Chapter 30.70
GENERAL PROVISIONS

Sections:

30.70.010    Purpose and applicability.

30.70.015    Exemptions.

30.70.020    Pre-application meeting.

30.70.030    Submittal requirements.

30.70.040    Completeness determination.

30.70.045    Notice - general.

30.70.050    Notice of application - timing and method.

30.70.060    Notice of application - Public and agency comment period.

30.70.065    Computing time periods for public comment and appeals.

30.70.070    Adequacy of mailed notice.

30.70.080    Combined notice.

30.70.090    Combined county and agency hearing.

30.70.100    Consistency determination.

30.70.110    Processing timelines.

30.70.120    Consolidated permit review.

30.70.130    Authority to impose conditions or deny application.

30.70.135    Clerical Mistakes -- Authority to Correct.

30.70.140    Expiration of applications, approvals, and permits.

30.70.150    Reapplication after denial of project permit application.

30.70.210    Minor revisions to approved development applications.

30.70.220    Major revisions to approved residential development applications.

30.70.230    Revisions not defined as minor or major.

30.70.300    Vesting of applications.

30.70.010 Purpose and applicability.

(1) The purpose of this subtitle is to establish procedures for processing project permit applications and for adopting and amending comprehensive plans and development regulations. These procedures are intended to promote land use decisions that further the goals and policies of the comprehensive plan.

(2) This subtitle is adopted pursuant to the Local Project Review Act, chapter 36.70B RCW, and the GMA.

(3) This subtitle applies to all project permit applications, unless specifically exempted, and to legislative decisions, code interpretations, and other decisions on applications as specifically set forth herein.

(4) State agencies shall comply with the provisions of this subtitle pursuant to RCW 36.70A.103.

(Added Amended Ord.02-064, December 9, 2002, Eff date February 1, 2003)

30.70.015 Exemptions.

The following permit types are exempt from the requirements of this subtitle, except the consistency determination required by SCC 30.70.100, and the expiration and vesting provisions of SCC 30.70.140 and SCC 30.70.300 shall apply:

(1) Building permits exempt from the State Environmental Policy Act (SEPA);

(2) Land disturbing activity permits exempt from SEPA; and

(3) All other construction permits pursuant to subtitle 30.5 SCC that are exempt from SEPA.

(Added Amended Ord.02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 07-084, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.70.020 Pre-application meeting.

(1) A pre-application meeting is strongly encouraged for the following:

(a) Subdivisions;

(b) Planned residential developments;

(c) Rezones;

(d) Conditional use permits;

(e) Development activities and actions requiring project permits when critical areas are located on the subject property;

(f) Any application for which official site plan approval is required; and

(g) Shoreline substantial development, shoreline conditional use and shoreline variance permits.

(2) The purpose of a pre-application meeting is to provide the department with preliminary information regarding the development proposal and to provide the applicant with preliminary information about development requirements, environmental issues, procedural requirements, known community concerns, and other relevant matters prior to the filing of a formal application.

(3) Pre-application meetings provide preliminary information only and are not intended to result in final actions or commitments by either the county or the applicant.

(4) The department shall prepare a pre-application submittal checklist that lists specific items or information requested for the meeting. When available, the applicant shall provide the information prior to the meeting.

(5) Within a reasonable time following a pre-application meeting, the department shall provide the applicant with a written summary of the issues discussed and specific instructions for submittal of a complete application, if any.

(Added Amended Ord.02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.70.030 Submittal requirements.

(1) The department shall establish and may revise written submittal requirements for each type of application or approval required by this title. The requirements shall be made available to the public in a checklist or other form that clearly describes the material that must be submitted for an application to be considered complete. Establishment of submittal requirements shall not be subject to the rulemaking process of chapter 30.82 SCC, but the department shall provide public notice of such changes 30 days prior to their effective date.

(2) Submittal requirements shall not be waived, except that the department may determine in writing that a particular requirement is not applicable upon a clear showing by the applicant that the requirement is not relevant to the proposed action and is not necessary to demonstrate compliance with applicable requirements.

