Chapter 15.08
ADMINISTRATION OF DEVELOPMENT REGULATIONS
Sections:
15.08.030 Administrative interpretations.
15.08.040 Types of project permit applications and review process.
15.08.050 Preapplication meeting.
15.08.060 Project permit application.
15.08.070 Determination of completeness.
15.08.080 Notice of application.
15.08.100 Time frame for project permit application review after determination of completeness.
15.08.110 Optional consolidated project permit review.
15.08.120 Procedures for open record public hearings.
15.08.130 Procedures for closed record appeals.
15.08.140 Conditional use permits.
15.08.010 Purpose and scope.
This chapter establishes standard procedures for project permit decisions made by the city under this title. The procedures are designed to be consistent with Chapter 36.70B RCW and to promote timely and informed public participation, streamline review and decisionmaking processes, and set appeal processes for decisions. These procedures allow for consolidated project permit applications and the integration of environmental review with permit review processes. (Ord. 1532 § 3, 2018).
15.08.020 Administration.
The city supervisor is responsible for ensuring the administration of this title. (Ord. 1532 § 3, 2018).
15.08.030 Administrative interpretations.
A. Any person may request an interpretation of the meaning or application of this title to a project permit application.
B. A request for interpretation shall be submitted to the city supervisor in writing specifying each provision of this title for which an interpretation is requested, why an interpretation of each provision is necessary, and any reasons or material in support of a proposed interpretation.
C. The city supervisor shall provide a written interpretation that considers the following:
1. The applicable provisions of the code including their purpose and context;
2. The impact of the interpretation on other provisions of the code;
3. The implications of the interpretation for development within the city as a whole; and
4. The applicable provisions of the comprehensive plan and other relevant codes and policies.
D. The city council may establish an application fee for interpretation requests. (Ord. 1532 § 3, 2018).
15.08.040 Types of project permit applications and review process.
A. Type 1 Project Permit Applications.
1. Type 1 decisions are minor administrative decisions by the city supervisor based on compliance with specific, nondiscretionary and/or technical standards adopted in the city’s development codes. Type 1 project permit applications include:
a. Permitted uses with no required review under SEPA;
b. Temporary use permits;
c. Boundary line adjustments;
d. Minor alterations to preliminary plats; and
e. Shoreline exemptions.
2. Type 1 Project Permit Review Steps.
a. Optional preapplication meeting;
b. Type 1 decisions are not subject to environmental review under the State Environmental Policy Act (SEPA), codified at Chapter 43.21C RCW and SBMC 15.08.090(C);
c. Determination of completeness notice to applicant; and
d. Notice of decision.
3. Type 1 Project Permit Appeal Process.
a. The board of adjustment hears open record appeals on Type 1 decisions. The decision of the board is final.
b. Appeals heard before the board of adjustment must be filed with city within 14 days of the notice of decision.
B. Type 2 Project Permit Applications.
1. Type 2 decisions are major administrative decisions made by the city supervisor based on standards and clearly identified specific standards adopted in the city’s development codes. Type 2 project permit applications include:
a. Permitted uses requiring review under SEPA;
b. Repealed by Ord. 1563;
c. Home occupation permits;
d. Final short subdivisions;
e. Final subdivision approval; and
f. Shoreline substantial development permits.
2. Type 2 Project Permit Review Steps.
a. Optional preapplication meeting;
b. Type 2 project permit applications not exempt under WAC 197-11-800 require a threshold determination under the State Environmental Policy Act;
c. Determination of completeness notice to applicant;
d. Notice of application;
e. Written report on findings and conclusions on decision by city supervisor; and
f. Notice of decision.
3. Type 2 Project Permit Appeal Process.
a. The board of adjustment hears open record appeals on Type 2 decisions, except for shoreline substantial development permits; the decision of the board is final.
b. Appeals for shoreline substantial development permits are heard by the State Shorelines Hearings Board.
c. Appeals heard before the board of adjustment must be filed with the city within 14 days of the notice of decision.
C. Type 3 Project Permit Applications.
1. Type 3 decisions are quasi-judicial decisions made by the board of adjustment and involve the use of discretionary judgment in the review of each specific application. Type 3 project permit applications include:
a. Variances;
b. Conditional use permits;
c. Shoreline conditional use permits; and
d. Shoreline variance permits.
