Chapter 16.10
TYPES OF REVIEW PROCEDURES

Sections:

16.10.010    Purpose.

16.10.020    Definitions.

16.10.030    Project permit processing and exemptions.

16.10.040    Consolidated permit processing.

16.10.050    Determination of proper processing procedure.

16.10.060    Table of permits and procedures.

16.10.010 Purpose.

This title addresses the review of three different types of procedures: legislative, administrative and quasi-judicial (or a combination of administrative and quasi-judicial – see definitions in PMC 16.10.020). The purpose of this title is to:

A. Legislative. Establish standard procedures to provide notice to the public of the city’s efforts in drafting legislation, i.e., ordinances for comprehensive planning and development regulations, to involve the public and property owners in these efforts, and for the adoption of such comprehensive plans and development regulations.

B. Administrative and/or Quasi-Judicial. Establish standard procedures for the review of administrative and quasi-judicial applications, to allow participation in the process by the applicant and the public, to ensure the issuance of a timely decision on such applications, and to provide an administrative appeal process for such decisions. (Ord. 2050 § 1 (Exh. A), 2021).

16.10.020 Definitions.

A. Procedures. There are four types of permit/approval procedures: administrative, combination (a combination of administrative and quasi-judicial), quasi-judicial and legislative.

1. Administrative. Administrative decisions are made with no or limited public notice and without a public hearing. This type of procedure is used when there are clear and objective approval criteria, and where the application of city standards and criteria requires little to no use of discretion. In limited circumstances, a public meeting may be required.

2. Combination (Administrative with Quasi-Judicial). Combination decisions are those decisions that involve the administrative process for the permit decision, and require the exercise of discretion by the decision makers in an appeal (if any). In the administrative portion of a combination decision, there is notice to the public but no public hearing (the administrative process), although there is notice to the public and an open record public hearing (the quasi-judicial process) in the appeal (if any).

3. Quasi-Judicial. Quasi-judicial decisions require the use of substantial discretion and may involve applications of broad public interest. Quasi-judicial decisions are made with notice to the public and an open record public hearing, with an opportunity for an appeal in a closed record hearing.

4. Legislative. Legislative applications/approvals involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations, zoning changes, and comprehensive plan amendments that apply to entire zoning districts, not just one parcel of property). Legislative matters are considered with notice to the public in one or more public hearing(s), initially by the planning commission, or in the case of a development agreement, the hearing examiner, and with final decisions made by the city council. Provided, however, that the council may exercise its discretion to bypass the planning commission, in which case the council would hold the public hearing(s).

B. General.

1. “Director” means the city community development manager. The terms “director” and “community development manager” may be used interchangeably.

2. “Closed record appeal” means an administrative appeal on the record to a decision maker(s), 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.

3. “Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the city to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city. An open record hearing may be held prior to the city’s decision on a project permit, to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record hearing,” if no open record predecision hearing has been held on the project permit.

4. “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, shoreline conditional use permits, shoreline variances, site plan review, permits or approvals required by critical area ordinances (such as variances or reasonable use exceptions), 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 subsection.

5. “Public meeting” means an informal meeting, hearing, open house, workshop or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, or 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 local government’s project permit application file. (Ord. 2050 § 1 (Exh. A), 2021).

16.10.030 Project permit processing and exemptions.

A. Certain types of permit applications subject to administrative, combination and quasi-judicial processing must be processed by the city according to a procedure established by state law, called “project permit processing.” The permit applications subject to project permit processing are specifically defined in RCW 36.70B.020 and are identified in the chapter of this code relating to each individual application (i.e., conditional use permit, short plat, etc.). Legislative actions are completely exempt from project permit processing.

B. Other permit applications/approvals may be required to follow some procedures associated with project permit processing, but not all. These include the following:

1. Street use permits, street vacations, or any other approvals relating to the use of public areas or facilities, and landmark designations, are exempt from the following procedures:

a. Determination of completeness (PMC 16.20.040);

b. Notice of application (PMC 16.30.010);

c. Consolidated project permit review (PMC 16.10.040);

d. Except for the appeal of a DS, no more than one consolidated open record hearing and one closed record appeal;

e. Issuance of a notice of decision and issuance of notice of decision within an established time period (PMC 16.50.100(E)); and

f. Completion of review and all appeals within an established time period (PMC 16.50.100).

2. Permits categorically exempt from SEPA (such as building permits for minor construction), or if environmental review has been completed in conjunction with other project permits, including but not limited to: building permits, grading permits, boundary line adjustments, concurrency determinations, and impact fee decisions, are not subject to the procedures set forth in subsections (B)(1)(a) through (f) of this section. (Ord. 2050 § 1 (Exh. A), 2021).

16.10.040 Consolidated permit processing.

A. Administrative and quasi-judicial project permit applications may be processed in a consolidated manner which provides for the integrated review and decision on two or more project permit applications relating to a proposed project action. If the applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated review process. The applicant must request consolidation processing of his/her project permit applications at the time of application submittal.

