On the agenda: Stanwood meeting — Flock Safety (Jan 23)

City of Stanwood

City Council Packet
Stanwood City Council
Regular Meeting
Thursday, January 23, 2025

AGENDA
CITY COUNCIL REGULAR MEETING
January 23, 2025 | 7:00 p.m.

Stanwood-Camano School District, Admin. Building Board Room
26920 Pioneer Highway, Stanwood, WA 98292
Members of the public may attend Stanwood City Council meetings
in-person or via Zoom. The Zoom link is posted on the City’s website calendar
https://www.stanwoodwa.org

1.
2.
3.
4.
5.

CALL TO ORDER AND PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE AGENDA
PRESENTATIONS
Lincoln Hill High School Update - Student Representative Luke Hoffman
PUBLIC COMMENTS
• Verbal comments may be provided in-person.
• Written comments must be provided to the Clerk by 12:00 p.m. the day of the meeting via this link:
https://stanwoodwa.org/FormCenter/City-Clerk-5/City-Council-Meeting-Remote-Public-Comme-61
• Remote (online or phone-in) comments can be received by reasonable accommodation only.
Any requests for reasonable accommodation for remote participation, must be sent in writing to the
City Clerk at [email protected] by 12:00 p.m. the day of the meeting.

6.
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8.

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14.
15.

STAFF / DEPARTMENT REPORTS
COUNCIL COMMITTEE REPORTS
a. Community Development Committee Meeting Minutes - January 2, 2025
7.1
b. Planning Commission Meeting Minutes - November 18, 2024
7.3
c. Public Safety Committee Meeting Minutes - January 9, 2025
7.7
CONSENT AGENDA
a. Approve Vouchers and Payroll Checks
8.1
b. Approve City Council Regular Meeting Minutes - January 9, 2025
8.7
c. Approve the Second Reading and Adopt Ordinance 1545 SMC Title 14,
8.11
Building and Fire Codes Update
d. Authorize the Mayor to Sign the Snohomish County ILA for Traffic
8.15
Control Device and Street Light Maintenance
e. Authorize the Mayor to Sign On-Call Professional Service Agreements
8.35
with 19 Consultant Firms
UNFINISHED BUSINESS
PUBLIC HEARING
a. First Reading of Ordinance 1543: SMC Title 18 Code Structure and
10.1
Permitting Procedures
i. Open Public Hearing
ii. Approve First Reading of Ordinance 1543: SMC Title 18 Code Structure
and Permitting Procedures
NEW BUSINESS
a. Approve Council Committee Selection 2025
11.1
PUBLIC CLOSING COMMENTS
EXECUTIVE/LEGISLATIVE REPORTS
a. Mayor’s Report
b. City Administrator’s Report
c. Councilmember’s Reports/Questions
RECESS TO EXECUTIVE SESSION
ADJOURN

Upcoming Meetings:
Monday, Feb 10, 2025 City Council & Planning Commission Joint Meeting 6:30 pm
Thursday, Feb 13, 2025 City Council Workshop 5:00 pm
Thursday, Feb 13, 2025 City Council Meeting 7:00 pm
Thursday, Feb 27, 2025 City Council Meeting 7:00 pm

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

7a

DATE:

January 23, 2025

SUBJECT:

Community Development Committee Meeting Minutes

CONTACT PERSON:

Patricia Love, Community Development Director

ATTACHMENTS:

A – January 2, 2025 Meeting Minutes

SUMMARY STATEMENT:
Minutes from the January 2, 2025 Community Development Committee Meeting are
attached to this staff report for approval as presented.

7.1

ATTACHMENT A

Community Development Committee
Meeting Minutes
Thursday, January 2, 2025 | 5:00 pm
Council Members Present: Andreena Bergman, Dani Gaumond, Steve Shepro
Staff Present: Patricia Love, Audrey Rotrock
Others Present: N/A
Steve Shepro called the meeting to order at 5:01 p.m.
1. Unified Development Code: Housing and Development Flexibility Discussion
Commercial Conversions: Council members would like more information on types
of commercial buildings that could be converted to residential such as schools,
churches, and storage containers. They would also like to see a clearer definition
of the term “accessory”.
Accessory Dwelling Units (ADU’s): Consider adding a maximum limit on the sizes
of ADU’s. There are concerns that parking would become an issue. With a
maximum height of 25 feet, ADU’s could potentially block sunlight from neighbors.
Consider restricting types of structures that will be allowed to be used as an ADU.
Also consider restricting ADU’s for short-term rentals.
Council members are supportive missing middle housing types such as cottages,
townhomes and duplexes, unit lot subdivisions, lot size averaging, and
cluster/onsite density transfers. Members would like to see more examples of lot
size averaging and cluster/onsite density transfers.
Split Lot Subdivisions: The CDC is supportive of this only in areas that won’t require
new roads or road improvements. Limit how this would be allowed, such as for infill
only.
Model Home Ordinance: Council members are supportive of allowing a Model
Home Ordinance of up to 4 model homes.
Development Code Amendments: The CDC is supportive of using the PRD
standards as the new base standard. Council members are supportive of a width
to depth ratio as a standard but would first like to learn more about it.
2. Year in Review
Staff asked the CDC to email in any questions they may have about the Year in
Review.
Adjourn: 7:00 p.m.

10220 270th St NW, Stanwood, WA 98292 | 360-629-2181 | www.stanwoodwa.org

7.2

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

7b

DATE:

January 23, 2025

SUBJECT:

Planning Commission Meeting Minutes

CONTACT PERSON:

Tansy Schroeder, Senior Planner

ATTACHMENTS:

A – November 18, 2024, Meeting Minutes

SUMMARY STATEMENT
Minutes from the November 18, 2024, Planning Commission Meeting are attached to
this staff report for approval as presented. These minutes were approved at the January
13, 2025, Planning Commission Meeting.

7.3

ATTACHMENT A

Planning Commission
Meeting Minutes
Monday, November 18, 2024 – 6:30 pm
Call to Order: 6:30 p.m.
Roll Call
Commissioners Present:
Eric Warnat, Commissioner
Melissa Toner, Commissioner
Patrick Hosterman, Commission Chair
Cody Davis, Commission Vice-Chair
Gabrielle Braley, Commissioner
Jeff Wheatley, Commissioner

Staff Present:
Patricia Love, Community Development Director
Tansy Schroeder, City Planner

Absent: Kathy Moe, Commissioner
Also known to be present: Nate Jones (Transpo Group – online)
Public Requests and Comments: None
Approval of Minutes:
The minutes from the October 14, 2024, Planning Commission meeting were unanimously
approved.
Special Presentation:
Transpo Group -Land Use Economic Analysis (Supplement to Permitted Use Discussion)
As part of the permitted use code amendments discussion, the City needs to plan for missing
middle housing which includes cottages, duplexes, townhouses, small apartments, and mixeduse developments. Missing middle housing can help address housing shortages, create more
affordable housing options, and provide options for people wanting to downsize from traditional
larger detached single-family homes.
One of the common complaints that the City hears about mixing housing types in traditional singlefamily neighborhoods is the negative impact on property values. To evaluate how missing middle
housing affects property values and city tax revenue, the City is working with TranspoGroup to
analyze the differences in land values for various uses such as residential, mixed-use, multifamily,
or commercial developments. Using existing Snohomish County data, we can compare property
valuations to land use types as a prediction of how zoning changes could affect property values.
Nate Jones from Transpo Group gave a presentation on determining how the taxation values of
parcels change based on their zoning code.
Commissioner Questions & Comments
• This maps in the presentation analyze individual property value. Is there a correlation to
adding mixed use or multi-family zoning areas next to single family homes, and do the
values of the SFR’s increase or decrease? If so by what percentage? This is something
that staff and Transpo will look into as they continue to analyze the data.
• Is there a way to project (every 5 years) on how this data relates to the Comprehensive
Plan in 25 years? Once the permitted use matrix is done, we can run another analysis to
look at this topic as well.
10220 270th St NW, Stanwood, WA 98292 | 360-629-2181 | www.stanwoodwa.org

7.4

Planning Commission
Meeting Minutes
Monday, November 18, 2024 – 6:30 pm
Old Business:
Approval of Findings of Facts and Conclusions for the Unified Development Code
Structure and Permitting Procedures
At the October 14, 2024 Planning Commission meeting, the Commission held a public hearing on
the draft of the new Unified Development Code outline and permit procedures code. This code
amendment merges Title 17, Zoning with Title 16, Subdivisions into a new Title 18 to be referred
as the Unified Development Code (UDC). A UDC combines traditional zoning codes with
subdivisions, design standards, utility and engineering regulations into a single document to
provide a comprehensive set of development standards and to avoid overlapping regulations.
Staff discussed a few minor changes from the previous version the Planning Commissioners have
seen.
Commissioner Questions & Comments
• Is there an expedited process for reviews for an additional fee? That was not written into
this draft. The City does have a process to send out reviews to a consultant if staff has a
high workload. This allows staff to stay within the specified review timelines.
• Who verifies that the RCW’s listed are accurate? Our consultants and staff both verify
that the citations are correct.
• Did the City receive any comments from the Department of Commerce and their 60-day
review period? No, but the City did receive comments on Critical Areas that are reflected
in the staff report.
• Commissioner Wheatley motioned and Commissioner Warnat seconded Motion 1:
Findings of Fact; to Approve the Findings of Fact and Conclusions for the Unified
Development Code Ordinance 1543 as Presented on November 18, 2024. All
Commissioners were in favor.
• Commissioner Warnat motioned and Commissioner Wheatley seconded Motion 2: City
Council Recommendation; to Recommend Approval of the Unified Development and
Procedures Code Ordinance 1543 to the Stanwood City Council as Presented on
November 18, 2024. All Commissioners were in favor.
New Business:
Conceptual Approach for the Updated permitted Use Zoning Matrix
Work continues on the Municipal Code Update project by merging Title 16, Subdivisions and Title
17, Zoning into a new Title 18 titled Unified Development Code. A major component of a UDC
includes evaluating what uses should be allowed in each zone and the building site dimensional
standards. Prior to preparing the first draft of permitted use matrix and site dimensional standards,
it is important to identify key issues of importance to the community and state mandates that need
to be addressed. Responses to the following topics will set the foundation for the first draft. Staff
discussed how the permitted use matrix was restructured for ease of use.
Commissioner Questions & Comments
• The Commissioners would like to see examples what other Cities who have different
adjacent uses that are less savory (e.g., airports, prisons, etc.) and what they’re zoning
rules require.

10220 270th St NW, Stanwood, WA 98292 | 360-629-2181 | www.stanwoodwa.org

7.5

Planning Commission
Meeting Minutes
Monday, November 18, 2024 – 6:30 pm
•
•
•

The Commissioners would like to learn more about homeless housing since it will be
allowed in all zones.
Commissioners approve of the approach for the Updated Permitted Use Zoning Matrix.
Staff asked Commissioners to look over the matrix and let staff know what hot topics
they would like to have more information on.

Draft Subdivision Code Approach
Staff and the consultants are in the process of preparing the outline and approach for the land
division portion of Title 18, Unified Development Code. The land division portion of the UDC
covers the different ways land can be subdivided and alteration of lot lines can occur.
Commissioner Questions & Comments
• Commissioners would like to learn more on the new Accessory Dwelling Unit (ADU)
legislation, and how the rules will be applied to individual lots.
• Adult entertainment zones are required by the State. The City can’t disallow this use.
• If the City is meeting the Comprehensive Plan, some Commissioners would like to see
the lot sizes become larger not smaller than what they currently are. The City will be able
to meet the standard, so it is unlikely that the lot sizes will be mandated to be smaller.
• The majority of the remaining developable residential land is in the 9.6 zone, which the
minimum lot size is 9,600 square feet.
• Open space is a hot topic. Make open spaces more usable/interactive. Use detention
ponds with added urban trails, benches, and wildlife viewing for open space instead of
vaults. Or, if vaults are considered open space, require additional open space beyond
just the vault.
• Staff asked Commissioners to look over the Subdivision Code Approach and let staff know
what hot topics they would like to have more information on or add to the list.
Miscellaneous Business:
December Meeting Canceled
Recent Council Action on Commission Items:
• None
Upcoming Items:
• Staff is preparing the Critical Areas Code for a Public Hearing in January.
Adjourn: 8:14 p.m.

10220 270th St NW, Stanwood, WA 98292 | 360-629-2181 | www.stanwoodwa.org

7.6

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

7d

DATE:

January 23, 2025

SUBJECT:

Public Safety Committee Meeting Minutes

CONTACT PERSON:

Jason Toner, Police Chief

ATTACHMENTS:

A – Safety Committee Meeting Minutes 1/9/2025

SUMMARY STATEMENT
The minutes of the January 9, 2025, Public Safety Committee Meeting are attached to
this staff report for approval as presented.

7.7

ATTACHMENT A

Stanwood

Public Safety
Committee
Meeting Minutes
January 9, 2025
LOCATION: School Admin Bldg., 26920 Pioneer Hwy Stanwood WA
ATTENDANCE:
•

City Council Members – Tim Schmitt, Marcus Metz, and Robert Hicks

•

Stanwood Police – Chief Jason Toner

•

North County Regional Fire- Chief Jon Cermak

CALLED TO ORDER: Meeting Called to Order at 6:00 pm
DISCUSSION:

Fire Update:
Chief Cermak provided an update on another successful year for the Santa Run, which traversed
several neighborhoods in the Stanwood area. The event collected 3,604 pounds of food and $518
in monetary donations for the Stanwood-Camano Food Bank.
Additionally, North County Fire and EMS deployed four firefighters and a brush truck as part of
a Snohomish County task force to assist with firefighting efforts in the Los Angeles area. The
task force, which includes approximately 12 fire trucks and 45 firefighters from multiple
Snohomish County agencies, is expected to remain in Southern California for several weeks to
support efforts in combating the fires.
Chief Cermak also shared the positive news that there were no residential fires reported during
the recent holiday season.

7.8

Police Update:
Chief Toner addressed the rise in vehicle thefts during November and December, attributing to
the majority of these incidents to two juveniles who were recently arrested for possession of a
stolen vehicle. He highlighted the challenges posed by the juvenile justice system, noting that
one of the juveniles is believed to have stolen nearly 50 cars, been arrested multiple times, and
received minimal jail time.
The Chief also provided an update on the installation of the Flock Safety Cameras, which are
scheduled to be installed by the end of February. He assured the committee that policies and
procedures are in place to prevent misuse of the system.
Chief Toner discussed a meeting with representatives from the Stanwood-Camano Community
Center and the Stanwood-Camano Food Bank regarding the proposed establishment of a
"Homeless Resource Hub" in an office next to the food bank. The hub aims to provide homeless
individuals with access to social workers, support services, showers, and laundry facilities. The
resource hub will be open five days a week, staffed by at least two workers.
While expressing concerns about the potential for increased homelessness, loitering, and calls for
service in the area, Chief Toner acknowledged the representatives' assurance that the facility
would serve only homeless individuals from the Stanwood-Camano community. They also
emphasized their intention to be good neighbors to nearby businesses and residents.
Finally, Chief Toner shared a success story from the new Blue Bridge Alliance Program. Deputy
Kargopoltsev responded to a 911 call involving a child in need of hospitalization. The child's
mother had no gas in her vehicle and no means to pay for it. Through the Blue Bridge debit card
program, Deputy Kargopoltsev was able to provide $25 in gas money, ensuring the mother could
accompany her child to the hospital.
Adjourn: Meeting Adjourned at 6:35 pm

7.9

7.10

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

8a

DATE:

January 23, 2025

SUBJECT:

Approval of Voucher and Payroll Checks

CONTACT PERSON:

Amy Bergemeier, Accounting Specialist

ATTACHMENTS:

A - Voucher Check Detail 2024
B - Voucher Check Detail 2025

SUMMARY STATEMENT
Approve issuance of Washington Federal Bank voucher checks 39156 through 39197
and electronic fund transfers in the amount of $790,605.30 Approve issuance of
Washington Federal payroll electronic fund transfers in the amount of $411,558.34.
RECOMMENDED MOTION
MOTION TO APPROVE ISSUANCE OF WASHINGTON FEDERAL BANK VOUCHER
CHECKS 39156 THROUGH 39197 AND ELECTRONIC FUND TRANSFERS IN THE
AMOUNT OF $790,605.30. APPROVE ISSUANCE OF WASHINGTON FEDERAL
PAYROLL ELECTRONIC FUND TRANSFERS IN THE AMOUNT OF $411,558.34.

8.1

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8.6

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

8b

DATE:

January 23, 2025

SUBJECT:

City Council Meeting Minutes – January 9, 2025

CONTACT PERSON:

Lisa Sokolik, City Clerk

ATTACHMENTS:

A – Council Meeting Minutes

SUMMARY STATEMENT
The City Council meeting minutes for January 9, 2025, are attached to this staff report
for Council’s approval.
RECOMMENDED MOTION
“I MOVE TO APPROVE THE JANUARY 9, 2025, CITY COUNCIL MEETING
MINUTES AS PRESENTED”.

8.7

ATTACHMENT A

CITY OF STANWOOD

Regular Meeting of the City Council
January 9, 2025 | 7:00 p.m.
MINUTES
1. Call to Order and Pledge of Allegiance
Mayor Sid Roberts called the meeting to order at 7:00 p.m. Councilmember Schmitt led the
Pledge of Allegiance.
2. Roll Call
City Clerk Lisa Sokolik called the roll with the following Councilmembers Present:
Dani Gaumond, Marcus Metz, Darren Robb, Robert Hicks, Steve Shepro, Andreena
Bergman, and Tim Schmitt. The meeting was quorate.
Also present: City Administrator Shawn Smith, Community Development Director Patricia
Love, Public Works Director Kevin Hushagen, City Attorney Nikki Thompson, Police Chief
Jason Toner, Police Sgt. Kore Oyetuga, Police Sgt. Karl Gilje, Fire Chief John Cermak, City
Engineer Alan Lytton, Building Official Scott Black, and City Clerk Lisa Sokolik. Utility
Supervisor Leigh Danielson attended via Zoom.
3. Approval of the Agenda
Motion by Councilmember Metz, second by Councilmember Shepro to approve the agenda as
published. Motion carried unanimously.
4. Presentations
No presentations.
5. Public Comment
No public comments.
6. Staff / Department Report
Annual Small Works Roster Project Report
7. Council Committee Reports
Parks and Trials Advisory Committee Meeting Minutes – October 21, 2024
8. Consent Agenda
a. Approve Vouchers and Payroll Checks.
b. Approve City Council Regular Meeting Minutes – December 12, 2024.
c. Approve Second Utility Account Adjustment.
d. Approve Economic Development Board Appointment Natalie Hagglund.
Motion by Councilmember Gaumond, second by Councilmember Metz to approve consent agenda
items A. approval of vouchers and payroll checks, B. approve City Council Regular meeting minutes
for December 12, 2024, C. approve a second utility bill adjustment, and D. approve Economic
Development Board appointment Natalie Hagglund. Motion carried unanimously.
Stanwood City Council Meeting
January 9, 2025
Page 1 of 3

8.8

9. Unfinished Business
No unfinished business on agenda.
10. Public Hearing
Six Year Transportation Improvement Plan 2026-2031
Before the public hearing was opened, an announcement was made inviting the public to fill
out the Title VI Public Involvement form. No forms were returned.
Mayor Roberts opened the public hearing at 7:07 pm. With no public testimony, the Mayor
closed the public hearing at 7:08 pm.
Motion by Councilmember Bergman, second by Councilmember Hicks to adopt Resolution 2025-01
the City of Stanwood’s Six-Year Transportation Improvement Plan 2026-2031.
Motion carried unanimously.
11. New Business
a. Elect Mayor Pro Tem
Motion by Councilmember Schmitt to appoint Councilmember Robb as Mayor Pro Tempore to serve
a one-year term in 2025. Motion carried unanimously.
b. Set the 2025 City Council Meeting Calendar.
Motion by Councilmember Metz, second by Councilmember Shepro to approve and set the 2025
City Council Meeting Calendar as presented and to publish all dates on the city website.
Motion carried unanimously.
c. Approve the First Reading of Ordinance 1545 SMC Title 14, Building and Fire Codes
Update.
Black said the state has postponed adopting the Wildland Urban Interface (WUI) Code as
they have not received current mapping from DNR. The removal of the WUI will align the city
code with the state adopted codes and once the new mapping is produced, and is adopted
at the state level, the UWI can be reintroduced into the city’s code.
Motion by Councilmember Metz, second by Councilmember Hicks to approve the first reading of
Ordinance 1545 as set forth in Exhibit A, as attached, amending Title 14 of the Stanwood Municipal
Code, Uniform Codes, and proceed with the second reading and final reading.
Motion carried unanimously.
12. Public Closing Comments
No closing comments.
13. Executive/Legislative Reports
a. Mayor’s Report
b. City Administrator Report
c. Councilmember’s Report/Questions
Stanwood City Council Meeting
January 9, 2025
Page 2 of 3

8.9

14. Recess to Executive Session
No executive session scheduled for this meeting.
15. Adjourn
There being no further business before the Council, and hearing no objection to adjournment,
Mayor Roberts adjourned the meeting at 7:30 p.m.
CITY OF STANWOOD

ATTEST:

Sid Roberts, Mayor

Lisa Sokolik, City Clerk

Stanwood City Council Meeting
January 9, 2025
Page 3 of 3

8.10

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

8c

DATE:

January 23, 2025

SUBJECT:

Building and Fire Code Updates

CONTACT PERSON:

Patricia Love, Community Development Director
Scott Black, Building Official

ATTACHMENT:

A – Amendment to the Building Code

PURPOSE
The purpose of this agenda item is for Council’s second reading of Ordinance 1545 to
repeal section 14.04.010 adoption of international codes #9 International Wildland Urban
Interface Code of the Stanwood Municipal Code that was not adopted by the State.
BACKGROUND
The Council adopted Ordinance 1518 on February 22, 2024. At that time chapter
14.04.010(9), Wildland Urban Interface Code (WUI) was incorporated into the code, as
we adopted our code prior to the effective date of adoption by the state.
During the code adoption process at the state level, it was decided that the state would
postpone the adoption of the WUI for 1 ½ years to allow for Department of Natural
Resources (DNR) to have the time necessary to provide more comprehensive statewide
mapping.
ANALYSIS
The City of Stanwood adopted the WUI in preparation for the adoption at the State level,
this adoption has been postponed. The removal of the WUI aligns with the state adopted
codes and once the new mapping is produced, and is adopted at the state level, the UWI
can be reintroduced into the code.

8.11

For your reference, the section to be deleted is shown below:
14.04.010
(9)

Adoption of International Codes
International Wildland Interface Code, published by the International Code
Council, 2021 Edition, together with Washington State amendments as set
forth in Chapter 51-55 WAC, is hereby adopted, except that:
(a) Section 106 is amended to add the following:
(i) 106.3 Work exempt from permit.
#1 One-story detached accessory structures used as tool
and storage sheds, playhouses, and similar uses, provided
that the floor area is not greater than 200 square feet.
#2Fences not over 7’ (1829mm) high.
(b) Section 113.1, Appeals, is amended. All appeals must follow the
process established in SMC 14.04.020.

RECOMMENDATIONS
Staff Recommendation:
The Council accept the second and final reading of Ordinance 1545 amending Title
14 of the Uniform Codes, specifically section 14.04.010(9) until the new maps are
prepared and adopted by the State.
CITY COUNCIL OPTIONS
1. Accept the second and final reading of Ordinance 1545 amending Chapter 14 the
Uniform Code.
2. Request changes to the Ordinance and direct staff to address specific Council issues

or concerns prior to Council reconsideration the ordinance.

PROPOSED MOTION
“I MOVE TO APPROVE THE SECOND AND FINAL READING OF ORDINANCE 1545
AS SET FORTH IN EXHIBIT A.”

8.12

ATTACHMENT A
CITY OF STANWOOD
WASHINGTON
ORDINANCE NO.1545
AN ORDINANCE OF THE CITY OF STANWOOD, WASHINGTON, AMENDING
STANWOOD MUNICIPAL CODE CHAPTER 14.04.010, UNIFORM CODES, TO
REPEAL THE WILDLAND URBAN INTERFACE REGULATIONS AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the city adopted Ordinance 1518 on February 22, 2024, updating the
Municipal Code as it relates to the Uniform Building and Fire Codes; and
WHEREAS, section 14.04.010(9) adopts the International Wildland Urban
Interface Code as published with the International Code Council and Washington State
Amendments;
WHEREAS, Washington State has not mandated the IWUIC statewide but has
implemented significant wildfire mitigation policies; and
WHEREAS Washington State has directed the Department of Natural Resources
(DNR) to map the Wildland-Urban Interface (WUI) as part of wildfire risk mitigation efforts;
and
WHEREAS, the mapping effort is intended to help identify areas where urban
development overlaps with wildfire-prone vegetation; and
WHEREAS, DNR is actively working on updating the Wildland Urban Interface
maps; and
WHEREAS, the Washington State Building Code Council (SBCC), delayed the
implementation of the WUI for at least one and a half years to finalize the maps; and
WHEREAS, the City of Stanwood adopted the WUI prior to the SBCC delaying the
implementation of the WUI code; and
WHEREAS, the Community Development Department is not currently enforcing
the WUI due to the needed map changes; and
WHEREAS, the proposed code amendment is not a “development regulation” as
defined as RCW 36.70A.030(7) and is therefore exempt from State of Washington
Department of Commerce noticing requirements; and
WHEREAS, the Responsible Official has determined that the adoption of building
codes is exempt from the State Environmental Policy Act (SEPA) under administrative
actions containing no substantive standards respecting use or modification of the
environment per WAC 197-11-800(19), Procedural Actions; and

page 1 of 2

8.13

WHEREAS, the City Council of Stanwood has authority under Title 35A, RCW to
adopt regulations related to operations within the City of Stanwood; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANWOOD,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Code Revisions. Stanwood Municipal Code Section 14.04.010(9), Wildland
Urban Interface Code, is repealed in its entirety.
Section 2. Effective Date. This Ordinance shall take effect five days after its passage and
publication as required by law.
PASSED and APPROVED this 23rd day of January 2025.

CITY OF STANWOOD:

________________________________
Sid Roberts, Mayor
Attest:
________________________________
Lisa Sokolik, City Clerk
Approved as to Form:
________________________________
Nikki Thompson, City Attorney
Date of Publication: 1/28/2025
Effective Date:

2/2/2025

page 2 of 2

8.14

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

8d

DATE:

January 23, 2025

SUBJECT:

Authorize the Mayor to sign Intergovernmental Services
Agreement (IGSA) with Snohomish County for traffic control
device and street light maintenance.

