Chapter 14.01 TYPES OF PROJECT PERMIT APPLICATIONS

Chapter 14.01
TYPES OF PROJECT PERMIT APPLICATIONS

Sections:

14.01.010 Procedures for processing project permits.

14.01.020 Determination of proper procedure type.

14.01.030 Project permit application process.

14.01.040 Joint public hearings.

14.01.050 Legislative decisions.

14.01.060 Legislative enactments not restricted.

14.01.070 Exemptions from project permit application processing.

14.01.010 Procedures for processing project permits.

For the purpose of project permit processing, all development permit and land use applications shall be classified as one of the following: ministerial/administrative: Type I and Type II; quasi-judicial: Type III, Type IV, Type V, or Type VI; or legislative: Type VII. Legislative decisions (Type VII actions) are addressed in WRMC 14.01.050. Exclusions from the requirements of project permit application processing are addressed in WRMC 14.01.070. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].

14.01.020 Determination of proper procedure type.

A. Determination by Director. The community development director or his/her designee (hereinafter the “director”) shall determine the proper procedure for all development applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure.

B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in WRMC 14.01.030; provided, legislative actions (Type VII applications) cannot be processed collectively with nonlegislative (Types I through VI) actions. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest.

C. Decision Maker(s). Applications processed in accordance with subsection B of this section, which are assigned to different hearing bodies, shall be heard collectively by the highest decision maker; the city council being the highest body, followed by the planning commission, as applicable, and then the director, with the following limitation on variances: variances may only be considered by the planning commission, except when the city council is the hearing body on the consolidated applications. Joint public hearings with other agencies shall be processed according to WRMC 14.01.040. [Ord. 15-24 § 4, 2024; Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].

14.01.030 Project permit application process.

A. Action Type.

	ADMINISTRATIVE			QUASI-JUDICIAL				LEGISLATIVE
	TYPE I	TYPE II.a	TYPE II.b	TYPE III	TYPE IV	TYPE V	TYPE VI	TYPE VII
Preapplication conference required:	No	Yes (unless waived)	Yes (unless waived)	Yes	Yes	Yes	Yes	Yes (unless waived)
Notice of application:	No	No	No	Yes	Yes	No	Yes	No
Open record hearing by:	None	None (however, if the director’s decision is appealed, open record hearing before city council)	None (however, if the director’s decision is appealed, open record hearing before planning commission)	Planning commission	Planning commission (to issue a recommendation)	None	Planning commission	Planning commission (to issue a recommendation) and/or city council
Closed record hearing by:	None	None	None	(none, unless appealed) city council	City council	None	None	None (all hearings are open record for legislative matters)
Decision-maker:	Director	Director	Director	Planning commission	City council	City council	Planning commission	City council
Judicial or hearings board appeal:	Yes; judicial – see Chapter 36.70C RCW	Yes; judicial – see Chapter 36.70C RCW; decisions on shoreline letters of exemption are appealed to the state of Washington Shorelines Hearing Board	Yes; judicial – see Chapter 36.70C RCW	Yes; judicial – see Chapter 36.70C RCW	Yes; judicial – see Chapter 36.70C RCW; decisions on shoreline permits are appealed to the state of Washington Shorelines Hearing Board	Yes; judicial – see Chapter 36.70C RCW	Yes; judicial – see Chapter 36.70C RCW	Yes; decisions on the comprehensive plan are appealed to the Growth Management Hearings Board

B. Classification of Project Applications.

1. Type I. Type I applications include:

a. Permits for permitted uses not requiring site plan review by the planning commission or city council (where site plan review is conducted at staff level, including clearing and grading permits, floodplain permits).

b. Lot/boundary line adjustments (Chapter 16.10 WRMC) and other subdivision of land exemptions (WRMC 16.02.030).

c. Revisions of preliminary subdivisions, short plats and binding site plans that do not result in a substantial change (minor changes) (WRMC 16.04.140).

d. Minor amendments to planned unit developments.

e. Temporary use permits (i.e., construction trailers, itinerant merchant licenses, temporary living quarters during construction, etc.).

f. Preliminary and final short plat approvals and short plat amendments.

g. Administrative variances.

i. Note: Public notice must be provided following the requirements of WRMC 14.03.010 including a 10-day comment period prior to the decision; however, no hearing will be held.

h. Permit for a wireless communication facility – co-location only.

