70A.200 or the city of Lynnwood comprehensive plan.
5. The proposed project meets the city’s evaluation criteria for concurrency related transportation impacts as provided for in the city of Lynnwood comprehensive plan. Projects failing to meet such evaluation criteria shall be required to undergo SEPA environmental review to evaluate and address transportation concurrency impacts. Use of SEPA to evaluate concurrency management shall occur only until such time as the city adopts a concurrency management ordinance in accordance with RCW 36.70A.070(6)(b).
Within the same 14-day period, the SEPA official shall also determine whether the proposed project meets the criteria of LMC 17.02.300(C)(1) and (C)(3) or the applicable designating planned action ordinance.
D. If the SEPA responsible official determines that a proposed project qualifies as a planned action pursuant to subsection (C) of this section, then the application shall be processed in accordance with the applicable permit review procedures; except that no SEPA threshold determination, EIS or additional SEPA review shall be required. Although no SEPA threshold determination, EIS or additional SEPA review shall be required for the proposed project, the city may use city code provisions and other applicable laws to place conditions on the project that will mitigate nonsignificant impacts.
E. Public notice and review for projects that qualify as planned actions shall be tied to the underlying permit. If public notice is otherwise required by the provisions of Chapter 1.35 LMC for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required.
F. If the SEPA responsible official determines that a project does not qualify as a planned action, the SEPA responsible official shall so notify the applicant and prescribe a SEPA review procedure consistent with the city’s SEPA regulations and the requirements of state law. The notice to the applicant shall describe the elements of the project and application that result in failure to meet the planned action criteria.
G. Projects that fail to qualify as planned actions may incorporate or otherwise use relevant elements of the applicable EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The SEPA responsible official may limit the scope of SEPA review for the nonqualifying planned action project to those issues and environmental impacts not adequately or previously addressed in the planned action EIS.
H. The decision of the SEPA responsible official regarding qualification as a planned action shall be final with no administrative appeals. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2943 § 2, 2012)