CONTACT PERSON: Alan Lytton, City Engineer
ATTACHMENTS:

A) Intergovernmental agreement (IGSA)

ISSUE
The issue in front of the Council is to authorize Mayor Roberts to sign an interlocal
agreement with Snohomish County for traffic signal, flashing crosswalk, beacon and
street lighting maintenance.
SUMMARY STATEMENT
The purpose and intent of this Agreement is for the County and the City to work
together efficiently and effectively to maintain, design and construct traffic control
devices and street lights on City streets. This Agreement establishes the County as the
entity responsible for all aspects of the maintenance and operation of the traffic and
street lighting as listed in Exhibit B of the ILA. The City shall cooperate with the County
to the extent reasonably necessary for accomplishing the work.
DISCUSSION
The City owns and is responsible for the traffic signals on 72nd Avenue. Since the City
has neither the equipment nor expertise to maintain these lights, the County has been
performing this maintenance. For the County to continue to perform this maintenance, it
has been added to the new agreement. The agreement allows for the County to perform
maintenance and repairs to the lights and invoice the City for work perfomred. It also
allows for City staff to have a point of contact should a problem arise that needs
attention. This does not include traffic lighting on SR532 as those are owned and
maintained by WSDOT.
FINANCIAL IMPACT
The cost for any work completed through this IGSA will be paid out of Fund 101, and
the current 2025-2026 budget is considered sufficient to support the agreement.

8.15

COMMITTEE RECOMMENDATIONS
This has not been to the Public Works Committee.
COUNCIL OPTIONS
1) Authorize the Mayor to sign an intergovernmental with Snohomish County for
maintenance and repair of the traffic lighting.
2) Do not authorize the Mayor to sign an intergovernmental and send to public
works committee. This option leaves the City without readily available repair and
maintenance on the lighting until another option is decided.
3) Do not authorize the Mayor to sign the intergovernmental and direct staff to look
for another organization/company that may be able to complete the maintenance
and repair work. This option leaves the City without readily available repair and
maintenance on the lighting.
RECOMMENDED MOTION
“I MOVE TO AUTHORIZE THE MAYOR TO SIGN AN INTERGOVERNMENTAL
AGREEMENT WITH SNOHOMISH COUNTY FOR TRAFFIC SIGNAL, FLASHING
CROSSWALK, BEACON AND STREET LIGHT MAINTENANCE.”

8.16

ATTACHMENT A

INTERGOVERNMENTAL SERVICES AGREEMENT BETWEEN
SNOHOMISH COUNTY AND THE CITY OF STANWOOD FOR TRAFFIC
CONTROL DEVICE AND STREET LIGHT MAINTENANCE
THIS INTERGOVERNMENTAL SERVICES AGREEMENT, hereinafter referred to as the
“Agreement”, is made and entered into this as of the date of the last party to sign, by and between
Snohomish County, a political subdivision of the State of Washington, hereinafter referred to as
"County" and the City of Stanwood, a municipal corporation of the State of Washington,
hereinafter referred to as "City" for the purpose of providing traffic signal, flashing crosswalk,
beacon, radar speed sign, and street light maintenance services.

RECITALS
A.

The City desires to enter into a Agreement whereby the County will perform traffic control
device and street light maintenance services within the boundaries of the City.

B.

The County is agreeable to providing these services under the terms and conditions contained
in this Agreement.

C.

The services provided under this Agreement are an extension of the City’s authority to
perform public work in accordance with RCW 35.22.620 and RCW 35.77.020 through .040.

D.

This Agreement is entered into under SCC 3.04.140 and RCW 35.77.020 through .040.

NOW, THEREFORE, in consideration of the respective agreements set forth below and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and the City agree as follows:
1.

Purpose of Agreement.
The purpose of this Agreement is for the County to memorialize the terms by which the
County will provide the City with Traffic Control Device and Street Light Maintenace
services and the City will pay the County for thise services.

2.

Administrators.
Each party to this Agreement shall designate an individual (an “Administrator”), who may
be designated by title or position, to oversee and administer such party’s participation in
this Agreement. Either party may change its Administrator at any time by delivering
written notice of such party’s new Administrator to the other party. The parties’ initial
Administrators shall be the following individuals:

8.17

County
Mohammad Uddin, PE
County Traffic Engineer
Snohomish County
3000 Rockefeller Ave., M/S 607
Everett, Washington 98201
3.

City
Alan Lytton, PE
City Engineer
City of Stanwood
10220 270th Street NW
Stanwood,Washington 98292

Scope of Services.
A. For the purposes of this Agreement, “Traffic Control Devices” are all existing and
future electrically powered traffic signals, pedestrian crossing beacons, radar speed
signs, and school zone flashing beacons that are located within the City’s municipal
boundaries and for which the City is responsible for maintaining at the locations
identified in Exhibit B of this Agreement, attached hereto and incorporated herein by
this reference.
B. For the purposes of this Agreement, “Street Lights” refers to those street lights, trail
lights, and pedestrian lights for which the City is responsible for maintaining.
C. For the purpose of this Agreement, “Traffic Control Device Maintenance Services”
and “Street Light Maintenance Services,” referred to collectively as the “Services,”
shall be as described and defined in Exhibit A, attached and incorporated by reference
into this Agreement, to the extent such Services are not subject to mandatory
competitive bidding, as determined by either the County or the City in accordance
with applicable state statutes.
D. For the purpose of this Agreement, “General Materials” shall be limited to those
materials that are not required to be purchased through competitive bidding, as
determined by the County in accordance with applicable law, are used in conjunction
with the Services, and where the County has included the cost of those materials in
the yearly budget for the year in which the materials are purchased.
E. For the purpose of this Agreement, “Other Materials” shall be limited to those
materials that are not General Materials, are required in conjunction with work being
completed on a Work Order Request pursuant to Section 5 of the Agreement and are
not required to be purchased through competitive bidding, as determined by the
County in accordance with applicable law; PROVIDED, that the City, by May 31st of
each year, shall provide the County a preliminary list and cost estimate of all the
Other Materials that the City wants the County to purchase the following calendar
year. The City, by September 1st of each year, shall provide the County a final list

8.18

and cost estimate of all the Other Materials. The County reserves the right to accept
or reject the purchase of Other Materials requested by the City.
F. The County agrees to perform the Services for the City, and when approved by the
County, additional services for limited traffic control device, street lighting
engineering and construction, or other work not specifically set out in Exhibit A, as
requested by Work Order Request provided in Section 5, subject to the availability of
sufficient personnel, equipment, and materials to perform the requested additional
services without disrupting the normal operation and functions of the County.
G. The Administrators identified in Section 2 above are authorized to act on behalf of the
County and City respectively, and shall develop working procedures associated with
this Agreement.
H. Nothing herein contained shall be construed as in any way divesting the City of any
of its powers with respect to the supervision, management, and control of streets
within its boundaries.
I. The County shall not assume, nor does the City expect the County to gain, any greater
responsibility and/or liability than it would normally have imposed upon it by law for
the performance of services generally for the citizens of unincorporated Snohomish
County.
J. The County shall act as an independent contractor under this Agreement. Control,
supervision, direction, and discipline of County personnel, who shall be employees
and agents of the County and not the City, shall be the responsibility of the County.
The County has the express right to direct and control the County’s activities in
providing the Services in accordance with the specifications set out in this
Agreement. The City shall only have the right to inspect, accept, or reject the
completed work.
4.

Performance of Services and Work Order Requests.
A. For the purpose of performing Services or Work Order Requests under this
Agreement, the County shall furnish and supply all necessary labor, supervision,
machinery, equipment, materials, and supplies, when requested, except to the extent
machinery, equipment, and/or materials are supplied by the City as agreed to by the
County in writing. In addition, the County may perform material sampling and
equipment testing. Both parties agree that they and their officers and agents shall
cooperate in the performance of the Services and that the County shall have full
authority, possession, and necessary control of the work and work area, and with the

8.19

full assistance from the police of the City to assist in traffic control for safety
purposes when requested by the County prior to the start of any work.
B. For the purpose of facilitating the performance of the Services and Work Order
Requests under this Agreement, it is hereby agreed that the City, upon reasonable
request in writing by the County or its duly authorized representative, and at no cost
to the County, shall temporarily close any streets, or portions thereof, that the County,
in its sole discretion, finds necessary to be closed before any work is commenced
thereon. The City will be responsible for furnishing the materials and labor needed to
temporarily close any street or streets while Services are being performed unless
otherwise agreed by the County.
C. The Services and Work Order Requests provided by the County under this Agreement
shall be pursued with care and diligence to County standards. The County will make
efforts to accommodate pertinent schedules of the City. The County shall notify the
City in writing of any hardship or other inability to perform under this Agreement,
including delaying the performance of Services under this Agreement when the
normal workload of County personnel so requires.
D. The County shall serve as the lead agency for the Services.
5.

Work Order Requests.
No Work Order Request is necessary for the Services set out in Exhibit A, which services
will be performed on a regularly scheduled or emergency basis. Requests for limited
traffic control device and street light engineering and construction and other work not
specifically set out in Exhibit A shall be processed through Work Order Requests in
accordance with the following:
A. If the City desires that the County perform services other than the Services
specifically listed in Exhibit A, then the City shall direct a Work Order Request to the
County Administrator. These Work Orders Requests shall adequately describe the
scope of the work to be performed and indicate a desired completion date. The
County may require the City to prepare a road plan and profile or sketches to
adequately describe the scope, intent, and detail of the work.
B. Upon receipt of a Work Order Request, the County shall review the services
requested therein. The County, in its sole discretion, may agree to accept or reject the
Work Order Request. Should the County reject the Work Order Request, it shall
advise the City to that effect. Should the County accept the Work Order Request, it
shall (1) advise the City of such, and (2) prepare an estimate of the time and costs to
complete the work, which it will provide to the City. The estimate is non-binding and

8.20

does not constitute a bid or contract maximum, and the City shall remain liable for the
entire actual cost as described in Section 6 below.
C. Upon receipt of the approval of the Work Order Request and estimate, the City may
either issue a written Notice to Proceed which authorizes the County to perform the
requested work or a written notice rejecting the County’s estimate. The issuance of a
Notice to Proceed shall constitute a representation by the City that the schedule of
charges and basis of payment are acceptable, and sufficient funds are appropriated to
pay for the work. The issuance of a rejection by the City shall relieve the County of
all obligations to perform any work identified in the Work Order Request. If no
written Notice to Proceed is received by the County from the City within twenty-one
(21) days from the date of the County’s response approving the Work Order Request
and estimate, then the County will treat the Work Order Request and estimate as if
they had been rejected.
D. The City may make changes to the requested services under the Work Order Request
by submitting a new Work Order Request outlining in detail the desired changes to
the services. The County may, in its sole discretion, accept or reject the new Work
Order Request, PROVIDED that the County’s acceptance is not required where the
City is terminating work pursuant to Section 14 below. The City shall be liable for all
increases in cost, if any, which may be incurred by changes to the services, including
but not limited to clean-up and any non-cancelable costs.
E. After issuance of a Notice to Proceed, the County shall provide the City with written
notification of any changes to the Work Order Request required by the County when
such changes will substantially alter the nature of the services or the estimate. The
County shall obtain the City’s written approval to any such changes before
implementing them.
6.

Basis of Payment.
A. Unless otherwise provided in this Agreement, the City shall pay to the County
Treasurer, for work performed within the scope of this Agreement, the entire cost
incurred by the County for performing such work including: salaries, wages, and
benefits of all employees engaged therein; costs of clerical work and travel expenses
incurred in the performance of the work, including mileage of employees; prorated
departmental overhead; office supplies; materials; all other costs and incidental
expenses; and depreciation on machinery and equipment. The County agrees that
only those costs directly allocable to the work under generally accepted accounting
principles will be charged to the City. In computing the cost of the use of machinery
and equipment, the full cost to the County of rental machinery and equipment, any

8.21

operator furnished therewithin, and the County equipment rental rate on Countyowned machinery and equipment shall be included.
B. The County shall be reimbursed in full by the City for work provided by the County
in accordance with the schedule of estimated costs set forth in Exhibit C incorporated
herein, or as otherwise incurred in connection with approved Work Order Requests.
The estimated costs set forth in Exhibit C are as of the effective date of this
Agreement. Estimated costs may be adjusted annually to reflect current labor,
material, and equipment costs. The County shall document all costs for labor,
materials, and equipment with its billing to the City. The County agrees that only
those costs directly allocable to work under accepted accounting procedures will be
charged.
C. The County shall be reimbursed in full by the City for General Materials purchased
by the County that are used in conjunction with the Services. The County shall also
be reimbursed in full by the City for Other Materials purchased by the County that are
used in conjunction with Work Order RFequests approved by the City.
D. For the purpose of determining the compensation to be paid by the City to the County
for the work rendered, it is hereby agreed that there shall be included in each billing,
to cover administrative costs, an amount not to exceed the County administrative rate.
This rate is currently set at 20% of the total labor cost incurred by the County in
performing services for the City during any given billing period under this
Agreement. This rate may be adjusted administratively by the County annually to
reflect changes in actual administrative costs, and such adjustment shall not be
subject to the amendment process as indicated in Section 15 of this Agreement. The
County shall notify the City of any change to the rate.
E. The City shall remain liable for complete and timely payment of all amounts
invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is
mutually convenient to the parties. The County shall include in each invoice
documentation of all costs incurred for labor, materials and equipment. Unless the
City delivers written notice to the County disputing the amount of a particular
invoice, the City agrees to make payment on billings submitted by the County within
thirty (30) days following receipt by the City of said billing.
7.

Records.
The County shall maintain accurate time and accounting records related to performing
Services under this Agreement in the same manner as prescribed for normal County road
projects. Such records shall be available for inspection in the County Department of
Public Works for a period of six (6) years following final payment of billings for such
project. The City shall have the right to inspect, review, and copy such records at all
times with reasonable notice to the County.

8.22

8.

Facilities To Be Provided By The City.
A. The City certifies to the County that the City owns or controls the real property or
rights-of-way upon which the work shall be rendered, and additional real property or
rights-of-way are not needed to complete the Services. The City further grants to the
County, for the purpose of performing work pursuant to this Agreement, permission
and right-of-entry on, over, under, above, and through real property owned by the
City and those City rights-of-way and WSDOT rights-of-way that the City is
responsible for maintaining that are necessary or convenient for the County to access
in performing the Services.
B. At least thirty (30) days prior to the delivery of any requested work, the City shall
obtain and provide to the County copies of all necessary permits..
C. All electrical power billings for the operation of the traffic control devices and street
lighting systems will be paid by the City.

9.

Indemnification/Hold Harmless.
A. The County agrees to indemnify, protect, defend, and hold harmless the City, its
elected and appointed officials, employees and agents from and against all claims,
demands, and causes of action of any kind or character, including any cost of defense
and attorney’s fees, arising out of any actions, errors, or omissions of the County, its
officials, employees, and agents in performing this Agreement, to the extent the same
are caused by any negligent or wrongful act of the County, except for those arising
out of the sole negligence of the City.
B. The City agrees to indemnify, protect, defend, and hold harmless the County, its
elected and appointed officials, employees and agents, from and against all claims,
demands, and causes of action of any kind or character, including any cost of defense
and attorney’s fees, arising out of any actions, errors, or omissions of the City, its
officials, employees and agents in performing this Agreement, to the extent the same
are caused by any negligent or wrongful act of the City, except for those arising out
of the sole negligence of the County.
C. Waiver of Immunity Under Industrial Insurance Act. The indemnification provisions
of Sections 9 A and B above are specifically intended to constitute a waiver of each
party’s immunity under Washington’s Industrial Insurance Act, Title 51 RCW, as
respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the

8.23

indemnitor’s employees. The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
D. Survival. The provisions of this Section 9 shall survive the expiration or earlier
termination of this Agreement.
10.

Insurance.
Each party shall maintain its own insurance and/or self-insurance for its liabilities from
damage to property and/or injuries to persons arising out of its activities associated with
this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or
lack thereof, insurance and/or self-insurance shall not limit the liability of the
indemnifying part to the indemnified party(s).

11.

Compliance with Laws.
In the performance of its obligations under this Agreement, each party shall comply with
all applicable federal, state, and local laws, rules and regulations.

12.

Default and Remedies.
A. Default. If either the County or the City fails to perform any act or obligation
required to be performed by it hereunder, the other party shall deliver written notice
of such failure to the non-performing party. The non-performing party shall have
thirty (30) days after its receipt of such notice in which to correct its failure to
perform the act or obligation at issue, after which time it shall be in default
(“Default”) under this Agreement; provided, however, that if the non-performance is
of a type that could not reasonably be cured within said thirty (30) day period, then
the non-performing party shall not be in Default if it commences cure within said
thirty (30) day period and thereafter diligently pursues cure to completion.
B. Remedies. In the event of a party’s Default under this Agreement, then after giving
notice and an opportunity to cure pursuant to Section 12.A. above, the non-Defaulting
party shall have the right to exercise any or all rights and remedies available to it in
law or equity.

13.

Effective Date and Duration.
A. Effective Date. This Agreement, and any amendment there to, shall take effect upon
mutual execution.
B. Duration. This Agreement shall remain in effect for an initial period of six years or
until either amended as provided in Section 15 or terminated as provided in Section
14;PROVIDED, that the term of this Agreement may be extended or renewed for up

8.24

to two (2) additional six (6) year terms pursuant to Section 15 of this Agreemen;
PROVIDED FURTHER, that each party’s obligations after December 31st of the
year in which this Agreement is approved and becomes effective, are contingent upon
local legislative appropriation of necessary funds for this specific purpose in
accordance with applicable laws.
14.

Termination.
Termination of this Agreement by either party is subject to the following:
A. Either party may terminate this Agreement at any time, with or without cause, upon
no less than thirty (30) days’ written notice to the other party.
B. This Agreement is contingent upon governmental funding and local legislative
appropriations. In the event that funding from any source is withdrawn, reduced,
limited, or not appropriated by either party’s legislative authority after the Effective
Date of this Agreement, this Agreement may be terminated by either party
immediately upon notice to the other party.
C. Upon termination of this Agreement by either party as provided in this section:

15.

i.

The County shall notify the City within thirty (30) days of termination of all
remaining costs for any equipment purchased by the County that is proprietary
to the City’s traffic control device or streetlight systems that has not been paid
for by the City, as well as the costs of any and all non-cancelable obligations
and/or purchases.

ii.

The City shall pay the County for all work performed up to the Effective Date
of termination, the cost of any equipment purchased by the County that is
proprietary to the City’s traffic control device or streetlight systems that have
not been paid for by the City, as well as the costs of any and all noncancelable obligations and/or purchases. No payment shall be made by the
City for any expense incurred or work done following the Effective Date of
termination unless authorized in writing by the City.

iii.

The County shall return to the City within ninety (90) days of termination all
equipment that has been paid for by the City.

Amendments.
This Agreement may be amended at any time by written Agreement of the parties if
executed with the same formalities as this Agreement; PROVIDED, that the extension of

8.25

this Agreement for the two 6 year additional terms pursuant to section 13.B shall be
approved administratively in writing by the Administrators of each party; PROVIDED
FURTHER, that the addition or deletion of traffic control devices and street lights may be
made without amendment of this Agreement.
16.

Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding the
subject matter hereof, and supersedes any and all prior oral or written agreements
between the parties regarding the subject matter contained herein. This Agreement may
not be modified or amended in any manner except by a written document executed with
the same formalities as required for this Agreement and signed by the party against whom
such modification is sought to be enforced.

17.

Dispute Resolution.
In the event differences between the parties should arise over the terms and conditions or
the performance of this Agreement, the parties shall use their best efforts to resolve those
differences on an informal basis. If those differences cannot be resolved informally, the
matter shall be referred for mediation to a mediator mutually selected by the parties. If
mediation is not successful, either of the parties may institute legal action for specific
performance of this Agreement or for damages.

18.

Data Collection.
A. The County and City agree to the mutual exchange of historical, current and future
traffic data as it exists or becomes available through traffic programs and/or projects.
B. For the convenience of the County, City, and the general public, the County may post
some or all of the traffic data provided by the City on the County website along with
the standard disclaimer.
C. Any request for traffic data other than historical, scheduled collections or traffic
control device related information (unless otherwise agreed upon) shall be processed
through a Work Order Request, under Section 5 of this Agreement. The appropriate
fees will be charged to the requestor requiring the special collection effort.

19.

Choice of Law and Venue.
The laws of the state of Washington shall apply to the construction and enforcement of
this Agreement. Any action at law, suit in equity, or judicial proceedings to enforce this

8.26

Agreement or any provision included in this Agreement shall be in the Superior Court of
Snohomish County, Everett, Washington.
20.

Severability.
Should any clause, phrase, sentence, or paragraph of this Agreement be declared invalid
or void, the remaining provisions of this Agreement shall remain in full force and effect.

21.

Written Notices.
All notices required to be given by any party to the other party under this Agreement
shall be in writing and shall be delivered either in person, by United States mail, or by
electronic mail (email) to the applicable Administrator or the Administrator’s designee.
Notice delivered in person shall be deemed given when accepted by the recipient. Notice
by United States mail shall be deemed given as of the date the same is deposited in the
United States mail, postage prepaid, and addressed to the Administrator, or their
designee, at the addresses set forth in Section 2 of this Agreement. Notice delivered by
email shall be deemed given as of the date and time received by the recipient.

22.

Conflicts between Attachments and Text.
Should any conflicts exist between any attached exhibit or schedule and the text or main
body of this Agreement, the text or main body of this Agreement shall prevail.

23.

Interpretation.
This Agreement and each of the terms and provisions of it are deemed to have been
explicitly negotiated by the parties, and the language in all parts of this Agreement shall,
in all cases, be construed according to its fair meaning and not strictly for or against
either of the parties hereto. The captions and headings in this Agreement are used only
for convenience and are not intended to affect the interpretation of the provisions of this
Agreement. This Agreement shall be construed so that wherever applicable the use of the
singular number shall include the plural number, and vice versa, and the use of any
gender shall be applicable to all genders.

24.

No Waiver.
A party’s forbearance or delay in exercising any right or remedy with respect to a Default
by the other party under this Agreement shall not constitute a waiver of the Default at

8.27

issue. Nor shall a waiver by either party of any particular Default constitute a waiver of
any other Default or any similar future Default.
25.

No Assignment.
This Agreement shall not be assigned, either in whole or in part, by either party without
the express written consent of the other party, which may be granted or withheld in such
party’s sole discretion. Any attempt to assign this Agreement in violation of the
preceding sentence shall be null and void and shall constitute a Default under this
Agreement.

26.

Warranty of Authority.
Each of the signatories hereto warrants and represents that he or she is competent and
authorized to enter into this Agreement on behalf of the party for whom he or she
purports to sign this Agreement.

27.

No Joint Venture.
Nothing contained in this Agreement shall be construed as creating any type or manner of
partnership, joint venture or other joint enterprise between the parties.

28.

Ownership of Property.
Except as expressly provided to the contrary in this Agreement, any real or personal
property used or acquired by either party in connection with its performance under this
Agreement will remain the sole property of such party, and the other party shall have no
interest therein.

29.

No Third Party Beneficiaries.
This Agreement and each and every provision hereof is for the sole benefit of the City
and the County. No other persons or parties shall be deemed to have any rights in, under
or to this Agreement.

30.

No Separate Entity Necessary.
The parties agree that no separate legal or administrative entities are necessary to carry
out this Agreement.

8.28

8.29

IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the
last date indicated below.
“County”
SNOHOMISH COUNTY

“City”
CITY OF STANWOOD

By:

By:

County Executive

Mayor

/S/ George B Marsh 1/7/2025

Deputy Prosecuting Attorney

City Attorney

8.30

EXHIBIT A
TRAFFIC CONTROL DEVICE MAINTENANCE SERVICES
Traffic Signal Maintenance Services covered by this Agreement consist of the following
Services for the traffic signals listed in Exhibit B of this Agreement:
Routine Maintenance - This is a monthly activity that includes inspection of the traffic
signal cabinet/controller/program; a visual inspection of the display system; and a check
of pedestrian push buttons, emergency pre-emption, and detection systems. Furthermore,
appropriate records will be maintained in the controller cabinet and in the office file.
Approximately one hour per month per signal will be spent on routine maintenance.
Re-lamp – Traffic signal indicators will be replaced as needed. It is estimated that
approximately three hours per intersection will be spent on this activity.
On-Call Emergency Response - This service provides 24 hour emergency response for
malfunctions or damage. For estimating purposes, it is assumed that each signal will
have two emergencies per year. There is a minimum of three hours of labor per call-out.
This does not include any additional materials, equipment charges, or labor costs
associated with extraordinary circumstances such as weather-related problems, knockdowns, and acts of Nature that may result in significant equipment damage or destruction.
Materials - Miscellaneous supplies and materials for both routine and on-call
maintenance. This does not include replacement of major components of a traffic signal.
STREET LIGHT MAINTENANCE SERVICES
Street Light Maintenance Services covered by this Agreement consist of the following
services for the street lights described in Exhibit B of this Agreement:
Routine Maintenance - Yearly re-lamping activity that includes the replacement of a
percentage of the total number of lamps consistent with the manufactures estimated lamp
service life. For estimating purposes, it is assumed that the County will replace 50 lamps
each year.
Damage Repair - This service includes rewiring and other electrical work done to
damaged street lighting. City forces will perform all other associated repair work.
Materials - The County will supply street lighting lamps and miscellaneous components
not supplied by the City.

8.31

EXHIBIT B
CITY OF STANWOOD
TRAFFIC SIGNAL INVENTORY
No.
1.
2.

North/South Street
72nd Ave NW
Pioneer Highway

East/West Street
265th St NW
267th PL NW

FLASHING CROSSWALK INVENTORY
No.
Located On
Intersection
The County is currently not maintaining any Flashing
Crosswalk Beacons as of the effective date of this
Agreement.

SCHOOL ZONE FLASHING BEACON INVENTORY
Number of School Zone Flashing Beacons
The County is currently not maintaining any
School Zone Flashing Beacons as of the
effective date of this Agreement.

