Chapter 19.01
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
19.01.010 Procedures for processing project permits.
19.01.020 Determination of proper procedure type.
19.01.030 Project permit application framework.
19.01.040 Joint public hearings.
19.01.050 Legislative decisions.
19.01.060 Legislative enactments not restricted.
19.01.070 Exemptions from project permit application process.
19.01.080 Administrative interpretations.
19.01.001 Conflicts.
Unless otherwise specified by Washington State statute, in the event provisions of any other title of the Brewster Municipal Code, or other regulations adopted by the city of Brewster, including but not limited to Titles 12, 15, and 16 Brewster Municipal Code, Sections 16.12.140, 16.12.150, 16.20.060, 16.20.110, 16.20.120, Title 17 Brewster Municipal Code, Sections 17.25.020, 17.25.050, 17.25.065, 17.38.040, 17.38.070, Chapters 17.30, 17.40, and 17.46 of this code, Title 18 Brewster Municipal Code, procedures for open record hearings, closed record appeals and judicial appeals, conflict with any provisions of this title, this title’s provisions shall supersede and control. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 704 § 1, 2000: Ord. 639 § 1 (part), 1996)
19.01.005 Definitions.
The definitions in this section apply throughout this title.
“Building permits” means those permits issued pursuant to the following chapters of this code as now exist or as may be hereafter amended:
A. Chapter 15.04 of this code, Building Code;
B. Chapter 15.08 of this code, Plumbing Code;
C. Reserved.
D. Chapter 15.14 of this code, Fire Code;
E. Chapter 15.20, Designated Manufactured Homes;
F. Chapter 15.28 of this code, Mechanical Code.
“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including, but not limited to, the planning agency or the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
“Critical areas report” is a report prepared by a qualified professional required by the city that inventories and analyzes the development impacts of a proposed action on a critical area. Critical area report requirements are found in Section 19.02.020(C)(1).
“Excavation permits” means those permits issued pursuant to the following chapters of the BMC as now exist or as may be hereafter amended:
A. Chapter 12.06 of this code.
“Local government” means the city of Brewster.
“Open record hearing” means a hearing, conducted by a single hearing body or officer, including but not limited to the planning agency or the city council, authorized by the city council to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed under Chapter 19.05 of this code. An open record hearing may be held prior to the city’s decision on a project permit, to be known as a “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.
“Parties of record” means:
A. The applicant;
B. Any person who testified at the open record public hearing on the project permit application; and/or
C. Any person who submitted written comments concerning the project permit application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters).
“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, variances, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan or development regulations except as otherwise specifically included in this definition.
“Public meeting” means an informal meeting, hearing, workshop or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or city council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file. (Ord. 926 § 2 (part), 2020; Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)
19.01.010 Procedures for processing project permits.
A. Classification. For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II, Type III or Type IV (A and B). Legislative decisions are Type V actions, and are addressed in Section 19.01.050.
B. Omission or Subsequent Enactment. In the event a development permit required by the city has been omitted or has been adopted by the city council after the effective date of the ordinance codified in this title, and another specific procedure is not required by law, the administrator shall classify the application as one of the four procedure types, Type I, Type II, Type III or Type IV (A and B) as set forth in Sections 19.01.030(B) and (C). (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)
19.01.020 Determination of proper procedure type.
A. Determination by Administrator. The administrator (see Section 17.08.020) shall determine the proper procedure type for all project permit applications. If there is a question as to the appropriate procedure type, the administrator shall resolve it in favor of the higher procedure type number. The act of classifying an application for procedure type shall be a Type I action, and subject to reconsideration and appeal at the same time and in the same way as the merits of the project permit application in question.
B. Optional Consolidated Permit Processing.
1. Unless otherwise required, where the city must approve more than one project permit application for a given development, two or more project permit applications required for the development may be simultaneously submitted by the applicant for review at one time under a single permit processing review procedure (“consolidated permit review”). If an applicant elects the consolidated permit review process by the simultaneous submission of two or more applications, the applications shall be reviewed and processed under the highest numbered procedure type that applies to any of the applications. If project permit applications for any such development are not submitted under this optional consolidated permit review process, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure type.
2. Applications processed in accordance with this subsection B which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision-maker(s) applicable to such applications. Decision bodies in order of ranking are as follows: The city council is the highest, followed by the planning agency or shoreline hearings board, as applicable, and then the administrator. Joint public hearings with other agencies shall be processed according to Section 19.01.040.
C. Where other approvals or permits are required for a use or development that does not require an open record hearing, such approvals or permits shall not be granted until a critical area or shoreline approval or permit is granted. All critical area and shoreline approvals and permits shall include written findings prepared by the administrator documenting compliance with bulk and dimensional standards and other policies and regulations of Chapters 17.30 and 17.46 of this code.
D. Where other approvals or permits are required for a use or development that does not require an open record hearing, such approvals or permits shall not be granted until a shoreline approval or permit is granted. All shoreline approvals and permits shall include written findings prepared by the administrator documenting compliance with bulk and dimensional standards and other policies and regulations contained in Chapters 17.30 and 17.46 of this code. (Ord. 926 § 2 (part), 2020; Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)
19.01.030 Project permit application framework.
A. Definitions. For purposes of this section:
1. “Administrator” means the city of Brewster public works director or other individual duly appointed by the mayor.
