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THE TULALIP TRIBES CONDITIONAL USE PERMIT APPLICATION (The Tulalip Tribes)

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THE TULALIP TRIBES
CONDITIONAL USE PERMIT APPLICATION
Applicant:
Address:
Phone: Fax:
Parcel or Tract Number:
Property address:
Legal Description of Property (Section, Township, Range): Please attach complete
description:
Section Township Range
Description of proposal:
I hereby certify that I have prepared this application and site plan and that, to the best of
my knowledge, the information provided is complete, accurate, and a true representation
of the proposed development, I further attest that I have the authority to submit this
application and agree to comply with any and all conditions of development permit
approval. I agree to provide any additional information required and understand that if
the scope of the project is modified, a new application may be required.
Applicant’s Signature Date
2001
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signature
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Chapter 7.160
CONDITIONAL USES
Sections:
7.160.010 Required submissions.
7.160.020 Planning Commission decision authority.
7.160.030 Conditions – Mitigation – Denial.
7.160.040 Disapproval.
7.160.050 Specific conditional uses.
7.160.010 Required submissions.
Applicants for a conditional use permit shall, at the request of the Planning Commission, or
any Hearing Examiner appointed by the Planning Commission, submit such plans, statements,
and documents as are reasonably required for evaluation of the proposal. [Ord. 80 § 32.1, 1-
9-1995].
7.160.020 Planning Commission decision authority.
The Planning Commission, subject to appropriate conditions and safeguards as provided by
this title, shall hear and decide applications for conditional use permits. [Ord. 80 § 32.2, 1-9-
1995].
7.160.030 Conditions – Mitigation – Denial.
The Planning Commission may impose conditions and mitigation requirements to protect the
health, safety, welfare and rights of the citizens on the Reservation, and to assure consistency
with the provisions of this title and the text, goals, policies and objectives of the
Comprehensive Plan. The Planning Commission shall have the authority to condition, require
mitigation, or deny based upon significant adverse impacts to the natural and built
environment. Such conditions may include the posting of bonds to insure continued
compliance with the conditions of the use permit. The conditional use permit when issued
shall contain a written order of the required conditions and a schedule for compliance. [Ord.
80 § 32.2, 1-9-1995].
7.160.040 Disapproval.
If, in the judgment of the Planning Commission, no conditions could be imposed that would
mitigate significant adverse impacts to the environment, ensure the compatibility and harmony
of the use or structure within the spirit of this title, and protect the health, welfare, safety, lands
and rights of persons on the Reservation, a conditional use permit shall not be issued. [Ord.
80 § 32.3, 1-9-1995].
7.160.050 Specific conditional uses.
The following conditional uses may be approved by the Planning Commission only if each of
the following criteria are fulfilled:
(1) Correctional Facility.
(a) The facility is located to minimize impact on community life and areas of local
economic importance.
(b) The facility is not located closer than one mile, or is separated by a natural or physical
Tulalip Title 7 LAND USE Page 77
The Tulalip Tribal Codes are current through legislation passed December 6, 2013.
barrier which provides the necessary separation, from any schools, cultural and religious
buildings and sites, recreational sites, entertainment facilities, retail/commercial centers
with a high employee population or customer traffic, or established residential areas.
(c) The site is served by public facilities and services adequate for the proposed use,
including waste disposal, water supply, and fire protection.
(d) The facility shall be located such that law enforcement officers can respond to a call
for assistance within five minutes under typical conditions.
(e) A minimum eight-foot-high fence is required between the facilities and all property
boundaries with landscaped street frontage which effectively screens the site from
adjacent properties.
(f) Site lighting shall not produce levels of illumination or glare that would pose a nuisance
or hazard for motorists on public rights-of-way.
(g) The applicant shall submit a security plan which, at a minimum, is consistent with
applicable American Corrections Association security standards. This plan shall identify
staffing levels and scheduling, building security, an escape search plan, and provisions
for immediate public notification of escapes. [Res. 96-0087A § 2 (App. A); Ord. 80
§ 32.4, 1-9-1995].
Tulalip Title 7 LAND USE Page 78
The Tulalip Tribal Codes are current through legislation passed December 6, 2013.
(6) At its option, the Planning Commission may also conduct a further hearing prior to making
a decision on any matter heard by an appointed Hearing Examiner.
(7) Approve, disapprove and condition any application for a conditional use permit.
(8) Require the applicant to submit such information as deemed necessary for evaluation of
the application which may include information of the nature described in TTC 7.175.010(5).
[Res. 2006-196 § 1; Ord. 80 § 38.1, 1-9-1995].
7.175.040 Proceedings on conditional use permit applications.
A public hearing shall be conducted by the Planning Commission, or a Hearing Examiner
appointed by the Planning Commission, on all conditional use permit applications.
(1) Notification. Upon the filing of an application for a conditional use permit as set forth in
Chapter 7.160 TTC, the Planning Commission shall set the time and place for a public hearing
on such matter. DCD shall give published notice of the time, place and purpose of the
conditional use hearing as provided in TTC 7.175.010(6).
(2) Conduct of Hearings. The rules and conduct of hearings shall be established by the
Planning Commission, or, where a Hearing Examiner has been appointed to conduct the
hearing, by the Hearing Examiner.
(3) Record. A written nonverbatim record of the hearings held before the Planning
Commission, and before any Hearing Examiner appointed by the Planning Commission, and
of any findings, conclusions, or decision proposed by a Hearing Examiner, and/or adopted by
the Planning Commission, shall be made and kept on file at the Tribal office. Such hearings
shall also be tape recorded. The Planning Commission’s decision shall be in writing, with
written findings and conclusions.
(4) Final Orders of the Planning Commission. Decisions of the Planning Commission issuing,
conditioning or denying a conditional use permit shall be mailed on the date of issuance to the
applicant and other parties of record who have made written request for a copy of decisions,
which mailing shall be certified mail return receipt requested. The decision of the Planning
Commission shall be final and conclusive unless timely appealed to the Board of Directors
pursuant to Chapter 7.180 TTC. [Res. 2006-196 § 1; Ord. 80 § 38.2, 1-9-1995].
7.175.050 Proceedings on Comprehensive Plan and zoning ordinance amendments,
rezones, and subdivisions.
(1) Recommendation. The Planning Commission shall recommend a decision to the Board of
Directors on each rezone or subdivision application, Comprehensive Plan amendment, or
zoning ordinance amendment that it considers. Such recommendation shall be by the
affirmative vote of no less than a majority of the total members of the Planning Commission,
which recommendation shall be by a recorded motion incorporating findings of fact and
expressing the reasons for Commission action and referring expressly to the maps,
descriptive, or other matters intended by the Commission to constitute the plan, amendment,
alteration, addition, or extension thereto. The indications of approval by the Commission shall
be recorded on the map and descriptive matters by the signatures of the Chairman and
Secretary of the Commission.
Tulalip Title 7 LAND USE Page 86
The Tulalip Tribal Codes are current through legislation passed December 6, 2013.
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THE TULALIP TRIBES CONDITIONAL USE PERMIT APPLICATION (The Tulalip Tribes)

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Completed 20 July 2020

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