STREET LIGHTING INVENTORY
Location
Intersection of 72nd Ave W
and 265th St NW

Number of Street Lights
3

8.32

EXHIBIT C
The County will The estimated costs below include the 20% administration charge
identified in Section 6.D of this Agreement. The total estimated annual costs below do not
include the cost of work performed by County personnel in response to Work Orders issued
upon request by the City in accordance with Section 5 of this Agreement. Costs are
estimated as of the effective date of this Agreement and are adjusted annually to reflect
current labor and material charge and will be billed on an actual time and materials basis.
Table 1: Estimated Cost For Traffic Signal Maintenance Services
Item
Routine
Maintenance
Annual Relamp
On-Call Emergency
Maintenance
General Materials

Cost Per Intersection

No. of
Locations

Total
Cost

12 hours @ $108/hr = $1,296

2

$2,592

3 hours @ $108/hr = $324

2

$648

6 hours @ $108/hr = $648

2

$1,296

$500

2

$1,000

Total Estimated Annual Traffic Signal Maintenance Service Costs

$5,536

Table 2: Estimated Cost For Crosswalk Maintenance Services
Item

Cost Per Location

Routine
Maintenance

No. of
Locations

Total
Cost

8 hours @ $108/hr = $864

2

$1,728

Annual Relamp

3 hours @ $108/hr = $324

2

$648

On-Call Emergency
Maintenance

6 hours @ $108/hr = $648

2

$1,296

$500

2

$1,000

General Materials

Total Estimated Annual Pedestrian Crossing Beacon Service Costs

$4,672

8.33

Table 3: Estimated Street Light Maintenance Services Cost
Item

Hourly Rate

Hours

Total Cost

Routine Maintenance

$108

12

$1,296

Damage Repair

$108

20

$2,160

General Materials

$1,000

Reserve Contingency

$3,000

Total Estimated Annual Street Light Maintenance Service Costs

$7,456

8.34

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

8e

DATE:

January 23, 2025

SUBJECT:

Authorize the Mayor to sign On-Call Professional Service
Agreements

CONTACT PERSON: Kevin Hushagen, Public Works Director
ATTACHMENTS:

A – Sample Agreement

PURPOSE
The purpose of this agenda item is for Council to authorize the mayor to sign three-year
on-call professional service agreements with nineteen (19) firms. The agreements will
include an option to renew the contract for one (1) additional one (1) year term upon the
same terms and conditions.
BACKGROUND
The City currently has multiple projects under design and construction, with additional
projects planned for the upcoming years. In addition, the City routinely performs
maintenance projects throughout the city limits. Many of these projects require
specialized consultation from a licensed professional firm. The city currently has on-call
contracts with all the proposed professional consultants. The current agreements will
expire at the end of January and the city would like to have a new contract signed to be
able to continue using their services. The city selected the on-call contracts from the
MRSC Roster, and local businesses. They are qualified to provide the City with on-call
professional services which may arise during the 2025 to 2028 calendar years and
subsequent year 2029.
Services requested include civil engineering, transportation engineering, utility system
modeling, roadway design, land use and environmental permitting, surveying services,
forestry, grant applications, GIS and CAD support, and SCADA and telemetry
technology.
Selecting a team of on-call professional service firms allows the city more flexibility in
matching firm expertise with project tasks. In some circumstances it will also allow the
city to award consulting contracts more quickly ensuring the city’s needs are addressed
as quickly and efficiently as possible.

8.35

By selecting firms of various sizes (small, medium and large) with expertise in different
disciplines (general civil engineering, utilities, environmental, transportation, planning,
surveyors, and cultural) will allow the city to match the most qualified firm with each
project.
The city will be responsible for assigning projects depending on the city’s needs.
Selected firms are not guaranteed work as a result of the on-call agreement. Some
projects will require a separate competitive bidding process because the funding source
requires advertisement and competitive bidding according to the Local Agency
Guideline (LAG) Manual.
ANAYLSIS
There is no cost to enter into the on-call professional service agreements. The actual
agreement cost is based on the city’s needs and project estimates.
City staff recommend negotiating with each firm a specific scope of work matching the
firm’s skills and expertise with projects identified in the 2025-2028 budget.
RECOMMENDATIONS
Staff Recommendation:
Staff recommend the Mayor or designee to enter into an On-Call Professional Service
Agreement with nineteen (19) firms:
Associated Earth Science
Atwell
Berk Consulting
BHC Consultants
Confluence Environmental
Designs Northwest Architects
Gray & Osborn
Hamsen
Hough Beck & Baird Landscape Architects
J.A. Brennan

Lankford Associates
Maul Foster Alongi
Metron & Associates
Pelletier + Schaar
Perteet
Quality Control Corporation
West Coast Code Consultants
Transpo Group USA
Urban Forestry/Bertlett Consulting

Committee/Board Recommendation:
The Public Works Committee has not reviewed this item.
CITY COUNCIL OPTIONS
1. Authorize the mayor or designee to negotiate on-call professional service
agreements with all nineteen (19) firms.

8.36

2. Authorize the mayor to negotiate on-call professional service agreements with
one or more firms. Council will need to direct staff on which firms they have
selected.
3. Reject all agreements. This option will mean that staff will have to go out for an
RFQ for each new project.
PROPOSED MOTIONS
1.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH ASSOCIATED EARTH
SCIENCE, INC."

2.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH ATWELL."

3.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH BERK CONSULTING."

4.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH BHC."

5.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH CONFLUENCE."

6.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH DESIGNS NORTHWEST
ARCHITECTS."

7.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH GRAY & OSBORNE."

8.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH HARMSEN."

9.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH HOUGH BECK & BAIRD
LANDSCAPE ARCHITECTS."

10. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH J.A. BRENNAN."
11. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH LANKFORD."

8.37

12. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH MAUL FOSTER
ALONGI."
13. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH METRON."
14. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH PELLETIER + SCHAAR."
15. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH PERTEET."
16. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH QUALITY CONTROL
COPRPORATION."
17. "I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN ONCALL PROFESSIONAL SERVICE AGREEMENT WITH TRANSPO."
18.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN
ON-CALL PROFESSIONAL SERVICE AGREEMENT WITH URBAN
FORESTRY/BARTLETT CONSULTING."

19.

"I MOVE TO AUTHORIZE THE MAYOR OR DESIGNEE TO NEGOTIATE AN
ON-CALL PROFESSIONAL SERVICE AGREEMENT WITH WEST COAST
CODE CONSULTANTS."

8.38

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF __________________, WASHINGTON
AND _________________ FOR CONSULTANT SERVICES
THIS AGREEMENT (“Agreement’) is made and entered into by and between the City of
[CITY], Washington, a Washington State municipal corporation (“City”), and [COMPANY], a
Washington [STATUS] ("Consultant"). [LEGAL STATUS OF ENTITY SHOULD BE
INSERTED e.g., LLC; Sole Proprietor; LLP; Inc., P.S.; Partnership, Foreign Corporation licensed
to do business in Washington State]
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances
contained herein, the parties hereto agree as follows:
ARTICLE I. PURPOSE
The purpose of this Agreement is to provide the City with consultant services regarding [INSERT
SHORT GENERAL DESCRIPTION OF WHAT SERVICES ARE REGARDING] as described
in Article II. The general terms and conditions of the relationship between the City and the
Consultant are specified in this Agreement.
ARTICLE II. SCOPE OF SERVICES
The Scope of Services is attached hereto as Exhibit “A” and incorporated herein by this reference
(“Scope of Services”). All services and materials necessary to accomplish the tasks outlined in the
Scope of Services shall be provided by the Consultant unless noted otherwise in the Scope of
Services or this Agreement. All such services shall be provided in accordance with the standards
of the Consultant’s profession.
ARTICLE III. OBLIGATIONS OF THE CONSULTANT
III.1 MINOR CHANGES IN SCOPE. The Consultant shall accept minor changes,
amendments, or revision in the detail of the Scope of Services as may be required by the City when
such changes will not have any impact on the service costs or proposed delivery schedule. Extra
work, if any, involving substantial changes and/or changes in cost or schedules will be addressed
as follows:
Extra Work. The City may desire to have the Consultant perform work or render services
in connection with each project in addition to or other than work provided for by the
expressed intent of the Scope of Services in the scope of services. Such work will be
considered as extra work and will be specified in a written supplement to the scope of
services, to be signed by both parties, which will set forth the nature and the scope thereof.
All proposals for extra work or services shall be prepared by the Consultant at no cost to
the City. Work under a supplemental agreement shall not proceed until executed in writing
by the parties.
III.2

WORK PRODUCT AND DOCUMENTS. The work product and all documents

8.39

produced under this Agreement shall be furnished by the Consultant to the City, and upon
completion of the work shall become the property of the City, except that the Consultant may
retain one copy of the work product and documents for its records. The Consultant will be
responsible for the accuracy of the work, even though the work has been accepted by the City.
In the event that the Consultant shall default on this Agreement or in the event that this Agreement
shall be terminated prior to its completion as herein provided, all work product of the Consultant,
along with a summary of work as of the date of default or termination, shall become the property
of the City. Upon request, the Consultant shall tender the work product and summary to the City.
Tender of said work product shall be a prerequisite to final payment under this Agreement. The
summary of work done shall be prepared at no additional cost to the City.
Consultant will not be held liable for reuse of documents produced under this Agreement or
modifications thereof for any purpose other than those authorized under this Agreement without
the written authorization of Consultant.
III.3 TERM. The term of this Agreement shall commence on [WRITTEN DATE] and shall
terminate at midnight, [WRITTEN DATE]. The parties may extend the term of this Agreement by
written mutual agreement.
III.4 NON-ASSIGNABLE. The services to be provided by the Consultant shall not be assigned
or subcontracted without the express written consent of the City.
III.5

EMPLOYMENT.
a.
The term “employee” or “employees” as used herein shall mean any officers,
agents, or employee of the of the Consultant.
b.
Any and all employees of the Consultant, while engaged in the performance of any
work or services required by the Consultant under this Agreement, shall be considered
employees of the Consultant only and not of the City, and any and all claims that may or
might arise under the Workman's Compensation Act on behalf of any said employees while
so engaged, and any and all claims made by any third party as a consequence of any
negligent act or omission on the part of the Consultant or its employees while so engaged
in any of the work or services provided herein shall be the sole obligation of the Consultant.
c.
Consultant represents, unless otherwise indicated below, that all employees of
Consultant that will provide any of the work under this Agreement have not ever been
retired from a Washington State retirement system, including but not limited to Teacher
(TRS), School District (SERS), Public Employee (PERS), Public Safety (PSERS), law
enforcement and fire fighters (LEOFF), Washington State Patrol (WSPRS), Judicial
Retirement System (JRS), or otherwise. (Please indicate No or Yes below)
______ No employees supplying work have ever been retired from a Washington
state retirement system.

8.40

______ Yes employees supplying work have been retired from a Washington state
retirement system.
In the event the Consultant indicates “no”, but an employee in fact was a retiree of a
Washington State retirement system, and because of the misrepresentation the City is
required to defend a claim by the Washington State retirement system, or to make
contributions for or on account of the employee, or reimbursement to the Washington State
retirement system for benefits paid, Consultant hereby agrees to save, indemnify, defend
and hold City harmless from and against all expenses and costs, including reasonable
attorney’s fees incurred in defending the claim of the Washington State retirement system
and from all contributions paid or required to be paid, and for all reimbursement required
to the Washington State retirement system. In the event Consultant affirms that an
employee providing work has ever retired from a Washington State retirement system, said
employee shall be identified by Consultant, and such retirees shall provide City with all
information required by City to report the employment with Consultant to the Department
of Retirement Services of the State of Washington.
III.6

INDEMNITY.
a.
Indemnification / Hold Harmless. Consultant shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or resulting from
the acts, errors or omissions of the Consultant in performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
b.
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Consultant and the City, its officers, officials, employees, and volunteers, the
Consultant's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Consultant's negligence.
c.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties.
d.
Public Records Requests. In addition to Paragraph IV.3 b, when the City provides
the Consultant with notice of a public records request per Paragraph IV. 3 b, Consultant
agrees to save, hold harmless, indemnify and defend the City its officers, agents, employees
and elected officials from and against all claims, lawsuits, fees, penalties and costs resulting
from the consultants violation of the Public Records Act RCW 42.56, or consultant’s
failure to produce public records as required under the Public Records Act.
e.
The provisions of this section III.6 shall survive the expiration or termination of
this agreement.

8.41

III.7

INSURANCE.
a.
Insurance Term. The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
b.
No Limitation. Consultant’s maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the Consultant to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy available at law or in
equity.
c.
Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
(1)
Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage.
(2)
Commercial General Liability insurance shall be written at least as broad
on ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap, independent contractors and personal injury and advertising
injury. The City shall be named as an additional insured under the Consultant’s
Commercial General Liability insurance policy with respect to the work performed
for the City using an additional insured endorsement at least as broad as ISO CG
20 26.
(3)
Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
(4)

Professional Liability insurance appropriate to the Consultant’s profession.

d.
Minimum Insurance Limits. Consultant shall maintain the following insurance
limits:
(1)
Comprehensive General Liability. $2,000,000 combined single limit per
occurrence for bodily injury personal injury and property damage; $2,000,000
general aggregate.
(2)
Automobile Liability. $1,000,000 combined single limit per accident for
bodily injury and property damage.
(3)
Workers' Compensation. Workers' compensation limits as required by the
Workers' Compensation Act of Washington.

8.42

(4)
Professional Liability/Consultant's Errors and Omissions Liability.
$2,000,000 per claim and $2,000,000 as an annual aggregate.
e.
Notice of Cancellation. In the event that the Consultant receives notice (written,
electronic or otherwise) that any of the above required insurance coverage is being
cancelled and/or terminated, the Consultant shall immediately (within forty-eight (48)
hours) provide written notification of such cancellation/termination to the City.
f.
Acceptability of Insurers. Insurance to be provided by Consultant shall be with
insurers with a current A.M.Best rating of no less than A:VII, or if not rated by Best, with
minimum surpluses the equivalent of Best VII rating.
g.
Verification of Coverage. In signing this agreement, the Consultant is
acknowledging and representing that required insurance is active and current. Consultant
shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work. Further,
throughout the term of this Agreement, the Consultant shall provide the City with proof of
insurance upon request by the City.
h.
Insurance shall be Primary - Other Insurance Provision. The Consultant’s insurance
coverage shall be primary insurance as respect the City. The Consultant’s Automobile
Liability and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any Insurance,
self-insurance, or self-insured pool coverage maintained by the City shall be excess of the
Consultant’s insurance and shall not contribute with it.
i.
Claims-Made Basis. Unless approved by the City all insurance policies shall be
written on an “Occurrence” policy as opposed to a “Claims-made” policy. The City may
require an extended reporting endorsement on any approved “Claims-made” policy.
j.
Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days’ notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
k.
Public Entity Full Availability of Consultant Limits. If the Consultant maintains
higher insurance limits than the minimums shown above, the Public Entity shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Consultant.

8.43

l.
Subcontractors’ Insurance. The Contractor shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable requirements
of the Contractor-provided insurance as set forth herein, except the Contractor shall have
sole responsibility for determining the limits of coverage required to be obtained by
Subcontractors. The Contractor shall ensure that the City is an additional insured on each
and every Subcontractor’s Commercial General liability insurance policy using an
endorsement at least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20
37 10 01 for completed operations.
III.8 DISCRIMINATION PROHIBITED AND COMPLIANCE WITH EQUAL
OPPORTUNITY LEGISLATION. The Consultant agrees to comply with equal opportunity
employment and not to discriminate against client, employee, or applicant for employment or for
services because of race, creed, color, religion, national origin, marital status, sex, sexual
orientation, age or handicap except for a bona fide occupational qualification with regard, but not
limited to, the following: employment upgrading; demotion or transfer; recruitment or any
recruitment advertising; layoff or terminations; rates of pay or other forms of compensation;
selection for training, rendition of services. The Consultant further agrees to maintain (as
appropriate) notices, posted in conspicuous places, setting forth the provisions of this
nondiscrimination clause. The Consultant understands and agrees that if it violates this
nondiscrimination provision, this Agreement may be terminated by the City, and further that the
Consultant will be barred from performing any services for the City now or in the future, unless a
showing is made satisfactory to the City that discriminatory practices have been terminated and
that recurrence of such action is unlikely.
III.9 UNFAIR EMPLOYMENT PRACTICES. During the performance of this Agreement,
the Consultant agrees to comply with RCW 49.60.180, prohibiting unfair employment practices.
III.10 LEGAL RELATIONS. The Consultant shall comply with all federal, state and local laws
and ordinances applicable to work to be done under this Agreement. The Consultant represents
that the firm and all employees assigned to work on any City project are in full compliance with
the statutes of the State of Washington governing activities to be performed and that all personnel
to be assigned to the work required under this Agreement are fully qualified and properly licensed
to perform the work to which they will be assigned. This Agreement shall be interpreted and
construed in accordance with the laws of Washington. Venue for any litigation commenced
relating to this Agreement shall be in Snohomish County Superior Court.
III.11 INDEPENDENT CONTRACTOR.
a.
The Consultant and the City understand and expressly agree that the Consultant is
an independent contractor in the performance of each and every part of this Agreement.
The Consultant expressly represents, warrants and agrees that his status as an independent
contractor in the performance of the work and services required under this Agreement is
consistent with and meets the six-part independent contractor test set forth in RCW
51.08.195 or as hereafter amended. The Consultant, as an independent contractor, assumes
the entire responsibility for carrying out and accomplishing the services required under this

8.44

Agreement. The Consultant shall make no claim of City employment nor shall claim any
related employment benefits, social security, and/or retirement benefits.
b.
The Consultant shall be solely responsible for paying all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income
which may be required by law or assessed against either party as a result of this Agreement.
In the event the City is assessed a tax or assessment as a result of this Agreement, the
Consultant shall pay the same before it becomes due.
c.
The City may, during the term of this Agreement, engage other independent
contractors to perform the same or similar work that the Consultant performs hereunder.
d.
Prior to commencement of work, the Consultant shall obtain a business license from
the City.
III.12 CONFLICTS OF INTEREST. The Consultant agrees to and shall notify the City of any
potential conflicts of interest in Consultant’s client base and shall obtain written permission from
the City prior to providing services to third parties where a conflict or potential conflict of interest
is apparent. If the City determines in its sole discretion that a conflict is irreconcilable, the City
reserves the right to terminate this Agreement.
III.13 CITY CONFIDENCES. The Consultant agrees to and will keep in strict confidence, and
will not disclose, communicate or advertise to third parties without specific prior written consent
from the City in each instance, the confidences of the City or any information regarding the City
or services provided to the City.
III.14 SUBCONTRACTORS/SUBCONSULTANTS.
a.
The Consultant shall be responsible for all work
subcontractors/subconsultants pursuant to the terms of this Agreement.

performed

by

b.
The Consultant must verify that any subcontractors/subconsultants they directly
hire meet the responsibility criteria for the project. Verification that a
subcontractor/subconsultant has proper license and bonding, if required by statute, must be
included in the verification process. The Consultant will use the following
Subcontractors/Subconsultants or as set forth in Exhibit ____:
_____________________________________________
_____________________________________________
_____________________________________________
c.
The Consultant may not substitute or add subcontractors/subconsultants without the
written approval of the City.

8.45

d.
All Subcontractors/Subconsultants shall have the same insurance coverages and
limits as set forth in this Agreement and the Consultant shall provide verification of said
insurance coverage.
ARTICLE IV. OBLIGATIONS OF THE CITY.
IV.1

PAYMENTS.
a.
The Consultant shall be paid by the City for services rendered under this Agreement
as described in the Scope of Services and as provided in this section. In no event shall the
compensation paid to Consultant under this Agreement exceed [WRITTEN NUMBER]
([$_______]) without the written agreement of the Consultant and the City. Such payment
shall be full compensation for work performed and services rendered and for all labor,
materials, supplies, equipment and incidentals necessary to complete the work. In the event
the City elects to expand the scope of services from that set forth in Exhibit A, the City
shall pay Consultant a mutually agreed amount.
b.
The City will pay timely submitted and approved invoices received before the 20th
of each month within thirty (30) days of receipt.

IV.2 CITY APPROVAL. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this Agreement must meet the approval of
the City, which shall not be unreasonably withheld if work has been completed in compliance with
the Scope of Services and City requirements.
IV.3

MAINTENANCE/INSPECTION OF RECORDS.
a.
The Consultant shall maintain all books, records, documents and other evidence
pertaining to the costs and expenses allowable under this Agreement in accordance with
generally accepted accounting practices. All such books and records required to be
maintained by this Agreement shall be subject to inspection and audit by representatives
of the City and/or the Washington State Auditor at all reasonable times, and the Consultant
shall afford the proper facilities for such inspection and audit. Representatives of the City
and/or the Washington State Auditor may copy such books, accounts and records where
necessary to conduct or document an audit. The Consultant shall preserve and make
available all such books of account and records for a period of three (3) years after final
payment under this Agreement. In the event that any audit or inspection identifies any
discrepancy in such financial records, the Consultant shall provide the City with
appropriate clarification and/or financial adjustments within thirty (30) calendar days of
notification of the discrepancy.
b.
Public Records. The parties agree that this Agreement and records related to the
performance of the Agreement are with limited exception, public records subject to
disclosure under the Public Records Act RCW 42.56. Further, in the event of a Public
Records Request to the City, the City may provide the Consultant with a copy of the
Records Request and the Consultant shall provide copies of any City records in

8.46

Consultant’s possession, necessary to fulfill that Public Records Request. If the Public
Records Request is large the Consultant will provide the City with an estimate of
reasonable time needed to fulfill the records request.
ARTICLE V. GENERAL.
V.1

NOTICES. Notices to the City shall be sent to the following address:
[NAME
TITLE
ADDRESS
CITY, STATE ZIP
PHONE NUMBER
EMAIL ADDRESS]
Notices to the Consultant shall be sent to the following address:
[NAME
TITLE
ADDRESS
CITY, STATE ZIP
PHONE NUMBER
EMAIL ADDRESS]

Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mail with proper postage and address.
V.2
TERMINATION. The right is reserved by the City to terminate this Agreement in whole
or in part at any time upon ten (10) calendar days' written notice to the Consultant.
If this Agreement is terminated in its entirety by the City for its convenience, the City shall pay
the Consultant for satisfactory services performed through the date of termination in accordance
with payment provisions of Section IV.1.
V.3
DISPUTES. The parties agree that, following reasonable attempts at negotiation and
compromise, any unresolved dispute arising under this Agreement may be resolved by a mutually
agreed-upon alternative dispute resolution of arbitration or mediation.
V.4
EXTENT OF AGREEMENT/MODIFICATION. This Agreement, together with
attachments or addenda, represents the entire and integrated Agreement between the parties and
supersedes all prior negotiations, representations, or agreements, either written or oral. This
Agreement may be amended, modified or added to only by written instrument properly signed by
both parties.
V.5

SEVERABILITY.

8.47

a.
If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal or invalid, in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties’ rights and obligations shall be construed
and enforced as if the Agreement did not contain the particular provision held to be invalid.
b.
If any provision of this Agreement is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed inoperative
and null and void insofar as it may conflict, and shall be deemed modified to conform to
such statutory provision.
V.6
NONWAIVER. A waiver by either party hereto of a breach by the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in default
to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise
any right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
V.7
FAIR MEANING. The terms of this Agreement shall be given their fair meaning and shall
not be construed in favor of or against either party hereto because of authorship. This Agreement
shall be deemed to have been drafted by both of the parties.
V.8
GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
V.9
VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Snohomish County, Washington.
V.10 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same Agreement.
V.11 AUTHORITY TO BIND PARTIES AND ENTER INTO AGREEMENT. The
undersigned represent that they have full authority to enter into this Agreement and to bind the
parties for and on behalf of the legal entities set forth below.
Signature page to follow.

8.48

DATED this ______ day of [MONTH] [YEAR].
CITY OF [CITY]

[TRUE AND ACCURATE NAME OF
COMPANY]

By ________________________________
[NAME], Mayor

By ________________________________
[NAME], [TITLE]

APPROVED AS TO FORM:

By ______________________________
[NAME], City Attorney

8.49

Exhibit A
Scope of Services

8.50

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

10a

DATE:

January 23, 2025

SUBJECT:

Stanwood Municipal Code Title 18 – Code Structure and
Permitting Procedures

CONTACT PERSON:

Patricia Love, Community Development Director

ATTACHMENTS:

A – Ordinance 1543
B – Planning Commission Findings of Fact and Conclusions

PURPOSE
The purpose of this agenda item is for Council review and acceptance of the first reading
of Ordinance 1543, adoption of Title – 18, Unified Development Code and Permitting
Procedures, of the Stanwood Municipal Code.
SUMMARY
The next round of code amendments includes merging Title 16, Subdivisions, and Title
17, Zoning, into a single Title referred as the Unified Development Code (UDC). A UDC
is a comprehensive set of regulations or standards that govern land use, zoning, and
development within a single Municipal Code Title.
Ordinance 1543:
 Adopts the framework of Title 18, Unified Development Code
 Adopts the updated Permit Procedures Chapters
BACKGROUND
The City initiated the Municipal Code Update project in 2022 to modernize the code
reflecting best practices with respect to content and administration of the code. The
update is intended to be user friendly for staff, property owners and developers by 1)
removing legalese and jargon unfamiliar to the lay person, 2) improving clarity and overall
functionality, and 3) reflect regulatory best practices. The amendments will also be
consistent with current case, state and federal laws.
To help guide the review of the amendments, two types of informational banners are
included in the descriptive versions of each amendment. These blue- and yellow-colored

10.1

bars highlight changes, recommendations and questions; it notes where new sections
have been added or where moved.
 Blue banner describes actions taken or issue descriptions.
 Yellow banners highlight important policy issues.

Due to the sheer size of amending an entire municipal code, work has been broken into
manageable pieces with similar titles, or titles that interact with each other, being
processed together. To date, the Council has approved the following Title groupings:
Stanwood Municipal Code Titles
Interim Zoning Regulations
Prohibiting Mini-Storage Facilities

Action
Council Approved in 2022

Interim Sign Regulations
Signs in the Right of Way
Noise Regulations
SMC Titles 1, 2, 3, 4, 5, 6, 9, and 13

Council Approved in 2023

Fireworks
Complete Streets
Construction Noise
SMC Titles 7 ,8, 10, 11, and 14

Council Approved in 2024

Title 12, Utilities

Pending

Unified Development Code (UDC):
Merger of Title 15 - Forest Practices, Title 16 - Subdivisions, & Title 17 – Zoning
UDC Structure and Permitting Procedures
Pending Council Action:
Jan / Feb 2025
Critical Areas Code Update

Under Review by the Planning
Commission

Subdivision and Bulk Standards

Preliminary Draft Stage

As amendments are approved, there may be times when chapters or sections within
previously approved Chapters or Titles will need to be amended to ensure consistency
throughout the Municipal Code.

