Chapter 19.01
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
19.01.020 Procedures for processing project permits.
19.01.030 Determination of proper procedure type.
19.01.040 Project permit application framework.
19.01.050 Joint public hearings.
19.01.060 Legislative decisions.
19.01.070 Legislative enactments not restricted.
19.01.080 Exemptions from project permit application processing.
19.01.090 Administrative interpretations.
19.01.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.
“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no new evidence or information allowed to be submitted and only appeal argument allowed.
“Local government” means the city of Prosser.
“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government’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 appeal hearing,” if no open record predecision hearing has been held on the project permit.
“Project permit” or “project permit application” means any land use or environmental permit or license required from a local government for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, 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.
“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 local government’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. 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. 1916 § 1 (part), 1997).
19.01.020 Procedures for processing project permits.
For the purpose of project permit processing, all development permit applications shall be classified as one of the following: type I, type II, type III or type IV. Legislative decisions are type V actions, and are addressed in Section 19.01.060. Exclusions from the requirements of project permit application processing are contained in Section 19.01.080. (Ord. 1916 § 1 (part), 1997).
19.01.030 Determination of proper procedure type.
A. Determination by Administrator. The city administrator or his/her designee (hereinafter the “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.
B. 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 determine whether the application shall 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 numbered procedure.
C. Decision-maker(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 decision-maker(s). The city council is the highest, followed by the planning commission, then the board of adjustment, and then the administrator. Joint public hearings with other agencies shall be processed according to Setion 19.01.050. (Ord. 1916 § 1 (part), 1997).
19.01.040 Project permit application framework.
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ACTION TYPE |
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PROCEDURE PROJECT PERMIT APPLICATIONS (TYPE I—IV) LEGISLATIVE |
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Type I |
Type II |
Type III |
Type IV |
Type V |
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Recommendation made by: |
N/A |
N/A |
Staff |
Planning Commission |
Planning Commission |
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Final decision made by: |
Admin. |
Admin. |
Planning Commission or Board of Adjustment |
City Council |
City Council |
|
Notice of application |
No |
Yes |
Yes |
No |
No |
|
Open record public hearing: |
Only if appealed, open record hearing before City Council |
Only if appealed, open record hearing before City Council |
Yes, before Planning Commission or Board of Adjustment to render final decision |
No |
Yes, before Planning Commission to make recommendation to Council |
|
Closed record appeal/final decision: |
No |
No |
Only if appealed, then before Council, unless rezone, preliminary and final plats then before Council for approval |
Yes, before Council to render final decision |
Yes, or Council could hold its own hearing |
A. The following are Type I land use decisions unless they require SEPA review, in which case they shall be a Type II land use decision:
1. Permitted uses not requiring site review in accordance with Section 18.75.040.
2. Boundary line adjustments.
3. Lot consolidations.
4. Sign permits in accordance with Chapter 18.72 unless a different process is designated in that chapter for a specific permit.
5. Minor amendment to PUD in accordance with Section 18.58.100.
6. Design review in accordance with Chapter 18.07.
7. Affordable housing density bonus in accordance with Section 18.35.040(G).
8. Accessory apartments in accordance with Section 18.60.140.
9. Family day care homes in accordance with Section 18.60.190.
10. Administrative exemption in accordance with Section 18.81.160.
11. Housing for people with functional disabilities apartments in accordance with Section 18.60.200.
12. Nomadic vendors in accordance with Section 18.60.270.
13. Special event permits in accordance with Chapter 5.30.
14. Permits or decisions issued or rendered in accordance with Chapter 18.87.
15. Administrative code interpretation in accordance with Section 19.01.090.
B. The following are Type II land use decisions:
1. Site plan review in accordance with Section 18.30.040(G).
2. Site review in accordance with Section 18.75.040.
3. Binding site plans in accordance with Chapter 17.30.
4. Nursery schools and day care centers in accordance with Section 18.60.060.
5. Rooming houses and boarding houses in accordance with Section 18.60.120.
6. Short plats or short plat amendments in accordance with Chapter 17.15, unless it contains a dedication of right-of-way, in which case it shall be a Type III decision.
7. Home occupations in accordance with Section 18.75.060.
8. Similar uses in accordance with Section 18.75.070.
9. Temporary structure or use in accordance with Section 18.75.090.
C. The following are Type III land use decisions:
1. Preliminary plats or alteration of preliminary plats in accordance with Chapter 17.12 (planning commission recommendation).
