Chapter 21.82 TYPE 1 ADMINISTRATIVE APPROVALS

Chapter 21.82
TYPE 1 ADMINISTRATIVE APPROVALS

Sections:

21.82.010 Building permit.

21.82.020 Construction mitigation plan.

21.82.030 Critical area determination/alteration.

21.82.040 Design review Type 1.

21.82.050 Flood improvement permit.

21.82.060 Home business permits.

21.82.070 Private wayfinding signage plan.

21.82.080 Right-of-way permit.

21.82.090 Shoreline substantial development permit exemption.

21.82.100 Sign permit.

21.82.110 Site development permit.

21.82.120 Site plan review Type 1.

21.82.130 Temporary use permit.

21.82.140 Transportation infrastructure deviations.

21.82.150 Tree removal permit.

21.82.160 Public tree exception.

21.82.010 Building permit.

(1) Applicant. Any owner may apply for a building permit.

(2) Applicability. A building permit is required for all projects requiring permits under Chapter 21.62 WMC.

(3) Procedures. A building permit application is processed as a Type 1 decision, unless a SEPA threshold determination is required in which case the application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The codes and standards referenced in Chapter 21.62 WMC, and other applicable ordinances and regulations as they currently exist or are hereafter amended, set forth the criteria for approving building permits.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

21.82.020 Construction mitigation plan.

(1) Applicant. Any owner may apply for a construction mitigation plan.

(2) Purpose. The purpose of the construction mitigation plan is to reduce impacts from construction projects to public streets and nearby properties while applying a standardized mitigation policy so as to not unreasonably interfere with the applicant’s development rights.

(3) Applicability. A construction mitigation plan is required for construction projects requiring a site development permit.

(4) Procedures. A construction mitigation plan application is processed as a Type 1 decision consistent with WMC 21.80.050. A construction mitigation plan may be processed as part of a site development permit or may be processed as a standalone decision.

(5) Additional Submittal Requirements. A site plan drawing setting forth construction mitigation measures demonstrating compliance with the decision criteria in subsection (6) of this section shall be provided.

(6) Decision Criteria. The decision authority may approve a construction mitigation plan if the following conditions are satisfied:

(a) A construction mitigation plan manager is designated as the person responsible for enforcing the construction mitigation plan;

(b) Construction work hours conform to Chapter 8.08 WMC;

(d) Measures are implemented to maintain the site in a neat and orderly manner, free from junk, trash, or unnecessary debris;

(e) Vehicle staging, loading and unloading areas are designated for the project;

(f) Best management practices are provided to control drainage runoff, erosion, noise, and dust;

(g) Access roads to the site are maintained and located to minimize problems with dust, mud and traffic circulation;

(h) Tree protection measures prescribed in Chapter 21.50 WMC are identified in the construction mitigation plan and installed prior to the start of construction activity;

(i) Haul routes inside the City limits for large trucks are identified and acceptable to the City;

(j) Fencing or flags, as approved by the Director, are provided to mark clearing limits and to protect critical areas and identify hazard areas on the site;

(k) Other measures determined necessary by the Director.

(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. The conditions of approval may be modified at any time after a construction mitigation plan is approved if additional construction impacts are identified or construction-related circumstances change. (Ord. 706 § 47 (Att. A), 2020)

21.82.030 Critical area determination/alteration.

(1) Applicant. Any owner may apply for a critical area determination and/or critical area alteration.

(2) Applicability. A critical area determination and/or critical area alteration is required for any project permit application or other request to alter property where critical areas and/or their buffers are suspected or have been identified inside or outside the shoreline jurisdiction, and the proposal is not exempt from the applicable critical area regulations.

(3) Procedures. A critical area determination and a critical area alteration are processed individually or combined as a Type 1 decision consistent with WMC 21.80.050.

(a) Critical Area Determination. A critical area determination is the process of verifying and identifying the presence of critical areas and/or critical area buffers on a site. The following procedures outline the critical area determination process:

(i) Site investigation to determine whether a critical area exists on or near the site and confirm its nature and type;

(ii) Determine if a critical area report and other environmental reports are required;

(iii) Evaluate the critical area report and other environmental reports for compliance with City requirements and best practices.

