Chapter 18.04
ADMINISTRATIVE PROCEDURES
Sections:
18.04.030 Procedures for processing project permits.
18.04.040 Determination of proper procedure type.
18.04.050 Legislative decisions.
18.04.060 Legislative enactments not restricted.
18.04.070 Exemptions from project permit application processing.
18.04.010 Purpose.
An ordinance of the city of Pateros, Washington, relating to land use and zoning, adopting new administrative procedures for the processing of project permit applications, as required by the Regulatory Reform Act, Chapter 36.70B RCW; combining the environmental review process, both procedural and substantive, with the procedures for review of project permits, and except for the appeal of a determination of significance providing for no more than one open record hearing and one closed record appeal; and establishing a process for the conduct of open record hearings and closed record decisions and appeals. (Ord. 98-568 (part), 1998)
18.04.020 Conflicts.
In the event provisions related to open record hearings, closed record appeals and judicial appeals found in any other title or regulatory document of the city conflict with any provisions of this title, the provisions of this title shall supersede and control unless otherwise specified by Washington state statute. Such titles and documents may include, but are not limited to the subdivision ordinance, zoning ordinance, SEPA guidelines ordinance, and shoreline master program. (Ord. 98-568 § 1.1, 1998)
18.04.030 Procedures for processing project permits.
For the purpose of project permit processing and as shown by Table A, set out at the end of this chapter, all development permit applications shall be classified as Type I, Type II or Type III. Legislative decisions are Type IV actions and are addressed in Section 18.04.050 of this chapter. Exemptions from the requirements of project permit application processing are contained in Section 18.04.070 of this chapter. (Ord. 98-568 § 1.2, 1998)
18.04.040 Determination of proper procedure type.
A. Permit Administrator. The city permit administrator shall be the city clerk or such official as shall be designated by the city clerk with the approval of the mayor and city council.
B. Determination by Permit Administrator. Using Table A, Permit Procedure Types I—III, set out at the end of this chapter, the permit administrator shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the administrator shall resolve it in favor of the higher procedure type number.
C. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may request that the application be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower number procedure.
D. Decisionmaker(s). Applications processed in accordance with subsection B of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decisionmaker(s). The city council is the highest followed by the planning commission, as applicable, and then by the administrator.
(Ord. 98-568 § 1.3, 1998)
18.04.050 Legislative decisions.
A. Decisions. The following decisions are legislative and are not subject to the procedures in this chapter, unless otherwise specified:
1. Adoption or amendment of the comprehensive plan;
2. Adoption of development regulations and amendments thereto;
3. Area-wide rezones to implement new city policies;
4. Adoption of the shoreline master program, and amendments thereto;
5. Annexations.
B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the legislative decisions listed in subsection A of this section. The public hearing shall be held in accordance with the requirements of Chapter 18.20 of this title.
C. City Council. The city council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of Chapter 18.20 of this title.
D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in Section 18.12.040 of this title.
E. Implementation. The city council’s decision shall become effective by passage and subsequent publication of an ordinance.
(Ord. 98-568 § 1.4, 1998)
18.04.060 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, or to make changes to the city’s development regulations. (Ord. 98-568 § 1.5, 1998)
18.04.070 Exemptions from project permit application processing.
A. The following permits or approvals are, specifically excluded from the procedures set forth in this title:
1. Street vacations;
2. Street use permits.
B. Pursuant to RCW 36.70B.140(2), building permits, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under RCW 43.21C, the State Environmental Policy Act; and Title 18.04, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:
1. Determination of completeness, see Section 18.08.030(A) of this title;
2. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing, see Section 18.08.030(B) of this title;
3. Joint public hearings, see Section 18.20.080 of this title;
4. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing, see Section 18.20.020(C) of this title;
5. Notice of decision, see Section 18.20.090 of this title;
6. Completion of project review within any applicable time periods (including the one hundred twenty (120) day permit processing time), see Section 18.20.100 of this title.
(Ord. 98-568 § 1.6, 1998)
|
Table A |
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|---|---|---|---|---|
|
Permit Procedure Types I—III |
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|
Permit Type |
Recommendation |
Open Record |
Final Decision |
Appeal Body |
|
Type I—Administrative approval. No planning commission involvement. No council involvement unless appeal is filed. |
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|
Boundary line adjustments |
NA |
No |
Administrator |
City council (open record) |
|
Short plat |
NA |
No |
Administrator |
City council (open record) |
|
Business licenses |
NA |
No |
City clerk |
City council (open record) |
|
Building permits |
NA |
No |
Building official |
None |
|
Shoreline substantial |
NA |
Only if the administrator or council determines that the development is one of special significance (See SMP). |
Administrator, unless public hearing is held by council. |
Appeal of administrator’s decision regarding SDP goes to council. Appeal of council decisions regarding SDPs goes to State Shoreline Hearings Board. |
|
Shoreline statement of |
NA |
No |
Administrator |
City council (open record) |
|
Floodplain development |
NA |
No |
Administrator |
City council (open record) |
|
Qualified exemption from subdivision ordinance |
NA |
No |
Administrator |
City council (open record) |
|
Home occupation |
NA |
No |
Administrator |
City council (open record) |
|
Statement of nonconformity |
NA |
No |
Administrator |
City council (open record) |
|
Access permits |
NA |
No |
Public works superintendent |
City council (open record) |
|
SEPA determinations |
NA |
No |
Administrator |
City council (open record) |
|
Itinerant vendor |
NA |
No |
City clerk |
City council (open record) |
|
Type II—Recommendation by administrator and planning commission, |
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|
Conditional use permits |
Administrator/planning commission |
City council |
City council |
Superior court |
|
Variances—Subdivision and zoning |
Administrator/planning commission |
City council |
City council |
Superior court |
|
Nonconforming use variances |
Administrator/planning commission |
City council |
City council |
Superior court |
|
Shoreline variances |
Administrator/planning commission |
City council |
City council. Decision of council forwarded to Department of Ecology for final approval. |
No local appeal. Appeals can be submitted to State Shoreline Hearings Board. |
|
Shoreline conditional use |
Administrator/planning commission |
No |
City council. Decision of council forwarded to Department of Ecology for final approval. |
Superior court |
|
Final approval of planned |
Administrator/planning commission |
No |
City council. May be referred to planning commission for further review. |
Superior court |
|
Final approval of long plat |
Administrator/planning commission |
No |
City council. Council may send back to planning commission if final plat is significantly changed, in which case final plat approval becomes a Type III permit. |
Superior court |
|
Floodplain development |
Administrator/planning commission |
Yes, before council prior to |
City council |
Superior court |
|
Type III—Recommendation by planning commission; final decision by city council. |
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Preliminary approval of long plats |
Planning commission |
Yes, before planning commission prior to making its recommendation to council. |
City council |
Superior court |
|
Preliminary approval of planned developments |
Planning commission |
Yes, before planning commission prior to making its recommendation to council. |
City council |
Superior court |
|
Rezones |
Planning commission |
Yes, before planning commission prior to making its recommendation to council. |
City council |
Superior court |
|
Plat vacations and alterations |
Planning commission |
Yes, before planning commission prior to making its recommendation to council. |
City council |
Superior court |
(Ord. 01-606 § 1, 2001; Ord. 98-568 (part), 1998)