2. Planned area developments in accordance with Chapter 17.20 (planning commission recommendation).
3. Plat vacations or alterations in accordance with Chapter 17.28 (planning commission recommendation).
4. Planned unit development in accordance with Chapter 18.58 (planning commission recommendation).
5. Clustering in accordance with Chapter 18.59 (planning commission recommendation).
6. Bed and breakfast operations in accordance with Section 18.60.240 (board of adjustment).
7. Sign code variance in accordance with Section 18.72.110 (board of adjustment).
8. Conditional use permits in accordance with Section 18.75.050 (board of adjustment).
9. Variances in accordance with Section 18.75.080 (board of adjustment).
10. Recreational vehicle parks in accordance with Section 18.60.250 (board of adjustment).
11. Site-specific rezones in accordance with Section 18.78.020 (planning commission recommendation).
12. Shoreline substantial development permits (planning commission decision).
13. Shoreline variances (planning commission decision).
14. Shoreline conditional use permits (planning commission decision).
D. The following are Type IV land use decisions:
1. Final plats in accordance with Chapter 17.14 (planning commission recommendation).
E. The following are Type V land use decisions:
1. Area-wide rezones in accordance with Section 18.78.020 (planning commission recommendation).
2. Establishment of overlay zones in accordance with Chapter 18.81 unless they are site-specific; then they are processed as a Type III land use decision (planning commission recommendation).
3. Zoning text amendments in accordance with Section 18.78.040 (planning commission recommendation).
4. Comprehensive plan amendments (planning commission recommendation).
5. Annexations (city council). (Ord. 2925 § 1, 2015: Ord. 1916 § 1 (part), 1997).
19.01.050 Joint public hearings.
A. Administrator’s Decision to Hold Joint Hearing. The administrator may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal or other agency on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met.
B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.
C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:
1. The other agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance or rule; and
3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing. (Ord. 1916 § 1 (part), 1997).
19.01.060 Legislative decisions.
A. Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
1. Zoning code text and zoning district amendments;
2. Adoption of development regulations and amendments;
3. Area-wide rezones to implement new city policies;
4. Adoption of the comprehensive plan and any plan amendments; and
5. Annexations.
B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions listed in subsection A of this section. The public hearing shall be held in accordance with the requirements of Chapter 19.05.
C. City Council. The city council may consider the planning commission’s recommendation in a public meeting held in accordance with the requirements of Chapter 19.05 or 19.06.
D. Board of Adjustment. The board of adjustment shall hold a public hearing and render a decision on conditional use permits and variances.
E. Public Notice. Notice of the public hearing shall be provided to the public as set forth in Section 19.03.030.
F. Implementation. The city council’s decision shall become effective by passage of an ordinance. (Ord. 1916 § 1 (part), 1997).
19.01.070 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, as part of an annual revision process, or to make changes to the city’s development regulations. (Ord. 1916 § 1 (part), 1997).
19.01.080 Exemptions from project permit application processing.
A. Whenever a permit or approval in the Prosser Municipal Code has been designated as a type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street vacations;
3. Street use permits.
B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and Title 16 of this code (SEPA), 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 (Section 19.02.030(A));
2. Notice of application (Section 19.02.040);
3. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (Section 19.01.030(B));
4. Joint public hearings (Section 19.01.050);
5. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing (Section 19.05.020(C));
6. Notice of decision (Section 19.05.080);
7. Completion of project review within any applicable time periods (including the one hundred twenty-day permit processing time) (Sections 19.05.080, 19.05.090). (Ord. 1916 § 1 (part), 1997).
19.01.090 Administrative interpretations.
A decision of the administrator as to the meaning, application or intent to any development regulation as it relates to a specific piece of property may be requested by an applicant at any time prior to a final decision on a project permit application to which the regulation may be applied. The request shall be on a form provided by the administrator and include identification of the regulation in question, a description of the property, and a clear statement of the issue or question to be decided. (Ord. 1916 § 1 (part), 1997).
19.01.990 Severability.
If any section, sentence, clause or phrase of this chapter or the remainder of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or the remainder of this title. (Ord. 2925 § 6, 2015).