Chapter 14.09
REVIEW AND APPROVAL PROCESSES

Sections:

14.09.010    Purpose.

14.09.020    Review and approval processes.

14.09.030    Process 1 – Administrative decision.

14.09.040    Process 2 – Decision by Hearings Examiner.

14.09.050    Process 3A – Decision by City Council with Hearings Examiner recommendation.

14.09.060    Process 3B – Decision by City Council without Hearings Examiner recommendation.

14.09.070    Process 4 – Decision by City Council with Planning Commission recommendation.

14.09.010 Purpose.

The purpose of this chapter is to describe the various administrative and discretionary processes by which land use and development applications are reviewed and approved by the City. This section does not include administrative procedures for review and approval of building permit applications. (Ord. 1396 § 2, 2006)

14.09.020 Review and approval processes.

Land use and development applications shall be processed by the City in accordance with one of the following processes:

A.    Process 1 – Administrative decision;

B.    Process 2 – Hearings Examiner decision;

C.    Process 3A – City Council decision with Hearings Examiner recommendation;

D.    Process 3B – City Council decision without Hearings Examiner recommendation;

E.    Process 4 – City Council decision with Planning Commission recommendation.

Current administrative processes are noted below, together with the land use and development applications usually associated with the noted process. In the event that a land use or development proposal is of a nature that it does not fall clearly into a previously identified application category, the Planning Director shall have the authority to determine which application category, and which administrative process is most appropriate given the particular circumstances of the proposal. (Ord. 1396 § 2, 2006)

14.09.030 Process 1 – Administrative decision.

A.    Certain types of land use/development applications may be reviewed and approved, approved with conditions, or denied administratively by authorized City officials without notice to the public.

Process 1 applications approved by the Planning Director include:

1.    Building permits, and extension of time for building permit applications and permits.

2.    Short subdivision exemption determination pursuant to FMC 17.12.010.

3.    Short plats.

4.    Binding site plans.

5.    Lot line adjustments.

6.    Flood hazard certificates.

7.    Critical area review.

8.    Minor home occupation permit per FMC 18.12.150.

9.    Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not affect: (a) overall project character, (b) increase the number of lots, dwelling units, or density or (c) decrease in the quality or amount of open space.

Process 1 applications approved by the Public Works Director include:

10.    Land disturbance permits, and extension of time for land disturbance permits.

11.    Encroachment permits to authorize work within public rights-of-way.

B.    The steps in Process 1 include:

1.    Submittal of complete land use/development application.

2.    If applicable, issuance of determination of complete application.

3.    If applicable, issuance of notice of application.

4.    If applicable, completion of environmental review under SEPA and issuance of a threshold determination (may be combined with notice of application).

5.    If applicable, Technical Review Committee review.

6.    Decision by responsible official and/or permit issuance.

C.    Process 1 decisions may be appealed to the Hearings Examiner by any aggrieved party within 10 days of the date of the decision or permit issuance. (Ord. 1396 § 2, 2006)

14.09.040 Process 2 – Decision by Hearings Examiner.

A.    Certain types of land use/development applications require public, rather than simply administrative, review. This means that the application must be considered at an advertised public hearing before a final decision on the application is made by the Hearings Examiner. Process 2 applications include:

1.    Short plat variance.

2.    Conditional use permit.

3.    Zoning variance.

4.    Major home occupation permit per FMC 18.12.140.

5.    Appeals of administrative decisions or interpretations.

6.    Appeals of environmental threshold determinations.

B.    The steps in the Type 2 process include:

1.    Submittal of complete land use/development application.

2.    Issuance of determination of complete application.

3.    If applicable, completion of environmental review under SEPA and issuance of a threshold determination (may be combined with notice of application).

4.    If applicable, Technical Review Committee review.

5.    Issuance and distribution of a notice of public hearing.

6.    Open record public hearing, or if applicable, closed record appeal hearing.

7.    Decision by Hearings Examiner.

8.    Issuance and distribution of notice of decision to parties of record.

9.    If requested by a party of record within seven days of the date of the notice of decision, reconsideration of the Hearings Examiner’s decision.

