Division 10. Administration of Development Regulations and the State Environmental Policy Act
Chapter 17.180
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
17.180.030 Procedures for processing project permits.
17.180.040 Determination of proper procedure type.
17.180.050 Project permit application framework.
17.180.060 Joint public hearings.
17.180.070 Legislative decisions.
17.180.080 Legislative enactments not restricted.
17.180.090 Exclusions from project permit application processing.
17.180.100 Administrative interpretations.
17.180.010 Conflicts.
Unless otherwise specified by Washington State statute, in the event procedural aspects in the other divisions of this title conflict with any provisions of this one, the provisions of this division shall supersede and control. (Ord. 536 § 1 (§ 40.01), 2000)
17.180.020 Authority.
The town of Coulee Dam adopts the ordinance codified in this title under Chapter 36.70B RCW, the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904, and Chapter 58.17 RCW, as presently exist or are hereafter amended. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this title. (Ord. 536 § 1 (§ 40.02), 2000)
17.180.030 Procedures for processing project permits.
(1) Classification. For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II (A and B), Type III or Type IV (A and B). Legislative decisions are Type V actions, and are addressed in CDMC 17.180.070. Exceptions from the requirements of project permit application processing are contained in CDMC 17.180.090.
(2) Omission or Subsequent Enactment. In the event a development permit required by the town has been omitted or has been adopted by the town council after the effective date of the ordinance codified in this title, and another specific procedure is not required by law, the director shall classify the application as one of the four procedure types, Type I, Type II (A and B), Type III or Type IV (A and B) as set forth in CDMC 17.180.050. (Ord. 536 § 1 (§ 40.03), 2000)
17.180.040 Determination of proper procedure type.
(1) Determination by Director. All permit applications listed in CDMC 17.180.050 shall be submitted to and reviewed by the director. The director shall determine the proper procedure type for all project permit applications. If there is a question as to the appropriate procedure type, the director 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.
(2) Optional Consolidated Permit Processing.
(a) Unless otherwise required, where the town 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;
(i) The applications shall be reviewed and processed under the highest numbered procedure type that applies to any of the applications; and
(ii) The determination of completeness (CDMC 17.185.030); notice of application (CDMC 17.185.040 and 17.190.010); and notice of final decision (CDMC 17.200.070) shall include all project permits being reviewed through the consolidated review process. 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.
(b) Applications processed in accordance with subsection (2) of this section 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 making bodies in order of ranking are as follows: the town council is the highest, followed by the planning commission, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to CDMC 17.180.060. (Ord. 536 § 1 (§ 40.04), 2000)
17.180.050 Project permit application framework.
(1) Action Type.
|
Type I |
Type IIA |
Type IIB |
Type III |
Type IVA |
Type IVB |
Type V |
|---|---|---|---|---|---|---|
|
Street excavation permits without SEPA review |
Building permits with SEPA review |
Short plat |
Variances |
Subdivision preliminary plat Plat vacations and alterations |
Final plat |
Comprehensive plan amendments |
|
Building permits without SEPA review |
Street excavation permit with SEPA review |
|
Conditional use permits |
Site rezone |
Final binding site plan |
Development regulations and amendments thereto |
|
Boundary line adjustments/Lot consolidations |
Home businesses |
|
|
Binding site plans |
|
Area-wide rezone |
|
Mobile home permit |
Administrative interpretations |
|
|
|
|
Annexations |
(2) Decisions.
|
|
Type I |
Type IIA |
Type IIB |
Type III |
Type IVA |
Type IVB |
Type V |
|---|---|---|---|---|---|---|---|
|
Recommendation made by |
N/A |
N/A |
N/A |
If subdivision variance, planning commission |
Hearing body |
Planning commission |
Planning commission |
|
Final decision made by |
Director |
Director |
Planning commission |
Town council |
Town council |
Town council |
Town council |
|
Notice of application |
No |
No |
No |
Yes |
Yes |
Yes |
No |
|
Open record public hearing |
Only if appealed, open record before hearing body |
Only if appealed, open record hearing before hearing body |
Only if appealed, then before town council |
Yes, before planning commission for recommendation |
Yes, before hearing body to make recommendation to town council |
No |
Yes, before planning commission and town council |
|
Closed record appeal/final decision |
No |
No |
Only if appealed, then before town council |
Yes, closed record decision before town council |
Yes, closed record decision before town council |
Yes, closed record decision before town council |
No, final decision made after council open record hearing |
|
Judicial appeal |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
(Ord. 536 § 1 (§ 40.05), 2000)
17.180.060 Joint public hearings.
(1) Director’s Decision to Hold Joint Hearing. The director may combine any public 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, as long as:
(a) The hearing is held within the town limits; and
(b) The requirements of subsection (3) of this section are met.
(2) Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application(s) be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to combine the hearings.
(3) Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the town, as long as:
(a) The other agency is not expressly prohibited by statute from doing so;
(b) 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
(c) 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. 536 § 1 (§ 40.06), 2000)
17.180.070 Legislative decisions.
(1) Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
(a) 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);
(b) Area-wide rezones to implement new town policies;
(c) Adoption of the comprehensive plan and any plan amendments; and
(d) Annexations.
(2) Planning Commission. The planning commission shall hold a public hearing and make recommendations to the town council on the decisions as provided in this section. The public hearing shall be held in accordance with the requirements of Chapter 17.200 CDMC.
(3) Town Council. The town council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of Chapter 17.200 CDMC.
(4) Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in CDMC 17.190.030.
(5) Implementation. The town council’s decision shall become effective by passage of an ordinance or resolution. (Ord. 536 § 1 (§ 40.07), 2000)
17.180.080 Legislative enactments not restricted.
Nothing in this title or the project permit processing procedures shall limit the authority of the town council to make changes to the town’s comprehensive plan or to make changes to the town’s development regulations. See Chapter 17.215 CDMC, Comprehensive Plan and Development Regulation Amendments. (Ord. 536 § 1 (§ 40.08), 2000)
17.180.090 Exclusions from project permit application processing.
(1) Whenever a permit or approval in the Coulee Dam unified development 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) Other approvals relating to the use of public areas; and
(d) 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.
(2) Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and Chapter 17.220 CDMC, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following project permit processing procedures:
(a) Notice of application (CDMC 17.185.040);
(b) Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (CDMC 17.180.040(2));
(c) Joint public hearings (CDMC 17.180.060);
(d) Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing (CDMC 17.200.020(3));
(e) Notice of decision (CDMC 17.200.080). (Ord. 536 § 1 (§ 40.09), 2000)
17.180.100 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 director 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 director shall issue a written interpretation within a reasonable time, but no more than 14 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 Town Hall. (Ord. 536 § 1 (§ 40.10), 2000)