Chapter 14.16
LAND USE PERMIT APPLICATION REVIEW
Sections:
14.16.010 Land use action review and determination of consistency.
14.16.020 Initial State Environmental Policy Act analysis.
14.16.030 Categorically exempt and planned actions.
14.16.040 Referral and review of land use permit applications.
14.16.050 Notice of application.
14.16.010 Land use action review and determination of consistency.
A. Purpose. When the department receives a land use permit application, consistency between the proposed project and the applicable regulations and comprehensive plan should be determined through the process in this chapter and the city’s environmental regulations.
B. Consistency.
1. During the land use permit application review, the department shall determine whether the items listed in subsection (B)(3) of this section are defined in the development regulations applicable to the proposed project.
2. In the absence of applicable development regulations, the department shall determine whether the items listed in subsection (B)(3) of this section are defined in the city’s comprehensive plan.
3. At a minimum, a determination of consistency shall include the following information:
a. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied;
b. The level of development, such as units per acre, density of residential development, or other measures of development intensity;
c. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW; and
d. Characteristics of the development, such as development standards and guidelines.
C. Nothing in this section requires documentation from the city, dictates the city’s procedures for considering consistency, or limits the city from asking more specific or related questions with respect to any of the four main categories listed in subsection (B)(3) of this section as part of land use permit application review.
D. During land use permit application review, the city shall not reexamine alternatives to or hear appeals on the items identified in subsection (B)(3) of this section.
E. Nothing in this section limits the authority of the city to approve, condition, or deny a land use permit as provided in its development regulations adopted under Chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060.
F. Land use permit application review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable.
(Ord. O2024-005, Added, 12/03/2024)
14.16.020 Initial State Environmental Policy Act analysis.
A. The city shall also review land use permit applications under the requirements of SEPA, Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city’s environmental policy ordinance, TMC Chapter 16.04, and shall:
1. Determine whether the applicable regulations require studies that adequately analyze all the land use permit application’s specific probable adverse environmental impacts;
2. Determine if the applicable regulations require measures that adequately address such environmental impacts;
3. Determine whether additional studies are required and/or whether the land use permit application should be considered with additional mitigation measures; and
4. Provide prompt and coordinated review by agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific impacts of a proposed project that have not been considered and addressed at the plan or development regulation level.
B. In its review of a land use permit application, the city shall determine if the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state, or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.
C. If the city bases or conditions its approval of the land use permit application on compliance with the requirements or mitigation measures described in subsection A of this section, the city shall not impose additional mitigation under SEPA during land use permit application review.
D. The comprehensive plan, development regulations, or other applicable local, state, or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of a land use permit application when:
1. The impacts have been avoided or otherwise mitigated; and
2. The city has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.
E. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise regarding a specific environmental impact, the city shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the city shall base or condition its land use permit approval on compliance with these other existing rules or laws.
F. Nothing in this section limits the authority of the city in its review or mitigation of a proposed project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.
G. The time limits applicable to SEPA review are found in TMC 16.04.040, 16.04.070, 16.04.090, and 16.04.160.
(Ord. O2024-005, Added, 12/03/2024)
14.16.030 Categorically exempt and planned actions.
A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the State Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA (RCW 43.21C.031).
B. Planned Actions.
1. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA but is subject to environmental review and mitigation under SEPA.
2. A “planned action” means one or more types of project action that:
a. Are designated planned actions by an ordinance or resolution adopted by the city;
b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:
i. The comprehensive plan or a subarea plan adopted under Chapter 36.70A RCW; or
ii. A master planned development or a phased project;
c. Are subsequent or implementing projects for the proposals listed in subsection (B)(2)(b) of this section;
d. Are located within an urban growth area, as defined in RCW 36.70A.030;
e. Are not essential public facilities, as defined in RCW 36.70A.200; and
f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW.
3. Limitation on Planned Actions.
a. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city; and
b. The city may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.
