Chapter 19.04
GENERAL PROVISIONS
Sections:
19.04.040 Consistency and limitations.
19.04.050 Applicability and exceptions.
19.04.010 Authority.
This title is authorized and required under Chapter 36.70B RCW, the Local Project Review Act. (Ord. 722 § 175, 1998)
19.04.020 Purpose and intent.
The purpose of this title is to expedite project review and the determination of consistency between a proposed project, the comprehensive plan, and the city’s building, critical areas, environmental policy, subdivision, and zoning regulations, through an integrated application review process wherein project review and environmental analysis run concurrently and not separately. It is intended that the fundamental land use planning decisions made in the adopted comprehensive plan and in the city’s adopted development regulations shall serve as the foundation for individual project review. (Ord. 722 § 175, 1998)
19.04.030 Definitions.
For the purposes of this title, the following definitions shall apply:
A. “Agency with jurisdiction” means any agency with the authority to approve, veto, or finance all or part of any project permit application.
B. “Closed record appeal” means an appeal to 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 arguments are allowed.
C. “Development regulations” means building, critical areas, environmental, shoreline, subdivision, zoning, and other land use regulations.
D. “Open record hearing” means a hearing, conducted by the hearing body, that creates the city’s record through testimony and submission of evidence and information, under the procedures contained in the city’s various regulatory municipal code provisions, ordinances, and resolutions.
1. An “open record hearing” may be held prior to the hearing body’s decision on a project permit, and such hearing shall be known as an “open record predecision hearing.”
2. An “open record hearing” may be held on an appeal; provided, that no open record predecision hearing has been held on the project permit, and such hearing shall be known as an “open record appeal hearing.”
E. “Project permit/project permit application” means any land use or environmental permit or license required from the city including, but not limited to, subdivisions, conditional uses, site-specific rezones authorized by the comprehensive plan or by a subarea plan subordinate thereto, critical area permits or approvals, shoreline substantial development permits, site plan review, and building permits.
1. This definition does not include adoption or amendment of the comprehensive plan or a subarea plan subordinate thereto, or development regulations adopted or amended by the city to implement such comprehensive plan or subarea plan.
F. “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 community council meeting, or a scoping meeting on a draft environmental impact statement.
1. A “public meeting” does not include an open record hearing.
2. 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. 722 § 175, 1998)
19.04.040 Consistency and limitations.
A. When an applicant applies for a project permit, consistency between the proposed project and the comprehensive plan and applicable development regulations shall be determined by the city in consideration of the following, however, nothing in this section precludes the city from asking more specific or related questions with respect to any of the following:
1. The type of land use allowed (i.e., have the criteria for approval been satisfied for the type of land use, including uses that may be allowed under certain circumstances, such as conditional uses);
2. The level of development allowed, such as units per acre or other measures of density and intensity;
3. Infrastructure, including the availability and adequacy of public facilities and services needed to serve the proposed project; and
4. The characteristics of the proposed project, as measured by the degree to which the project conforms with specific development regulations or standards.
B. In deciding whether a project is consistent, the provisions of RCW 36.70B.030(2) shall be controlling.
C. During project review, the city shall not re-examine alternatives to or hear appeals on items identified as being consistent pursuant to subsections A and B of this section, except for issues of development regulation interpretation.
D. The city may determine that the city’s development regulations or environmental analysis requirements provide adequate mitigation for some or all of the project’s environmental impacts.
E. Project review shall be used to identify specific project design and conditions relating to mitigation of a proposal’s probable adverse environmental impacts, if applicable.
F. The city’s decision to approve, condition, or deny a project shall be based upon the record established at the public hearing, if one is held. (Ord. 722 § 175, 1998)
19.04.050 Applicability and exceptions.
The provisions of this title shall apply to the types of project permit applications subject to review under the city’s adopted building, critical areas, environmental, subdivision, and zoning regulations, or under any related regulation or any other ordinance or law.
A. Exceptions to General Procedural Requirements of This Title. Pursuant to RCW 36.70B.140(1), the following permits or approvals are excluded from compliance with the procedural requirements of RCW 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130 as implemented within this title (determination of completeness, notice of application, consolidated project permit review including joint public meetings/hearings, single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing, notice of decision, and completion of project review within 120 days):
1. Landmark designations;
2. Street vacations; and
3. Other approvals relating to the use of public areas or facilities.
B. Exceptions to Selected Procedural Requirements of This Title. Pursuant to RCW 36.70B.140(2), the following permits or approvals are excluded from compliance with the procedural requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130 as implemented within this title (notice of application, consolidated project permit review including joint public meetings/hearings, single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing, and notice of decision):
1. Building permits categorically exempt under SEPA;
2. Boundary line adjustments;
3. Other construction permits categorically exempt under SEPA;
4. Similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and the city’s environmental policy guidelines (Chapter 16.04 DPMC); and
5. Permits/approvals for which environmental review has been completed in connection with other project permits.
C. Exceptions for Legislative Decisions. The following decisions are legislative and not subject to the provisions of this title, unless otherwise specified:
1. Text amendments to development regulations including, but not limited to, building, critical areas, environmental, subdivision, and zoning regulations.
2. Adoption or amendment of the comprehensive plan or any subarea plan; and
3. Area-wide rezones to implement new or amended city plans and policies. (Ord. 722 § 175, 1998)