10.2

ANALYSIS
UDC Organization
This first UDC ordinance being processed includes both the organization structure of Title
18, UDC, as well as the application and permit chapters. Setting up Title 18 is necessary
so that as amendments are processed and adopted, they can be dropped into the
appropriate chapters. New Title 18 will include 8 parts as follows:
Title 18
Unified Development Code
Organizational Structure
UDC Organization Structure
Content
Part 1 – General Provisions
General Provisions, Establishment of
Zones, Adoption of Zoning Map,
Definitions
Part 2 - Applications

Application Types and Permit Review
Processes

Part 3 - Permits

Issued Permits, Conditional Uses,
Variances

Part 4 – Land Divisions

Long and Short Subdivisions, Binding
Site Plans, Boundary Line Adjustments

Part 5 – Zoning and Uses

Permitted Uses and Bulk Standards

Part 6 – Specific Uses Standards

Development Standards for Specified
Uses

Part 7 – Development and Design
Standards

Design Standards, Parking, Signage,
Landscaping, stormwater, grading

Part 8 - Environment

Shoreline and Critical Areas (wetlands,
streams, slopes, floodplains)

Staff anticipates that drafting Title 18 will take about 2 years to complete and during this
time, portions of Title 17 - Zoning will in effect while Title 18 is being developed and
adopted. Once Title 18 is finished, Title 17 will be repealed in its entirety or preserved for
the City’s shorelines regulations. To help with this transition, the regulatory substance

contained in the Title 17 chapters being amended will be deleted, and a note will be added
referencing the reader to the appropriate chapter / section in Title 18.

10.3

UDC Part 1 – General Provisions:
The General Provisions part establishes the foundation for the entire UDC. It adopts the
City’s zoning districts and map consistent with the Comprehensive Plan, rulemaking
authority, administrative interpretations, violation references and definitions. Most of
these sections were copied over from the existing Title 17, except that the zoning districts
and map which have been updated to be consistent with the 2024-2044 Comprehensive
Plan.
Definitions will be migrated from Title 17 to Title 18 as chapters are adopted. The existing
definitions in SMC Chapter 17.20 will remain in effect until repealed and apply to both
Title 17 and Title 18. Where definitions in SMC Title 17 conflict with SMC Title 18, the
new definitions in SMC Title 18 control for regulations in SMC Title 18.
UDC Part 2 – Applications
The applications chapter of the UDC contains the permit types, permit submittal
requirements and the permitting process. Permits are processed according to the city’s
procedures which are codified in the Municipal Code. The purpose of codifying the permit
review procedures is to ensure consistency of review, reducing the chances of arbitrary
decisions and open transparency of the city’s processes. All permits follow a similar
workflow, with variations in time based on permit type.
Permit types are
categorized as Type
1-4 according to the
level of review:
administrative
Hearing Examiner
and City Council
decisions.

Generalized Permit Workflow:

The following table lists the city’s permit types and their review process. Permit types are
listed on a graduated scale by review authority:
Type 1:
Administrative decision by staff with no public comment
Type 2:
Administrative decision by staff with public notice
Type 3:
Administrative review with decision by the Hearing Examiner after holding
a public hearing.
Type 4:
Administrative review, Hearing Examiner public hearing and
recommendation to the City Council and final decision by the City Council
after holding a public hearing.

10.4

Type 1
Director decision without
notice

Type 2
Director decision
with notice

Type 3
Hearing Examiner
decision

Type 4
City Council decision

• Single-Family
Residential Building
Permits
• Fire Permits

• Multifamily Residential
Projects > 40 Units

• Conditional Use Permit
• Preliminary Plat;
Including PRDs, Cottage,
and Offspring
Subdivision

• Development Agreement
• Site-Specific Rezone

• Multifamily Residential
Projects ≤ 40 Units
• Commercial and
industrial development
≤ 12,000 square feet
• Mixed-Use
Developments ≤ 20
Units
• Accessory Dwelling
Unit
• Administrative Zoning
Code Interpretation
• Boundary Line
Adjustment
• Code Enforcement
• Concurrency Evaluation
• Encroachment (ROW)
Permit
• Floodplain
Development

• Commercial and
Industrial
Developments > 12,000
Square Feet
• Critical areas variance
• Mixed-Use
Developments > 20
Units
• Minor Variance
• Binding Site Plans
• Reasonable Use Permit
• Right to Farm
• SEPA Determinations
• Shoreline Substantial
Development Permit
• Short Plats
• Waiver of 6-year forest
practices moratorium

• Essential Public
Facilities
• Shoreline CUP
• Shoreline Variance
• TN – Residential
Subdivisions
• Major Variance
• TN –
Commercial/Mixed-Use
Projects
• WCF Monopole
• WCF Deviation
• Code Enforcement
Appeals
• Building Code Appeals
• Administrative Appeals

• Grading
• Home Occupation
• Manufactured Home
Infill
• Parcel Combination
• Public Works Deviation
Requests
• Right-of-Way Permits
• Sign
• Technical Document
Review
• TN – Public Facilities
• WCF Small Cell
• WCF Co-Located
• WCF Minor
Modification

Before reviewing an application, it must be checked to ensure all required information is
included—a process called a "completeness review." Each permit type is evaluated
against a submittal checklist. If all required information is provided, a complete application
notice is issued.

10.5

Submittal Category
General Application Materials:

Typical Submittal Requirements
Forms, Fees, Project Narratives, Vicinity Maps

Site Plans:

Plat Maps; Site, Landscape, Tree Retention
Plans; Building Elevations

Civil Engineering Plans:

Drainage, Traffic, Clearing, Grading, Road / Rightof-Way, Erosion Control, and Utility Plans

Environmental Documents:

SEPA Checklist, Critical Area Reports (Wetlands
and Streams), Floodplain, Geotechnical, and
Cultural Resource Reports

Other:

Public Notice Lists, Safe Walking to School Plans,
Covenants, Title Certificates, Lot Closure Reports

Before Final Plat or Occupancy:

Deeds, Easements, Bonds, Asbuilts

Once a project receives a complete application, the permit review process begins. The
diagrams below show the review process for each permit type.

10.6

Note the draft amendment eliminates the “public meetings” with PC in favor of only having
“public hearings” before Hearing Examiner, consistent with State law limiting the number
of allowed hearings on a project.

10.7

10.8

In addition to changing the code into “plain talk”, amendments include:
• Procedures are reorganized to fit the new table of contents for the new Title 18;
• Consolidates various tables into a single table in proposed 18.230.020, Types of
Review.
• Adds new permit review time periods consistent with the defaults in state law
(2SSB 5290):
• Type 1 Permits: 65 days
• Type 2 Permits: 100 days
• Type 3 Permits: 170 days
• Type 4 Permits: 170 days
• Final plat approval, as a ministerial action, is moved to Type 1 per recent
amendment of RCW 58.17.100.
• Street vacations and annexations are not project permits, are not subject to the
other requirements of the chapter and statute, so are not included.
• Creates an optional meeting procedure in proposed 18.230.080(3) to implement
RCW 36.70B.160(1)(j), which is one of the options to avoid permit fee refunds
(New).
• Includes a process to circulate permits to local Tribes for cultural resource review
(New).

UDC Part 3 – Permits
Part 3, Permits, covers the post permit application process and details the review criteria
for variances and conditional use permits.
Chapter 18.310
Permits Generally
This code section covers the post permitting processes and requirements. There are no
significant changes from existing Chapter 17.80 Article IV with the exception of using plain
language text and reorganization.
 Permit Terms, Extensions, and Expiration
 Permit Revisions
 Requirements for Civil Construction Plans
 Inspections
 Effect of Decisions
 Certificate of Occupancy
 Vacation of Permits
Chapter 18.320
Conditional Use Permits
A Conditional Use Permit (CUP) is a zoning tool to allow a property to be used in a way
that is not typically permitted under the current zoning regulations but might be
appropriate under certain situations or conditions. Conditional Use Permits provide
flexibility by allowing certain uses that could be beneficial or compatible with the
surrounding area if specific conditions are met.

10.9




Community Input: The city’s CUP process requires a public hearing, giving the
community an opportunity to voice their concerns or comment of potential
mitigation strategies.
Case-by-Case Review: Each CUP application is reviewed individually, allowing
for a thorough examination of the specific circumstances, including the
proposed use, location, and potential effects on the surrounding area.

To obtain a conditional use permit, the applicant must show how their application meets
the compatibility criteria: Zoning Compatibility, Community Compatibility, and Effect on
Adjacent Properties. “Community Compatibility” means:
The use will not have a substantively greater adverse effect on the health, safety or
comfort of persons living or working in the area than those generally permitted in the
district. In the determination of community compatibility, the reviewing official must
consider the following factors:
o

Hours and manner of operation, such as dust, odor, fumes and vibration do not
impact adjacent properties;

o

Existing infrastructure, such as roads, utilities, and parks, can accommodate the
proposed use without degrading the adopted level of service standards; and

o

The proposal’s impacts can be appropriately mitigated through the application of
conditions of approval, as applicable.

Chapter 18.330
Variances
A variance is a form of regulatory relief granted that allows a property owner to deviate
from the strict requirements of the zoning code. A variance typically allows a property
owner to use their land in a way that is generally allowed, but in a manner that does not
fully comply with the zoning regulations due to unique circumstances.
The primary purpose of a variance is to provide flexibility in situations where the strict
application of zoning laws would cause undue hardship due to the unique physical
characteristics of the property. For example, if a property has an irregular shape, steep
topography, critical areas, or other unusual features that make it difficult or impossible to
comply with the standard zoning requirements, a variance might be granted to
accommodate these challenges.
Stanwood has two types of variances: administrative and non-administrative which
requires a public hearing with the Hearing Examiner. This amendment is proposing to
change the terms for these variances as follows:
Existing Term
Administrative Variance
Non-Administrative Variance

Proposed Term
Minor Variance
Major Variance

10.10

Council Policy Decision Issue:
The majority of the code changes include updating the City’s procedures in accordance
with state law and best practices, simplifying the text language and reorganizing the
chapters to fit within the new Unified Development Code structure. However, there is one
policy issue that Council should consider.
As an incentive, the Advisory Group requested that the city adopt a simplified permitting
process for low-income housing projects. The procedures code includes an option for
administrative review of subdivisions or TN mixed use projects to be reviewed
administratively by staff instead of holding a public hearing with the Hearing Examiner.
Advantages: Allows for simpler permitting process without a public hearing, saving
time and costs. It also has the potential to cut down on the amount of “NIMBY”
opposition.
Concerns: Expediting review may not be sufficient to incentivize property owners
to execute the restrictive covenant required to ensure long term affordability.
As written, the percent of dwelling units allowed is set at 50% of the development but that
number could be adjusted. This means that 50% of the units could be rented at market
rate. In addition, the low-income thresholds could also be adjusted. HUD’s low-income
level is 80% of Area Median Income.
18.230.020 Types of Review
(e) An application for a project permit where the applicant commits to providing at least
50% of dwelling units in the project to households whose annual household income is
at or below the current Low Income level for the area that includes the City, as
established by the United States Department of Housing and Urban Development, at a
rental rate of not more than 30 percent of monthly household income, may be
processed as a Type 1 or Type 2 review depending on SEPA requirements. As a
condition of permit approval, the applicant must be required to execute an affordable
housing agreement that implements this subsection, in a form approved by the Director
and City Attorney, and record it as a covenant running with the land and binding on the
applicant, property owner, assigns, heirs and successors.

Fiscal Impact

No direct financial impact. Code work was already budgeted and approved through the
Municipal Code Update Project contract and scope of work.

RECOMMENDATIONS
Staff Recommendation:
Staff recommends that the Council accept the first reading and proceed with the
second reading of the proposed amendments.

10.11

Committee/Board Recommendation:
The Advisory Group, Planning Commission and City Council Community
Development Committee have all reviewed the proposed amendments; their
comments have been incorporated into the drafts. All groups have recommended
to adopt the amendments. The Planning Commission’s Findings of Fact and
Conclusions are attached as exhibit B.
Planning Commissioner Questions & Comments (Excerpt from November 18,
2025, Minutes)
• Is there an expedited process for reviews for an additional fee? That was not
written into this draft. The City does have a process to send out reviews to a
consultant if staff has a high workload. This allows staff to stay within the
specified review timelines.
• Who verifies that the RCW’s listed are accurate? Our consultants and staff both
verify that the citations are correct.
• Did the City receive any comments from the Department of Commerce and
their 60-day review period? No, but the City did receive comments on Critical
Areas that are reflected in the staff report.
• Commissioner Warnat motioned and Commissioner Warnat seconded Motion
1: Findings of Fact; to Approve the Findings of Fact and Conclusions for the
Unified Development Code Ordinance 1543 as Presented on November 18,
2024. All Commissioners were in favor.
• Commissioner Warnat motioned and Commissioner Warnat seconded Motion
2: City Council Recommendation; to Recommend Approval of the Unified
Development and Procedures Code Ordinance 1543 to the Stanwood City
Council as Presented on November 18, 2024. All Commissioners were in favor.
CITY COUNCIL OPTIONS
1. Accept the first reading of Ordinance 1543 adopting Title 18, Unified Development
Code and Permitting Procedures.
2. Request changes to Ordinance 1543 and direct staff to address specific Council
issues or concerns prior to reconsidering the ordinance.
PROPOSED MOTION
“I MOVE TO ACCEPT THE FIRST READING OF ORDINANCE 1543 AS SET FORTH
IN ATTACHMENT “A”."

10.12

CITY OF STANWOOD
WASHINGTON

ATTACHMENT A

ORDINANCE NO. 1543
AN ORDINANCE OF THE CITY OF STANWOOD, WASHINGTON, ADOPTING A NEW
SMC TITLE 18, UNIFIED DEVELOPMENT CODE AND TABLE OF CONTENTS IN THE
STANWOOD MUNICIPAL CODE (SMC); ADOPTING PART 1 OF TITLE 18,
APPLICATIONS; ADOPTING PART 2 OF TITLE 18, APPLICATIONS, ADOPTING
PART 3 OF TITLE 18, PERMITS; ADOPTING NEW CHAPTER 17.01, APPLICABILITY;
REPEALING PORTIONS OF TITLE 17 IMPLEMENTING SAID PORTIONS OF TITLE
18; ESTABLISHING SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Stanwood has begun a process to comprehensively
update its municipal code to conform to current law and practice; and
WHEREAS, the purpose of this code amendment is to eliminate conflicts,
improve clarity and overall function of the municipal code, and reflect current city and
best practices; and
WHEREAS, the City Council has opted to comprehensively revise and
consolidate zoning, subdivision and development regulations in a new Unified
Development Code in Title 18; and
WHEREAS, the amendments in this ordinance adopt the general provisions and
permit procedures provisions for the new Unified Development Code; and
WHEREAS, the amendments were reviewed for consistency with the permitting
requirements of RCW 36.70B Local Project Review; and
WHEREAS, the amendments integrate permit review timing and process
changes mandated by 2SSB 5290 (2023) into the city’s application procedures; and
WHEREAS, pursuant to RCW 36.70A.106, the City submitted the proposed
Unified Development Code amendment for the 60-day review to the Washington State
Department of Commerce on September 10, 2024. The 60-day review period was
completed on November 9, 2024; and
WHEREAS, the code amendment was circulated for public review on September
24 through October 8, 2024. No comments were received on the amendment; and
WHEREAS, a SEPA determination of non-significance for the draft ordinance
was issued on September 24, 2024, and the comment / appeal period ended on
October 8, 2024; and
WHEREAS, the Stanwood Advisory Group reviewed the draft ordinance at their
September 18, 2024, meeting and has recommended that the City Council adopt the
ordinance; and

page 1 of 52

10.13

WHEREAS, the Stanwood Community Development Committee reviewed the
draft ordinance at their October 3, 2024, meeting and has recommended that the City
Council adopt the ordinance; and
WHEREAS, the Stanwood Planning Commission held their first reading of the
ordinance on September 9, 2024, held a public hearing on ordinance on October 14,
2024, and forwarded their findings of fact and conclusions recommending to approve
the ordinance on November 18, 2024; and
WHEREAS, the City Council held a public hearing and first reading of the draft
code amendment on January 23, 2025, a second reading on ____, and accepted public
comment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANWOOD,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Stanwood Municipal Code Title 18, Unified Developed Code, is adopted as
provided in Exhibit “A” attached to this ordinance and incorporated herein by reference
as if set forth in full.
Section 2. Stanwood Municipal Code Title 17 is amended as shown in Exhibit B.
Section 3. Severability. The various parts, sections and clauses of this ordinance are
hereby declared to be severable. If any part, sentence, paragraph, section or clause is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder
of the Ordinance shall not be affected thereby.
Section 4. Authority to Make Necessary Corrections. The City Clerk and the codifiers
of this Ordinance are authorized to make necessary corrections to this Ordinance
including, but not limited to, the correction of scrivener’s clerical errors, references,
ordinance numbers, section/subsection numbers and any references thereto.
Section 5. Effective Date. This Ordinance shall take effect five days after its passage
and publication as required by law.
PASSED and APPROVED this ____ day of ______________, 2025.
CITY OF STANWOOD:
________________________________
Sid Roberts, Mayor
Attest:
________________________________
Lisa Sokolik, City Clerk
Approved as to Form:

page 2 of 52

10.14

________________________________
Nikki Thompson, City Attorney
Date of Publication:
Effective Date:

page 3 of 52

10.15

EXHIBIT A
Title 18 Unified Development Code ..............................................................................7
Part 1 General Provisions............................................................................................................................7
Chapter 18.100 General Provisions. ...................................................................................................................7
18.100.010 Purpose........................................................................................................................................7
18.100.020 Establishing of Zones ...................................................................................................................8
18.100.030 Purpose and Intent of Zoning Districts ........................................................................................9
18.100.040 Establishment and Interpretation of Zoning Maps .................................................................. 11
18.100.050 Rulemaking Authority ............................................................................................................... 11
18.100.060 Administrative Interpretations ................................................................................................. 12
18.100.070 Violations .................................................................................................................................. 13
Chapter 18.102 Definitions and Rules of Interpretation. ................................................................................ 13
18.102.010 Applicability .............................................................................................................................. 13
18.102.015 Rules of Interpretation ............................................................................................................. 13
18.102.020 "A" Definitions .......................................................................................................................... 14
18.102.030 "B" Definitions .......................................................................................................................... 14
18.102.040 "C" Definitions .......................................................................................................................... 14
18.102.060 "E" Definitions .......................................................................................................................... 14
18.102.070 "F" Definitions .......................................................................................................................... 14
18.102.080 "G" Definitions .......................................................................................................................... 14
18.102.090 "H" Definitions .......................................................................................................................... 14
18.102.100 "I" Definitions ........................................................................................................................... 15
18.102.110 "J" Definitions ........................................................................................................................... 15
18.102.120 "K" Definitions .......................................................................................................................... 15
18.102.130 "L" Definitions........................................................................................................................... 15
18.102.140 "M" Definitions ......................................................................................................................... 15
18.102.150 "N" Definitions .......................................................................................................................... 15
18.102.160 "O" Definitions.......................................................................................................................... 15
18.102.170 "P" Definitions .......................................................................................................................... 15
18.102.180 "Q" Definitions.......................................................................................................................... 15
18.102.190 "R" Definitions .......................................................................................................................... 15
18.102.200 "S" Definitions .......................................................................................................................... 16
18.102.210 "T" Definitions .......................................................................................................................... 16

Exhibit A

updated 1/8/2025

page 4 of 52

10.16

18.102.220 "U" Definitions .......................................................................................................................... 16
18.102.230 "V" Definitions .......................................................................................................................... 16
18.102.240 "W" Definitions ......................................................................................................................... 16
18.102.250 "X" Definitions .......................................................................................................................... 16
18.102.260 "Y" Definitions .......................................................................................................................... 16
18.102.270 "Z" Definitions .......................................................................................................................... 16
Part 2 Applications ................................................................................................................................... 16
Chapter 18.210 General Provisions ................................................................................................................. 16
18.210.010 Purpose..................................................................................................................................... 16
18.210.020 Applicability. ............................................................................................................................. 17
18.210.030 Permit Required ....................................................................................................................... 17
18.210.040 Permit Exemptions ................................................................................................................... 17
18.210.050 Fees........................................................................................................................................... 18
18.210.080 Vesting ...................................................................................................................................... 18
18.210.090 Decision Criteria ....................................................................................................................... 19
Chapter 18.220 Applications ........................................................................................................................... 19
18.220.020 Pre-application meeting ........................................................................................................... 19
18.220.030 Application Contents ................................................................................................................ 20
18.220.040 Application Revision ................................................................................................................. 24
18.220.050 Application Withdrawal ............................................................................................................ 24
18.220.060 Application Expiration .............................................................................................................. 25
18.220.070 Applications for Phased Projects .............................................................................................. 25
18.220.080 Reapplication ............................................................................................................................ 26
Chapter 18.230 Review Process ...................................................................................................................... 26
18.230.010 Foundation of Review............................................................................................................... 26
18.230.020 Types of Review ........................................................................................................................ 26
18.230.030 Consolidation of Review ........................................................................................................... 30
18.230.040 Timing of Review ...................................................................................................................... 31
18.230.050 Review for Completeness ......................................................................................................... 32
18.230.055 Cultural Resource Review ......................................................................................................... 33
18.230.060 Notice of Application ................................................................................................................ 33
18.230.070 SEPA Review ............................................................................................................................. 35
18.230.080 Technical Document Review .................................................................................................... 36
18.230.090 Staff Review .............................................................................................................................. 36
18.230.100 Public Hearing........................................................................................................................... 37

Exhibit A

updated 1/8/2025

page 5 of 52

10.17

18.230.110 Hearing Examiner procedures .................................................................................................. 39
18.230.120 Decision .................................................................................................................................... 40
18.230.130 Notice of Decision .................................................................................................................... 41
Chapter 18.240 Appeals and Reconsideration ................................................................................................ 41
18.240.010 Local Appeal ............................................................................................................................. 41
18.240.020 Exhaustion of Administrative Remedies................................................................................... 43
Part 3 Permits .......................................................................................................................................... 44
Chapter 18.310 Permits Generally .................................................................................................................. 44
18.310.010 Permit Terms, Extension, and Expiration ................................................................................. 44
18.310.020 Permit Revision......................................................................................................................... 45
18.310.030 Civil Construction Plans ............................................................................................................ 46
18.310.040 Inspections................................................................................................................................ 46
18.310.050 Effect of Decisions .................................................................................................................... 46
18.310.060 Certificate of Occupancy .......................................................................................................... 46
18.310.070 Vacation of Permit .................................................................................................................... 47
18.310.080 Assurance Devices .................................................................................................................... 47
Chapter 18.320 Conditional Use Permits ........................................................................................................ 48
18.320.010 Purpose..................................................................................................................................... 48
18.320.030 Review process. ........................................................................................................................ 48
18.320.040 Applicant’s responsibility. ........................................................................................................ 48
18.320.060 Decision criteria. ....................................................................................................................... 48
18.320.070 Additional conditions. .............................................................................................................. 49
Chapter 18.330 Variances ............................................................................................................................... 49
18.330.010 Purpose..................................................................................................................................... 49
18.330.020 Applicability .............................................................................................................................. 50
18.330.040 Review process. ........................................................................................................................ 50
18.330.050 Applicant’s responsibility. ........................................................................................................ 50
18.330.060 Types of variances .................................................................................................................... 50
18.330.070 Decision criteria. ....................................................................................................................... 50
Part 4 Land Divisions ................................................................................................................................ 51
Part 5 Zoning & Uses ................................................................................................................................ 51
Part 6 Specific Use Standards .................................................................................................................... 51
Part 7 Development & Design Standards ................................................................................................... 51
Part 8 Environment .................................................................................................................................. 51
Chapter 17.01 Applicability ............................................................................................................................. 52

Exhibit A

updated 1/8/2025

page 6 of 52

10.18

17.01.010 Migration to Unified Development Code ................................................................................... 52
17.20.001 Migration to Unified Development Code ................................................................................... 52
Chapter 17.80 Permit Review Procedures ...................................................................................................... 52
17.80.010 Replaced by Unified Development Code.................................................................................... 52

Title 18 Unified Development Code
 The new Unified Development Code is proposed for division into multiple parts, each including logical
grouping of chapters. This ordinance would adopt the outline for the entire title, but only adopt content for
selected chapters.

Part 1 General Provisions
 These chapters reflect the general provisions chapters of the zoning code, chapters 17.05-17.25.

Chapter 18.100 General Provisions.
18.100.010 Purpose
 This section is based on existing SMC 17.05.010 Purpose.
The purpose of this code is to establish standards, procedures, and minimum requirements to achieve the
following general intentions and purposes for the city of Stanwood:
(1) To establish regulatory procedures and standards for review and approval of all proposed development in
the city;
(2) To foster and preserve public health, safety, comfort, and welfare, and to aid in the orderly, aesthetically
pleasing, and socially beneficial development of the city, in accordance with the Comprehensive Plan;
(3) To adopt a development review process that is:
(a) Efficient, in terms of time and expense,
(b) Effective, in terms of addressing the natural, historic, and aesthetic resources and public facility
implications of any proposed development, while also protecting and improving the quality of life in the
city, and
(c) Equitable, in terms of consistency with established regulations and procedures, respect for the rights of
all property owners, and consideration of the interests of the citizens and residents of the city;
(4) To implement the Comprehensive Plan of the city by:
(a) Establishing regulations and conditions governing the erection and use of future buildings, structures
and land as specified in the Comprehensive Plan;

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(b) Securing safety from fire, panic, and other dangers;
(c) Lessening automobile congestion of the streets;
(d) Providing for adequate light and air;
(e) Preventing the overcrowding of land;
(f) Planning for population growth and facilitating the adequate provision of transportation, potable water,
wastewater disposal, schools, parks, and other public requirements of the city;
(g) Establishing zoning districts, defining certain terms, designating the uses and intensities thereof that are
permitted in the different districts, and providing lot size and other dimensional and density
requirements;
(h) Establishing performance standards that apply to all new development as well as the redevelopment of
all lands in the city.
(5) To regulate the subdivision of land to ensure that adequate public facilities are provided in developing
portions of the city; to promote coordinated land development; and to require uniform monumenting of
land subdivisions and conveyance by accurate legal description;
(6) To ensure that all development in the city will be served by adequate public facilities;
(7) To require that all new land development activity contribute its proportionate share of the funds, land, and
public facilities necessary to accommodate the impacts that such new development has on public facilities
and services;
 Next line edited from “rational nexus” to “nexus and proportionality.”
(8) To ensure nexus and proportionality exists between the proposed development and project conditions for
which the need is reasonably attributable to the proposed development;
(9) To provide for enforcement of this code;
(10)To minimize and avoid public nuisances by preventing incompatible uses from locating adjacent or within
close proximity to one another, and by conditioning certain uses in particular circumstances, thereby
restricting those aspects of the uses that may be incompatible.

