4-8-080 PERMIT CLASSIFICATION:
A. PURPOSE:
The purpose of this Section is to outline the procedure and time requirements for the various development applications reviewed by the City. All development applications are classified and processed according to the land use permit procedures, as identified in subsection G of this Section. (Amd. Ord. 6149, 11-18-2024)
B. REVIEW PROCESS BASED UPON APPLICATION TYPE:
Subsection G of this Section lists the development applications and explains the basic steps in the review process. This table also outlines the responsible review authority. More specific details regarding specific land use application procedures and decision criteria are located in chapter 4-9 RMC, Permits – Specific. If the code does not expressly provide for review according to one of the six (6) types of permit review procedures in subsection G of this Section, and another specific procedure is not required by law, the Administrator shall classify the application. (Ord. 4587, 3-18-1996; Amd. Ord. 4660, 3-17-1997; Ord. 4963, 5-13-2002; Ord. 6149, 11-18-2024)
C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS:
1. Consolidation Process Resulting in a Single Open Record Public Hearing: An applicant seeking approval of multiple permits with varying review and decision authority shall consolidate the applications for a single review process. Consolidated review shall provide for only one open record hearing and no more than one closed record appeal period. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals. Where hearings are required for permits from other local, State, regional, or Federal agencies, the City will cooperate to the fullest extent possible with the outside agencies to hold a single joint hearing.
2. Review Authority for Multiple Permit Applications: Where more than one land use permit application is required for a given development, an applicant may file all related permit applications concurrently, pay appropriate fees, and the processing may be conducted under the consolidated review process. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest-number procedure, as identified in subsection G of this Section, and highest level of review authority, as identified in RMC 4-8-070, that applies to any of the applications. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals.
3. Exceptions to Consolidated Review: The following permits or approvals are exempt from the consolidated review process:
a. Type V and Type VI Land Use Permits;
b. Approvals relating to the use of public areas or facilities; and
c. Other project permits, whether administrative or quasi-judicial, that the City by ordinance or resolution has determined present special circumstances that warrant a review process or time periods for approval which are different from that provided by this Section. (Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005; Ord. 5853, 8-7-17; Ord. 6149, 11-18-2024)
D. (Repealed by Ord. 5853, 8-7-17)
E. PERMIT REVIEW TIME PERIODS:
For permit types I through IV, the final decisions for permits shall be issued within the permit review time period applicable to the permit type, as shown in the following table, unless the applicant or property owner(s) consents to an extension of such time period. The number of days an application is in review shall be calculated (counting every calendar day) from the day permit application completeness is determined, as provided in RMC 4-8-100C, Determination of Complete Application, to the date a final decision is issued on the project permit application, excluding time periods identified in subsection F of this Section. If a project application is substantially revised by an applicant, the applicable time period shall start again after the revised project application is determined to be complete. Any written notice from the Department to the applicant and property owner(s) that indicates additional information is required to further process the application shall include a notice that nonresponsiveness for sixty (60) consecutive days may result in thirty (30) days being added to the time for permit review, pursuant to RCW 36.70B.080(1)(ii).
|
PERMIT TYPE |
REVIEW TIME PERIOD |
|---|---|
|
TYPE I |
65 days |
|
TYPE II |
100 days |
|
TYPE III |
170 days |
|
TYPE IV |
170 days |
(Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005; Ord. 5853, 8-7-17; Ord. 6149, 11-18-2024)
F. EXCLUSIONS FROM PERMIT REVIEW TIME PERIODS:
In determining the number of days elapsed since the applicant was notified that the application is complete, the following shall be excluded from permit review time periods identified in subsection E of this Section (“stopping the clock”):
1. Exemptions from State Process Requirements: Development applications that are specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements, are not subject to the permit review time periods.
2. Revisions/Additional Information Required: The time period in which an applicant has been requested by the Department to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the Department notifies the applicant in writing of the need for additional information until: (a) the date the Department determines the additional information satisfies the request for information, or (b) fourteen (14) days after the date acceptable information has been provided to the City, whichever is earlier. If the Department determines that the information submitted is insufficient, it shall notify the applicant of the deficiencies and the review clock will remain stopped.
3. Administrative Appeals or Reconsiderations: Any period after an administrative appeal or reconsideration is filed until the administrative appeal or reconsideration is resolved.
4. EIS Preparation: A period of two hundred fifty (250) days for the preparation of a draft environmental impact statement (DEIS), following a determination of significance. This time frame shall commence after the final scoping of the DEIS is complete.