2. Type 3 Project Permit Review Steps.
a. Optional preapplication meeting;
b. Type 3 project permit applications not exempt under WAC 197-11-800 require a threshold determination under the State Environmental Policy Act;
c. Determination of completeness notice to applicant;
d. Notice of application;
e. Open record public hearing before board of adjustment;
f. Written report on findings and conclusions;
g. Decision by board of adjustment; and
h. Notice of decision.
3. Type 3 Project Permit Appeal Process.
a. There is no local government appeal on Type 3 decisions except shoreline conditional use permits and shoreline variances as provided in subsection (C)(3)(b) of this section.
b. Appeals for shoreline conditional use permits and shoreline variances are heard by the State Shorelines Hearings Board.
D. Type 4 Project Permit Applications.
1. Type 4 decisions require the planning commission to hold an open record public hearing and prepare findings, conclusions, and recommendations for a decision by the city council. Type 4 project permit applications include:
a. Consolidated review of Type 2, 3, and/or 4 project permit applications;
b. Preliminary short subdivisions;
c. Preliminary subdivisions;
d. Plat vacations;
e. Major preliminary subdivisions;
f. Binding site plans;
g. Comprehensive plan amendments; and
h. SBMC Title 15 amendments.
2. Type 4 Project Permit Review Steps.
a. Required preapplication meeting;
b. Type 4 project permit applications not exempt under WAC 197-11-800 require a threshold determination under the State Environmental Policy Act;
c. Determination of completeness notice to applicant;
d. Notice of application;
e. Open record public hearing before the planning commission;
f. Written report on findings, conclusions, and recommendation by the planning commission;
g. Decision by the city council; and
h. Notice of decision.
3. Type 4 Project Permit Appeal Process.
a. The city council will hear one closed record appeal for Type 4 decisions; provided, however, that appeals for shoreline substantial development permits, shoreline conditional use permits, and shoreline variances within a consolidated review are heard by the State Shorelines Hearings Board; and
b. Appeals heard before the city council must be filed with the city within 14 days of the notice of decision. (Ord. 1563 § 4, 2021; Ord. 1532 § 3, 2018).
15.08.050 Preapplication meeting.
A. A preapplication meeting is required for all Type 4 project permit applications. Applicants for all other project permit applications are encouraged to request a preapplication meeting.
B. Preapplication meetings with staff provide an opportunity to discuss project permit applications in general terms, identify applicable city requirements, and the permit review process.
C. The city supervisor shall specify submittal requirements for preapplication meetings. Plans presented at the preapplication meeting are nonbinding and do not vest an application or a proposed project unless such plans have been submitted as part of a project permit application that the city previously issued a notice of completion.
D. The city supervisor shall prepare a summary of the preapplication meeting that includes any documentation provided by the project permit applicant to the city. (Ord. 1532 § 3, 2018).
15.08.060 Project permit application.
A. A property owner, or any agent of the property owner with written authorization of agency, may submit a Type 1, 2, 3, or 4 project permit application.
B. The city council, planning commission, or city staff may initiate a Type 4 project permit application for comprehensive plan or SBMC Title 15 amendments.
C. Each project permit applicant shall designate on forms provided by the city a single person or entity to receive determinations and notices under this title. The project permit applicant shall be responsible for notifying the city of any change of the designated person or entity.
D. The city supervisor shall prepare written submittal requirements for each type of permit application, including detail, and number of copies to be submitted to be deemed complete. The city supervisor may waive specific submittal requirements determined to be unnecessary for review of an application. The city supervisor may require additional material such as maps or studies when such material is necessary to adequately assess the project permit application. Applicants may obtain application materials through the city. (Ord. 1532 § 3, 2018).
15.08.070 Determination of completeness.
A. A project permit application is complete for the purposes of this section when it meets the submittal requirements established by the city supervisor in SB MC 15.08.020, even though additional information may be required or subsequent project modifications may occur. The determination of completeness shall not preclude the city supervisor from requesting additional information or studies either at the time of the determination of completeness or later, if new information is required to complete review of the application or substantial changes in the permit application are proposed.