(3) Additional materials may be required by the department as it determines necessary for review of the application.

(Added Amended Ord.02-064, December 9, 2002, Eff date February 1, 2003)

30.70.040 Completeness determination.

(1) The department shall determine whether a project permit application is complete or incomplete within 28 days after receiving an application. The determination shall be in writing and mailed, faxed, e-mailed, or delivered to the applicant or the applicant’s representative within the required time period, except as set forth in SCC 30.70.040(2). When an application is determined incomplete, the determination shall state what is necessary to make the application complete.

(2) An application is complete for the purposes of this section if the department does not provide a written determination to the applicant within the required time period.

(3) A written determination of completeness shall, to the extent known by the department, identify other local, state, or federal agencies with jurisdiction. The department may include other information in the determination.

(4) A project permit application is complete for the purposes of this section when it meets the submittal requirements established by the department pursuant to SCC 30.70.030, including any requirements for environmental review pursuant to chapter 30.61 SCC. The county may require additional information or studies after a determination of completeness.

(5) If the department determines an application is incomplete and the applicant submits additional documents identified by the department as necessary for a complete application, the department shall notify the applicant within 14 days of the submittal that the application is complete or what additional information is necessary to make the application complete.

(Added Amended Ord.02-064, December 9, 2002, Eff date February 1, 2003)

30.70.045 Notice - general.

The notice requirements of this chapter ensure the county meets or exceeds the notice requirements pursuant to state law. When posted, mailed or published notice is required pursuant to this title, such notice shall be given as follows, unless otherwise specifically provided:

(1) When posting is required, the applicant shall post two or more signs which meet county standards in a conspicuous location on the property’s frontage abutting public rights-of-way. If the property does not abut a public right-of-way, the signs shall be placed on the property at the point of access and on the public right-of-way at the easement or private road that accesses the property. Posting shall conform to the following requirements:

(a) As evidence of posting the applicant shall submit a verified statement containing the date and location of posting;

(b) If verification of posting is not returned to the department within 14 days of application, the department shall suspend processing of the application until such verification is received;

(c) Signs shall remain posted throughout the permit review process until all appeal periods have expired, and may be updated and used for other posted notices required by county code for the proposed project;

(d) Signs and instructions for posting shall be provided to the applicant by the department; and

(e) Signs shall be removed by the applicant no later than 14 days after all appeal periods have expired.

(2) When publication is required, the department shall publish one notice in the official county newspaper.

(3) When mailing is required, notice may be provided either on a letter/legal size publication or post card.

(4) When mailing is required, the department shall mail notice to the following persons or entities:

(a) Each taxpayer of record and each known site address within:

(i) 500 feet of any portion of the boundary of the subject property and contiguous property owned by the applicant;

(ii) 1,000 feet, if the subject property is categorized as rural, natural resource, residential 20,000 (R-20,000), or rural use; or

(iii) 1,500 feet for subdivision applications where each lot is 20 acres or larger, or 1/32nd of a section or larger;

(b) Any city or town whose municipal boundaries are within one mile of a proposed subdivision or short subdivision;

(c) The Washington State Department of Transportation for every proposed subdivision or short subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport; and

(d) Any other local, state, or federal agency or any person or organization as determined appropriate by the department.

(5) The county may provide additional public notice by notifying the news media and community organizations, by placing notices in neighborhood/community newspapers, appropriate regional, neighborhood, ethnic, or trade journals, or by publishing notice in agency newsletters or on the department or county web page.

(6) The department will recover the costs of notice required by this title from the applicant.

(Added Amended Ord.02-064, December 9, 2002, Eff date February 1, 2003; Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006)

30.70.050 Notice of application - timing and method.

(1) The department shall provide notice of application within 10 days after a determination that the application is complete as specified in SCC Table 30.70.050(5). Required notice shall be given in accordance with SCC 30.70.045.