C. Limitations on SEPA Review.
1. During land use permit application review, the city shall not reexamine alternatives to or hear appeals on the items identified in TMC 14.16.010(B)(3), except for land use code interpretations pursuant to TMC 14.10.080.
2. Land use permit application review shall be used to identify specific project design and conditions relating to the character of development or other measures to mitigate a proposal’s probable adverse environmental impacts.
(Ord. O2024-005, Added, 12/03/2024)
14.16.040 Referral and review of land use permit applications.
A. Within fourteen days of accepting a complete land use permit application, the director shall take the following actions:
1. Transmit a copy of the land use permit application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements.
a. The affected agencies and city departments shall have fourteen days to comment.
b. The referral agencies or city departments are presumed to have no comments if comments are not received within the specified time period.
c. The director shall grant an extension of time for comment, only if the land use permit application involves unusual circumstances.
d. Any extension shall only be for a maximum of one week.
B. Consolidated Review and Decision.
1. The city’s land use permit review process shall integrate and consolidate the review and decision on two or more land use permits relating to a proposed project in a single application review and approval process covering all land use permits for a proposed project.
2. Land use permits in the consolidated review and decision process shall be:
a. Reviewed and approved by the decision and appeal authority specified in TMC 14.12.020(A)(1);
b. Follow the public notice requirements specified in TMC 14.12.020(B)(1);
c. Follow the permit review timelines specified in TMC 14.12.030(A)(1)(a); and
d. Follow the processes specified in this chapter and TMC Chapter 14.18.
3. The determination of completeness, notice of application, and notice of final decision must include all land use permits being reviewed through the consolidated land use permit review process.
C. Hearing Examiner Process.
1. Notice shall be provided pursuant to TMC 14.10.050.
2. Except for the appeal of a determination of significance as provided in RCW 43.21C.075, there shall be no more than one open record hearing and one appeal for land use permits.
3. When a public hearing is required in conjunction with a land use permit, the development review committee or director shall provide their recommendation in sufficient time for the hearing examiner to issue a notice of final decision within the number of days established by TMC Table 14.12.030 from the date of the complete land use permit application.
(Ord. O2024-005, Added, 12/03/2024)
14.16.050 Notice of application.
A. Generally.
1. A notice of application shall be issued on all Type II and Type III land use permit applications for which SEPA review is required or the hearing examiner has decision making authority pursuant to TMC Table 14.12.020(B).
2. The notice of application shall be issued pursuant to the general notice requirements of TMC 14.10.050.
3. The notice of application shall be issued prior to and is not a substitute for any other required notice of a public hearing.
B. SEPA Exempt Projects. A notice of application shall not be required for Type I land use permit applications that are categorically exempt under SEPA.
C. Contents. The notice of application shall include:
1. The date of the land use permit application, the date of the notice of completion for the application, and the date of the notice of application;
2. A description of the proposed project action and a list of all land use permit applications and, if applicable, a list of any studies requested under TMC 14.14.030 or other permits;
3. The identification of other permits not included in the land use permit application, to the extent known by the city;
4. The identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated in the document providing notice of application, the location where the land use permit application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall not be less than fourteen nor more than thirty days following the date of notice of application, and a statement of the right of any person to comment on the land use permit application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
6. The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of application;
7. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in TMC 14.16.010; and
8. Any other information determined appropriate by the department, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.
D. Time Frame for Issuance of Notice of Application.
1. Within fourteen days after the city has issued a determination of completeness of a land use permit application pursuant to TMC 14.14.040, the city shall issue a notice of application.
2. If an open record predecision hearing is required for the requested land use permit(s), the notice of application shall be provided at least fifteen days prior to the open record hearing.
E. Public Comment on the Notice of Application.
1. All public comments received on the notice of application must be received by the department by 5:00 p.m. on the last day of the comment period.
2. Comments may be mailed, personally delivered, or sent via email. Comments should be as specific as possible.
F. Except for a determination of significance, the city may not issue its threshold determination or issue a decision or recommendation on a land use permit until the expiration of the public comment period on the notice of application.
(Ord. O2024-005, Added, 12/03/2024)