B. Within 28 calendar days after receiving a project permit application, the city supervisor shall provide to the project permit applicant a written determination that the application is complete, or that the application is incomplete and what is necessary to make the application complete. If the city supervisor does not provide a written determination within the 28 calendar days, the application shall be deemed complete.
C. If additional information requested by the city supervisor is not fully submitted within 90 calendar days from the date it was requested, the application shall be considered withdrawn. The project permit applicant may submit a written request for extension of this deadline. The city supervisor may grant a single extension if there is a demonstration that the applicant is actively working on obtaining the requested information, and such extension is in the interests of the city.
D. Within 14 calendar days after receiving any additional information needed to make the application complete, the city supervisor shall provide to the applicant a written determination that the application is complete, or that the application is incomplete and what is necessary to make the application complete. (Ord. 1532 § 3, 2018).
15.08.080 Notice of application.
A. Within 14 calendar days of the determination of completeness, the city shall issue a notice of application for Type 2 through 4 project permit applications. Notice of any SEPA threshold determination comment opportunities shall be combined with the notice of application.
B. The notice of application shall include the following information:
1. Dates of application, determination of completeness, and notice of application;
2. Name and address of the applicant or the applicant’s designated representative;
3. Location and description of the project;
4. Date, time, and place of any open record hearing, if one is scheduled;
5. Identification of any environmental or critical area documents related to the project, if any, and where they are located for review;
6. Public comment period, which begins on the date of the notice of application and concludes 21 days later; provided, however, that the comment period for a shoreline substantial development permit, a shoreline conditional use permit, or a shoreline variance permit shall conclude 30 days later;
7. A statement of the right for any person to:
a. Comment on the application;
b. Receive notice of and participate in any hearings;
c. Request a copy of the notice of decision when made; and
d. Appeal the decision, if applicable;
8. Name, phone number, and email address of city supervisor for sending comments;
9. Any other information the city determines to be appropriate.
C. The city shall make available to the public the notice of application for site-specific Type 2 through 4 project permit applications through the following methods:
1. Mailing the notice to owners of real property located within 300 feet of the subject property and any agencies with jurisdiction under SEPA;
2. Posting a notice board at the site; and
3. Publishing the notice in the local newspaper. (Ord. 1532 § 3, 2018).
15.08.090 Notice of decision.
A. Notices of decision are required for Type 2 through 4 project permit applications.
B. The city supervisor shall mail a notice of decision to the project permit applicant and to any person who, prior to rendering a decision, requested notice of the decision or submitted substantive comments on the application. The notice shall be mailed within 10 days after the decision.
C. The notice of decision shall include a statement of any threshold determination made under SEPA, Chapter 43.21C RCW and this subsection, and the procedures for appeal.
D. The city shall provide notice of decision to the county assessor’s office. (Ord. 1532 § 3, 2018).
15.08.100 Time frame for project permit application review after determination of completeness.
A. Decisions on project permit applications shall be made within 120 days from the date an application is deemed complete under SBMC 15.08.070. Exceptions to this time frame are:
1. The applicant and the city mutually agree to an extension of time;
2. Applications that require an amendment to the comprehensive plan or this title;
3. Applications requiring approval for siting of essential public facilities;
4. Applications that the city issues written findings that a specified amount of additional time is necessary to process specific complete project permit applications for any project permit type.
B. The time limit does not include:
1. The time frame required to prepare and issue a draft and final environment impact statement (EIS) in accordance with Chapter 43.21C RCW and SBMC 15.08.090(C); and
2. The time frame for appeals of decisions relating to project permit applications. The time frame for the consideration and decision on appeals shall not exceed:
a. Ninety days for an open record appeal hearing; and
b. Sixty days for a closed record appeal. (Ord. 1532 § 3, 2018).
15.08.110 Optional consolidated project permit review.
Applicants for a project involving more than one project permit type may request to have the review and decision consolidated into one process. Consolidated Type 1, 2, and 3 project permits shall be reviewed under the process required for the permit with the highest process type number. If any permit requires a review by the board of adjustment or planning commission, that body shall conduct a public meeting and provide a recommendation to the decisionmaker. If the time frames for permit review differ among consolidated permits, the applicant must agree to the longest period. (Ord. 1532 § 3, 2018).