(2) A notice of application posted or published in the official county newspaper or provided by mail on a letter/legal size publication shall include the following information:

(a) Date of application, date of completeness determination, and date of notice of application;

(b) Project description, list of permits requested, assigned county file number, and county contact person;

(c) Any information or studies requested by the department;

(d) Any other required permits not included in the application, to the extent known by the department;

(e) Any existing environmental documents that evaluate the proposed project, including where they can be inspected;

(f) The date, time, place, and type of public hearing, if applicable and if scheduled at the time of the notice;

(g) When notice is for a rezone action or development in a performance standard zone, a statement indicating where the full text and/or map of the rezone action may be inspected;

(h) A statement of when the comment period ends and the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal procedures;

(i) If determined at the time of notice, those development regulations that will be used for project mitigation or to review consistency; and

(j) Any other information determined appropriate by the department.

(3) Mailed notice of application may be provided on a post card.

(4) A post card notice shall contain the following information:

(a) project description;

(b) project file number;

(c) project location;

(d) type of project;

(e) applicable comment dates and notice of where to submit comments;

(f) date the notice of application was published in the official county newspaper;

(g) website address providing access to project information; and

(h) a department contact

 

SCC Table 30.70.050(5)

Notice of Application Requirements
 

Application Type

Post

Publish

Mail

Administrative Conditional Use

X

X

X

Binding Site Plan

X

X

X

Building and land disturbing activity permits subject to SEPA

X

X

X

Code interpretation not related to a specific project

 

X

 

Code interpretation related to a specific project

X

X

X

Final Subdivision

[see SCC 30.41A.600 - 30.41A.730]

Flood Hazard Permit - except as provided in SCC 30.43C.020

 

 

X

Flood Hazard Variance

X

X

X

Freeway service zone official site plan in existing zone

X

X

X

Free-standing sign in FS and RFS zone

X

X

X

SEPA threshold determination and EIS adequacy associated with project permit

X

X

X

Shoreline variance, conditional use, or substantial development permit or permit rescission

X

X

X

Short subdivision and rural cluster short subdivision

X

X

X

Variance

X

X

X

Conditional use and major revision

X

X

X

Preliminary subdivision and rural cluster subdivision, and major revision

X

X

X

Planned Residential Development and major revision

X

X

X

Official site plan or preliminary plan approval in performance standard zones (BP, PCB, IP, FS, T, RB, CRC, RFS, and RI)

X

X

X

Rezone - site specific

X

X

X

Review or revocation of a permit or approval pursuant to SCC 30.71.027

X

X

X

Preapplication Concurrency Decision

X

X

X

Any non-listed Type 1 or Type 2 permit application except Boundary Line Adjustments pursuant to SCC 30.41E.020(1)(c)

X

X

X

(Added Amended Ord.02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-042, July 6, 2005, Eff date Aug. 8, 2005; Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006; Amended Ord. 07-005, February 21, 2007, Eff date March 4, 2007; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010)

30.70.060 Notice of application - Public and agency comment period.

(1) The notice of application shall provide for a public and agency comment period of 21 days, except that for shoreline substantial development permits, shoreline conditional use permits, and shoreline variances, the comment period shall be 30 days. When notice is published, the comment period begins on the day following the date of publication in the official county newspaper.

(2) No decision on a Type 1 or Type 2 land use application shall be issued prior to the end of the public comment period set by the notice of application, except for a threshold determination of significance (DS) issued pursuant to chapter 30.61 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.065 Computing time periods for public comment and appeals.

In computing any time period required for public comment or appeal under this title, the time period shall commence the day after published notice is given for the commencement of the time period. The time period shall not end on a Saturday, Sunday, or legal holiday, and shall instead be carried forward to the next day that is not a Saturday, Sunday, or legal holiday. When published notice is not required, the time period required for public comment or appeal shall commence the day after the posting.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.070 Adequacy of mailed notice.

(1) Any mailed notice required by this subtitle shall be deemed adequate where a good-faith effort has been made by the county to identify and mail a notice to each taxpayer of record and known site address.

