4-8-080 PERMIT CLASSIFICATION:
A. PURPOSE:
The purpose of this Section is to outline the procedure and time requirements for the various development applications reviewed by the City. All development applications are classified and processed according to one of eleven (11) types of permit procedures, as identified in subsection G of this Section.
B. REVIEW PROCESS BASED UPON APPLICATION TYPE:
Subsection G of this Section lists the development applications and explains the basic steps in the review process. This table also outlines the responsible review authority. More specific details regarding specific land use application procedures and decision criteria are located in chapter 4-9 RMC, Permits – Specific. (Ord. 4587, 3-18-1996; Amd. Ord. 4660, 3-17-1997; Ord. 4963, 5-13-2002)
C. CONSOLIDATED REVIEW PROCESS FOR MULTIPLE PERMIT APPLICATIONS:
1. Optional Process Resulting in a Single Open Record Public Hearing: An applicant may elect to have the review and decision process for required permits consolidated into a single review process. Consolidated review shall provide for only one open record hearing and no more than one closed record appeal period. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals. Where hearings are required for permits from other local, State, regional, or Federal agencies, the City will cooperate to the fullest extent possible with the outside agencies to hold a single joint hearing. A flowchart showing the timeline for processing a combined land use, environmental, and building permit application is included in subsection H of this Section.
2. Review Authority for Multiple Permit Applications: Where more than one land use permit application is required for a given development, an applicant may file all related permit applications concurrently, pay appropriate fees, and the processing may be conducted under the consolidated review process. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest-number procedure, as identified in subsection G of this Section, and highest level of review authority, as identified in RMC 4-8-070, that applies to any of the applications. Appeals of environmental determinations shall be consolidated except when allowed to be part of separate hearings in accordance with RCW 43.21C.075, Appeals, and WAC 197-11-680, Appeals. (Amd. Ord. 4963, 5-13-2002; Ord. 5153, 9-26-2005)
D. TIME FRAME BASED ON PERMIT TYPE:
The flowcharts in subsection H of this Section indicate timelines for each of the eleven (11) land use permit types, as discussed in subsection G of this Section. For permit types I through VIII, the timelines include the statutory requirement that requires the issuance of a letter of completeness within twenty eight (28) days of the application submittal, pursuant to RCW 36.70B.070(1), and the provision for final decisions on permits within one hundred twenty (120) days of receipt of a complete application. In addition, there is a generalized flowchart for the consolidated review process. (Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005)
E. TIME FRAMES – MAXIMUM PERMITTED:
Final decisions on all Type I through Type VIII permits and reviews subject to the procedures of this Chapter shall occur within one hundred twenty (120) days from the date an application is deemed complete, unless the applicant consents to an extension of such time period. If a project application is substantially revised by an applicant, the one hundred twenty (120) day time period shall start again after the revised project application is determined to be complete. Development applications which are specifically exempted under RMC 4-8-050, Exemptions from State Process Requirements, are not subject to this time frame. (Amd. Ord. 4974, 6-24-2002; Ord. 5153, 9-26-2005)
F. EXCLUSIONS FROM ONE HUNDRED TWENTY (120) DAY TIME LIMIT:
In determining the number of days which have elapsed since the applicant was notified that the application is complete, the following periods shall be excluded:
1. Revisions/Additional Information Required: The time period in which an applicant has been requested by the Development Services Division to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the Development Services Division notifies the applicant of the need for additional information until: (a) the date the Division determines the additional information satisfies the request for information, or (b) fourteen (14) days after the date acceptable information has been provided to the City, whichever is earlier. If the Division determines that the information submitted is insufficient, it shall notify the applicant of the deficiencies.
2. EIS Preparation: A period of two hundred fifty (250) days for the preparation of a draft environmental impact statement (DEIS), following a determination of significance. This time frame shall commence after the final scoping of the DEIS is complete.
