Chapter 19.01
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
19.01.001 Procedures for processing project permits.
19.01.002 Determination of proper procedure type.
19.01.003 Project permit application framework.
19.01.004 Joint public hearings.
19.01.005 Legislative decisions.
19.01.006 Legislative enactments not restricted.
19.01.007 Exemptions from project permit application processing.
19.01.001 Procedures for processing project permits.
For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II, Type III or Type IV. Legislative decisions are Type V actions, and are addressed in GHMC 19.01.005. Exclusions from the requirements of project permit application processing are contained in GHMC 19.01.007. (Ord. 711 § 1, 1996).
19.01.002 Determination of proper procedure type.
A. Determination by Director. The planning 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 GHMC 19.01.003. 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. Decisionmaker(s). Applications processed in accordance with subsection B of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner or planning commission, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to GHMC 19.01.004. Concurrent public hearings held with the design review board and any other decisionmaker shall proceed with both decisionmakers present. (Ord. 864 § 1, 2001; Ord. 806 § 1, 1998; Ord. 711 § 1, 1996).
19.01.003 Project permit application framework.
A. Action Type.
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PROCEDURE FOR PROJECT PERMIT APPLICATIONS (TYPE I – IV) |
LEGISLATIVE |
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TYPE I |
TYPE II |
TYPE III |
TYPE III-A |
TYPE IV |
TYPE V |
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Recommendation made by: |
N/A |
N/A |
N/A |
N/A |
N/A |
Planning |
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Final decision made by: |
Director |
Director |
Hearing examiner |
Hearing examiner |
City council |
City council |
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Notice of application: |
No |
No |
Yes |
Yes |
Yes |
No |
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Open record public hearing or open record appeal of a final decision: |
No |
Only if appealed, open record hearing before hearing examiner |
Yes, before |
Yes, before |
No |
Yes, before planning commission which makes |
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Closed record appeal/final decision: |
No |
No |
No, only if site-specific rezone appealed, then before council |
No |
Yes, before council to |
Yes, or council could hold its own hearing |
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Judicial appeal: |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
B. Decisions.
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TYPE I |
TYPE II |
TYPE III |
TYPE III-A |
TYPE IV |
TYPE V |
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Permitted uses not requiring site plan review |
Short plat |
Plat vacations and alterations |
Preliminary plats |
Final plats |
Comprehensive plan amendments |
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Boundary line adjustments |
Sign permits |
Site plan/major amendments to site plans |
Preliminary PRD/PUD |
Final PRD/PUD |
Development regulations |
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Minor amendments to PUD/PRD |
Design review1 |
CUP, general variances, sign permit variances, and site-specific rezones |
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Zoning text amendments; area-wide zoning map amendments |
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Special use permits |
Land clearing/grading |
Shoreline substantial development, shoreline variance |
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Annexations |
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Temporary construction trailers |
Revisions to shoreline management permits |
Major amendments to PRD and PUD |
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Administrative variances |
Amendment to height restriction area map |
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Administrative interpretations |
Mobile/manufactured home park or subdivision |
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Home occupation permit |
Performance-based height exception |
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Hardship variance, sign code |
Changes from one nonconforming use to another |
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Modification to landscape plans |
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Minor amendment to PRD or PUD |
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Nonconforming review |
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1 In addition to the procedures in this title, applications for design review shall follow the procedures set forth in Chapter 17.98 GHMC.
(Ord. 1132 § 8, 2008; Ord. 1093 § 14, 2007; Ord. 950 § 2, 2004; Ord. 903 § 1, 2002; Ord. 864 § 2, 2001; Ord. 806 § 2, 1998; Ord. 711 § 1, 1996).
19.01.004 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; or
4. The hearing is held within the geographic boundary of the city. (Ord. 806 § 3, 1998; Ord. 711 § 1, 1996).
19.01.005 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.
B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions in subsection (A)(3) of this section. The planning commission shall also hold public hearings and make recommendations to the city council on the
decisions in subsections (A)(1) and (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 (2) of this section. The public hearing shall be held in accordance with the requirements of Chapter 19.05 GHMC and RCW 36.70A.035 and all other applicable law.
C. City Council. The city council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of Chapter 19.05 GHMC 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) and (2) of this section, it may do so without 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 GHMC 19.03.003(B)(4).
E. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. (Ord. 1077 § 1, 2007; Ord. 806 § 4, 1998; Ord. 711 § 1, 1996).
19.01.006 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. 806 § 5, 1998; Ord. 711 § 1, 1996).
19.01.007 Exemptions from project permit application processing.
A. Whenever a permit or approval in the Gig Harbor Municipal Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street vacations;
3. Street use permits;
4. Impact fee decisions; and
5. Concurrency determinations.
B. Pursuant RCW 36.70B.140(2), building permits, boundary line adjustments or other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and the city’s SEPA/environmental policy ordinance, Chapter 18.04 GHMC), 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 (GHMC 19.02.004) unless an open record hearing is allowed on the project permit decision;
2. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (GHMC 19.01.002(B));
3. Joint public hearings (GHMC 19.01.004);
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 (GHMC 19.05.002(C));
5. Notice of decision (GHMC 19.05.008). (Ord. 806 § 6, 1998; Ord. 711 § 1, 1996).