2. Type II.a. Type II.a applications include:

a. Sign permits.

b. Administrative interpretations.

c. Final binding site plans (Chapter 16.06 WRMC).

d. Wetland reviews, when no other permit review is required (WRMC 18.25.080).

e. Administrative variances (Chapter 17.70 WRMC).

f. Shoreline letters of exemption (Chapter 18.08 WRMC).

g. Critical areas exemptions (WRMC 18.25.510), including reasonable use exceptions (WRMC 18.25.530).

h. Small-scale home occupation permits (WRMC 17.54.047).

i. SEPA threshold determinations (Chapter 18.04 WRMC).

3. Type II.b. Type II.b applications include:

a. Design review of developments outlined in WRMC 14.10.020.

4. Type III. Type III applications include:

a. Conditional use permits (Chapter 17.66 WRMC).

5. Type IV. Type IV applications include:

a. Preliminary plats (Chapter 16.05 WRMC).

b. Preliminary PUD (Chapter 17.80 WRMC).

c. Preliminary binding site plans (Chapter 16.06 WRMC).

d. Plat alterations and vacations (WRMC 16.04.140).

e. Major amendments to a PUD (Chapter 17.80 WRMC).

f. Site-specific rezones (Chapter 17.78 WRMC).

g. Shoreline substantial development, shoreline conditional use, and shoreline variance applications.

h. Nonconforming use exceptions (WRMC 17.72.140).

i. Revisions of preliminary subdivisions, short plats and binding site plans that result in a substantial change (major changes) (WRMC 16.04.140).

6. Type V. Type V applications include:

a. Final plats (WRMC 16.04.130).

b. Final PUD (WRMC 17.80.150).

7. Type VI. Type VI applications include:

a. Variances (Chapter 17.69 WRMC or WRMC 18.25.520).

8. Type VII. Type VII applications include:

a. Comprehensive plan amendments (Chapter 14.09 WRMC).

b. Development regulations (Chapter 17.78 WRMC).

c. Zoning ordinance text amendments (Chapter 17.78 WRMC).

d. Area-wide zoning map amendments (Chapter 17.78 WRMC).

e. Development agreements (Chapter 14.08 WRMC).

f. Annexations (Chapter 35A.14 RCW).

g. Shoreline Master Program amendment (WRMC 18.08.010). [Ord. 15-24 § 5, 2024; Ord. 28-21 § 1, 2021; Ord. 20-20 § 1 (Att. A), 2020; Ord. 6-12 § 1 (Att. A), 2012; Ord. 16-10 § 2, 2010; Ord. 38-07 § 1, 2007].

14.01.040 Joint public hearings.

A. Administrator’s Decision to Hold Joint Hearing. The director may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met.

B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.

C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when:

1. The other agency is not expressly prohibited by statute from doing so;

2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules;

3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].

14.01.050 Legislative decisions.

A. Decisions. The following decisions are legislative, and are not subject to the procedures in this title, unless otherwise specified:

1. Zoning code text, development regulations and zoning district amendments;

2. Area-wide rezones to implement city policies;

3. Adoption of the comprehensive plan and any plan amendments;

4. Annexations;

5. Development agreements.

B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the adoption of the comprehensive plan, and any plan amendments. The planning commission shall also hold public hearings and make recommendations to the city council on the decisions in subsections (A)(1) and (A)(2) of this section, except that the city council may hold a public hearing itself on those decisions set forth in subsections (A)(1) and (A)(2) of this section. The public hearing shall be held in accordance with the requirements of Chapter 14.05 WRMC and RCW 36.70A.035 and all other applicable law.

C. City Council. The city council may consider the planning commission’s recommendation made following public hearing held in accordance with the requirements of Chapter 14.05 WRMC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on any of the decisions set forth in subsections (A)(1), (A)(2) and (A)(4) of this section, it may do so without first forwarding the proposed decision to the planning commission for a hearing.

D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in WRMC 14.03.030(B)(4).

E. Implementation. City council decisions shall be formalized by the passage of an ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].

14.01.060 Legislative enactments not restricted.

Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, or the city’s development regulations as part of the annual revision process. [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].

14.01.070 Exemptions from project permit application processing.

A. Whenever a permit or approval in the West Richland Municipal Code has been designated as a Type I, II, III, IV, V or VI permit, the procedures in this title shall be followed in project permit processing.

B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments or other construction permits, or similar administrative approvals that are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and Chapter 18.04 WRMC, Environmental Review (SEPA)), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

1. Notice of application (WRMC 14.02.040), unless an open record hearing is required on the project permit decision;

2. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (WRMC 14.01.020(B));

3. Joint public hearings (WRMC 14.01.040);

4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (WRMC 14.05.020(C));

5. Notice of decision (WRMC 14.05.090). [Ord. 20-20 § 1 (Att. A), 2020; Ord. 38-07 § 1, 2007].