(2) Notices mailed to taxpayers of record and known site addresses shall be deemed received by those persons if named in an affidavit or declaration of mailing executed by the department. The failure of any person to actually receive the notice shall not invalidate any permit or approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.080 Combined notice.

(1) Public notice for project permit applications, SEPA documents, predecision hearings, and appeal hearings may be combined when practical, where such combined notice will expedite the permit review process, and where requirements of each individual notice are met by the combined notice.

(2) For projects requiring a predecision open record hearing and a SEPA threshold determination, the SEPA appeal notice shall provide that any appeal, should one be filed, will be heard at the predecision open record hearing. No additional notice of the SEPA appeal is required.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.090 Combined county and agency hearing.

(1) When requested by an applicant, the county shall allow a predecision hearing to be combined with a hearing that may be required by another local, state, regional, federal, or other agency for the same project. The 120-day timeline requirements of SCC 30.70.110 shall be waived by the applicant if necessary to combine the hearings. The combined hearing shall be conducted within the geographic boundary of the county.

(2) The hearing examiner shall have the discretion to determine the hearing procedure when county and agency hearings are combined and there are conflicting hearing procedures. In all cases, appeals and hearings shall be combined in a manner which retains applicable county procedure and allows for hearing and/or appeal before the hearing examiner.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.100 Consistency determination.

(1) Pursuant to RCW 36.70B.040, the county shall review all project permit applications for consistency with applicable county development regulations or, in the absence of adopted development regulations, with the appropriate elements of the comprehensive plan or subarea plan adopted under chapter 36.70A RCW. In the consistency review, the county shall consider the following factors:

(a) The type of land use permitted;

(b) The level of development, such as units per acre or other measures of density;

(c) Infrastructure, including public facilities and services needed to serve the development; and

(d) The characteristics of the development, such as development standards.

(2) No specific or separate documentation of consistency is required, except that for projects receiving a written report or other documentation from the department, consistency shall be documented in the report. For projects not requiring a written report, consistency shall be indicated on the permit or decision.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.110 Processing timelines.

(1) Notice of final decision on a project permit application shall issue within 120 days from when the permit application is determined to be complete, unless otherwise provided by this section or state law.

(2) In determining the number of days that have elapsed after an application is complete, the following periods shall be excluded:

(a) Any period during which the county asks the applicant to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the county mails notification to the applicant of the need for additional information until the date the county determines whether the additional information satisfies the request for information, or 14 days after the applicant supplies the information to the county, whichever is earlier. If the information submitted by the applicant under this subsection is insufficient, the county shall mail notice to the applicant of the deficiencies and the provisions of this subsection shall apply as if a new request for information had been made;

(b) Any period during which an environmental impact statement is being prepared;

(c) A period, not to exceed 30 calendar days, during which a code interpretation is processing in conjunction with an underlying permit application pursuant to chapter 30.83 SCC.

(d) The period specified for administrative appeals of project permits;

(e) Any period during which processing of an application is suspended pursuant to SCC 30.70.045(1)(b);

(f) Any period during which an agreement is negotiated or design review is conducted for an urban center pursuant to SCC 30.34A.180(1) or (2); and

(g) Any period of time mutually agreed upon by the applicant and the county.

(3) The time periods established by this section shall not apply to a project permit application:

(a) That requires an amendment to the comprehensive plan or a development regulation in order to obtain approval;

(b) That is substantially revised by the applicant, in which case a new 120-day time period shall start from the date at which the revised project application is determined to be complete;

(c) That requires approval of a development agreement by the county council;

(d) When the applicant consents to an extension; or

(e) During any period necessary for reconsideration of a hearing examiner’s decision.

(4) Subject to all other requirements of this section, notice of final decision on an application for a boundary line adjustment shall be issued within 45 days after the application is determined complete.

(5) The county shall notify the applicant in writing if a notice of final decision on the project has not been made within the time limits specified in this section. The notice shall include a statement of reasons why the time limits have not been met and an estimated date of issuance of a notice of final decision.

(6) Failure of the county to make a final decision within the timelines specified by this chapter shall not create liability for damages.

