Chapter 14.08
PROJECT REVIEW DETERMINATIONS

Sections:

14.08.010    Required elements.

14.08.020    Determination of consistency.

14.08.010 Required elements.

A. During project review, the city or any subsequent reviewing body shall determine whether the following items are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, the city’s adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of the:

1. Type of land use permitted at the site, including uses which may be allowed under certain circumstances, such as planned unit developments (if permitted by the city code) and conditional and special uses, if the criteria for their approval have been satisfied;

2. Density of residential development in urban growth areas; and

3. Availability and adequacy of 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.

B. During project review, the city or any subsequent reviewing body shall not re-examine alternatives to or hear appeals on the items identified in subsection A of this section, except for issues of code interpretation.

C. Nothing in this section limits the authority of the city to approve, condition, or deny a project as provided in its development regulations under Chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060. Project 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, transportation demand management, payment of impact fees or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable. (Ord. 6187 § 2, 2008; Ord. 5991 § 2, 2006; Ord. 4835 § 1, 1996.)

14.08.020 Determination of consistency.

A. A proposed project’s consistency with the city’s development regulations adopted under Chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan or subarea plan adopted under Chapter 36.70A RCW shall be determined by consideration of:

1. The type of land use;

2. The level of development, such as units per acre or other measures of density;

3. Infrastructure, including public facilities and services needed to serve the development; and

4. Character of the development, such as development standards.

B. In determining consistency, the determinations made pursuant to ACC 14.08.010(A) shall be controlling.

C. For purposes of this section, the term “consistency” shall include all terms used in this chapter and Chapter 36.70A RCW to refer to performance in accordance with this title and Chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.

D. Nothing in this section requires documentation, dictates an agency’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 ACC 14.08.020 (A). (Ord. 4835 § 1, 1996.)