5. Applicant Agreements: Any time extension mutually agreed in writing upon by the applicant or property owner(s) and the Department. (Ord. 5853, 8-7-17; Am. Ord. 6149, 11-18-2024)
G. LAND USE PERMIT PROCEDURES:
|
LAND USE PERMITS |
PUBLIC NOTICE OF APPLICATION |
RECOMMENDATION |
OPEN RECORD HEARING7 |
DECISION/ ADOPTION |
OPEN RECORD APPEAL |
CLOSED RECORD APPEAL |
JUDICIAL APPEAL |
|---|---|---|---|---|---|---|---|
|
TYPE I |
|||||||
|
Building and Grading Permits1 |
|
|
|
Staff |
HE |
CC |
SC |
|
Deferrals |
|
|
|
Staff |
HE |
CC |
SC |
|
Final Plats |
|
|
|
Staff |
|
CC |
SC |
|
Lot Line Adjustments |
|
|
|
Staff |
HE |
CC |
SC |
|
Minor Modification to Previously Approved Site Plan (<10%) |
|
|
|
Staff |
HE |
CC |
SC |
|
Modifications, Deviations, Alternates of Various Code Standards2 |
|
|
|
Staff |
HE |
CC |
SC |
|
Public Art Exemption Certificate |
|
|
|
Staff |
HE |
CC |
SC |
|
Routine Vegetation Management Permits (SEPA exempt) |
|
|
|
Staff |
HE |
CC |
SC |
|
Shoreline Exemptions |
|
|
|
Staff |
HE |
CC |
SC |
|
Small Cell Permits |
|
|
|
Staff |
HE |
CC |
SC |
|
Special Fence Permits |
|
|
|
Staff |
HE |
CC |
SC |
|
Temporary Use Permit: Tier I |
|
|
|
Staff |
HE |
CC |
SC |
|
Waivers2 |
|
|
|
Staff |
HE |
CC |
SC |
|
Other SEPA Exempt Activities/Actions |
|
|
|
Staff |
HE |
CC |
SC |
|
TYPE II |
|||||||
|
Additional Animals Permit |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Additional Vehicles Permit |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Conditional Approval Permit (nonconforming structures) |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Critical Area Permit |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Home Occupation Permit, special |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Planned Urban Development, final |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Temporary Use Permits: Tier II |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Temporary Emergency Wetland Permit |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Variances, Administrative |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Binding Site Plans |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Conditional Use Permit (administrative) |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Development Permit (special flood hazard) |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Environmental Review9 |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Master Site Plan Approvals (individual phases) |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Site Plan Review (administrative) |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
Shoreline Permit |
Yes |
|
|
Staff |
DOE |
CC |
SC |
|
Short Plats |
Yes |
|
|
Staff |
HE |
CC |
SC |
|
TYPE III4 |
|||||||
|
Bulk Storage Special Permit |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Conditional Use Permit (Hearing Examiner) |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Fill and Grade Permit, Special |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Major Amendments to Plats |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Master Site Plan Approval (overall plan) |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Mobile Home Parks, Preliminary and Final |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Planned Urban Development, preliminary |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Preliminary Plats – 10 Lots or More |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Shoreline Conditional Use Permit6 |
Yes |
Staff |
HE |
DOE, HE |
|
SHB |
|
|
Shoreline Variance6 |
Yes |
Staff |
HE |
DOE, HE |
|
SHB |
|
|
Site Plan Review (Hearing Examiner) |
Yes |
Staff |
HE |
HE |
|
CC |
|
|
Special Permits |
Yes |
Staff |
HE |
HE |
|
CC |
|
|
Temporary Use Permits: Tier III Temporary Homeless Encampments |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Variances (associated with Hearing Examiner land use review) |
Yes |
Staff |
HE |
HE |
|
CC |
|
|
TYPE IV4 |
|||||||
|
Rezones (site-specific, not associated with a Comprehensive Plan amendment) |
Yes |
Staff, HE |
HE |
CC |
|
|
SC |
|
TYPE V4 |
|||||||
|
Street Vacations8 |
Yes |
Public Works Staff |
CC |
CC |
|
|
SC |
|
TYPE VI4 |
|||||||
|
Development Regulation Text Amendments8 |
Yes |
Staff, PC |
PC |
CC |
|
|
GMHB |
|
Comprehensive Plan Map or Text Amendments (may include associated rezones)8 |
Yes |
Staff, PC |
PC |
CC |
|
|
GMHB |
LEGEND:
Staff – Community and Economic Development Staff
ERC – Environmental Review Committee
PC – Planning Commission
Admin. – Community and Economic Development Administrator
HE – Hearing Examiner
CC – City Council
DOE – Washington State Department of Ecology
SC – Superior Court
SHB – Shoreline Hearings Board
GMHB – Growth Management Hearings Board
BLANK – Not Applicable
FOOTNOTES:
1. SEPA exempt or for which the SEPA/land use permit process has been completed.
2. Administratively approved.
3. Deleted.
4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is responsible for environmental determinations.
5. Deleted.
6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology (DOE). DOE has up to thirty (30) days to make a decision on a permit. This time period does not count toward the one hundred twenty (120) day maximum time limit for permit decisions. DOE’s decision is followed by a twenty one (21) day appeal period, during which time no building permit for the project may be issued.
7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing.
8. Street vacations, development regulation text amendments, and Comprehensive Plan map or text amendments are exempt from the one hundred twenty (120) day permit processing time limit.
9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit.
(Amd. Ord. 4827, 1-24-2000; Ord. 4963, 5-13-2002; Ord. 4975, 7-1-2002; Ord. 5153, 9-26-2005; Ord. 5356, 2-25-2008; Ord. 5450, 3-2-2009; Ord. 5471, 7-13-2009; Ord. 5516, 12-14-2009; Ord. 5519, 12-14-2009; Ord. 5570, 11-15-2010; Ord. 5647, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5841 (Att. E), 6-12-2017; Ord. 5853, 8-7-17; Ord. 5868, 12-11-2017; Ord. 5876, 1-22-2018; Ord. 5887, 9-17-2018; Ord. 5959, 12-9-2019; Ord. 6025, 9-13-2021; Ord. 6126 (Att. A), 12-11-2023)
H
(Repealed by Ord. 5519, 12-14-2009)