(7) Timelines for processing shoreline substantial development, shoreline conditional use and shoreline variance permits shall be in accordance with the provisions of this chapter unless otherwise specified in chapter 30.44 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Emergency Ord. 04-019, February 11, 2004, Eff date February 11, 2004; Amended by Amended Ord. 09-044, Aug. 12, 2009 (veto overridden Sept. 8, 2009), Eff date Sept. 18, 2009; Amended by Amended Ord. 09-079, May 12, 2010, Eff date May 29, 2010; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.70.120 Consolidated permit review.

(1) The department shall consolidate permit review for all project permit applications for the same proposal when each application is subject to a predecision public hearing and where all permit applications have been submitted concurrently.

(2) If the applicant requests consolidated permit processing for applications that do not meet the requirements of SCC 30.70.120(1), applications may be consolidated when the department finds that consolidation would result in more efficient review and processing. If one or more of the permit applications is subject to the 120-day review time period established in SCC 30.70.110, all consolidated permit applications shall be reviewed within the 120-day period, except as provided in SCC 30.70.120(3).

(3) When a project permit application subject to a timeline requirement established in SCC 30.70.110 is consolidated with a project permit application that is exempt from the timeline requirement under SCC 30.70.110(3), the timeline requirement shall not apply.

(4) A project permit application being reviewed under the consolidated process is subject to all requirements of permit application submittal, notice, processing, and approval that would otherwise apply if the permit were being processed as a separate application.

(5) A final decision on certain consolidated permit applications may be preliminary and contingent upon approval of other permits or actions considered in the consolidated permit process.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.130 Authority to impose conditions or deny application.

The county may require modifications to a project permit application and may impose conditions to ensure consistency as required by SCC 30.70.100 and compliance with applicable development regulations. A project permit application that does not comply with applicable development regulations or is determined inconsistent under SCC 30.70.100 shall be denied.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.135 Clerical Mistakes -- Authority to Correct.

Clerical mistakes and errors arising from oversight or omission in hearing examiner and council decisions and/or orders issued pursuant to this chapter may be corrected by the issuing body at any time either on its own initiative or on the motion of a party of record. A copy of each page affected by the correction, with the correction clearly identified, shall be mailed to all parties of record.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.140 Expiration of applications, approvals, and permits.

(1) This section shall apply to:

(a) New applications, approvals, and permits set forth in SCC Table 30.70.140(1); and

(b) Existing applications set forth in SCC Table 30.70.140(1) that were deemed complete but that were not approved or denied prior to April 1, 2016, provided that the department shall provide notice to the applicant one year prior to the expiration date of the application.

(2) SCC Table 30.70.140(1) establishes the expiration period for applications, approvals, and permits, except that:

(a) When an EIS is required, the expiration period of an application will be suspended until the FEIS is issued. The suspension of the expiration period for an application shall not exceed 18 months unless approved by the director; and

(b) When otherwise modified by the hearing examiner.

(3) The applicant is responsible for monitoring the expiration periods for an application, approval, or permit. The county is not required to inform an applicant when an application, approval, or permit will expire or has expired.

(4) For minor revisions under SCC 30.70.210 and major revisions under SCC 30.70.220, the term of expiration for an application shall be 12 months and shall not extend the term of the corresponding development application approval or concurrency determination.

SCC Table 30.70.140(1) 

Approval Type

Expiration of application

Expiration of approval or permit

Administrative Conditional Use Permit

36 months

5 years to commence construction or use

Administrative Conditional Use Permit – Temporary Dwelling During Construction

12 months

As determined in decision

Administrative Conditional Use Permit - Temporary Dwelling For Relative

12 months

Shall be subject to annual renewal

Administrative Conditional Use Permit - Other Temporary Uses

12 months

As determined in decision

Administrative Site Plan (pursuant to chapter 30.23A SCC)

36 months

5 years to commence construction or use

Binding Site Plan

36 months

6 months to record

Boundary Line Adjustment

12 months

12 months to record. The department may grant up to one 12-month extension.