18.100.020 Establishing of Zones
The city of Stanwood is hereby divided into the following zoning districts:

(1) SR (single-family residential) 12.4 zoning district;
(2) SR (single-family residential) 9.6 zoning district;
(3) SR (single-family residential) 7.0 zoning district;
(4) SR (single-family residential) 5.0 zoning district;
(5) MR (multiple-family residential) zoning district;
(6) TN (traditional neighborhood) zoning district;
(7) NB (neighborhood business) zoning district;
(8) DMU (downtown mixed-use) zoning district;
(9) GC (general commercial) zoning district;
(10) PI (planned industrial) zoning district;

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(11) GI (general industrial) zoning district;
(12) POS (parks and open space) zoning district;
(13) PF (public facilities) zoning district.

18.100.030 Purpose and Intent of Zoning Districts
(1) Single Family Residential 12.4 Zone. This designation shall provide for primarily for single-family residential
and accessory dwelling units at a density of 3.5 units per acre.
(2) Single Family Residential 9.6 Zone. This zoning district is intended to provide opportunities for moderate
density residential development with larger lot sizes, and provide standards that encourage reasonable
integration of new and existing residential areas, active and passive recreational facilities and activities that
support these residential communities. The zone also supports public/quasi-public facilities such as
secondary schools, community centers and parks that draw from and support the regional community. This
zone implements the residential medium density land use designation in the Comprehensive Plan. This
designation shall provide for primarily for single-family residential, townhouses, duplexes, triplexes and
accessory dwelling units at a density of 4.5 units per acre.
(3) Single Family Residential 7.0 Zone. This zoning district is intended to accommodate medium density
residential development as infill on smaller lots than in moderate density designations but platted at a
standard that is consistent with the density of the existing residential area, and to provide standards and
uses to encourage reinvestment in and maintenance of existing properties, and provide supportive active
and passive recreational facilities. The zone also allows public/quasi-public uses such as elementary schools,
community centers, parks and community-based recreation facilities that support those uses and serve
more than one residential area. This zone implements the residential medium density land use designation
in the Comprehensive Plan and provides for primarily for single-family residential, townhouses, duplexes,
triplexes, quadplexes and accessory dwelling units at a density of 6-7 units per acre.
(4) Single Family Residential 5.0 Zone. This zoning district is intended to provide standards to maintain the
smaller lot plat pattern of the pre-1940 subdivisions that predominate the areas in this designation;
promote infill, redevelopment and maintenance of property consistent with the historic smaller lot pattern
and older housing stock; provide infill housing at higher density on larger parcels, encourage active and
passive recreational facilities such as community centers, parks and community-based recreation that
support the neighborhood; and allow for public and quasi-public uses that are part of these areas due to this
historic settlement pattern, such as elementary schools that may serve more than one neighborhood. This
zone implements the residential medium density land use designation in the Comprehensive Plan and
provides for primarily for single-family residential, townhouses, duplexes, triplexes, quadplexes and
accessory dwelling units at a density of 9-10 units per acre.
(5) MR (Multi-Family Residential) Zone. This designation shall provide for small lot single family and multi-family
residential development at a range of densities between 10 and 20 dwelling units per acre. Small amounts
of commercial uses such as schools, churches, daycare centers, live-work units, or small office where a full
range of public facilities and services to support urban development exists should be allowed. Generally,
this designation is appropriate for land which is located convenient to principal arterials and to business and
commercial activity centers.
(6) NB (Neighborhood Business) zone. This designation shall comprise retail and service businesses which serve
the limited convenience shopping and personal service needs of the immediate surrounding neighborhood.
(7) TN (Traditional Neighborhood) Zone. The purpose of the Traditional Neighborhood land use designation is to
provide an alternative to typical residential developments. Developments in the Traditional Neighborhood
designation are intended to develop in a higher density, mixed-use fashion more typical of older
neighborhoods. It features requirements for common open space, through streets and a mix of housing

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types. This designation shall provide for residential development at densities of 10-20 dwelling units per
acre. An allowance for commercial development shall also be allowed.
(8) DMU (Downtown Mixed-Use) Zone. The intent of the Downtown Mixed-Use land use designation is to
create a dense, mixed use, pedestrian-friendly shopping environment reminiscent in design and uses to a
turn-of-the-century downtown. This designation generally applies to downtown Stanwood. The purpose of
the Downtown Mixed-Use zoning is to permit a complementary mix of residential and commercial uses in a
single district creating a walkable community. This district allows a combination vertical mixed-use and
horizontal mixed-use, thus creating an area containing mixed-use buildings as well as distinct single-use
buildings in close proximity to each other. Mixed-use buildings, with residential above or behind
commercial/retail space, shall be allowed along the City’s primary streets in downtown (270th Street, 271st
Street, 92nd Avenue, and 88th Avenue). Whereas standalone residential buildings may be permitted on the
secondary streets with no direct access to the primary streets. Developments should be designed so that
shoppers are less dependent on the automobile. In general, zero lot line development shall be maintained
with store fronts and common walls. Parking shall be located on the street or to the rear of buildings. Onstreet parking will be on both sides of the street, and diagonal in the east end. Public parking areas may be
necessary to assist people in leaving their cars and traveling on foot. Within the historic downtown
commercial areas, the City will allow flexible interpretations of standards to encourage re-investment in, reuse and maintenance of structures that display historic period architectural character and scale. The
architectural styles representative of commercial and residential buildings that existed from 1890 through
the 1920s should be maintained.
(9) GC (General Commercial) Zone. This designation comprises more intensive retail and service uses than
described in the Downtown Mixed-Use zone. General commercial uses typically require outdoor display
and/or storage of merchandise that tend to generate noise as part of the operation. Such uses include, but
are not limited to grocery stores, pet stores, drug stores, medical clinics, recreational facilities vehicle sale
lots, tire and muffler shops, and equipment rental. Many of the businesses allowed in the DMU district are
also allowed in this district. This designation is also meant to include the development of high-density multifamily housing including both: 1) vertical mixed use with commercial / retail space on the bottom floor and
residential above; or 2) horizontal mixed-use buildings where commercial building(s) face the street
frontage and standalone multifamily buildings are located behind and setback from the commercial / retail
buildings.
(10) PI (Planned Industrial) Zone. The intent of the Planned Industrial land use designation is to create a district
that permits activities involved in the manufacture, repair, or service of goods, or products that are
conducted with minimal adverse impact on the environment and the general community, as well as retail
and office uses. The PI zone is intended to accommodate a variety of commercial and industrial uses that
complement typical light industrial complexes. Industrial, commercial, commercial or retail business uses
desiring to locate in the PI zone must meet the architectural and performance standards for this district.
The PI uses shall not adversely affect the health and safety of adjacent non-industrial and residential
neighborhoods.
(11) GI (General Industrial) Zone. This designation comprises more intensive industrial type uses than those
permitted in the Planned Industrial zone. Uses in the GI zone require equipment, devices or technology for
the control of odors, dust, fumes, smoke, noise, or other wastes and/or by-products from affecting adjacent
properties. The GI uses shall not adversely affect the health and safety of adjacent non-industrial and
residential neighborhoods. Examples of General Industrial uses include large indoor manufacturing facilities,
automotive repair, construction yards or material storage and the water and wastewater treatment plant.
(12) POS (Parks and Open Space) Zone. The parks and open space zoning designation is applied to lands which
are to be maintained as park space or natural open spaces in perpetuity by the city. Many of these lands
have underlying contractual agreements with either the Washington State Recreation and Conservation

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Office, conservation futures easements, or critical area easements. The POS designation should be applied
to public park properties identified in the city’s parks, recreation and open space plan.
(13) PF (Public Facilities) Zone. This designation is applied to lands that are used as public lands and facilities,
including utilities, schools, railroad, and the wastewater treatment plant.

18.100.040 Establishment and Interpretation of Zoning Maps
 This section is based on existing SMC Chapter 17.15. Retitled to add “interpretation.”
(1) The boundaries and identification of the zoning districts established by this code are shown on the zoning
map which is filed in the office of the city clerk (with copies in the planning department). Said map is hereby
declared to be part of this code as fully as if set out herein.
(2) No building or land may be used and no building may be erected or altered except in conformity with the
regulations herein prescribed for the district designated and identified on the zoning map in which such
building, land, or water is located.
(3) Zoning district boundaries are shown as heavy solid lines on the zoning map and may be superimposed on
lighter lines designating platted lot lines, streets, and other physically identifiable ground features, unless
specific distances in feet or angles, bearings, radii, or other references to a boundary line located are
specified.
(4) Zoning district boundary lines, when located in streets or other public rights-of-way, must be interpreted as
being located in the centerline of such rights-of-way. When distances expressed as linear footage are shown
between a zoning district and a street, the distance must be interpreted as being between said boundary
line and the centerline of said street, unless otherwise specified.
(5) Boundary lines between zoning districts which are interrupted on the zoning map to show street names or
other identification numbers must be interpreted as extending through such identification, unless otherwise
specified.
(6) When the exact location of a zoning district boundary line is not clear, it must be determined by the
Director, with due consideration given to the location as indicated by the scale of the zoning map. When, for
any reason, the streets or alleys as they actually exist on the ground differ from the depiction of said streets
and alleys as they are shown on the zoning map, the planning director may apply the district designations on
the map to the streets on the ground in such manner as to conform to the intent and purpose of this code.
(7) Where a zoning district boundary line shown on the zoning map divides a lot of record, the property owner
has the option of choosing either of the two districts to apply to the entire lot area, or may subdivide the lot
to retain both districts as mapped so long as all of the standards and requirements of the relevant
performance standards can be met.

18.100.050 Rulemaking Authority
 This section is based on existing SMC 17.80.150 Rule making authority. The objective is to provide
rulemaking authority for the entire UDC.
(1) Consistent with the intent of the Comprehensive Plan and this title, the Director may issue written rules as
the Director deems necessary to carry out the provisions of this title. Such rules may include but are not
limited to the following:
(a) Information to be required in the application, including, without limitation, proof of legal interest in the
property, authority to sign the application, drawings, maps, data, and charts concerning land and uses
and areas in the vicinity of the proposed development, and appropriate supplementary data reasonably

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required to describe and evaluate the proposed development and to determine whether the proposed
development complies with statutory criteria under which it might be approved; and
(b) Requirements for the conduct and continuance of public hearings and the methods of providing public
notice on projects and permits.
(2) The Director may administratively determine the format and contents of permits, application forms,
application checklists, additional information needs, and notices above and beyond the minimums set forth
in this code.

18.100.060 Administrative Interpretations
 This section is based on existing SMC 17.80.160 Administrative interpretations, broadened to describe
entire UDC (rather than previously the "zoning code").
 Deleted section about appeals, etc., because that is handled by procedures chapters.
This section establishes the procedure and criteria that the city will use in deciding upon a written request to
interpret the provisions of this title. The interpretation of the provisions of a development agreement or
concomitant agreement will be treated as an interpretation of the unified development code.
(1) Applicability. This section applies to each written request to interpret the provisions of the unified
development code, with the exception of unclassified uses.
(2) Purpose. An interpretation of the provisions of the unified development code clarifies conflicting or
ambiguous wording or the scope or intent of the provisions of the unified development code. A request for a
code interpretation must relate to a specific site, zoning district, classified use, or application within the city
of Stanwood. An interpretation of the provisions of the unified development code may not be used as, or
considered to be, an amendment to the unified development code.
(3) Application Requirements. Any person requesting an administrative interpretation must submit a written
request on a form provided by the city specifying each provision of the code for which an interpretation is
requested, why an interpretation of each provision is necessary, and any reasons or material in support of a
proposed interpretation.
(4) Procedure. An application for an administrative interpretation follows the procedure described in Title 18
Part 2. The Director must interpret the provisions of the unified development code in conformance with this
section.
 Deleted existing paragraph (c) referring to unclassified uses because such uses are not within the
applicability statement of this section.
(5) Timing. An administrative interpretation requested by a person other than the project proponent or
property owner must be requested prior to the date of expiration of any applicable administrative appeal
period for a land use decision on the application to which the request relates. An administrative
interpretation requested after the applicable appeal period may not affect an issued permit or decision.
(6) Factors for Consideration. In making an administrative interpretation, the Director must consider the
following factors:
(a) The applicable provisions of the unified development code, including their purpose, intent, and context;
(b) The impact of the interpretation on other provisions of the municipal code;
(c) The implications of the interpretation for development within the city as a whole;
(d) The applicable provisions of the Comprehensive Plan and other relevant codes and policies; and

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(e) Any applicable state statutes and court decisions.
(7) Effect of Interpretation. An interpretation of the code issued under this section has the same effect as any
provision of the unified development code.
(8) Time Limitation. An administrative interpretation of the code remains in effect until rescinded in writing by
the director or this title is amended to implement or override the interpretation.
(9) All administrative interpretations must be posted on the City’s website.

18.100.070 Violations
 This section is based on existing SMC 17.80.490 Violations. Deleted paragraphs purporting to give unlimited
inspection authorization to city staff, and authorizing withholding permits.
(1) Any person violating any provisions of this title is subject to enforcement per SMC Title 13.
(2) Any building, structure, development, activity, land use, or division of land, not in conformance with this
title and not a legal nonconformance or exempted by a policy governing existing nonconforming structures
or uses, is declared to be unlawful, substandard, and a public nuisance, and is subject to the enforcement
and abatement provisions in SMC Title 13.
(3) The Director must withhold issuance of any occupancy permit until the provisions of this code, including the
conditions on any permit issued thereunder, have been met.
(4) The Director must regularly monitor a permittee’s compliance with the terms and conditions of its project
permit.

Chapter 18.102 Definitions and Rules of Interpretation.
 The definitions that appear below are new material that is necessary to the adoption of new Title 18.
Definitions in existing Chapter 17.20 will be migrated here when Title 18 is completed.

18.102.010 Applicability
(1) The definitions in this chapter apply to terms used throughout Title 18.
(2) Definitions in SMC Chapter 17.20 are being migrated to SMC Chapter 18.102 in the City's new Unified
Development Code. Definitions in SMC Chapter 17.20 remain in effect until repealed and apply to both Title
17 and Title 18. Where definitions in SMC Title 17 conflict with SMC Title 18, the new definitions in SMC Title
18 control for regulations in SMC Title 18.

18.102.015 Rules of Interpretation
 The rules in existing SMC 17.20.005 are now found in SMC Chapter 1.02.
(1) The rules of interpretation in SMC Chapter 1.02 apply to this title.
(2) The word “used” includes designed, intended, or arranged to be used.
(3) Distances must be measured horizontally unless otherwise specified.

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18.102.020 "A" Definitions
18.102.030 "B" Definitions
18.102.040 "C" Definitions
 This definition of cultural resources is based on WAC 365-196-450.
"Cultural resource" means a land, site, or structure that has cultural, historical, archaeological, or tribal
significance, or another traditional cultural property.18.102.050 "D" Definitions
"Department" means the Community Development Department.
"Director" means the Director of Community Development appointed per SMC Chapter 2.08, or the Director's
designee.
"Development permit" means a project permit as defined in this chapter.

18.102.060 "E" Definitions
18.102.070 "F" Definitions
"Fish and Wildlife Habitat Conservation Area" means an area that serves a critical role in sustaining needed
habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the
likelihood that the species will persist over the long term. This area may include, but is not limited to, a rare or
vulnerable ecological system, community, and habitat or habitat elements including seasonal ranges, breeding
habitat, winter range, and movement corridors; and an area with high relative population density or species
richness.

18.102.080 "G" Definitions
"Geologically Hazardous Area" means an area that, because of its susceptibility to erosion, sliding, earthquake,
or other geological events, is not suited to the siting of commercial, residential, or industrial development
consistent with public health or safety concerns.

18.102.090 "H" Definitions
“Habitat Assessment” means a site-specific evaluation to determine the location, extent and function of fish and
wildlife habitat on a property. It involves identifying and analyzing physical, biological, and environmental
factors to determine the habitat's ability to support specific species, biodiversity, and ecosystem processes.
“Habitat Management Plan” Means a mitigation plan that outlines specific actions and practices to conserve,
restore, and enhance habitats to support targeted species, biodiversity, or ecosystem functions.

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18.102.100 "I" Definitions
18.102.110 "J" Definitions
18.102.120 "K" Definitions
18.102.130 "L" Definitions
18.102.140 "M" Definitions
18.102.150 "N" Definitions
18.102.160 "O" Definitions
18.102.170 "P" Definitions
"Project permit" includes the meaning established in RCW 36.70B.020, or any other permit or authorization
required by the Department for construction or exterior alteration of structures (including building permits and
other permits issued pursuant to SMC Title 18), dredging, drilling, dumping, filling, earth movement, clearing or
removal of vegetation, Class IV general forest practices, Class III forest practices with Conversion Option Harvest
Plans as defined in Chapter 222-16 WAC, or other site disturbance; but excluding the adoption or amendment of
a comprehensive plan, subarea plan, or development regulations.

18.102.180 "Q" Definitions
“Qualified professional” means a person with experience and training in a field that is applicable to the work to
be performed by this person. For critical areas qualified professional means:
(1) Wetlands or Fish and Wildlife Habitat: a person with a B.S. or B.A. or equivalent degree in biology,
engineering, environmental studies, fisheries, geomorphology or related field, and two years of relevant
work experience.

(2) Geologically Hazardous Areas: a geotechnical engineer or geologist, licensed in the state of Washington,

with experience analyzing geologic, hydrologic, and groundwater flow systems; or by a geologist who earns
his or her livelihood from the field of geology and/or geotechnical analysis, with experience analyzing
geologic, hydrologic and groundwater flow systems, who has experience preparing reports for the relevant
type of hazard.

(3) Critical Aquifer Recharge Areas: a hydrogeologist, geologist, or engineer, who is licensed in the state of
Washington and has experience in preparing hydrogeologic assessments.

(4) Frequently Flooded Areas: a hydrologist or engineer and who is licensed in the state of Washington with
experience in preparing flood hazard assessments.

18.102.190 "R" Definitions
Review time period: the allowed time for review of a project permit application specified for each type of review
in Table 18.230.020-1, Types of Review and calculated by SMC 18.230.040, Timing of Review.

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18.102.200 "S" Definitions
18.102.210 "T" Definitions
18.102.220 "U" Definitions
18.102.230 "V" Definitions
18.102.240 "W" Definitions
18.102.250 "X" Definitions
18.102.260 "Y" Definitions
18.102.270 "Z" Definitions

Part 2 Applications
 Part 2 is the collection of procedural provisions that is the primary focus of this ordinance.

Chapter 18.210 General Provisions
 This is a new chapter based on existing SMC Chapter 17.80 Article I, General Provisions.

18.210.010 Purpose.
 This is existing SMC 17. 80.100.
In enacting regulations to conform with Chapter 36.70B RCW, the city intends to establish a mechanism for
implementing the provisions of the Growth Management Act regarding compliance, conformity and consistency
of land use development permit review with the city’s adopted Comprehensive Plan and existing development
regulations. In order to achieve this purpose, the city finds that:
(1) Considerable time and effort went into the adoption of the city’s Comprehensive Plan under the mandates
of the Growth Management Act. The Comprehensive Plan and the city’s supporting development
regulations identify land use types, densities, minimum development standards, and mitigation for critical
areas and public impacts. These documents are the foundation for project and environmental review in the
city. The city may not reanalyze these basic land use planning decisions when making a permit decision.
(2) The land use development permit review process must determine consistency between the proposed
project and applicable regulations or plans through an integrated project and environmental impact analysis
that run concurrently with each other, not separately.
(3) This chapter provides a coordinated review of zoning and other development regulations to ensure that
proposed site development complies with the city’s Comprehensive Plan, zoning regulations, public works
standards, and other applicable development regulations.

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18.210.020 Applicability.
 This is existing SMC 17.80.110 Applicability. Deleted section about rulemaking, which is now in 18.100.050.
The provisions of this part apply to all development permits identified in this code and to any related regulation
implementing these provisions or any other ordinance or law.

18.210.030 Permit Required
 This is existing SMC 17.80.120 Permit required, renumbered.
(1) A permit is required for any of the following including but not limited to:
(a) buildings and work not exempt under the adopted building codes;
(b) boundary line adjustments;
(c) subdivisions;
(d) binding site plans;
(e) planned unit developments;
(f) conditional uses or variances;
(g) shoreline substantial development;
(h) site plan review;
(i) signs;
(j) permits or approvals required by critical area ordinances;
(k) permits subject to review under the State Environmental Policy Act (SEPA);
(l) right-of-way encroachment activities per Title 11;
(m) engineering permits (e.g., right-of-way, clearing, grading, filling), and
(n) site-specific rezones authorized by the comprehensive plan or a subarea plan.
(2) No permit or approval may be issued for any parcel of land developed or divided in violation of this title.

18.210.040 Permit Exemptions
 This is existing SMC 17.80.130 Exemptions.
(1) Notwithstanding any provision in this title to the contrary, no permit is required pursuant to this chapter for
the following types of development:
(a) Accessory structures in a residential zone that do not require a building permit according to the most
recently adopted International Building Codes;
(b) Fences;
(c) Adoption or amendment of a comprehensive plan, subarea plan, or development regulations, which are
legislative actions that must be adopted by the City Council by ordinance; and
(d) Annexations, which are processed per Chapter 17.158 SMC.

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(2) Where immediate action by a person is required to protect life and public property from imminent danger,
or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by
natural disaster or serious accident, or in other cases of emergency, the requirement of obtaining a permit
prior to initiating such action under this section may be waived by the Director. The applicant must notify
the Director, in writing, of the type and location of the work, the length of time necessary to complete the
work, and the name of the person or public agency conducting the work. Work must be commenced within
30 days following the disaster, accident, or other emergency. However, this does not preclude the
requirement for building permits for such activity. One 30-day extension may be permitted by the Director if
progress towards project completion is demonstrated.

18.210.050 Fees
 This a new general section.
(1) The City may establish requirements for fees for various types and classes of permits through its adoption of
a fee schedule per SMC 3.20.040.
(2) Fee refunds are allowed per SMC 3.20.100.

18.210.080 Vesting
 This is existing SMC 17.80.210 Vesting.
(1) An application for a project permit, except those which seek variance from land use regulations, must be
considered under the development regulations in effect on the date of a complete application. For purposes
of this section the “date of a complete application” means the date on which the application is deemed or
determined complete.
 Deleted paragraph about determination of completeness, which is handled elsewhere.
(2) Supplemental information required after vesting of a complete application does not affect the validity of the
vesting for such application unless the information is requested because incorrect information was
submitted by the applicant and if the incorrect information would materially affect the final decision on the
application.
(3) An applicant-requested modification occurring either before or after issuance of the permit eliminates
vesting when such modification would result in a substantial change in a project’s review requirements, as
determined by the Director. Under such a condition, the application will be deemed a new application. See
SMC 18.220.040, Application Revision.
(4) Applications for subdivisions that propose to create offspring lots within a parent site comprising existing
detached condominiums or attached townhouses for which a grading or building permit has been issued
vest to the site development requirements and standards in effect at the time such grading or building
permit application was determined to be complete by the city.
(5) Building permits that may be subsequently required to construct or complete a vested site development
permit are subject to the edition of the building code in place at the time of application.
(6) Nothing herein restricts the Director’s authority to impose permit conditions pursuant to the State
Environmental Policy Act (SEPA), Chapter 43.21C RCW and WAC 197-11-600.
(7) Filing an application does not vest the payment of fees. Fees due, including impact mitigation fees,
application fees, or other charges, are those fees in effect on the date the fee is paid in accordance with the
most current city council fee resolution.
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18.210.090 Decision Criteria
 This section is based on existing SMC 17.80.140 Permit approval criteria.
(1) A permit must be granted if the city finds, based on substantial evidence in the record, that the
development is consistent with the goals, policies, requirements and performance standards of the
Stanwood Municipal Code, the street and utility standards, and other applicable laws and regulations.
Consistency must be established by determining if the following four factors have been met:
(a) The type of land use permitted at the site, including uses that may be allowed under certain
circumstances, such as planned unit developments and conditional and special uses, if the criteria for
their approval have been satisfied.
(b) The level of development, such as units per acre or other measures of density, meets the zone for which
it is located, including any density bonus provisions.
(c) Availability and adequacy of infrastructure, public facilities and services needed to serve the
development as identified in the Comprehensive Plan, including but not limited to: transportation,
utilities, parks, and capital facilities.
(d) The character of the development is consistent with all applicable development and design standards.
(2) The project as proposed must incorporate, to the maximum extent feasible, mitigation measures to
substantially lessen or eliminate all adverse environmental impacts of the development.
(3) The project must be connected to the city water, sewer, and stormwater systems.

Chapter 18.220 Applications
 This is a new chapter based on existing SMC Chapter 17.80 Article II, Application Provisions and Procedures.

18.220.020 Pre-application meeting
 This is based on existing SMC 17.80.200 Pre-application meeting.

 Deleted section about pre-app meetings being free; that should be set by fee schedule.
(1) The purpose of a pre-application meeting is for the applicant to provide preliminary information and specific
questions regarding the development proposal, and for the City to provide the applicant with preliminary
information about development requirements, procedural and application requirements (e.g. applications
and fees required), known community concerns (if any), and answers to specific questions asked by the
applicant.
(2) For the city to accurately evaluate the proposed project at the pre-application meeting, the applicant must
provide at a minimum a draft site plan, preliminary grading and critical area plans, and locations of drainage
and utility connections.
(3) At the applicant’s request, a pre-application conference may be scheduled with representatives of the city
planning, engineering, fire and building departments. The purpose of the pre-application process is for the
applicant to provide city staff with the necessary information about the proposed project and site conditions
so that the city can provide the applicant with the requirements that must be met in order to have the
proposed project proceed through the formal permit review process.