(b) Critical Area Alteration. A critical area alteration is when a critical area determination finds the existence of a critical area and/or critical area buffer, and an allowed alteration to that critical area and/or critical area buffer is proposed.

(4) Criteria for Approval. The decision authority may approve a critical area determination and/or a critical area alteration if the following are satisfied:

(a) For a critical area determination, if the report is consistent with all applicable critical area regulations, as adopted in the Woodinville Municipal Code; and

(b) For a critical area alteration, if:

(i) The alteration meets the codes and standards applicable to the critical area;

(ii) The requirements for mitigation sequencing are followed; and

(iii) Any impacts to the critical area are sufficiently mitigated to address the impacts.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(6) Revisions. Amendments to an approved critical area determination and/or a critical area alteration is processed as a Type 1 decision. (Ord. 706 § 47 (Att. A), 2020)

21.82.040 Design review Type 1.

(1) Applicant. Any owner may apply for a design review.

(2) Applicability. Except where design review Type 2 is required pursuant to WMC 21.83.020, a design review Type 1 is required for the following:

(a) All new construction and any alterations that affect the exterior appearance to a building within the Central Business District, Office, Tourist Business, General Business and Neighborhood Business zones, which shall be subject to the design standards set forth in Chapter 21.33 WMC;

(b) All new construction and any alterations that affect the exterior appearance to a building within the Industrial and Tourist Industrial zones, which shall be subject to the design standards adopted in Chapter 21.34 WMC;

(c) All new construction and any alterations that affect the exterior appearance of a building within the Residential R-1 through R-48 zones, which shall be subject to the design standards set forth in Chapter 21.35 WMC as applicable.

(3) Procedures. A design review Type 1 application is processed as a Type 1 decision consistent with WMC 21.80.050. A design review Type 1 process may be incorporated and acted on as part of another project permit decision or may be acted on as a standalone decision.

(4) Decision Criteria. The decision authority may approve a design review Type 1 application if the proposal is consistent with all applicable design standards, as adopted in the Woodinville Municipal Code.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(6) Revisions. Amendments to an approved design review Type 1 decision shall be processed as a Type 1 decision unless the amendment qualifies the design review for a Type 2 decision in which case the amendment shall be processed pursuant to WMC 21.83.020. (Ord. 737 § 27, 2022; Ord. 706 § 47 (Att. A), 2020)

21.82.050 Flood improvement permit.

(1) Applicant. Any owner may apply for a flood improvement permit.

(2) Applicability. A flood improvement permit is required for improvements in floodplain management areas located within the City’s jurisdiction prescribed in Chapter 21.53 WMC. A flood improvement permit may be applied in lieu of a critical area alteration as it specifically applies to flood hazards.

(3) Procedures. A flood improvement permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.070, an application for a flood improvement permit shall include the following:

(a) The nature of the proposed action;

(b) A statement as to the proposed use of any structure;

(d) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator;

(e) Elevation in relation to mean sea level to which any structure has been floodproofed;

(f) Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria;

(g) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

(h) Where a structure is proposed in a V, V1-30, or VE zone, a V-zone design certificate;

(i) Where development is proposed in a floodway, an engineering analysis indication no rise of the base flood elevation; and

(j) Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application.

(5) Decision Criteria. The decision authority may approve a flood improvement permit only if:

(a) All the necessary permits have been obtained from those Federal, State and/or local governmental agencies from which prior approval is required; and

(b) The requirements applicable to special flood hazard areas in Chapter 21.53 WMC and applicable critical area regulations in Chapter 21.51 WMC are satisfied.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety including but not limited to the effects upon storage and conveyance of flood waters. (Ord. 706 § 47 (Att. A), 2020)

21.82.060 Home business permits.

(1) Applicant. Any owner may apply for a home business permit.

(2) Applicability. Any business-related activities occupying a residence as prescribed by the following:

(a) Home business level 1, which involves small-scale business activities located entirely inside a residential dwelling and meeting the requirements set forth in WMC 21.41.030;

(b) Home business level 2, which involves small-scale business activities located entirely inside a residential dwelling or residential accessory building(s) and meeting the requirements set forth in WMC 21.43.020.

