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 one of eleven (11) types of permit procedures, as identified in subsection G of this Section.

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. (Ord. 4587, 3-18-1996; Amd. Ord. 4660, 3-17-1997; Ord. 4963, 5-13-2002)

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 different from that provided by this Section. (Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005; Ord. 5853, 8-7-17)

D. (Repealed by Ord. 5853, 8-7-17)

E. TIME FRAMES:

For permit types I through IV, the timelines include the statutory requirement that requires the issuance of a letter of completeness within twenty-eight (28) days of the application submittal, pursuant to RCW 36.70B.070(1), and the provision for final decisions on permits within one hundred twenty (120) days of receipt of a complete application, unless the applicant consents to an extension of such time period. If a project application is substantially revised by an applicant, the one hundred twenty (120) day time period shall start again after the revised project application is determined to be complete. Development applications that are specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements, are not subject to this time frame. (Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005; Ord. 5853, 8-7-17)

F. EXCLUSIONS FROM ONE HUNDRED TWENTY (120) DAY TIME LIMIT:

In determining the number of days elapsed since the applicant was notified that the application is complete, the following periods shall be excluded:

1. 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 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.

2. 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.

3. Applicant Agreements: Any time extension mutually agreed upon by the applicant and the Department. (Ord. 5853, 8-7-17)

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)