Chapter 19.08 LAND USE ACTIONS AND PROJECT PERMITS

Chapter 19.08
LAND USE ACTIONS AND PROJECT PERMITS

Sections:

19.08.030 Project review process summary.

19.08.010 Types of review.

To accomplish the purpose of this title, it is necessary to specify the general procedures to be followed when processing and reviewing applications. Three types (levels) of review are established herein. Generally, those development proposals with the least potential for adverse impacts are reviewed using a more limited process, while those with the greatest potential for impacts are reviewed using a more extensive process. All project permit applications, regardless of type classification, require review for consistency with the comprehensive plan, municipal development regulations, and other applicable development regulations. (Ord. 722 § 175, 1998)

19.08.020 Project categorization.

All project permit applications will fall into one or more of the following project type classifications, and will be reviewed through one or more of these classifications prior to making a final decision. If there is a question as to the appropriate type classification, the higher procedural classification shall be used:

A. Type I – Ministerial. Type I projects are categorically exempt from SEPA, do not require public notice or hearing, are subject to clear and objective standards, and may require professional or technical judgment. Applications are reviewed by applicable city departments or contracted staff for compliance and comment. Applicants may address staff comments prior to a decision by the appropriate decision-maker. Decisions are administrative and may be made by the planning commission, the city council, the mayor, or a designee thereof. The following permit applications qualify for Type I review procedures:

1. Building permits which are categorically exempt from SEPA.

2. Manufactured home permits.

3. Mechanical permits (plumbing, electrical, heating and ventilation, etc.).

4. Building inspections.

5. Boundary line adjustments.

6. Temporary uses.

7. Minor amendments to approved plans and projects.

8. Time extensions for applications other than plats.

9. Other ministerial actions as determined by the city council.

B. Type II – Administrative. Type II projects include those subject to SEPA compliance and public input through the SEPA comment period, but which do not otherwise require a public notice or public hearing. Type II projects also include those applications subject to both objective and subjective standards which may require discretion regarding nontechnical issues. Applications are reviewed by applicable city departments or contracted staff for compliance and comment. Applicants may address staff comments prior to a written decision by the decision-making body with authority. The following permit applications qualify for Type II review procedures:

1. Building permits which exceed SEPA thresholds.

2. Accessory uses subject to SEPA.

3. Changes of permitted uses subject to SEPA.

4. Permitted uses requiring site plan review.

5. Final plat and final short plat approval.

6. Major amendments to approved plans and projects.

7. Administrative interpretation of development regulations.

8. Revisions to shoreline management permits.

9. Other administrative actions as determined by the city council.

C. Type III – Quasi-Judicial. Type III projects are those requiring a public notice and predecision public hearing and which allow for a closed record appeal hearing. SEPA compliance is applicable to the majority of Type III projects. Applications are reviewed by applicable city departments and/or contracted staff, and by interested public agencies. A report shall be prepared by city staff for consideration by the hearing body at the predecision public hearing. The report shall include information furnished by the applicant, city departments and/or contracted staff, interested agencies, public input, and other means, and shall include a recommendation for approval, approval with conditions, or denial. Such report shall state specific reasons and cite specific applicable municipal code provisions, or other applicable rules or regulations, upon which the recommendation is based. The decision of the hearing body shall be based on the staff report, upon the predecision public hearing record and testimony, and upon applicable criteria. The following permit applications qualify for Type III review procedures:

1. Preliminary plats (long and short subdivisions).

2. Alteration or vacation of plats.

3. Variances.

4. Conditional uses.

5. Home occupations.

6. Changes of zoning designation.

7. Mobile/manufacture home parks.

8. Time extensions for plats.

9. Shoreline management permits.

10. Other quasi-judicial actions as determined by the city council.

D. Quasi-judicial and/or legislative determinations which are exempt from all or part of Chapter 36.70B RCW are intentionally excluded from the above listings. Such exclusions may be subject to SEPA compliance, and all require public notice and hearing. Said exclusions include, but are not limited to, comprehensive plan and/or subarea plan adoption or amendment, adoption or amendment of development regulations, annexations, street vacations, and siting of essential public facilities. (Ord. 722 § 175, 1998)

19.08.030 Project review process summary.

The following is a general summary of the project review process and procedures by project category type. Different types of projects are also governed by regulations in other municipal code titles and chapters. Hence, procedures may vary, depending upon the nature of the project:


Procedure Element	Type I	Type II	Type III
Early consultation	Optional	Optional	Varies
Determination of completeness	Varies	Yes	Yes
Consistency determination	Yes	Yes	Yes
City and agency review	Yes	Yes	Yes
Notice of application and public notice	No	Varies	Yes
SEPA threshold determination	No	Varies	Yes
Predecision open record hearing	No	Varies	Yes
Notice of decision	Yes	Yes	Yes
Open record city council appeal	Yes	Varies	No
Closed record city council appeal	No	Varies	Yes
Judicial appeal to court	Yes	Yes	Yes

(Ord. 722 § 175, 1998)

19.08.040 Uniform appeal process.

Any notice of decision issued administratively for a Type I or Type II permit, or any administrative interpretation of development regulations applied to any type of permit application, may be appealed to the city council. Further information and requirements regarding appeals are set forth in DPMC 19.16.070 (Open record public hearing), 19.16.090 (Appeals), and 19.16.100 (Closed record decisions and appeals) of this title.

A. When the decision or interpretation has not involved an open record predecision hearing, the city council shall conduct an open record appeal hearing on the matter.

B. When the decision or interpretation has involved an open record predecision hearing, the city council shall conduct a closed record appeal hearing on the matter. (Ord. 722 § 175, 1998)