B. The city shall make the determination whether the applicant’s project permit applications are subject to consolidation under PMC 16.10.050. Administrative project permit applications cannot be consolidated for processing with legislative applications/actions. Quasi-judicial project permit applications cannot be consolidated for processing with legislative applications/actions. See PMC 16.10.050(A)(3). (Ord. 2050 § 1 (Exh. A), 2021).

16.10.050 Determination of proper processing procedure.

A. This title establishes the correct procedure for processing a project permit application. The following general rules shall apply in situations involving project permit applications that are not otherwise specifically identified herein. The determination of the proper procedure for processing applications is an administrative decision made by the director that shall be consolidated with the underlying project permit application.

1. Concurrent Processing of One or More Administrative Application(s) and One or More Quasi-Judicial Application(s) for the Same Project. Applicants may request that administrative applications be consolidated for processing with quasi-judicial applications at the time the applicant submits a complete application. If the decision maker for each application is different, the highest decision maker shall make the decision on all applications. The city council is the highest decision maker, below the council the order of decision makers from highest to lowest are the hearing examiner, planning commission or design review board, and then the director.

2. Concurrent Processing of Administrative or Quasi-Judicial Applications Where Approval of One Application Is Contingent on the Other. If an applicant requests that an administrative or quasi-judicial application be consolidated for processing with another quasi-judicial application, but approval of one is contingent upon the other, the city may still consolidate both for processing. The application that must be approved in order for the other application to be approved will be addressed first during the open record hearing, and if denied, then both applications will be denied.

3. Concurrent Processing of Administrative or Quasi-Judicial Applications with Legislative Approvals or Actions. See PMC 16.10.040(B). Legislative applications/actions (such as comprehensive plan amendments) cannot be consolidated or concurrently processed with any quasi-judicial or administrative application(s) for processing. The most frequently encountered situation is an applicant’s request that the city concurrently process a site-specific rezone (a quasi-judicial application) together with a comprehensive plan amendment (a legislative approval). The city cannot concurrently process the site-specific rezone with the comprehensive plan amendment if the site-specific rezone implements the comprehensive plan amendment.

4. Concurrent Processing of Site Development Permit with Building Permit. Applicants are strongly encouraged to complete site development permit review prior to submittal of an application for any building permit. No building permit shall be issued prior to completion of the site development permit when a site development permit is first required. Applicants submitting applications for any building permits before completing site development permit review do so at their own risk and must complete a concurrent review waiver. (Ord. 2072 § 2, 2023; Ord. 2050 § 1 (Exh. A), 2021).

16.10.060 Table of permits and procedures.

Procedure for Project Permit Applications
	Administrative	Combination	Quasi-Judicial	Public Meeting	Legislative
Recommendation made by:	N/A	N/A	N/A	N/A	Planning commission2, 4
Final decision made by:	Director	Director	Hearing examiner	City council	City council
Notice of application:	No5	Yes	Yes	Yes3	No
Open record public hearing or open record appeal of a final decision:	Yes	Only if appealed, open record hearing before hearing examiner	Yes, before hearing examiner to render final decision	No	Yes, before planning commission which makes recommendation to city council4
Closed record appeal/final decision	No	No	No, only if site-specific rezone appealed, then before council	No appeal, council makes final decision	Yes, or council could hold its own hearing
Judicial appeal	Yes1	Yes1	Yes1	Yes	Yes6

1. Shoreline appeals go to Shorelines Hearings Board (see PMC 21.50.200).

2. A “recommendation,” as used here, does not encompass the issuance of a predecision staff report unless otherwise specified in this code.

3. Notice of application to applicant.

4. Development agreements are legislative but shall be processed with a recommendation from the hearing examiner with the final decision made by the council.

5. Unless otherwise specified in the code.

6. Judicial appeal or appeal to the growth management hearing board, as may be applicable.

	Decisions
	Administrative	Combination	Quasi-Judicial	Legislative
Boundary line adjustment	X
Development agreement				X**
Short subdivisions	X
Large lot subdivisions	X
Preliminary subdivision plats			X
Final plats	X*
Final binding site plans	X
Short plat vacations and alterations	X
Plat vacations and alterations			X
Binding site plan vacations and alterations			X
Preliminary binding site plan	X
Conditional use permits			X
Administrative conditional use permit	X
Quasi-judicial zoning map amendment			X
Variances			X
Administrative variances	X
Administrative interpretation	X
Nonconforming determination permit	X
Planned residential development			X
Sign permits	X
Building permit	X
Comprehensive plan amendment				X
Development regulation amendment				X
Annexations				X
Area-wide rezone				X
Shoreline exemption	X
Shoreline substantial development permit			X
Administrative shoreline substantial development permit	X
Shoreline variance			X
Shoreline conditional use permit			X
Critical areas code variance			X
Critical areas code reasonable use exemption			X
Stormwater management permit	X
Stormwater management permit for grading	X
SEPA determination	X
Site development permit I	X
Site development permit II		X
Temporary use permit	X

*    The final decision on a final plat is made by the city council during a regular meeting without a public hearing (RCW 58.17.170). The procedure is not totally administrative, but it does not fit wholly within the other categories.

**    Development agreements are legislative but shall be processed with a recommendation from the hearing examiner with the final decision made by the council.

(Ord. 2050 § 1 (Exh. A), 2021).