C.    Decisions of the Hearings Examiner may be appealed to Whatcom County superior court by a party of record within 21 days of the date of the notice of decision. (Ord. 1396 § 2, 2006)

14.09.050 Process 3A – Decision by City Council with Hearings Examiner recommendation.

A.    Certain types of land use/development applications requiring public review are reviewed by the Hearings Examiner, and decided upon by the City Council. In these cases, a public hearing is held before the Hearings Examiner who then makes a recommendation to the City Council. The City Council makes a final decision following a review of the record of the public hearing and the Hearings Examiner recommendations. Process 3A applications include:

1.    Preliminary plats.

2.    Plat variances.

3.    Planned unit developments.

B.    The steps in the Type 3A process include:

1.    Submittal of complete land use/development application and SEPA checklist.

2.    Issuance of determination of complete application.

3.    Issuance and distribution of notice of application.

4.    Completion of environmental review under SEPA and issuance of a threshold determination (may be combined with notice of application).

5.    Technical Review Committee review.

6.    Issuance and distribution of a notice of public hearing.

7.    Public hearing by Hearings Examiner.

8.    Issuance and distribution of notice of decision (Hearings Examiner recommendation) to parties of record.

9.    If requested by a party of record within seven days of the date of the notice of decision, reconsideration of the Hearings Examiner’s recommendation.

10.    City Council considers Hearings Examiner recommendation at a closed record public meeting, and makes final decision.

11.    Issuance and distribution of notice of decision to parties of record.

12.    If requested by a party of record within seven days of the date of the notice of decision, reconsideration of the City Council’s decision.

C.    Process 3A City Council decisions may be appealed to Whatcom County superior court by a party of record within 21 days of the date of the notice of decision. (Ord. 1396 § 2, 2006)

14.09.060 Process 3B – Decision by City Council without Hearings Examiner recommendation.

A.    Final plat applications are reviewed by the City Council without a recommendation by the Hearings Examiner. These applications are reviewed by the Public Works Director and the Plat Administrator who make recommendations to the City Council. In this case, the City Council makes a final decision based on information provided by staff a regular public meeting. Process 3B applications include:

1.    Final plats.

B.    The steps in the Type 3B process include:

1.    Submittal of complete final plat application.

2.    Issuance of determination of complete application.

3.    Review of application by Public Works Director and Plat Administrator.

4.    Recommendation by Public Works Director and Plat Administrator.

5.    City Council considers recommendation at a closed record public meeting, and makes final decision.

6.    Issuance and distribution of notice of decision to parties of record.

7.    If requested by a party of record within seven days of the date of the notice of decision, reconsideration of the City Council’s decision.

C.    Process 3B City Council decisions may be appealed to Whatcom County superior court by a party of record within 21 days of the date of the notice of decision. (Ord. 1396 § 2, 2006)

14.09.070 Process 4 – Decision by City Council with Planning Commission recommendation.

A.    Legislative matters such as Comprehensive Plan amendments and rezones, as opposed to quasi-judicial matters such as plats, are decided by the City Council following a recommendation from the Planning Commission instead of the Hearings Examiner. Process 4 applications include:

1.    Comprehensive Plan amendments.

2.    Rezones.

3.    Annexations.

4.    Specific sub-area and neighborhood plans.

5.    Amendments to FMC Titles 16, 17, and 18, and the shoreline master program.

B.    The steps in the Type 4 process include:

1.    Submittal of complete application and SEPA checklist.

2.    Issuance of determination of complete application.

3.    Issuance and distribution of notice of application.

4.    Completion of environmental review and issuance of a threshold determination (may be combined with notice of application).

5.    Issuance and distribution of notice of public hearing.

6.    Open record public hearing by Planning Commission.

7.    Recommendation by Planning Commission, forwarded to City Council.

8.    City Council holds second open record public hearing, if applicable, considers Planning Commission recommendation, and makes final decision.

9.    Issuance and distribution of notice of decision to parties of record.

10.    If requested by a party of record within seven days of the date of the notice of decision, reconsideration of the City Council’s decision.

C.    Process 4 City Council decisions may be appealed to Whatcom County superior court by a party of record within 21 days of the date of the notice of decision. (Ord. 1396 § 2, 2006)