(3) Procedures. All home business permits are processed as Type 1 decisions consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a home business permit if the proposal satisfies the requirements in WMC 21.41.030 for a home business level 1, or in WMC 21.43.020 for a home business level 2.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 737 § 28, 2022; Ord. 706 § 47 (Att. A), 2020)

21.82.070 Private wayfinding signage plan.

(1) Applicant. Any owner may apply for a private wayfinding signage plan.

(2) Applicability. A private wayfinding signage plan may be requested pursuant to WMC 21.44.100.

(3) Procedures. A private wayfinding signage plan application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a private wayfinding signage plan if the proposal satisfies the requirements in WMC 21.44.100.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 766 § 13, 2024)

21.82.080 Right-of-way permit.

(1) Applicant. Any owner may apply for a right-of-way permit.

(2) Applicability.

(a) A right-of-way permit is required for all uses and activities occurring within City rights-of-way including State Route 202, where the use or activity is not authorized by other permits or agreements; and

(b) A right-of-way permit is not required for work performed by employees of the City, or by any contractor of the City performing work for and on behalf of the City.

(3) Procedures. A right-of-way permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The codes and standards referenced in WMC Title 12 (Streets, Sidewalks and Public Places), and other applicable ordinances and regulations as they currently exist or are hereafter amended set forth the criteria for approving right-of-way permits.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

21.82.090 Shoreline substantial development permit exemption.

(1) Applicant. Any owner may apply for an exemption from a substantial development permit.

(2) Applicability. A shoreline substantial development permit exemption applies to activities defined as development pursuant to RCW 90.58.030(3)(a), which are located within the shoreline jurisdiction as defined by the Shoreline Management Act. It implements the provisions set forth in WAC 173-27-040, 173-27-044 and 173-27-045 as they currently exist or are hereafter amended.

(3) Procedures. An application for a substantial development permit exemption is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Limitations.

(a) Exemptions are to be construed narrowly and only development that meets the precise terms of one or more of the listed exemptions in the Washington Administrative Code may be granted an exemption;

(b) If any part of a proposed development does not qualify for a listed exemption, then an exemption shall not be granted; and

(5) Decision Criteria. The decision authority may approve an exemption from a substantial development permit if:

(a) The development for which the exemption is sought satisfies one or more of the conditions set forth in WAC 173-27-040(2), 173-27-044 or 173-27-045; and

(b) The development complies with and is consistent with the Woodinville Shoreline Master Program (Chapters 21.70 through 21.77 WMC), Chapter 173-27 WAC (Shoreline Management Permit and Enforcement Procedures), and Chapter 90.58 RCW (Shoreline Management Act).

(6) Conditions of Approval. The decision authority may attach conditions as necessary to prevent undesirable effects on the shoreline area and carry out the spirit and purpose of the regulations set forth in the Woodinville Shoreline Master Program and the Shoreline Management Act. (Ord. 706 § 47 (Att. A), 2020)

21.82.100 Sign permit.

(1) Applicant. Any owner may apply for a sign permit.

(2) Applicability. A sign permit is required for all signs as set forth in WMC 21.44.040 unless exempt pursuant to WMC 21.44.040(5).

(3) Procedures. A sign permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a sign permit if the proposal satisfies the requirements set forth in Chapter 21.44 WMC and any applicable building codes and standards referenced in Chapter 21.62 WMC.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 766 § 14, 2024; Ord. 737 § 30, 2022; Ord. 720 § 26, 2021; Ord. 706 § 47 (Att. A), 2020)

21.82.110 Site development permit.

(1) Applicant. Any owner may apply for a site development permit.