15.08.120 Procedures for open record public hearings.
Open record public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The open record hearing will observe the following sequence:
A. Staff presentation, including submittal of any additional materials. Members of the hearing body may ask questions of the staff.
B. Applicant presentation, including submittal of any additional materials. Members of the hearing body may ask questions of the applicant.
C. Testimony or comments by the public germane to the matter before the hearing body. Questions directed to the staff or the applicant shall be posed by the chair of the hearing body at their discretion.
D. Rebuttal, response, or clarifying statements by the staff or applicant.
E. The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it. (Ord. 1532 § 3, 2018).
15.08.130 Procedures for closed record appeals.
A. Closed record appeals shall be conducted in accordance with the city council’s rules of procedure and shall serve to provide argument and guidance for the council’s decision. The mayor shall open the appeal hearing and observe the following sequence of events:
1. Staff presentation, including submittal of any additional materials. Members of the council may ask questions of the staff.
2. Appellant presentation, after which the members of the city council may ask questions of the appellant.
3. Rebuttal, response, or clarifying statements by the staff and appellant.
4. The presentation portion of the appeal hearing shall be closed and the council shall deliberate on the matter before it.
B. No new evidence or testimony shall be given or received. Written findings and conclusions shall be prepared and adopted setting forth the facts and the reasoning for the decision. The decision appealed may be affirmed, reversed, remanded, or modified. (Ord. 1532 § 3, 2018).
15.08.140 Conditional use permits.
A. Certain uses possess unique and special characteristics with respect to the location, design, size, method of operation, circulation, and/or demand on public facilities. The land use table in SBMC 15.20.090 lists such uses as conditional uses. The conditional use permit process reviews these uses to assure their compatibility with neighboring properties as well as to prevent or control:
1. Environmental hazards and pollution;
2. Traffic hazards and congestion;
3. Street and road capacities in the surrounding area;
4. Location and amount of off-street parking;
5. Visual and auditory impacts;
6. Obtrusive visual blight; and/or
7. Any other unusual impact associated with the proposed conditional use.
B. Conditional use permits are subject to the Type 3 project permit review process as set forth in this chapter.
C. The city may approve or approve with conditions a conditional use project permit application only if the applicant demonstrates that:
1. The conditional use is consistent with the purpose of the zoning district;
2. The use will not cause or allow conditions that create general nuisances or hazards to life or property;
3. The use conforms to the comprehensive plan; and
4. The use meets all conditions and requirements of the zone that it proposes to locate in, the code in general, and the comprehensive plan.
D. A conditional use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date of approval. Conditional use permits shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more. Any conditional use permit issued for a specific time frame shall become null and void after the expiration date stated in the notice of decision.
E. The original applicant of an approved conditional use permit may transfer it to any successors in interest and all special requirements shall continue in effect as long as the use continues; provided, however, that the city may limit the right of transfer of the conditional use permit as a condition of approval. (Ord. 1532 § 3, 2018).
15.08.150 Variances.
A. A variance permit provides a property owner relief when a strict interpretation of this title would impose unusual, practical difficulties or unnecessary hardships on the applicant. Unusual, practical difficulties or unnecessary hardships may result from special circumstances relating to the size, shape, topography, critical areas, location of existing structures, or surroundings of the property that preclude reasonable use and are not the result of the applicant’s actions.
B. Variances are subject to the Type 3 project permit review process as set forth in this chapter.
C. The variance permit application shall meet the following conditions for approval:
1. The variance permit is necessary because unusual, practical difficulties or unnecessary hardships exist for the applicant;
2. The variance permit will be in harmony with the intent of the code and the comprehensive land use plan;
3. The variance permit is for the minimum necessary adjustment to allow reasonable use of the property; and
4. The variance permit will not confer a special privilege to the applicant not available to other properties in the same zoning district.
D. A variance permit shall become invalid if not exercised within the time prescribed in the notice of decision, or, if the date is not specified, within one year of the effective date of approval. Any variance permit issued for a specific time frame shall become null and void after the expiration date stated in the notice of decision. (Ord. 1532 § 3, 2018).