2. “Hearing body” means the city council, planning agency, shoreline hearings board, or board of appeals created pursuant to Section 15.04.065, as now exists or as may be hereafter amended.
B. Action Type.
|
TYPE I |
TYPE II |
TYPE III |
TYPE IVA |
TYPE IVB |
TYPE V |
|---|---|---|---|---|---|
|
Excavation permits |
Building permits |
Variances |
Subdivision preliminary plat Plat vacations and alterations |
Final plat |
Comp. plan amendments |
|
Boundary line adjustment |
Short subdivision |
Conditional use permit |
Site rezone |
|
Development regulations and amendments thereto |
|
Shoreline exemptions |
Minor alteration to subdivision |
Shoreline substantial development permit where impact of public significance and/or significant impact |
Planned development |
|
Area-wide rezone |
|
|
Minor modification to residential planned developments |
Shoreline conditional use or variance |
|
|
Annexations |
|
|
Shoreline substantial development permits where no impact of public significance and/or no significant impact |
Flood hazard variance |
|
|
|
|
|
Flood hazard development permit |
|
|
|
|
|
|
Administrative interpretations |
|
|
|
C. Decisions.
|
|
TYPE I |
TYPE II |
TYPE III |
TYPE IVA |
TYPE IVB |
TYPE V |
|---|---|---|---|---|---|---|
|
Recommendation made by: |
N/A |
N/A |
Administrator where shoreline substantial development permit |
Hearing body |
Administrator |
Planning agency |
|
Final decision made by: |
Administrator |
Administrator |
City council |
City council |
City council |
City council |
|
Open record public hearing: |
No |
Only if appealed, open record hearing before hearing body |
Yes, before city council to render final decision |
Yes, before hearing body to make recommendation to city council |
No |
Yes, except for annexations, before planning agency to make recommendation to city council |
|
Closed record appeal/final decision: |
No |
No |
Only for shoreline permits before Shoreline Hearings Board |
Yes, before city council to render final decision |
Yes, before city council to render final decision |
Yes, a city council could decide to hold its own open record hearing |
|
Judicial appeal: |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
(Ord. 926 § 2 (part), 2020; Ord. 873 § 3 (Att. C) (part), 2015: Ord. 704 § 2, 2000: Ord. 639 § 1 (part), 1996)
19.01.040 Joint public hearings.
A. At the request of the applicant, the administrator may combine any hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency on the proposed action if:
1. The hearing is held within city limits; and
2. The requirements of subsection B of this section are met.
B. 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:
1. The joint hearing can be held within the time period specified in RCW 36.70B.090 or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings;
2. The other agency is not expressly prohibited by statute from doing so;
3. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance or rule; and
4. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 704 § 3, 2000: Ord. 639 § 1 (part), 1996)
19.01.050 Legislative decisions.
A. Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
1. Zoning code and development regulations and amendments to development regulations (for the purposes of this section, “development regulations” are as defined in RCW 36.70A.030(7), as now exists or as may be hereafter amended);
2. Area-wide rezones to implement new city policies;
3. Adoption of the comprehensive plan and any plan amendments; and
4. Annexations.
B. Planning Agency. The planning agency shall hold a public hearing and make recommendations to the city council on the decisions in this section. The public hearing shall be held in accordance with the requirements of Chapter 19.05 of this code.
C. City Council. The city council may consider the planning agency’s recommendation in a public hearing held in accordance with the requirements of Chapter 19.05 of this code.
D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in Section 19.03.030(B)(2).
E. Implementation. The city council’s decision shall become effective by passage of an ordinance or resolution. (Ord. 926 § 2 (part), 2020; Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)
19.01.060 Legislative enactments not restricted.
Nothing in this chapter or the project permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan or to make changes to the city’s development regulations. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)
19.01.070 Exemptions from project permit application process.
Whenever a permit or approval in this code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are specifically excluded from the procedures set forth in this title:
A. Landmark designations;
B. Street vacations under Chapter 35.79 RCW;
C. Those listed in Sections 17.30.030, 17.30.040 and 17.30.050;
D. Those listed in Section 17.46.050;
E. Other approvals relating to the use of public areas; and
F. Other project permits, whether administrative or quasi-judicial that the city council has determined by resolution present special circumstances that warrant a different review process. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 639 § 1 (part), 1996)
19.01.080 Administrative interpretations.
A decision as to the meaning, application or intent of any development regulation, as it relates to a specific piece of property, may be requested by an applicant, staff or a citizen at any time prior to a final decision on a project permit application to which the development regulation may be applied. The request shall be on a form provided by the administrator and include identification of the regulation in question, a description of the property and a clear statement of the issue or question to be decided. The administrator shall issue a written interpretation within a reasonable time, but no more than fourteen working days after receipt of the completed form, and file a copy in a book or binder for such interpretations readily available to the public at the appropriate department’s service counter. Administrative interpretations may be appealed to the city council for final decision as provided in Section 19.01.030. (Ord. 873 § 3 (Att. C) (part), 2015: Ord. 704 § 4, 2000: Ord. 639 § 1 (part), 1996)