(2) Applicability. A site development permit is required for all land disturbing activities excluding the following:

(a) Any excavation, fill or grading activity outside of a critical area or critical area buffer and satisfying the following:

(i) Less than 25 cubic yards of earth movement in the R-1 through R-8 zones, or less than 50 cubic yards of earth movement in all other zones; and

(ii) Less than 2,000 square feet of new and/or replaced impervious surface area; and

(iii) Less than 7,000 square feet of total area having land disturbance during any 12-consecutive-month period;

(b) Refuse disposal sites controlled by other regulations;

(d) Excavation for foundations, basements and footings authorized by a building permit, except materials retained on site from such excavation shall count towards the quantities prescribed in WMC subsection (2)(a) of this section;

(e) Importing and placing topsoil up to a depth of six inches above the existing grade, regardless of quantity, on properties with detached single-family residences;

(f) All pavement maintenance practices involving potholes and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road/driveway prism, pavement preservation activities that do not expand the road/driveway prism; provided, that the work does not:

(i) Remove and replace a paved surface to base course or lower, or involve repairing the pavement base;

(ii) Resurface by upgrading from dirt to a harder surface material including gravel;

(g) Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties;

(h) Exploratory excavations performed under the direction of a registered engineering professional;

(i) Cemetery graves;

(j) A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support any structures, which does not exceed 25 cubic yards on any one lot and does not obstruct a drainage course;

(k) Normal routine maintenance activities by a public agency involving culverts, gravel shoulders, ditches, pavement, surface water management facilities, parks, trails and utilities.

(3) Procedures. A site development permit application is processed as a Type 1 decision, unless a SEPA threshold determination is required in which case the application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Expiration. A site development permit expires as follows:

(a) A site development permit shall expire 12 months from the date of issuance, except the Director may grant one 12-month time extension provided the conditions which were relevant to issuing the site development permit have not changed substantially; or

(b) If a building permit allied with the site development permit is issued, the site development permit shall remain active for the duration the building permit is active.

(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.070, an application for a site development permit includes the following:

(a) Grading worksheet;

(b) Narrative describing the project activity;

(i) A scale map of the project area;

(ii) Two-foot existing and finished contours extended a minimum 50 feet beyond the property lines;

(iii) Clearing and land disturbance limits;

(iv) Property lines, easements and right-of-way locations;

(v) Critical areas and critical area buffers on the property and off site within 200 feet of the clearing and land disturbance limits;

(vi) Location of existing and proposed structures, impervious surfaces, septic drain fields, roads, wells, and utilities on the property and within 50 feet of the property or which may be affected by the land disturbing activities;

(vii) Additional information required by the Director;

(d) Engineered plans and specifications prepared and signed by a licensed civil engineer, or engineering geologist and geotechnical engineer when required by the Director or as prescribed in the adopted stormwater manual set forth in Chapter 13.05 WMC;

(e) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as part of the proposed work;

(f) A soils report prepared by a licensed geotechnical engineer or engineering geologist that includes site history; geologic structures; surface conditions; subsurface conditions; recommendations for foundation support, site preparation, structural fill, slope stability and mitigation; design parameters for retaining structures and structure backfill, surface and subsurface drainage, dewatering, excavation conditions and hazards; seismic conditions, erosion and sedimentation hazards and controls; use of on-site materials for structural fill and backfill; and pavement design;

(g) The geotechnical engineer shall be retained as the engineer-of-record or the engineering geologist as geologist-of-record for the duration of the project, unless the Director authorizes otherwise;

(h) A drainage report and technical information that meets the requirements of the adopted surface water manual set forth in Chapter 13.05 WMC;

(i) Other information as may be required by the Director.

(6) Decision Criteria. The codes and standards referenced in Chapters 12.12, 13.05, 15.05 and 21.62 WMC and other applicable ordinances and regulations as they currently exist or are hereafter amended set forth the criteria for approving site development permits.

(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

21.82.120 Site plan review Type 1.

(1) Applicant. Any owner may apply for a site plan review.

(2) Purpose. Site plan review assesses development plans to identify compliance with applicable development regulations including but not limited to zoning, critical area and engineering standards. Unless combined with a building or site development permit, site plan review Type 1 does not constitute approval to develop a site.

(3) Applicability.

(a) Except where site plan review Type 2 is required pursuant to WMC 21.83.040, site plan review Type 1 is required for all new development, expansion of existing structures, or other exterior site improvements that modify the physical conditions of a site; and

(b) Projects not requiring construction permits do not require site plan review.

(4) Procedures. A site plan review Type 1 application is processed as a Type 1 decision consistent with WMC 21.80.050. A site plan review Type 1 process should typically be incorporated and acted on as part of another project permit decision but may be acted on as a standalone decision.