3. Applicant Agreements: Any time extension mutually agreed upon by the applicant and the Development Services Division.
G. LAND USE PERMIT PROCEDURES:
|
LAND USE PERMITS |
PUBLIC NOTICE OF APPLICATION |
RECOMMENDATION |
OPEN RECORD HEARING7 |
DECISION/ ADOPTION |
OPEN RECORD APPEAL |
CLOSED RECORD HEARING |
JUDICIAL APPEAL |
|
TYPE I |
|||||||
|
Building and Grading Permits1 |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Business Licenses for Home Occupations (no customer visits/deliveries) |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Deferrals |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Lot Line Adjustments |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Minor Modification to Previously Approved Site Plan (<10%) |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Modifications, Deviations, Alternates of Various Code Standards2 |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Public Art Exemption Certificate |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Routine Vegetation Management Permits (SEPA exempt) |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Shoreline Exemptions |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Special Fence Permits |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Temporary Use Permit: Tier I |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Waivers2 |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
Other SEPA Exempt Activities/Actions |
No |
No |
No |
Staff |
HE |
CC |
SC |
|
TYPE II |
|||||||
|
Additional Animals Permit |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Administrative Variances |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Business Licenses for Home Occupations (with customer visits/deliveries) |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Conditional Approval Permit (nonconforming structures) |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Planned Urban Development, final |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Temporary Use Permits: Tier II |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Temporary Emergency Wetland Permit |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Variances, Administrative |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Binding Site Plans |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Conditional Use Permit (administrative) |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Development Permit (special flood hazard) |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Environmental Review9 |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Master Site Plan Approvals (individual phases) |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Site Plan Review (administrative) |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
Shoreline Permit |
Yes |
No |
No |
Staff |
DOE |
CC |
SC |
|
Short Plats |
Yes |
No |
No |
Staff |
HE |
CC |
SC |
|
TYPE III4 |
|||||||
|
Permit to Rebuild (nonconforming use) |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Bulk Storage Special Permit |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Conditional Use Permit (Hearing Examiner) |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Fill and Grade Permit, Special |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Final Plats |
No |
Staff |
NA |
HE |
|
CC |
SC |
|
Master Site Plan Approval (overall plan) |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Mobile Home Parks, Preliminary and Final |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Planned Urban Development, preliminary |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Preliminary Plats – 10 Lots or More |
Yes |
Staff |
HE |
HE |
|
CC |
SC |
|
Shoreline Conditional Use Permit6 |
Yes |
Staff |
HE |
DOE, HE |
|
SHB |
|
|
Shoreline Variance6 |
Yes |
Staff |
HE |
DOE, HE |
|
SHB |
|
|
Site Plan Review (Hearing Examiner) |
Yes |
Staff |
HE |
HE |
|
CC |
|
|
Special Permits |
Yes |
Staff |
HE |
HE |
|
CC |
|
|
Variances (associated with Hearing Examiner land use review) |
Yes |
Staff |
HE |
HE |
|
CC |
|
|
TYPE IV4 |
|||||||
|
Rezones (site-specific, not associated with a Comprehensive Plan amendment) |
Yes |
Staff, HE |
HE |
CC |
|
|
SC |
|
TYPE V4 |
|||||||
|
Street Vacations8 |
Yes |
Public Works Staff |
CC |
CC |
|
|
SC |
|
TYPE VI4 |
|||||||
|
Development Regulation Text Amendments |
Yes |
Staff, PC |
PC |
CC |
|
|
GMHB |
|
Comprehensive Plan Map or Text Amendments (may include associated rezones) |
Yes |
Staff, PC |
PC |
CC |
|
|
GMHB |
LEGEND:
Staff – Community and Economic Development Staff
ERC – Environmental Review Committee
PC – Planning Commission
Admin. – Community and Economic Development Administrator or designee
HE – Hearing Examiner
CC – City Council
DOE – Washington State Department of Ecology
SC – Superior Court
SHB – Shoreline Hearings Board
GMHB – Growth Management Hearings Board
NA – Not Applicable
FOOTNOTES:
1. SEPA exempt or for which the SEPA/land use permit process has been completed.
2. Administratively approved.
3. Deleted.
4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is responsible for environmental determinations.
5. The Community and Economic Development Administrator or designee shall hear variances where not associated with a development that requires review by the Hearing Examiner.
6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology (DOE). DOE has up to thirty (30) days to make a decision on a permit. This time period does not count toward the one hundred twenty (120) day maximum time limit for permit decisions. DOE’s decision is followed by a twenty one (21) day appeal period, during which time no building permit for the project may be issued.
7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing.
8. Street vacations are exempt from the one hundred twenty (120) day permit processing time limit.
9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit.
(Amd. Ord. 4827, 1-24-2000; Ord. 4963, 5-13-2002; Ord. 4975, 7-1-2002; Ord. 5153, 9-26-2005; Ord. 5356, 2-25-2008; Ord. 5450, 3-2-2009; Ord. 5471, 7-13-2009; Ord. 5516, 12-14-2009; Ord. 5519, 12-14-2009)
H. (Repealed by Ord. 5519, 12-14-2009)