Exhibit A

updated 1/8/2025

page 19 of 52

10.31

(4) It is impossible for the meeting to be an exhaustive review of all potential issues. The discussions at the
meeting do not bind or prohibit the city’s future application or enforcement of all applicable laws.
(5) Information provided at the pre-application meeting, including but not limited to conceptual site and civil
construction plans, building concepts, environmental documents or interpretation requests, does not vest a
development.
(6) While pre-application meetings are informational in nature, it is the responsibility of the applicant to ensure
their project meets the minimum requirements of the Stanwood Municipal Code and city street and utility
standards.

18.220.030 Application Contents
 This is based on existing SMC 17.80.220 Submittal requirements.
 New directive to submit applications via online system.

(1) An application for a project permit must provide the information required on the relevant application
checklist provided in this section and be submitted on the forms and using the electronic system provided or
as directed by the Department.
(2) Applications must include:
(a) Scaled Drawings. Site and construction plans drawn to an engineering scale of appropriate size to read
and verify drawing elements.
(b) Plans. Unless waived by the Director, plans must be prepared by a registered engineer, architect,
landscape architect, or land surveyor illustrating the proposed development of the property.
(c) Evidence of Ownership or Legal Interest. An application must be signed by the property owner or an
authorized representative. An authorized representative must demonstrate authorization, on forms
provided by the department, from the property owner to sign and submit the application on behalf of
the property owner.
(d) An accurate address, assessor’s parcel number(s), and legal description of the property subject to the
requested permit.
(e) A statement signed by the applicant stating that the information as shown on the plans, maps, and
application is true and correct. Any failure to comply with the provisions of this section is good cause to
deny the application.
(3) Application and inspection fees must be paid at the time of application as set forth in the fee resolution
adopted by the city council.
 The following is based on existing SMC 17.80.260 Complete application requirements.
(4) Tables 18.220.030-1 and 2 reflect the required components for an application to be determined
procedurally complete.
(a) City of Stanwood requires electronic project application through the portal on the City’s website;
(b) Application materials are marked as “required,” “required upon request,” and “not required”;
(c) Additional information may be required on a case-by-case basis depending on the complexity of the
application; and
(d) Critical Areas review pursuant to SMC Title 18 Part 8 is required when indicated by the tables and when
applicable pursuant to SMC Title 18 Part 8.

Exhibit A

updated 1/8/2025

page 20 of 52

10.32

(5) The Director may waive, in writing, specific application requirements or additional material, such as maps,
studies, or models, when the Director determines that the item:
(a) is not relevant to the proposed project;
(b) is irrelevant based on site conditions; or
(c) is met by existing submitted or adopted documents.
(6) Due to variations in land conditions, similar permits may require different application requirements. To
determine if an element of a permit application is required beyond those noted as “required” in the tables,
contact the Planning Department to schedule a general information meeting.
(7) The application requirements listed in the tables are for City of Stanwood permits only. Additional permits
may be required by other federal, state, regional or local agencies. It is the responsibility of the applicant to
determine whether other permits are required.
(8) In the tables in this section:
(a) Table 18.220.030-1 organizes the types of permits or decisions into groups based on type of review
shown in SMC 18.230.020.
(b) Table 18.220.030-2 shows the required elements of an application for each group of permits.
(c) Items listed in the “Before Final Plat/Certificate of Occupancy” category may be deferred until the time
of final plat or certificate of occupancy.
(d) The  symbol indicates the item that is required for a complete application.
(e) The  symbol indicates the item must be submitted to the Department when code requires or upon
request.

Exhibit A

updated 1/8/2025

page 21 of 52

10.33

 The following tables are reworked and consolidated from the tables in existing SMC 17.80.260.
Table 18.220.030-1 Types of Review and Permit Groups
Group

Types of Permit or Decisions

1A

Zoning Interpretation, Code Enforcement, Home Occupation

1B

Single Family Building Permits (Bldg, Mech, Plumb), Fire, Accessory Dwelling Units, Floodplain, Manufactured Home
Infill, Sign

1C

Multifamily < 39 Units, Commercial / Industrial < 12 K SF, Mixed Use < 19 Units, TN Public Facilities

1D

Wireless Communication Facilities (Small Cell, Co-Located, Minor Modifications)

1E

Parcel Combination, Boundary (Lot) Line Adjustment, Final Plat

1F

Traffic Concurrency Evaluation, Water/Sewer Concurrency Evaluation, Encroachment (ROW), Right-of-Way, Grading

2A

Zoning Interpretation, Code Enforcement, Home Occupation

2B

Minor Variances, Right to Farm, Waiver of 6-Year Forest Practice Moratorium

2C

Multifamily > 40 Units 11, Commercial / Industrial > 12 K SF 11, Mixed Use < 20 Units 11, Reasonable Use, Shoreline
Substantial Development

2D

Binding Site Plans, Short Plats

3A

Appeals – Code Enforcement, Building Code, Administrative Decisions

3B

Conditional Use, Preliminary Plats, Cottage Plat, Offspring Subdivision, Essential Public Facilities, Major Variance,
Shoreline Conditional Use Permit, Shoreline Variance, TN Residential Subdivisions, TN Mixed-Use Development

3C

Forest Practice Waiver - Nonresidential

3D

Wireless Communications Facilities – Mono Pole, Deviation

4A

Development agreements, Site-specific rezones

Table 18.220.030-2 Application Requirements by Permit Group
Application Element

1A

1B

1C

1D

1E

1F











2A

2B

2C

2D







3A

3B

3C

3D

4A









General Application
Permit Application
Written Request from Applicant



Project Narrative































Review Fee 1































Legal Description



















Vicinity Map or Aerial Photograph



















Water/Sewer Availability Letter 2





















































Site Plans
Site Plan 3









Landscape Plan 3







Tree Retention Plan 3







Plat Map 4



Building Plan Set



Building Elevations



Exhibit A



updated 1/8/2025














page 22 of 52

10.34

Application Element

1A

1B

1C

1D







1E

1F

2A

















2B

2C

2D





3A

3B

3C

3D

4A





Civil / Engineering 5
Drainage Report
Traffic Control Plan
Traffic Impact Study 6
Grading and Clearing Plan





Road and Drainage Plans





TESCP (Erosion Control Plan)





Topography (Existing Conditions)





Water / Sewer / Utility Plans





Boundary Line Survey / Map



























































































































Environmental
SEPA Checklist 7
Critical Areas Report / Memo





















Wildlife Habitat Report (floodplain)





















Archaeology / Cultural Report





















Inadvertent Archaeological Discovery Plan





















Geotechnical Report





































Other
Public Notice Materials 8



School Safe Walking Conditions
Assessment







Title Certificate (< 30 days old)







Lot Closures







Boundary Line Affidavit Form



Photo Simulations (WCF)









Before Final Plat/Certificate of Occupancy
Deeds/Easements / Conveyances



Maintenance Agreements for Shared
Facilities



Sureties / Bonds 9



Electronic CAD As-Built Plans








































































Footnotes:
1. See the City of Stanwood Adopted Fee Schedule
2. Water / Sewer Availability must be determined prior to application and letters submitted.
3. See Site Plan Application Requirements for required specifications.
4. See Preliminary Short Plat, Preliminary Plat, Final Short Plat or Final Plat Application Requirements for
required specifications.
5. See Engineering Plan Application Requirements for required specifications.
6. See the City of Stanwood Transportation Study Guidelines to determine the level of traffic study needed.

Exhibit A

updated 1/8/2025

page 23 of 52

10.35

7. See the SEPA Checklist Requirements for Categorical Exemption Thresholds.
8. See Public Notice Materials for requirements.
9. See Sureties/Bond Application Requirements for required specifications.

18.220.040 Application Revision
 This section is new material.
(1) Applicability.
(a) This section applies to applications that have been submitted for review but not for issued permits.
(b) For rules regarding revisions of issued permits, see SMC 18.310.020.
(c) For rules regarding alterations of subdivisions, see SMC Title 16.
 The following line attempts to eliminate any distinction between a “revision” and some other response to
requests for more information. This clarity is important for compliance with the new review time period
requirements.
(d) Any response to the Department’s written request for more information on an application is considered
a revision to the initial application.
(2) Minor revisions authorized.
(a) An applicant may make minor revisions to the application after the determination of completeness. A
“minor revision” to an application includes changes to:
(i) floor plans that do not substantially alter the site plan;
(ii) exterior building configurations that do not create a substantially greater bulk or scale;
(iii) building placement that does not change the general location and layout of the site;
(iv) grading alterations that do not change the basic concept, significantly increase slopes, or building
elevations, or change course of drainage which could adversely affect adjacent or surrounding
properties.
(b) A minor revision does not include:
(i) change in the type of construction (e.g., site-built to manufactured home, wood-frame to steel);
(ii) change in occupancy that requires substantial change to the structure (e.g., garage to ADU).
(3) Any revision other than a minor revision requires a new application, which restarts the applicable Review
Time Period. The Director may authorize fees paid to be refunded per SMC 3.20.100.

18.220.050 Application Withdrawal
 This section is new material.
(1) Applicability. This section applies to any application submitted for review under this Chapter.
(2) An applicant may withdraw an application at any time via notice in writing to the Department. Withdrawal
of an application stops all review. Review of a withdrawn application may not be restarted.
(3) Application fees may be refunded only as allowed by SMC 3.20.100, refunds.

Exhibit A

updated 1/8/2025

page 24 of 52

10.36

18.220.060 Application Expiration
 This section is new material.
(1) Applicability. This section applies to any application submitted for review under this Chapter.
(2) Application expiration.
(a) Unless review is suspended under SMC 18.230.040(3)(b), if the Department requests more information
from the applicant about the application, the applicant has 120 days to respond with the requested
information.
(b) If the applicant does not respond within the required period, the Director may expire the application for
failure to timely submit requested information by providing the applicant with written notice of
expiration.
(c) If the Director expires an application, the applicant must submit a new application, including any
applicable fees, to restart the review process.
(d) The Director may grant one or more 3-month extensions (not to exceed three extensions) if:
(i) a written request for extension is submitted prior to expiration of the application;
(ii) based on information in the request, the Director concludes that the applicant is making reasonable
progress toward submitting the required information;
(iii) in the opinion of the Director, extraordinary circumstances excuse a delayed response.

18.220.070 Applications for Phased Projects
 This is existing SMC 17.80.240 Phased permit applications.
(1) Projects may be completed in phases, provided the phasing meets the requirements of this section and
conforms to the approved phasing plan. The regulations in effect at the time of the original approval
continue to apply.
(2) An applicant must describe and submit site plans that clearly show the various phases or stages of the
proposed development and how the requirements of this title will be satisfied with respect to each phase or
stage.
(3) Each phase must stand on its own in terms of meeting the requirements of the permit and this title. For
example, improvements necessary to support Phase 1 cannot be deferred to be constructed in Phase 2.
(4) The vehicle and pedestrian circulation pattern at the end of each phase must result in a configuration that
does not create traffic hazards and that adequately supports the level of traffic anticipated to be generated
during each phase.
(5) Phased development authorized in one permit may be commenced with separate building permits;
however, each phase must be initiated prior to the overall permit expiration period as provided in Table
18.310.010-1, Permit Terms and Extensions. All construction must conform to the International Building
Code and International Fire Code regulations in force at the time of building permit application.

Exhibit A

updated 1/8/2025

page 25 of 52

10.37

18.220.080 Reapplication
 This section is based on existing SMC 17.80.480 Reapplications.
(1) Reapplication Following Denial of Permit. Whenever an application for a land use permit or a variance is
denied, the same or similar permit application may not be resubmitted for a period of one year from the
date of denial unless the applicant clearly demonstrates that:
(a) The zoning classification or relevant development standards have changed;
(b) New information is available that could not with reasonable diligence have been presented at a previous
hearing; or
(c) The project is modified in such a manner so as to correct the defects on which the original denial was
based.

Chapter 18.230 Review Process
 This is a new chapter based on existing SMC Chapter 17.80 Article III, Permit Review Procedures.

18.230.010 Foundation of Review
 This is existing SMC 17.80.300 Purpose.
It is the intent of this chapter to provide the review procedures for applications and land use actions classified as
Types 1 through 4 permits. These procedures are intended to outline the permitting process once an application
has been submitted.

18.230.020 Types of Review
 This section is based on existing SMC 17.80.230 Permit types and existing SMC 17.80.310 Permit review
process. The narrative descriptions of review types contained within those sections has been removed in
favor of describing the processes in only one place, i.e., the table.
(1) Decisions on permit applications are governed by several types of review processes, described and
distinguished in this section. The types of review are generally organized in ascending order of significance,
amount of public process, and level of discretion exercised by the decisionmaker.
(2) Table 18.230.020-1 identifies the type of review applicable to each type of application or decision and
describes the process for each type of review.
(a) The types of applications and decisions that are subject to each type of review are listed in the first row
beneath the header for each type.
(b) The processes required for each type of review are further described by the remainder of the column
beneath the heading for each type.
(3) The Director must determine the proper review type for all applications consistent with Tables 18.230.020-1
and 18.230.020-2 and this subsection.
(a) Consistent with the integration of environmental review required by SMC 18.230.020, if a project that
would otherwise be characterized as Type 1 requires SEPA review (is not SEPA-exempt), it must be
processed as a Type 2 (or higher) review.

Exhibit A

updated 1/8/2025

page 26 of 52

10.38

(b) See SMC 18.230.030 for the process for consolidation of multiple applications for a single project.
(c) If there is a question as to the appropriate type of process, the Director must resolve it in favor of the
higher-numbered type.
 Next line is based on 17.80.230(1) and (4).
(d) If a permit or land use action is not listed, the Director is authorized to determine the appropriate
review type based on the amount of discretion exercised by the decisionmaker, the level of impact
associated with the decision, the amount and type of public input, and the type of appeal opportunity.
 The table below consolidates existing SMC 17.80.230, Table 1, and existing SMC 17.80.310, Tables 3A and
3B.
 Existing code created a fifth type of review for City Council decisions on street vacations, final plat
approvals, and annexations. Final plat approval, as a ministerial action, is moved to Type 1 per recent
amendment of RCW 58.17.100. Street vacations and annexations are not project permits, are not subject to
the requirements for project permits, and not included in this table.
 Existing code differentiated between the forest practices waiver for the six-year moratorium on
development for single-family residential versus other development. That distinction is no longer supported
by state law, so all forest practice waivers are now Type 2.
 Existing code included a public meeting before the Planning Commission prior to a decision by the Hearing
Examiner for some types of permits. This is contrary to best practice and may be violative of the limitation
in RCW 36.70B for only a single public hearing to be held on a given application. This meeting has been
removed.
 Moved Concurrency Evaluation to Type 1.

 Review time periods under existing SMC 17.80.360 are 120 days for all permits. RCW 36.70B.080, amended
by 2SSB 5290 in 2023, requires local governments to adopt new review time periods specific to various
types of permits. The proposed time periods below are the defaults from the statute, but may be modified,
but “should” not exceed the default time periods.
 Existing code did not clearly distinguish multifamily or commercial/industrial developments at the threshold
levels between review types.
 Deleted existing code “developments with 5+ substantive comments”. This provision is not a best practice,
would make it more difficult to achieve the new statutorily required review periods. Instead permit types
have been listed based on number of units or square footage.

Exhibit A

updated 1/8/2025

page 27 of 52

10.39

Table 18.230.020-1 Types of Review

Applications Subject
to this Type of
Review

Type 1
Director decision
without notice

Type 2
Director decision
with notice

Type 3
Hearing Examiner
decision

• Single-Family
Residential Building
Permits

• Multifamily
Residential Projects
> 40 Units

• Conditional Use
Permit

• Fire Permits
• Multifamily
Residential Projects
≤ 40 Units

• Commercial and
Industrial
Developments
> 12,000 Square Feet

• Commercial and
industrial
development
≤ 12,000 square feet
• Mixed-Use
Developments ≤ 20
Units
• Accessory Dwelling
Unit
• Administrative
Zoning Code
Interpretation
• Boundary Line
Adjustment
• Code Enforcement
• Concurrency
Evaluation
• Encroachment
(ROW) Permit

• Critical areas
variance
• Mixed-Use
Developments > 20
Units
• Minor Variance
• Binding Site Plans
• Reasonable Use
Permit
• Right to Farm
• SEPA Determinations
• Shoreline Substantial
Development Permit
• Short Plats
• Waiver of 6-year
forest practices
moratorium

• Preliminary Plat;
Including PRDs,
Cottage, and
Offspring Subdivision

Type 4
City Council decision
• Development Agreement
• Site-Specific Rezone

• Essential Public
Facilities
• Shoreline CUP
• Shoreline Variance
• TN – Residential
Subdivisions
• Major Variance
• TN –
Commercial/MixedUse Projects
• WCF Monopole
• WCF Deviation
• Code Enforcement
Appeals
• Building Code
Appeals
• Administrative
Appeals

• Floodplain
Development
• Grading
• Home Occupation
• Manufactured Home
Infill
• Parcel Combination
• Public Works
Deviation Requests
• Right-of-Way
Permits
• Sign
• Technical Document
Review
• TN – Public Facilities
• WCF Small Cell
• WCF Co-Located
• WCF Minor
Modification
Pre-App Conference

Optional

Optional

Optional

Optional

Notice of
Application

No

Yes

Yes

Yes

Exhibit A

updated 1/8/2025

page 28 of 52

10.40

Type 1
Director decision
without notice

Type 2
Director decision
with notice

Type 3
Hearing Examiner
decision

Type 4
City Council decision

Standard Comment
Period

None

15 days

15 days

15 days

Shoreline Permit
Comment Period

None

30 days / 2 notices

30 days / 2 notices

30 days / 2 notices

Recommendation
By

None

None

Director

Hearing Examiner

Standard Public
Hearing Notice

None

None

10 days

10 days

Shoreline Public
Hearing Notice

None

None

15 days

15 days

Pre-Decision OpenRecord Public
Hearing

No

No

Yes, held by Hearing
Examiner

Yes, held by Hearing Examiner

Decisionmaker

Director

Director

Hearing Examiner

City Council

Notice of Decision

No

Yes

Yes

Yes

Review Time Period

65 days

100 days

170 days

170 days

Local Appeal To

Hearing Examiner

Hearing Examiner

None

None

Local Appeal
Hearing

Open-Record

Open-Record

N/A

N/A

(4) Exceptions to Table 18.230.020-1:
(a) Default and shoreline comment periods are shown in the table.
(b) For time periods relating to land divisions, see subsection (5) and RCW 58.17.140.
(c) A development agreement is a legislative decision that is not subject to the review time periods.
(d) Default review time periods are shown in the table, with the following exceptions:
(i) SEPA threshold determinations are governed by WAC 197-11-310 and SMC 18.230.070;
(ii) eligible collocation and modification requests for wireless facility services is governed by SMC
17.200.
 The next paragraph’s optional language addresses an advisory group request shown in the Tracking
Amendment Form. The % of dwelling units could be adjusted; the HUD Low Income level is 80% of Area
Median Income and could be adjusted as well. Expediting this review may not be sufficient to incentivize
property owners to execute the covenant required in this section. Also note that as indicated above, a Type
1 review becomes a Type 2 review if the project requires SEPA.
(e) An application for a project permit where the applicant commits to providing at least 50% of dwelling
units in the project to households whose annual household income is at or below the current Low
Income level for the area that includes the City, as established by the United States Department of
Housing and Urban Development, at a rental rate of not more than 30 percent of monthly household
income, may be processed as a Type 1 or Type 2 review depending on SEPA requirements. As a
condition of permit approval, the applicant must be required to execute an affordable housing
agreement that implements this subsection, in a form approved by the Director and City Attorney, and
record it as a covenant running with the land and binding on the applicant, property owner, assigns,
heirs and successors.

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(5) Table 18.230.020-2 identifies the types of review for a land division based on the proposed number of lots,
tracts, or parcels.
Table 18.230.020-2 Types of Review for Land Divisions
Type of Review
Type

Number of lots/tracts/parcels

Preliminary

Final

Alteration

Vacation

Short subdivision

1-9

2

1

2

2

Subdivision

10 or more

3

1

3

2

Binding site plan

1-8 (or in an existing development)

2

n/a

1

2

Binding site plan

9 or more

3

n/a

1 (minor)

2

18.230.030 Consolidation of Review
 This is existing SMC 17.80.250 Consolidated permit review.
(1) If a project action requires more than one project permit, the applicant may elect in writing to have the
applications reviewed under a consolidated permit review process. This includes a combined application
review and approval process covering all project permits requested by an applicant for all or part of a
project action and a designated permit coordinator. If an applicant elects the consolidated process, the
determination of completeness, the notice of application, and notice of final decision must include all
project permits being reviewed through the consolidated permit review process.
(2) When applying concurrently for a development that involves two or more related applications, individual
permit numbers must be assigned and separate permit fees must be paid, but the applications must be
reviewed and processed collectively at the applicant’s request. Consolidated reports setting forth the
recommendation and decision must be issued.
(3) If the applicant elects to have a project reviewed under a consolidated permit process, it must be reviewed
collectively under the highest numbered procedure required for any part of the application.
(4) No hearing or deliberation upon an application that is inconsistent with the existing zoning map may be
scheduled for the same meeting at which the required zoning map amendment will be considered by the
appropriate hearing body. This section is intended to be a procedural requirement applicable to such actions
as noted in RCW 58.17.070.
 The following is new material:
(5) Integration of State Environmental Policy Act (“SEPA”) review.
(a) SEPA review of a project permit application must be combined with review of the underlying application
unless the project is categorically exempt from SEPA. If studies that adequately analyzed a project’s
specific probable adverse impacts have already been performed under another SEPA review process,
then additional or redundant studies may not be required under SEPA.
(b) A project permit application subject to review under SEPA must be reviewed in accordance with the
policies and procedures contained in this title and WAC Chapter 197-11.
(c) Per WAC 197-11-055(4), SEPA review may be performed on a project prior to submittal of a project
permit application, but may need to be performed again as part of review of the permit application
dependent on the level of detail evaluated in the initial review.

Exhibit A

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10.42

18.230.040 Timing of Review
 This section is based on existing SMC 17.80.360 Application review time frames, with updates to comply
with 2SSB 5290 (2023), now codified in RCW 36.70.080. The statute uses the term "time period."
(1) Purpose. RCW 36.70B.070 and 36.70B.080 require time periods be established for review of applications to
ensure applications are reviewed in a timely and predictable manner. This section establishes the time
frames and procedures for issuance of a final decision.
(2) Applicability.
(a) The Review Time Periods identified in Table 18.230.020-1 apply to applications processed under the
corresponding type of review. The Department must complete review of an application within the
corresponding Review Time Period.
(b) The Review Time Periods do not apply if a permit application requires:
(i) An amendment to the Comprehensive Plan or development regulations; or
(ii) Approval of a new fully contained community, master planned resort, or the siting of an essential
public facility; or
(iii) Substantial revisions by the applicant, in which case the time period must start from the date at
which the revised project application is determined to be complete.
 The review time periods shown in the table are the default time periods in the statute. Per RCW
36.70B.080.
 The following text is nearly verbatim from revised RCW 36.70B.080(1)(g), which goes into effect
January 1, 2025.
(3) The Review Time Period is measured from the date of the Department’s determination the application is
complete (see SMC 18.230.050) by counting every calendar day and excluding the following:
(a) Any period between the day that the Department has notified the applicant, in writing, that additional
information is required to further process the application and the day when responsive information is
resubmitted by the applicant;
 Inserted a 12-mo limit on suspension of an application as authorized by RCW 36.70B.080(1)(g).
(b) Any period after an applicant informs the Department in writing that they would like to temporarily
suspend review of the project permit application until the time that the applicant notifies the
Department in writing that they would like to resume the application, up to 12 months;
(c) Any period after an administrative appeal is filed until the administrative appeal is resolved and any
additional time period provided by the administrative appeal has expired;
(d) Any period that review of the application is suspended by the Department pursuant to authorization
elsewhere in this chapter;
(e) Any extension of time mutually agreed upon by the applicant and the city.

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 Next line based on RCW 36.70B.080(1)(h).
(4) The Review Time Period starts over if an applicant proposes a change in use that adds or removes
commercial or residential elements from the original application that would make the application fail to
meet the determination of procedural completeness under SMC 18.230.050 for the new use.
 The following subsection is adapted from RCW 36.70B.080(1)(i), broken into subparagraphs. Note that this
subsection allows for an extension of the maximum review period (a benefit to the Department) but not a
constraint on the applicant’s time to file new information.
(5) The Review Time Period is extended by 30 days any time that an applicant informs the Department in
writing that the applicant would like to temporarily suspend the review of the project for more than 60
days; or if an applicant is not responsive for more than 60 consecutive days after the Department has
notified the applicant in writing that additional information is required to further process the application.
(a) Any written notice from the Department to the applicant that additional information is required to
further process the application must include a notice that non-responsiveness for 60 consecutive days
may result in 30 days being added to the Review Time Period.
(b) For the purposes of this subsection, “non-responsiveness” means that an applicant is not making
demonstrable progress on providing additional requested information to the local government, or that
there is no ongoing communication from the applicant to the local government on the applicant's ability
or willingness to provide the additional information.
(6) Possible Extension of Time for Final Decision. If the city is unable to issue a final decision within the time
limits provided herein, the applicant must be provided written notice of this fact. The notice must include a
statement of reasons why the time limits have not been met and an estimated date for issuance of the
notice of final decision.

18.230.050 Review for Completeness
 This is existing SMC 17.80.320 Notice of completeness, except subsection (1), which is integrated into
proposed SMC 18.102.040, Timing of Review. Note that state law does not allow the department to hold off
issuing determination of completeness based on a desire to request more information than required by the
minimum application contents.
(1) Determination of Completeness. Within 28 calendar days after receiving an application, the city must issue a
written determination of completeness to the applicant which states either: (a) that the application is
complete and the date that it was determined complete; or (b) that the application is incomplete and state
what additional information is necessary to make the application complete.
(2) Additional Information. A permit application is complete for purposes of this section when it meets the
application requirements in SMC 18.220.030.
(3) A determination of completeness must be made when the required submittals are determined to be in a
comprehensible format and contain at least the minimum amount of information to allow review of the
project to progress even though additional information may be required or project modifications may be
undertaken subsequent to initial project review.
(4) The city’s determination of completeness does not preclude the city from requesting additional information
or studies either at the time of the determination of completeness or at some later time.
(5) Incomplete Application Procedure. If the applicant received a determination of incompleteness from the
city, the applicant has 120 days from the date of the determination of incompleteness to submit the
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necessary information to the city. Within 14 calendar days after an applicant has submitted the requested
additional information, the city must prepare a written determination of completeness as described in the
section above, and notify the applicant in the same manner.
(6) If the applicant does not submit the required information within the 120-day period, the Director must
expire the application for failure to submit the necessary information in a timely manner.
(7) City’s Failure to Provide a Determination of Completeness. If, within 28 calendar days of the date of the
submitted application, the city has not provided a written determination of completeness, the application is
deemed complete.