(5) Decision Criteria. The decision authority may approve a site plan review Type 1 if the development complies with all applicable development regulations, as adopted in the Woodinville Municipal Code.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(7) Revisions. Amendments to an approved site plan review Type 1 decision shall be processed as a Type 1 decision unless the amendment qualifies the site plan review for a Type 2 decision in which case the amendment shall be processed pursuant to WMC 21.83.040. (Ord. 706 § 47 (Att. A), 2020)

21.82.130 Temporary use permit.

(1) Applicant. Any owner may apply for a temporary use permit.

(2) Applicability. A temporary use permit is required for those uses authorized as temporary uses pursuant to Chapter 21.23 WMC.

(3) Procedures. A temporary use permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Limitation. Except as provided otherwise by the Woodinville Municipal Code, uses authorized under a temporary use permit shall be limited as follows:

(a) The temporary use permit shall expire 180 days from the date of the first activity or occurrence of the use that is the subject of the temporary use permit;

(b) The temporary use authorized under the temporary use permit cannot exceed a total of 60 days of activity;

(d) Multiple temporary uses may be authorized under a single temporary use permit subject to the limitations in subsections (4)(a) and (c) of this section applied to the permit, and subsection (4)(b) of this section applied individually to each temporary use.

(5) Decision Criteria. Except for temporary encampments, which are governed by WMC 21.23.100, the decision authority may approve a temporary use permit if:

(a) The temporary use will not be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity;

(b) There is adequate parking on or within nearby proximity to the site;

(c) Except in the case of emergencies, the temporary use will not cause noise, light or glare which adversely impacts surrounding uses; and

(d) The temporary use complies with all codes applicable to development, except as specifically exempted for temporary uses.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 737 § 31, 2022; Ord. 706 § 47 (Att. A), 2020)

21.82.140 Transportation infrastructure deviations.

(1) Applicant. Any applicant may apply for a transportation infrastructure deviation.

(2) Applicability. A transportation infrastructure deviation may be requested for departures from the standards set forth in the Transportation Infrastructure Standards and Specifications adopted under Chapter 12.09 WMC.

(3) Procedures. A transportation infrastructure deviation is processed as a Type 1 decision consistent with WMC 21.80.050. Review of a deviation is a two-step decision process where conceptual plans are reviewed first for a preliminary determination if the deviation may be permissible, and second, if found to be permissible, engineering and other technical information is provided to support permitting the deviation.

(4) Decision Criteria. The decision authority may approve deviations from Transportation Infrastructure Standards and Specifications, if the modification is:

(a) In the general public interest;

(b) Supported by sound engineering judgment; and

(5) Limits. Nothing in this section obligates the decision authority to approve a transportation infrastructure deviation. Deviations are reviewed de novo and approval is at the discretion of the decision authority. Evidence of other deviations granted under similar circumstances shall not be considered in deciding a transportation infrastructure deviation.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

21.82.150 Tree removal permit.

(1) Applicant. Any owner may apply for a tree removal permit.

(2) Applicability. A tree removal permit is required for activities associated with removing trees as set forth for public trees in WMC 2.24.140 and private trees in WMC 21.50.050.

(3) Procedures. A tree removal permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a tree removal permit if:

(a) The requirements set forth in Chapter 21.50 WMC are satisfied; or

(b) For public trees, the requirements set forth in Chapter 2.24 WMC are satisfied.

(5) Conditions for Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

21.82.160 Public tree exception.

(1) Applicant. Any owner may apply for a public tree exception.

(2) Applicability. A public tree exception may be requested for relief from the standards set forth in Chapter 2.24 WMC for removing and planting of trees within City rights-of-way, City-controlled easements, and City-owned property.

(3) Procedures. A public tree exception application is processed as a Type 1 decision consistent with WMC 21.80.050. The decision authority shall consult with applicable City departments in deciding the public tree exception request.

(4) Decision Criteria. The decision authority may approve a public tree exception if:

(a) The City agrees to accepting the public tree exception;

(b) Strict enforcement of the provisions applicable to public trees would create practical difficulties; and

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)