Chapter 20.22
LEVEL II REVIEW
Sections:
20.22.030 Land use applications – Level II.
20.22.040 Review procedures, decision – Level II.
20.22.050 Issuance of a building permit – Level II.
20.22.010 Purpose.
The purpose of Level II procedures is to handle applications listed as Level II uses in Sections 20.100.040.A through 20.100.040.J, Tables of Permitted Land Uses. These are generally more complex than Level I uses, involving potential impacts on neighboring properties and public service systems. The proposal requires individual notice to adjacent property owners and may require public agency participation to protect the public interest. Decisions are issued by the director or designee. (Ord. 2018-53 § 9(part), 2018).
20.22.020 When required.
A. Level II review may be required for proposals which may impact adjacent property owners by one or more of the following reasons:
1. Demands on transportation facilities which are noticeably greater than most outright uses in the zone;
2. Structures which are inordinately larger or structurally incongruous with structures that typically house uses permitted outrightly in the zone; and
3. Uses which typically generate more noise or outdoor activity than most outright uses in the zone.
B. Level II review is required for:
1. Uses listed as Level II in Chapter 20.100, Table of Permitted Land Uses;
2. Home occupations listed as Level II in Chapter 20.123, Table of Permitted Home Occupations;
3. Binding site plans as provided in Chapter 19.28 of the Walla Walla Municipal Code;
4. Short plats as provided in Chapters 19.22 and 19.24 of the Walla Walla Municipal Code; and
5. All other proposals determined by the director to be Level II uses. (Ord. 2008-06 § 42, 2008: Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 2(part), 1995).
20.22.030 Land use applications – Level II.
Level II land use applications shall be made in writing to the department on forms supplied by the department. The application shall contain the information required in Section 20.14.040. A general or detailed site plan as may be required shall accompany the application. The director or designee may request any additional information necessary to clarify the application or determine compliance with and provide for the enforcement of this code. (Ord. 2018-53 § 9(part), 2018).
20.22.040 Review procedures, decision – Level II.
Upon acceptance of a completed application for a Level II review, the department shall determine whether the proposal is categorically exempt under SEPA or subject to threshold determination requirements.
A. Site Plan Review Committee. Proposals requiring site plan review will be sent to the site plan review committee by the department no later than fourteen days after the application has been determined to be complete. The site plan review process shall be as set forth in Chapter 20.46, Site Plan Review Committee.
B. The director may, but is not required to, solicit comments during any comment period from other resource persons or public agencies he or she may determine may be affected by the proposal.
C. SEPA Review. All applications will be reviewed by the department and if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.
D. Director’s Decision. After considering the proposal and all relevant materials and timely comments, if any, the director shall take one or more of the following actions:
1. Approve the proposal and issue a decision;
2. Establish conditions for approval, or require other changes in the proposed site plan;
3. Request additional or more detailed information including but not limited to a written program for development;
4. Determine a higher review level is needed and/or refer the proposal to the city council, planning commission or hearing examiner for review, public hearing and decision; or
5. Disapprove the proposal.
E. Conditional Approval. The director may attach conditions to his or her approval in order to ensure the development is consistent with the applicable development standards of the Walla Walla Municipal Code and the policies of the Comprehensive Plan. (Ord. 2018-53 § 9(part), 2018: Ord. 2008-06 § 43, 2008: Ord. 00-06 § 2(part), 2000: Ord. 97-14 § 20, 1997).
20.22.050 Issuance of a building permit – Level II.
No use requiring a Level II decision shall be entitled to a building permit until and unless the director issues a notice of decision. The Level II decision is not a building permit and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2018-53 § 9(part), 2018).
20.22.060 Appeals.
Decisions by the director to grant or deny issuance of a Level II decision may be appealed to the hearing examiner in accordance with Chapter 20.38, Closed Record Decisions and Appeals. Requests for additional or more detailed information and determinations that a higher review level is needed are not appealable. (Ord. 2018-53 § 9(part), 2018: Ord. 2008-06 § 44, 2008).
20.22.080 Site plan review.
When Level II proposals are subject to site plan review, such review shall be as set forth in Chapter 20.46, Site Plan Review Committee. (Ord. 2018-53 § 9(part), 2018).
20.22.090 SEPA review.
All Level II applications will be reviewed by the department and, if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete. (Ord. 2018-53 § 9(part), 2018).
20.22.095 Concurrency review.
No approval or permit shall be issued on a proposal until concurrency requirements are satisfied. (Ord. 2012-09 § 18, 2012).