18.230.055 Cultural Resource Review
(1) Applicability. This section applies to an application for any project permit except a permit:
(a) for interior remodeling or tenant improvements only;
(b) that does not involve any ground disturbance;
(c) that does not involve ground disturbance of a depth or area beyond ground that has previously been
substantially disturbed;
(d) that does not involve ground disturbance other than disturbance of imported fill material; or
(e) that concerns an area that has already undergone cultural resource review.
(2) Upon determination that the application is complete, the Department must transmit a notice of the
proposed permitted activity to interested tribal resource agencies. When a Notice of Application is required
pursuant to SMC 18.230.060, the Notice of Application may serve as that notice.
(3) The Department is not required to wait for any particular time period for response from agencies that
require notice under this section, but must consider any such response in its application of SMC Chapter
18.812, Cultural Resources.

18.230.060 Notice of Application
 This section is based on existing SMC 17.80.330 Notice of application.
(1) When required by SMC 18.230.020, the city must issue a notice of application within 14 calendar days after
the city has made a determination of completeness.
(2) The NOA must include:
(a) The date of application and the date of the notice of application;
(b) A description of the proposed project action and a list of the project permits included in the application
and, if applicable, a list of any studies requested under RCW 36.70B.070;
(c) The identification of other permits not included in the application, to the extent known by the city;
(d) The identification of existing environmental documents that evaluate the proposed project, and, if not
otherwise stated on the document providing notice of application, the location where the application
and any studies can be reviewed;
(e) A statement of the limits of the public comment period;
(f) A statement of the right of any person to comment on the application, receive notice of and participate
in any hearings, request a hearing, if applicable, request a copy of the decision once made, and any
appeal rights;

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(g) The date, time, place and type of meeting or hearing, if applicable and if it has been scheduled as of the
date of notice of the application;
(h) A statement of the preliminary determination of consistency, if one has been made at the time of
notice, and of those development regulations that will be used for project mitigation;
(i) A map depicting the boundaries of the project site and, when applicable, a site map showing the
proposal or website address where maps can be viewed;
(j) A statement announcing the city’s goal of complying with the intent of the Americans with Disabilities
Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD
services;
(k) Any other information determined appropriate by the city, such as the city’s threshold determination, if
complete at the time of issuance of the notice of application.
 Existing SMC 17.80.330 Table 5 has been removed because all permits except those that do not require a
notice of application had the same distribution requirements.
(3) Distribution. The Department must distribute the notice by:
(a) Posting at City Hall, the library, and the post office;
(b) Publication in Designated Newspaper;
(c) Electronic mail or first-class mail to:
(i) Adjacent Jurisdictions Within 1/4 Mile
(ii) WSDOT if Adjacent to Highway
(iii) Property Owners Within 300 Feet
(iv) Other Agencies with Jurisdiction
(v) Parties of Record.
(4) All public comments on a notice of application must be received by the community development
department by 4:30 p.m. on the last day of the comment period. Comments may be mailed, emailed,
personally delivered, sent by facsimile or by any online digital method established by the city. Comments
should be as specific as possible.
 Existing table at 17.80.330(5) has been integrated into the Review Type matrix.
(5) No proceeding of any procedure established in this chapter may be found to be invalid for failure to provide
mailed notice as required in this section as long as the other methods of notice have met their respective
requirements and there was a good faith attempt to comply with the mailed notice requirements.
(6) The records of the Snohomish County assessor’s office or title company must be used for determining the
property owner of record. Addresses for a mailed notice required by this code must be obtained from the
Snohomish County real property tax records.
(7) All public notices must be deemed to have been provided or received on the date the notice is deposited in
the mail or personally delivered, whichever occurs first.
(8) As an alternative to mailing the full notice of application, the city may issue a post card notice of application
to adjacent property owners as long as the post card includes the website address where detailed
information on the project is available for viewing.

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18.230.070 SEPA Review
 This is existing SMC 17.80.340.
(1) A SEPA threshold determination or a scoping notice may be issued with a Notice of Development
Application. A final threshold determination of nonsignificance may not be issued until after the expiration
of the public comment period on the notice of application unless the requirements of the optional DNS
process (WAC 197-11-355) are followed. A final determination of significance and a SEPA scoping notice may
be issued with the Notice of Development Application and prior to the expiration of the public comment
period on the Notice of Development Application. Per RCW 36.70B.110(6)(b), for Type 3 and 4 reviews, the
threshold determination must be issued at least 15 days prior to the open-record pre-decision hearing.
(2) If the optional DNS process, as authorized under SEPA and set forth in this section, is used, the responsible
official must:
(a) State on the first page of the notice of application that it expects to issue a DNS for the proposal, and
that:
(i) The optional DNS process is being used;
(ii) This may be the only opportunity to comment on the environmental impacts of the proposal;
(iii) The proposal may include mitigation measures under applicable codes, and the project review
process may incorporate or require mitigation measures regardless of whether an EIS is prepared;
and
(iv) A copy of the subsequent threshold determination for the specific proposal may be obtained upon
request;
(b) List in the notice of application the conditions being considered to mitigate environmental impacts, if a
MDNS is expected;
(c) Comply with the requirements for a notice of application and public notice in RCW 36.70B.110;
(d) Send the notice of application and environmental checklist to:
(i) Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or
political subdivision whose public services would be changed as a result of implementation of the
proposal; and
(ii) Anyone requesting a copy of the environmental checklist for the specific proposal;
(e) If the responsible official indicates on the notice of application that a DNS is likely, an agency with
jurisdiction may assume lead agency status during the comment period on the notice of application in
accordance with WAC 197-11-940 and 197-11-948;
(f) The responsible official must consider timely comments on the notice of application and either:
(i) Issue a DNS or MDNS with no comment period;
(ii) Issue a DNS or MDNS with a comment period;
(iii) Issue a DS; or
(iv) Require additional information or studies prior to making a threshold determination;
(g) If a DNS or MDNS is issued under this section, the responsible official must send a copy of the DNS or
MDNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone
requesting a copy. A copy of the environmental checklist need not be recirculated.

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(3) Any appeal of a determination of significance may proceed in advance of any hearings or appeals of the
underlying project permit. Any appeals of a determination of nonsignificance must be combined with and
processed at the same time as the hearings or appeals of the underlying project permit.

18.230.080 Technical Document Review
(1) Purpose. The purpose of technical document review is to:
(a) Allow for preliminary administrative approval of technical documents required for a project permit
application prior to decision on the land use permit application or other applicable permit application;
(b) Provide predictability in the review process; and
(c) Allow the decision maker to focus on site and building design of projects.
(2) Applicability.
(a) This section may apply to proposed projects requiring any level of review established in SMC
18.230.020.
(b) Technical documents to be reviewed include, but are not limited to:
(i) Critical areas report or associated report including geotechnical report, habitat assessment,
landslide hazard, etc.;
(ii) Traffic report;
(iii) Stormwater report.
(3) Process.
(a) An application for technical document review must be submitted on forms provided by the Department.
(b) Multiple technical documents may be processed under one technical document review application.
(c) An application for technical document review may be processed independently or in a consolidated
process with the associated project permit application, consistent with SMC 18.230.030.
(i) A technical document review submitted independent of an associated project permit application
must be completed prior to approval or review by decisionmaker of an associated project permit
application.
(ii) The notice of decision for independently submitted technical document reviews must be included in
the staff report to the decision maker on the land use application.
(iii) The decisionmaker on a project permit application for which technical document review has already
been completed may not vary from the decision on the technical document review unless the
decisionmaker finds that a change in conditions or the proposal make the technical document
review invalid or inapplicable.
(d) Review will be conducted by subject matter experts and City staff.

18.230.090 Staff Review
 This is existing SMC 17.80.350 Project review with the exception of existing subsection (3), which moved
elsewhere.
(1) Project Analysis. Upon determination that the proposed project is consistent with the adopted development
regulations and standards a single staff report must be prepared that consolidates all land use development
permit recommendations or decisions. The report must state any mitigation required or proposed under the

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development regulations or through SEPA. If a threshold determination, other than a determination of
significance, has not been previously issued by the city, the report must include or append the SEPA
threshold determination for the project. The SEPA threshold determination must be issued at least 15
calendar days prior to the opening of a public hearing.
(2) Insufficient Information. If, upon review of a complete application, the city finds that additional information
is necessary or corrections are required to be made to the plans to be consistent with city codes and
regulations, the city must write a letter to the applicant detailing the necessary corrections. The applicant
has 120 calendar days from the date of the letter requesting additional information to submit the necessary
information to the city. If the applicant does not submit the required information within 120 calendar days,
the application lapses for failure to submit the necessary information in a timely manner, and the Director
must document that the application has lapsed for failure to submit the necessary information in a timely
manner and expire the application. The director may allow for an extension to submit the required
information per SMC 18.220.060.
 This following subsection is based on a provision in SB 5290 (2023), now codified at RCW 36.70B.160(1)(j),
which creates the process described below. The statute is ambiguous as to whether the meeting need only
be “scheduled” or held within 14 days.
(3) Requests for additional information or corrections.
(a) If the Department twice requests additional information or corrections during application review, the
Department must offer the applicant a meeting with Department staff to resolve outstanding issues. The
meeting must be scheduled within 14 days of the second request for corrections.
(b) If the meeting cannot resolve the issues and the Department requests additional information or
corrections a third time, upon receiving the additional information or corrections and upon the request
of the applicant, the Department must forward the application to the next step in the review process,
i.e., the recommending body or decisionmaker, for decision on the application.
(c) Nothing in this section affects the timelines for application expiration in SMC 18.220.060.

18.230.100 Public Hearing
 This is existing SMC 17.80.370 Public meetings and public hearings. State law limits a local government
permit process to a single open-record public hearing, regardless of what it is called, so the "public
meetings" are proposed for deletion in this rewrite.
(1) Public Hearing. The purpose of a public hearing is to provide decision makers with an opportunity to obtain
additional information and to provide the public with an opportunity to introduce that information and to
make their views known. A public hearing is required when this chapter or state law requires a hearing.
When a hearing is required, the following applies:
(a) A verbatim record must be kept;
(b) Those present must be given the opportunity to testify under oath;
(c) The hearing authority must be allowed to ask questions of those testifying;
(d) The hearing must be conducted to ensure fairness to all parties;
(e) The hearing authority may subpoena witnesses; and
(f) A hearing may be kept open to take additional information up to the point a final decision is made. No
further notice of a continued hearing need be published unless a period of six months or more elapses
between meeting dates.

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(2) A notice of public hearing must include the following information:
(a) The date, time, and place and/or manner of the meeting or hearing.
(b) Location of the site.
(c) A brief description of the request, and any proposed modifications or variances.
(d) Applicant’s name.
(e) Project name and file number and a statement of its availability for inspection by the public.
(f) A statement of the right of any person to submit written testimony to the appropriate permit-issuing
authority and to appear at the public hearing to give testimony orally.
(g) A statement that only persons who submit written or oral testimony to the permit-issuing authority may
appeal the decision.
(h) A statement announcing the city’s goal of complying with the intent of the Americans with Disabilities
Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD
services.
(3) Burden of Proof/Testimony.
(a) The burden of presenting evidence to the permit-issuing entity sufficient to lead it to conclude that the
application should be approved, conditioned, or denied is on the applicant. Unless otherwise specified in
statute or ordinance, the standard of proof is the preponderance of the evidence.
(b) All persons in attendance that wish to testify must be sworn in.
(c) All findings and conclusions necessary to the issuance of a decision must be based upon reliable
evidence.
(4) Joint Public Hearings.
(a) Approval Authority’s Decision to Combine Joint Hearing. At the applicant’s request, the approval
authority may combine any public hearing on a permit application with any hearing that may be held by
another local, state, regional, federal, or other agency, on the proposed action, as long as:
(i) The hearing is held within the city limits; and
(ii) The requirements of RCW 36.70B.110(7) are met.
(b) Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit
application be combined as long as the joint hearing can be held within the time periods set forth in this
chapter. In the alternative, the applicant may agree to a particular schedule if that additional time is
needed in order to complete the hearings (RCW 36.70B.110(7)).
(c) Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state,
regional, federal or other agency and the city, as long as:
(i) The other agency is not expressly prohibited by statute from doing so (RCW 36.70B.110(8));
(ii) Sufficient notice of the meeting or hearing is given to meet each of the agencies’ adopted notice
requirements as set forth in statute, ordinance, or rule;
(iii) The agency has received the necessary information about the proposed project from the applicant
in enough time to hold its meeting or hearing at the same time as the local government hearing; and
(iv) The meeting or hearing is held within the geographic boundary of the local government.
(5) Record.

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(a) Electronic recordings must be made of all hearings required by this chapter, and such recordings must
be kept for at least two years. Accurate minutes must also be kept of all such proceedings, but a
transcript need not be made. The written decision of a hearing examiner meets the requirement for
minutes of the hearing examiner public hearing.
(b) Whenever practicable, all documentary evidence presented at a hearing, as well as all other types of
physical evidence, must be provided to the city in digital form, made a part of the record of the
proceedings, and kept by the city for at least two years.

18.230.110 Hearing Examiner procedures
 This section is existing SMC 17.80.380 Hearing examiner procedures with the exception of (3) which is
inserted here.
(1) Any person may participate in a hearing examiner public hearing by submitting written comments to staff
prior to the hearing or by submitting written comments or making oral comments at the hearing. Any party
may be represented by an agent or attorney.
(2) The department must transmit to the hearing examiner a copy of the department file on the application
including all written comments received prior to the hearing and information reviewed by or relied upon by
staff. The file must also include information to verify that the requirements for notice to the public (notice of
application and notice of SEPA threshold determination) have been met.
 The following subsection is existing SMC 17.80.380 and 381 Report of department.
(3) Department report.
(a) The Director is responsible for the preparation of a report to the hearing examiner that summarizes the
factors involved and the department’s findings and recommendations. Comments, reports, and
recommendations from other departments, advisory boards and commissions, and agencies must be
coordinated and assembled among departments and agencies in preparation of the report.
(b) At least seven calendar days prior to the scheduled hearing, the report must be filed with the hearing
examiner and made available for public inspection at City Hall. A copy must be mailed to the applicant.
(4) The department must create a complete record of the public hearing including all exhibits introduced at the
hearing and an electronic sound recording of each hearing.
(5) The hearing examiner must approve a project or approve with modifications if the applicant has
demonstrated that the proposal complies with the applicable decision criteria of this code. The applicant
carries the burden of proof and must demonstrate that a preponderance of the evidence supports the
conclusion that the application merits approval or approval with modifications. The hearing examiner may
remand an application to staff for revision. In all other cases, the hearing examiner must deny the
application.
(6) If the hearing examiner requires a modification which results in a different proposal not reasonably
foreseeable from the description of the proposal contained in the public notice provided, the hearing
examiner must conduct a new hearing on the modified proposal.
(7) The hearing examiner may include conditions to ensure a proposal conforms to the relevant decision
criteria.
(8) The hearing examiner must within 10 business days following the close of the record, unless a longer time
period is agreed to on the record by the applicant/appellant, issue a written report supporting the decision.

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The hearing examiner’s written report must be distributed to parties of record electronically or in paper
form by the community development department. The report must contain the following:
(a) The decision of the hearing examiner;
(b) Any conditions included as part of the decision;
(c) Findings of fact upon which the decision, including any conditions, was based and the conclusions
derived from those facts; and
(d) A statement explaining the process to appeal the decision of the hearing examiner to superior court.
(9) Reconsideration Period. Any person who presented or commented at the hearing may file a written request
with the hearing examiner for reconsideration within 10 business days of the date of the hearing examiner’s
decision. The request must explicitly set forth alleged errors of procedure or fact. The examiner must
request comments from affected parties of record and reviewing city departments on the request for
reconsideration. Comments must be received within 14 business days. The hearing examiner must act within
10 business days after the close of the comment period by denying the request, issuing a revised decision, or
calling for an additional public hearing. A reconsideration request for which one of the actions specified
above has not been taken within the required time period must be deemed to have been denied.
(a) The grounds for reconsideration are limited to the following:
(i) The hearing examiner exceeded their jurisdiction;
(ii) The hearing examiner failed to follow the applicable procedure in reaching their decision;
(iii) The hearing examiner committed an error of law or misinterpreted the applicable city regulation,
ordinance or other state law or regulation;
(iv) The hearing examiner’s findings, conclusions and/or conditions are not supported by the record;
and/or
(v) Newly discovered evidence alleged to be material to the hearing examiner’s decision which could
not reasonably have been produced prior to the hearing examiner’s decision.
(b) The examiner’s action following reconsideration is not subject to further requests for reconsideration.
(10)Proceedings before the hearing examiner must conform with the hearing examiner’s rules of procedure.

18.230.120 Decision
 The following subsection is from existing SMC 17.80.350(3).
(1) Applications may be approved, approved with conditions, or denied. For those permits subject to review by
the hearing examiner, the examiner may remand an application to staff for further review. If an application
for a permit is denied, the applicant may not submit another application for development of the same
property sooner than one year after the date of such denial.
(2) Following the completion of any hearing, procedure, or administrative decision, the permit application must
be:
(a) approved;
(b) approved with conditions;
(c) remanded; or
(d) denied.

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18.230.130 Notice of Decision
 This is existing SMC 17.80.385 Notice of final decision, with the exception of existing subsection (1), which
moved above.
(1) Where required by SMC 18.230.020, the Department must prepare a Notice of Decision within five calendar
days of a decision.
(2) Contents. The notice of decision must include:
(a) the final determination of approval or denial of the project,
(b) a statement of any threshold determination made under SEPA, and
(c) the procedure to appeal the notice of decision.
(3) When a notice of decision is not required by SMC 18.230.020, a memorandum or completed project
checklist must be placed in the permit file containing findings describing how the application was
consistent/inconsistent with applicable zoning regulations and development standards.
(4) When a notice of decision is required by SMC 18.230.020, the notice must mailed or emailed to all parties of
record, including the applicant and each person who participated in the public hearing or who submitted
comments during the public comment period at any time prior to issuance of the decision.
(5) For shoreline permits, the director must notify the following persons in writing of its final approval or
disapproval of a shoreline conditional use permit or shoreline variance:
(a) The applicant.
(b) The Department of Ecology.
(c) Any person who has submitted written comments on the application.
(d) Any person who has written to the hearing examiner requesting notification.
(6) If the city is unable to issue its notice of decision within the allotted time frame, it must provide written
notice to the project applicant including the reasons the time limits have not been met and an estimated
date for issuance of the notice of decision.
 Exclusions for time limits has been moved to 18.230.040.

Chapter 18.240 Appeals and Reconsideration
 This is a new chapter based on existing SMC Chapter 17.80.390.

18.240.010 Local Appeal
 This is new material.
(1) Applicability. This section applies to local appeals of decisions on permit applications when allowed by SMC
18.230.020.
(2) Standing. Only the following parties have standing to file an appeal:
(a) the City;

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(b) the applicant; and
(c) a party of record.
 The appeal period length is set at 14 days by RCW 36.70B.110(6)(d) and (9).
(3) Time to file. An appeal is timely only if it is:
(a) Filed within 14 days (5 working days for shoreline permits) after the written notice of decision is mailed
or the building permit is issued; and
(b) Accompanied by the required appeal fee.
(4) Method of service. An appeal must be delivered to the Department before 4:30 p.m. on the last business
day of the time to file by mail, personal delivery, or in an electronic method prescribed by the Department.
An appeal received by mail after that deadline will not be accepted, regardless of when the appeal was
mailed or postmarked.
 The following is existing SMC 17.80.390 Appeals with the exception of the subsection on standing, which is
addressed above, and the appeal procedures table 7.
(5) Processing of Appeals. Appeals of decisions on permits must be processed according to the procedures
outlined in this section. The decisionmaker on the appeal may reverse or affirm or modify the decision, if it
is found the original decision was based on faulty facts or incorrect application of the law. Any modifications
to the decision must be limited to those necessary to ensure the decision criteria of this title are met.
(6) Effect of Appeal. Application decisions are assumed valid unless overturned by an appeal decision. An appeal
stays all actions by the Director seeking enforcement of or compliance with the order or decision appealed
from, unless the Director finds that a stay would, in their opinion, cause imminent peril to life or property, in
which case proceedings must not be stayed except by order of the hearing examiner, Shorelines Hearings
Board or a court with jurisdiction.
(7) Consolidated Appeals. All appeals of permit application decisions, other than an appeal of determination of
significance (DS), must be considered together in a consolidated appeal (RCW 36.70B.060(6), 43.21C.075).
(8) SEPA Appeals. Appeals may only be of the determination of nonsignificance or mitigated determination of
nonsignificance, or final determination if issued. See SMC 18.230.070 for SEPA and agency decisions.
(9) Content of Appeal. Appeals must be in writing on forms provided by the Department, be accompanied by an
appeal fee as outlined in the city’s most current fee resolution, and contain the following information:
(a) Facts demonstrating that the person is adversely affected by the decision;
(b) A concise statement identifying each alleged error and the manner in which the decision fails to satisfy
the applicable decision criteria;
(c) The specific relief requested; and
(d) Any other information reasonably necessary to make a decision on the appeal.
(10) Notice of Appeal. A hearing before the Hearing Examiner, must be set and the hearing notice must be
mailed or emailed to the appellant, the applicant, and all parties of record no less than 10 days prior to the
appeal hearing.
(11) Public Hearing. The hearing examiner must conduct an open record hearing. The appellant, the applicant,
and the city are indispensable parties to the appeal. Each party may participate in the appeal hearing by
presenting testimony or calling witnesses to present testimony. Interested persons, groups, associations, or
other entities who have not appealed may participate only if called by one of the parties to present

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information or to present testimony. The examiner may allow nonparties to present relevant testimony if
allowed under the examiner rules of procedure.
(12) Decision on Appeal. The hearing examiner must issue a written decision to grant, grant with modifications,
or deny the appeal. The hearing examiner may grant the appeal or grant the appeal with modification if:
(a) The appellant has carried the burden of proof; and
(b) The examiner finds that the decision is not supported by a preponderance of the evidence.
(c) The hearing examiner must accord substantial weight to the decision of the applicable department
director.
(13) Decision of Appeal. The city must issue a written decision of appeal within 10 business days of the Hearing
Examiner’s decision to the parties of record disclosing whether the appeal is upheld or denied.

18.240.020 Exhaustion of Administrative Remedies
 This is a new section replacing SMC 17.80.390(12) and (13).
(1) To exhaust administrative remedies, an appellant must file and complete the local appeal process identified
in SMC 18.230.020 for the relevant type of review.
(2) No further local appeal is available when the appeal allowed in SMC 18.230.020, if any, has been heard and
a decision on the appeal (other than a remand) has been issued.
(3) A request for reconsideration is not required to exhaust administrative remedies. If a request for
reconsideration is timely filed, the time for filing a petition for further (non-local) review does not
commence until the decisionmaker or appellate body disposes of the petition for reconsideration.
 The following is the second half of existing 17.80.390(13).
(4) The cost of transcription of all records ordered certified by the court for such review must be borne by the
appellant. A copy of each transcript prepared by an appellant must be submitted to the city for confirmation
of its accuracy.

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Part 3 Permits
 This proposed title emphasizes the distinction between "applications" and "permits," which are different in
a number of important ways. For example, applications and permits have different timelines. The
Department is obligated to process "applications" within specified time periods, but once the application is
approved and the permit is issued, the burden switches to the permitholder to consider its timelines.
 Additional chapters in this Part will describe conditional use permits and variances.

Chapter 18.310 Permits Generally
 This is a new chapter based on existing SMC Chapter 17.80 Article IV, Post Permit Requirements.

18.310.010 Permit Terms, Extension, and Expiration
(1) Applicability. This section applies to issued project permits, which is an authorization to perform the work or
establish the use identified in the permit. After the expiration of the permit, legally established uses that
become non-conforming are governed by the non-conforming uses provisions of Unified Development
Code.
(2) Initial term.
(a) A permit is valid for the initial term shown in Table 18.310.010-1 unless extended by the Director.
(b) A permit's initial term is measured from the date of project or permit approval (as specified in the
Notice of Decision, if one is required), except that if the decision is appealed, the effective date is the
date of decision on appeal. The initial term for a shoreline permit commences on the effective date of
the permit as defined in WAC 173-27-090.
 The following subsection (3) is based on existing SMC 17.80.395 Expiration of approvals and approved
permits.
(3) Extension. The Director may extend a permit the number of times shown in Table 18.310.010-1, for the
length of extension indicated, only if all of the following criteria are met:
(a) The applicant submits a written request on forms provided by the Department at least 30 days prior to
expiration of the permit;
(b) Any applicable fee has been paid;
(c) The permittee has proceeded with due diligence and in good faith;
 Note, prior language was "The zoning designation of the property has not changed;"
(d) The use remains a permitted use in the zone;
 Next line is added to address limitations of Snohomish County v. Pollution Control Hearings Board (2016).
(e) The extension is not prohibited by requirements of state or federal law;
(f) Proper justification consists of one or more of the following conditions:

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(i) Economic hardship;
(ii) Change of ownership;
(iii) Unanticipated construction, or site design problems, or both;
(iv) Other circumstances beyond the control of the applicant and determined acceptable by the
appropriate department director.
 The following subsection (4) is new material.
(4) Expiration.
(a) A permit issued under this title will expire if, on the date the permit expires, the permitholder has not
performed the work indicated in Table 18.310.010-1 or fulfilled the requirements of the applicable
permit.
(b) Exception. The initial permit term does not include the time during which a permit was not actually
pursued by construction because of pending litigation related to the permit or because the applicant
was diligently pursuing permits from other agencies necessary for construction.
 The following table is based on Table 8 in existing SMC 17.80.395.
Table 18.310.010-1 Permit Terms and Extensions
Type of Permit

Initial Term

Number of
Allowed
Extensions

Length of
Allowed
Extension

Subdivision

5 years

1

1 year

Short Subdivision

5 years

1

1 year

Shoreline Permit

2 years

1

1 year

Conditional Use Permit

2 years to establish the use

0

N/A

Variance

2 years to establish the use

0

N/A

All other Type 1 Permits

1 year

1

1 year

All other Type 2-4 Permits

2 years

1

1 year

18.310.020 Permit Revision.
 This is existing SMC 17.80.420 Permit modifications.
(1) Minor Modifications to an Approved Permit. Minor modifications to a permit may be permitted by
administrative decision. To be considered a minor modification, the amendment must not:
(a) Involve more than a 10 percent increase in area or scale of the development in the approved site
development plan; or
(b) Have a significantly greater impact on the environment and facilities than the approved plan; or
(c) Change the boundaries of the originally approved plan.
(2) Major Adjustments to an Approved Permit. Major adjustments to an approved permit will require a new
application. The review and approval rest with the approval body which approved the original permit. Major
adjustments involve a substantial change in the basic site design plan, intensity, density, use, and other
zoning code issues and generally involve more than a 10 percent change in area or scale.

