Chapter 20.04
DETERMINATION OF CONSISTENCY
Sections:
20.04.001 Determination of consistency with development regulations and comprehensive plan.
20.04.002 Initial SEPA analysis.
20.04.001 Determination of consistency with development regulations and comprehensive plan.
A. Consistency. Upon receipt of a development application, the department of community services shall make a determination of consistency. Specifically, the department shall evaluate and document, in a staff report, the consistency of the development project with subsections (A)(1) through (4) of this section, as defined in the development regulations and the comprehensive plan or elements thereof.
1. The type of land uses permitted at the site, including uses that may be allowed under certain circumstances, and if the criteria for their approval have been satisfied;
2. The level of allowed development, such as units per acre; density of residential development in urban growth areas, or other measures of density;
3. Whether available and adequate infrastructure, as identified in the comprehensive plan and/or development regulations, is available, or planned to be available, including necessary funding, to serve the development; and
4. The character of the proposed development, including but not limited to applicable design review standards.
B. Interpretation of Development Regulations. Upon written request or as determined necessary, the director of community services shall interpret the meaning or application of land use codes affected by this title, and shall issue a written administrative interpretation within thirty (30) calendar days of such request or need.
C. Effect. During development project review, consistency determinations made in relation to subsections (A)(1) through (4) shall be controlling. The city or any subsequent reviewing body shall seek guidance from the development regulations and comprehensive plan, or elements thereof, in evaluating these consistency factors. Code interpretation matters can and shall be made in reviewing development projects, however, subsections (A)(1) through (4) are to represent the fundamental basis for a determination of consistency.
D. Procedure. Nothing in this section requires documentation, dictates the city’s procedure for considering consistency, or limits the city from asking more specific or related questions with respect to any of the four items listed under subsection (A). (Ord. 989 § 1 (part), 1996).
20.04.002 Initial SEPA analysis.
A. The community services department shall also review nonexempt development permit(s) under the requirements of the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW; the SEPA Rules, Chapter 197-11 WAC; and the city’s environmental policy ordinance as codified in Chapter 14.04 of this code. The city shall provide prompt, integrated, and coordinated review between the comprehensive plan, development regulations, and SEPA regulations. Specifically, the department shall:
1. Determine whether its comprehensive plan, elements thereof, and/or development regulations require studies or reports that adequately analyze all of the development’s probable adverse environmental impacts;
2. Determine whether its comprehensive plan, elements thereof, and/or development regulations require measures that adequately address such environmental impacts.
B. The city’s comprehensive plan, including elements thereof, and its development regulations provide adequate analysis of, and mitigation for, adverse environmental impacts of a development when:
1. The impacts have been avoided or otherwise mitigated; or
2. The city has designated as acceptable certain levels of service, land use designations, development standards, or other land use standards, including but not limited to those in Section 20.04.001(A)(1) through (4) that would result from the development proposal.
C. If the city determines that requirements for environmental analysis, protection, and mitigation measures are adequately addressed in its comprehensive plan and/or development regulations, it shall not impose additional mitigation measures. Project review and SEPA mitigation shall be used to identify specific development design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a project’s adverse environmental impacts.
D. If the city determines that requirements for environmental analysis, protection, and mitigation measures are not adequately addressed in its comprehensive plan and/or development regulations, it may condition a project on applicable county, regional, state, or federal plans and/or land use and environmental regulations. In such instance, the city shall consult orally and/or in writing with the respective county, regional, state, or federal agency, and defer to their respective expertise.
E. Nothing in this section limits the authority of the city to condition and/or deny a nonexempt development project based on other applicable city policies, ordinances, resolutions, rules, or regulations not identified in Section 20.04.002(1) or (2), per authority of RCW 43.21C.060 and Section 14.04.330 of this code. (Ord. 989 § 1 (part), 1996).