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18.310.030 Civil Construction Plans
 This section is based on existing SMC 17.80.400 Construction plan approvals.
(1) Final civil construction plan applications may be submitted with the land use entitlement permit or after the
land use entitlement permit process has been completed. At a minimum the 30 percent design plans must
be submitted with the land use entitlement application. To obtain civil construction plan approval, the plans
must be consistent with the Stanwood Municipal Code and the street and utility standards.
(2) Approval of final civil construction plans is exempt from the application review processes described in SMC
Title 18 Part 2.
(3) Construction must begin on a building permit issued prior to the expiration times outlined in Table
18.310.010-1, Permit Terms and Extensions. If work has not begun prior to expiration of the land use
entitlement permit, all plans must be resubmitted and comply with the current code requirements.

18.310.040 Inspections
 This is existing SMC 17.80.410 Inspections.
(1) Once a permit is issued, inspections are required to verify that the construction or work is being done in
accordance with the approved plans. Site inspections include, but are not limited to: erosion control, critical
area protection, grading, pavement, roadway and sidewalk improvements, drainage, utility installation,
parking and landscaping. The project applicant is responsible for ensuring all inspections have been
conducted pursuant to city requirements.
(2) Final project approval may not be given, whether a final plat approval or certificate of occupancy, until all of
the required site improvements have been inspected, bonded and approved by the city inspector.

18.310.050 Effect of Decisions
 This is existing SMC 17.80.430 Effect of decisions.
(1) No Occupancy or Use of Property Until Requirements Fulfilled. Issuance of a land use permit authorizes the
recipient to commence construction activity, subject to obtaining appropriate building or construction
permits, designed to support the approved land use. Actual occupancy or use of the approved land use may
not occur until all requirements of the permit have been satisfied.
(2) Transfer of Permit and Permit Applications to Successors and Assigns. Active land use permits and pending
land use permit applications, including subdivisions, run with the land and therefore are transferable to new
owners.

18.310.060 Certificate of Occupancy
 This is existing SMC 17.80.440 Certificate of occupancy.
(1) No land area must be occupied or used and no building hereafter erected or altered may be occupied or
used in whole or in part for any purpose whatsoever until an occupancy permit has been issued by the
building official, stating that the premises, building, or other development complies with all provisions of
this code. Minor exceptions include:
(a) Cases of alteration that does not require vacating the premises;

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(b) Cases where parts of the premises are finished and ready for occupancy before the completion of the
alteration; or
(c) In the case of a new structure, before its completion, a conditional occupancy permit may be issued.
(2) No change, extension of use, or alteration may be made to a nonconforming use without a building permit
having first been issued by the building official that such change, extension or alteration is in conformity
with the provisions of this code.
(3) Within 10 days from the date that an applicant requests that an occupancy permit be issued on his/her
development project, the building official must render a decision as to whether or not said occupancy
permit is to be issued. If the decision is not to issue the occupancy permit, the building official must so notify
the applicant including the reasons for denial of the permit. If no occupancy permit has been issued within
10 working days of the written request thereof, and the building official has not informed the applicant of
approval or denial, in writing, it must be deemed that the building official approves the request and the
applicant may legally occupy the premises.

18.310.070 Vacation of Permit
 This is existing SMC 17.80.460 Vacation of approved permits.
(1) A request to vacate a permit or variance must be made in writing to the Department.
(2) The Director may vacate the permit or variance if the following conditions are present:
(a) The use authorized by the permit or variance does not exist and is not actively being pursued; or
(b) The use has been terminated and no violation of the terms and the conditions of the variance or permit
exists.

18.310.080 Assurance Devices
 This is a new section with material imported from the critical areas code and Skagit County Code 14.06.530.
(1) The City may condition a permit approval to require the posting of a performance bond, maintenance bond,
or other surety to ensure that the approval conditions are met to the satisfaction of the City.
(2) The City may, upon request, allow or require the applicant to provide other suitable security, including but
not limited to cash deposits, bonds, and assignment of banking accounts.
(3) The City may impose a reasonable administrative fee to cover the City’s costs of administering a bond or
other security when such device is requested by the applicant. This fee may not be imposed when the City
requires the provision of a particular form of bond or suitable security. Administrative fees may be
proportional to the total amount of the bond or other suitable security.
(4) If the improvements have not been constructed or maintained at the conclusion of the performance period,
the City may pursue the bond funds to complete or maintain the improvements.
(5) Assurance devices to ensure mitigation.
(a) An applicant may submit a request to defer installation of any, or a portion of, their mitigation as
required by their permit approval where it is not feasible, practical, or effective prior to the City’s final
permit approval only when:
(i) seasonal or environmental factors affecting site conditions would result in low probability of plant
survival;

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(ii) project impacts occur in stages, and mitigation is only needed to align with specific phases of the
project; or
(iii) compliance with regulatory requirements involves consultations or approvals from other agencies
and cannot be finalized at the time of project approval.
(b) If approval is granted by the City, the applicant must provide financial assurance consistent with this
section.
(c) Deferral may only be granted for up to 6 months, with one 6-month extension if the applicant provides
reasonable justification for the delay.

Chapter 18.320 Conditional Use Permits
 This chapter is based on existing SMC Chapter 17.40.

 Deleted section on fees, which is now covered by a general fee section.

18.320.010 Purpose.
The purpose of conditional use permits is to allow certain uses in districts where they are normally prohibited by
this title, when the proposed uses are deemed consistent with other existing and potential uses within the
general area of the proposed use. Except as provided in this section, a conditional use permit may not reduce
the requirements of the zone in which the use is to be located.

18.320.030 Review process.
An application for a conditional use permit is reviewed subject to the procedures in SMC Title 18 Part 2.

18.320.040 Applicant’s responsibility.
The application must set forth fully the grounds and the facts justifying the granting of the conditional use
permit consistent with the decision criteria in this chapter.

18.320.060 Decision criteria.
 Revised “community need” to "community compatibility" and changed criteria. Denying an application on
community need may give rise to liability.
(1) To approve an application for a conditional use permit, an applicant must demonstrate compliance with all
of the following criteria:
(a) Zoning Compatibility. The proposed use must be compatible with the general purpose and intent of the
zoning district as described in Chapter 17.10 SMC, Establishment of Zoning Districts.
(b) Community Compatibility: The use will not have a substantively greater adverse effect on the health,
safety or comfort of persons living or working in the area than those generally permitted in the district.
In the determination of community compatibility, the reviewing official must consider the following
factors:
(i) Hours and manner of operation, such as dust, odor, fumes and vibration do not impact adjacent
properties;
(ii) Existing infrastructure, such as roads, utilities, and parks, can accommodate the proposed use
without degrading the adopted level of service standards; and

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(iii) The proposal’s impacts can be appropriately mitigated through the application of conditions of
approval, as applicable.
(c) Effect on Adjacent Properties. The proposed use at the proposed location may not result in substantial
or undue adverse effects on adjacent property. The following factors must be considered:
(i) Compatibility. The proposed use must be compatible with the scale and character of the
neighborhood.
(ii) Traffic. Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and
surrounding area must be reviewed for potential effects on, and to ensure safe movement in, the
surrounding area.
(iii) Noise and Glare. Potential noise, light and glare impacts must be evaluated based on the location of
the proposed use on the lot and the location of on-site parking areas, outdoor recreational areas
and refuse storage areas.
(iv) Landscaping. The decisionmaker may require additional landscaping to buffer adjacent properties
from potentially adverse effects of the proposed use.
(v) Public Improvements. The proposed use and location must be adequately served by and not impose
an undue burden on any public improvements, facilities, utilities and services. Approval of a
conditional use permit may be conditioned upon the provision or guarantee by the applicant of
necessary public improvements, facilities, utilities, and services.

18.320.070 Additional conditions.
 These cross-references will be updated by the code reviser when we update Title 17.
(1) Additional conditions for bed and breakfast uses in single-family residential zones are set forth in SMC
17.100.060.
(2) Additional conditions for school uses in single-family residential zones are set forth in SMC 17.100.070.
(3) Additional conditions for wireless communications facilities are set forth in Chapter 17.220 SMC.
(4) Additional conditions for ball parks, athletic fields, parks, playgrounds, community centers, houses of
worship and meeting halls in residential zones are set forth in SMC 17.100.050.
(5) Additional conditions for marijuana retailers are set forth in SMC 17.100.045.

Chapter 18.330 Variances
 This chapter is based on existing SMC Chapter 17.35.

 Deleted section on fees, which is now covered by a general fee section.

18.330.010 Purpose
 Based on a portion of existing SMC 17.35.010 Purpose and applicability.
 Modified to “unnecessary AND UNUSUAL hardship.”

A variance is a mechanism by which relief may be granted from selected provisions of this title where
compliance with those provisions renders an unnecessary and unusual hardship.

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18.330.020 Applicability
 Based on a portion of existing SMC 17.35.010 Purpose and applicability.
Variances may be granted from the strict application of any land dimension, density, or height requirements of
this title due to exceptional narrowness, shallowness, shape, or substandard size of specific parcels of property,
or by reason of exceptional topographic conditions or other extraordinary situations or conditions of specific
parcels of property.

18.330.040 Review process.
An application for a variance is reviewed subject to the procedures in SMC Title 18 Part 2.

18.330.050 Applicant’s responsibility.
The application must set forth fully the grounds and the facts justifying the granting of the variance or
administrative variance permit consistent with the decision criteria in this chapter.

18.330.060 Types of variances
 This section is based on existing SMC 17.35.070 Administrative variances.
(1) Variances are either minor or major and are subject to the type of review shown in SMC 18.230.020.
(2) A major variance is any variance other than a minor variance.
(3) A minor variance is a variance that allows:
(a) A decrease of not more than 25% of the required width of front, side, or rear setback.
(b) A reduction in the minimum lot size for existing lots to eliminate the property from being declared
nonconforming.
(c) A decrease of not more than 20% in the number of required parking spaces if the reduction would allow
the preservation of trees, critical areas, buffers, or other unique topographical features.
(d) Allow compact parking stalls to account for up to 20% of the total number of parking stalls required on a
site.
(4) Unless other specified all variances must comply with the decision criteria in 18.330.070.

18.330.070 Decision criteria.
(1) The criteria in this section apply to variances other than critical areas variances. For critical areas variances,
the criteria in SMC Title 18 Part 8 apply.
 This section is based on existing SMC 17.35.060 Decision criteria.
(2) To approve an application for a variance, the decisionmaker must find that strict application of this code
would result in a practical difficulty or unnecessary hardship upon the owner of said property and all of the
following:
(a) That such variance can be granted without substantial impairment of the intent, purpose, and integrity
of this title and of the Comprehensive Plan of Stanwood;

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(b) That the variance would not permit a use of land not authorized within the zoning district, increase in
the volume of a building or structure, or increase the density of development beyond that permitted, as
established by this code;
(c) That the granting of the variance will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and zoning district in which subject property is situated;
(d) That the reasons set forth in the application justify the granting of the variance, and that the variance is
the minimum variance that will make possible the reasonable use of the land; and
(e) All of the following conditions exist:
(i) That, if the owner or lessor complied with the provisions of this code, he or she would not be able to
make reasonable use of his or her property;
(ii) That the difficulties or hardships are peculiar to the property in question in contrast with those of
other properties in the same district;
(iii) That the hardship was not the result of the applicant’s own action (applicant’s own action must not
include the purchase of the property); and
(iv) That the hardship is not merely financial or pecuniary.
(3) The fact that property may be utilized more profitably may not be considered.

Part 4 Land Divisions
Reserved.

Part 5 Zoning & Uses
Reserved.

Part 6 Specific Use Standards
Reserved.

Part 7 Development & Design Standards
Reserved.

Part 8 Environment
Reserved.

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EXHIBIT B
AMENDMENTS TO SMC TITLE 17
 Exhibit B will include amendments to Title 17 that are necessary to accommodate the new procedures
described in Exhibit A.
New Chapter 17.01 Applicability is adopted to read as follows:

Chapter 17.01 Applicability
17.01.010 Migration to Unified Development Code
Regulations in SMC Title 17 are being updated and migrated to the City's new Unified Development Code in SMC
Title 18. Regulations in SMC Title 17 remain in effect until repealed. Where regulations in SMC Title 17 conflict
with SMC Title 18, the new regulations in SMC Title 18 control.
Chapter 17.05, Purpose and Scope, is repealed.
Chapter 17.10, Establishment of Zoning Districts, is repealed.
Chapter 17.15, Establishment of Zoning Maps, is repealed.
New section 17.20.001 is added to Chapter 17.20 to read as follows:

17.20.001 Migration to Unified Development Code
Definitions in SMC Chapter 17.20 are being migrated to SMC Chapter 18.102 in the City's new Unified
Development Code. Definitions in SMC Chapter 17.20 remain in effect until repealed and apply to both Title 17
and Title 18. Where definitions in SMC Title 17 conflict with SMC Title 18, the new definitions in SMC Title 18
control for regulations in SMC Title 18.
Chapter 17.35, Variances, is repealed.
Chapter 17.40, Conditional Use Permits, is repealed.
Chapter 17.80, Permit Review Procedures, is repealed and replaced with a chapter to read as follows:

Chapter 17.80 Permit Review Procedures
17.80.010 Replaced by Unified Development Code
For regulations governing the procedures and processing of permit applications and post-issuance requirements,
see SMC Title 18 Part 2.
Chapter 17.160, Enforcement and Penalties is repealed.

Exhibit B
Amendments to SMC Title 17

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10.64

City of Stanwood
Findings of Fact and Conclusions of Law
Planning Commission Recommendation

A. GENERAL INFORMATION
File Number(s):

2024-0116

Project Summary:

Unified Development Code and Permitting Procedures

Applicant:

City of Stanwood

Location:

City of Stanwood

Planning Commission
Public Hearing Date:

October 14 and November 18, 2024

Staff Contact:

Patricia Love, Community Development Director

B. BACKGROUND AND DESCRIPTION OF PROPOSAL
The City of Stanwood has initiated a code amendment to merge Title 16, Subdivisions,
and Title 17, Zoning, into a single new title referred to as a Unified Development Code
(UDC). A UDC is a comprehensive set of regulations or standards that govern land use,
zoning, and development within a single Municipal Code Title. The UDC Ordinance
includes both the organizational structure of Title 18, UDC, as well as the application
and permit chapters.
UDC Part 1 – General Provisions:
The ordinance provides the outline for the new Title 18, which divides the Title into the
following eight (8) logical groupings:
UDC Organization Structure
Content
Part 1 – General Provisions
General Provisions, Establishment of Zones,
Adoption of Zoning Map, Definitions
Part 2 - Applications

Application Types and Permit Review
Processes

Part 3 - Permits

Issued Permits, Conditional Uses, Variances
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10.65

UDC Organization Structure
Part 4 – Land Divisions

Content
Long and Short Subdivisions, Binding Site
Plans, Boundary Line Adjustments

Part 5 – Zoning and Uses

Permitted Uses and Bulk Standards

Part 6 – Specific Uses Standards

Development Standards for Specified Uses

Part 7 – Development and Design
Standards

Design Standards, Parking, Signage,
Landscaping, stormwater, grading

Part 8 - Environment

Shoreline and Critical Areas (wetlands,
streams, slopes, floodplains)

UDC Part 2 – Applications:
The applications chapter of the UDC contains the permit types, permit submittal
requirements and the permitting process. The purpose of codifying the permit review
procedures is to ensure consistency of review, reducing the chances of arbitrary
decisions and open transparency of the city’s processes. All permits follow a similar
workflow, but the variation in time and process occurs based on the type of permit.
UDC Part 3 – Permits:
Part 3, Permits, covers the post permit application process and details the review
criteria for variances and conditional use permits.
C. CODE AMENDMENT CRITERIA
The city may approve or approve with modifications amendments to the text of the
zoning code if:
(a) The purpose and desired effect of the proposed zoning code amendment are
consistent with the Stanwood Municipal Code;
The Stanwood Comprehensive Plan establishes land use designations based on
historic development patterns and community desires. The Stanwood Municipal Code
then implements the Comprehensive Plan through the adoption of zoning standards
which address allowed or prohibited uses, building density, building height, lot
dimensions, site and architectural development standards and protection of critical
areas. Also included in the zoning chapter of the municipal code are the procedures for
approving permits, amending the municipal code and adopting amendments to the
Comprehensive Plan. The municipal code is the set of laws that govern the operation
and development of the city.

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10.66

The purpose of these code amendments is to establish Title 18, Unified Development
Code, adopt the general regulations that will apply to the entire UDC, eliminate
procedural conflicts, simplify the permit procedures and update the City’s permitting
procedures to be consistent with state law.
(b) There is a positive relationship to the public health, safety and welfare of the
community; and
The Growth Management Act (GMA) requires cities to adopt a fully integrated and
consolidated permit processes. The intent of the draft regulations is to update the
permitting process in accordance with recent changes in state law and streamline the
permitting processes for consistency with the goals of the GMA.
Streamlining the permitting processes will make it faster and more efficient for
individuals, businesses, or organizations to obtain necessary approvals and permits for
projects. Efficient and clearly written regulations and permit procedures can encourage
economic growth, foster innovation, reduce the potential for misinterpretations, and
avoid prolonged permitting processes.
(c) The proposed amendment is consistent with the Stanwood Comprehensive
Plan.
The Land Use Element of the Comprehensive Plan describes trends, anticipated future
growth, and describes how best to preserve the general character of Stanwood. Land
use patterns are what determine the character of the City and the locations, type of
future development and where redevelopment that will likely occur. Land use
determines where people in the City will reside, shop and work. Goals and policies that
support the proposed amendments includes:
Future Land Use Goals and Policies:
LUG 1
Provide an amendment process that allows for annual updates of this
Comprehensive Plan.
LUP 1.1: All amendments to the City’s Comprehensive Plan and development
regulations shall ensure early and continuous public participation pursuant to RCW
36.70A.140.
LUP 1.3: City shall process applications for state and local permits in a timely,
transparent, and fair manner to ensure predictability.
LUG 4

Future land use designations shall ensure the optimum use of the land for
present and future generations while preserving and maintaining the
quality of the natural environment.
LUP 4.7: Future plans, policies, and regulations shall eliminate barriers that have
prevented historically marginalized communities and people of color from owning
and developing land in the City of Stanwood.
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10.67

D. FINDINGS OF FACT
1. In 2022 the City of Stanwood has begun a process to comprehensively update its
municipal code to conform to current law and practices, eliminate conflicts, improve
clarity and overall function of the municipal code, and reflect current city and best
practices.
2. The City Council has opted to comprehensively revise and consolidate its zoning,
subdivision and development regulations in a new Unified Development Code to be
housed in Title 18 of the Stanwood Municipal Code.
3. This first ordinance establishes the organizational structure of the Unified
Development Code, permitting procedures, post permitting procedures and the
review criteria for variances and conditional use permits.
4. New Title 18 will consist of the following eight parts: General Provisions,
Applications, Permits, Land Divisions, Zoning and Uses, Specific Uses and
Standards, Development and Designs Standards, and Environment.
5. The General Provisions part establishes the foundation for the entire UDC. It adopts
the City’s zoning districts and map consistent with the Comprehensive Plan;
rulemaking authority, administrative interpretations, violation references and
definitions.
6. The applications chapter of the UDC contains the permit types, permit submittal
requirements and the permitting process. The purpose of codifying the permit
review procedures is to ensure consistency of review, reducing the chances of
arbitrary decisions and open transparency of the city’s processes.
7. The amendments are consistent with the permitting requirements of RCW 36.70B
Local Project Review.
8. Permit review timing and process changes mandated by 2SSB 5290 (2023) are
included in the application procedures amendments.
9. Amendments also include post permit application process and details the review
criteria for variances and conditional use permits.
10. Pursuant to RCW 36.70A.106, the City submitted the proposed Unified Development
Code amendment for the 60-day review to the Washington State Department of
Commerce on September 10, 2024. The 60-day review period was completed on
November 9, 2024.
11. The code amendment was circulated for public review on September 24 through
October 8, 2024. No comments were received on the amendment.

Page 4 of 6

10.68

12. A SEPA determination of non-significance for the draft ordinance was issued on
September 24, 2024, and the comment / appeal period ended on October 8, 2024.
13. The Stanwood Advisory Group reviewed the draft ordinance at their September 18,
2024, meeting and has recommended that the City Council adopt the ordinance.
14. The Stanwood Community Development Committee reviewed the draft ordinance at
their October 3, 2024, meeting and has recommended that the City Council adopt
the ordinance.
15. The Stanwood Planning Commission held their first reading of the ordinance on
September 9, 2024, held a public hearing on ordinance on October 14, 2024, and
considered the draft findings of fact and conclusions on November 18, 2024.
16. Staff prepared a report summarizing the proposed code amendment. This report is
part of the public record and was presented to the Planning Commission at the public
hearing on October 14, 2024, for their consideration.
17. Upon considering all relevant matters, comments and testimony, the Planning
Commission formally recommended that the City Council accept their adopted
findings of fact and conclusions and approve the ordinance.

E. CONCLUSIONS OF LAW
1. The City of Stanwood has authority under RCW Title 35A, to adopt plans and
regulations related to development and operations within the City of Stanwood.
2. SMC section 17.155.030 requires that the Planning Commission review and make
recommendations to the Stanwood City Council regarding code amendments to Title
17, Zoning.
3. On September 24,2024, the public hearing notice was printed in the Stanwood
Camano News as required by law that a public hearing was to be held by the
Planning Commission and all persons wishing to provide public input concerning the
proposed amendments set forth in this Ordinance were heard.
4. SEPA review was conducted on the proposal and a Determination of
Nonsignificance (DNS) was issued per City Code and under WAC 197-11-340(2).
No appeals of the SEPA determination were filed.
5. The proposal is consistent with the Comprehensive Plan and meets the
requirements and intent of the Plan, including Land Use Goals 1 and 4 and Land
Use Policies 1.1, 1.3, and 4.7.

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10.69

10.70
Page 6 of 6

CITY OF STANWOOD
COUNCIL AGENDA STAFF REPORT

ITEM NUMBER:

11a

DATE:

January 23, 2024

SUBJECT:

Select Council Committees

CONTACT PERSON:

Shawn Smith, City Administrator

ATTACHMENTS:

A – Proposed 2025 Council Committees

PURPOSE
The purpose of this agenda item is for Council to approve the 2025 standing committee
memberships as submitted by the nominating committee.
BACKGROUND
There are four Council Standing Committees:
1) Community Development/Economic Development
2) Finance/Personnel
3) Public Safety
4) Public Works/Parks
Committee membership is an annual term which expires at the second council meeting
of the new year - January 23, 2025. Council must choose committee members to serve
on the 2025 standing committees for an annual term. Per Council’s Rules of Procedure,
each councilmember ranks his committee membership choices on a ranking sheet and
submits that to the mayor pro tempore. The nominating committee consists of the
mayor, mayor pro tempore, and the longest serving councilmember. These three
choose committee membership based on the ranking sheets and present their selection
to council for approval. Committee members can choose to continue meeting on the
currently scheduled dates and times as in the past or can change the meeting dates or
times if there is a conflict.
DISCUSSION
The nominating committee, consisting of Mayor Roberts, Mayor Pro Tempore Robb,
and Councilmember Shepro, the longest serving councilmember, have chosen
committee membership based on the ranking sheets submitted by each councilmember.

11.1

Council must review the selection and vote whether to approve membership as
submitted by the nominating committee.
Council can choose to meet at the currently scheduled dates, locations, and times, or
council can change the schedule. The current dates, locations, and times of the
committee meetings are:
•

Community Development Committee meets on the first Thursday of the month at
5:00 p.m. at City Hall.

•

Finance Committee meets prior to the second council meeting of the month at
6:00 p.m. at the Stanwood Camano School District Admin Building Board Room.

•

Public Safety Committee meets prior to the first council meeting of the month at
6:00 p.m. at the Stanwood Camano School District Admin Building Board Room.

•

Public Works/Parks Committee meets the first Monday of the month at 5:30 p.m.
at the Wastewater Treatment Plant.

ANALYSIS
There is no financial impact.
CITY COUNCIL OPTIONS
1) Council can approve committee membership selections as submitted by the
nominating committee or council can discuss committee membership selections
and make changes prior to approval.
2) Council Committees can meet at the currently scheduled, dates, times, and
locations or Council can discuss the meeting schedules and make changes.
PROPOSED MOTION
“I MOVE TO APPROVE THE 2025 COUNCIL STANDING COMMITTEE
MEMBERSHIPS AS SUBMITTED BY THE NOMINATING COMMITTEE.”

11.2

ATTACHMENT A

Proposed 2025 City Council Committees
Community Development /
Economic Development
Dani Gaumond
Steve Shepro
Tim Schmitt
Alternate – Andreena Bergman

Schedule:
Meets the 1st Thursday of the
month at 5:00 pm
City Hall

Finance / Personnel
Dani Gaumond
Robert Hicks
Tim Schmitt
Alternate – Steve Shepro

Schedule:
Meets prior to the 2nd council
meeting of the month at 6:00 pm at
the School Admin Bldg.

Public Safety
Marcus Metz
Darren Robb
Andreena Bergman
Alternate – Robert Hicks

Schedule:
Meets prior to the 1st council
meeting of the month at 6:00 pm at
the School Admin Bldg.

Public Works / Parks
Marcus Metz
Darren Robb
Andreena Bergman
Alternate – Robert Hicks

Schedule:
Meets the 1st Monday of the month
at 5:30 pm
WWTP 26729 98th Dr. NW

11.3

11.4