Building Permit

Per subtitle 30.5 SCC

Per subtitle 30.5 SCC

Conditional Use Permit

36 months

5 years to commence construction or use

Cottage Housing (pursuant to chapter 30.41G SCC)

36 months

5 years to commence construction or use

Flood Hazard Permit & Flood Hazard Variance

18 months

18 months from the date of issuance. Start of construction, as defined in SCC 30.91S.570, must commence within 180 days.

Forest Practices (Class IV-General)

18 months

36 months

Land Disturbing Activity

18 months

36 months

Official Site Plan and Site Plans (pursuant to chapters 30.31A and 30.31B SCC)

36 months

5 years to commence construction or use

Planned Residential Development

36 months

5 years to commence construction or use

Pre-application Concurrency Determination

6 months

Per SCC 30.66B.155

Rezones

36 months

Not applicable

Shoreline Conditional Use Permit

36 months

Per chapter 30.44 SCC

Shoreline Substantial Development Permit

36 months

Per chapter 30.44 SCC

Single Family Detached Units

36 months

5 years to commence construction or use

Special Use Permit (pursuant to chapter 30.42F SCC)

36 months

5 years to commence construction or use

Subdivisions

48 months

Per RCW 58.17.140, except that:

•    For preliminary subdivisions that were approved on or after January 1, 2008, one or more extensions not to exceed a total extension time of two years may be granted by the department. Such request must be received by the director at least 30 days prior to the expiration of the preliminary subdivision approval or prior extension. The applicant shall pay a fee for each extension pursuant to SCC 30.86.100.

•    For preliminary subdivisions that were approved on or before December 31, 2007, one or more extensions up to a total term of 12 years may be granted by the department. Such request must be received by the director at least 30 days prior to the expiration of the preliminary subdivision approval or prior extension. The applicant shall pay a fee for each extension pursuant to SCC 30.86.100.

Short Subdivisions

48 months

60 months, except that:

•    For preliminary short subdivisions that were approved on or after January 1, 2008, one or more extensions not to exceed a total extension time of two years may be granted by the department. Such request must be received by the director at least 30 days prior to the expiration of the preliminary short subdivision approval or prior extension. The applicant shall pay a fee for each extension pursuant to SCC 30.86.110.

•    For preliminary short subdivisions that were approved on or before December 31, 2007, one or more extensions up to a total term of 12 years may be granted by the department. Such request must be received by the director at least 30 days prior to the expiration of the preliminary short subdivision approval or prior extension. The applicant shall pay a fee for each extension pursuant to SCC 30.86.110.

Urban Center Development

36 months

5 years to commence construction or use

Variance

36 months

Not applicable

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017)

30.70.150 Reapplication after denial of project permit application.

The department shall not accept an application for substantially the same matter within one year from the date of the final county action denying the prior application, unless the denial was without prejudice.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.70.210 Minor revisions to approved development applications.

The purpose and intent of this section is to provide an administrative process for minor revisions to approved development applications. For the purposes of this section, approved development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other development applications.

(1) The minor revision process is applicable to any approved Type 1 and Type 2 development application where an applicant requests a minor revision of the approved plans, except site plans submitted under SCC 30.28.086 and 30.28.105.

(2) Revisions to mixed-use and urban center development applications shall be considered nonresidential development applications for the purposes of this section.

(3) A minor revision to an approved residential development application is limited to the following when compared to the original development application, provided that there shall be no change in the proposed type of development or use:

(a) Short subdivisions shall be limited to no more than one additional lot.

(b) Subdivisions, single-family detached unit developments, cottage housing, townhomes and multiple-family developments shall be limited to the lesser of:

(i) A 10 percent increase in the number of lots or units; or

(ii) An additional 10 lots or units.

(c) A reduction in the number of lots or units.

(d) A change in access points may be allowed when combined with subsection (3)(a) or (b) of this section or as a standalone minor revision provided that it does not change the trip distribution. No change in access points that changes the trip distribution can be approved as a minor revision.

(e) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application, provided that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.

(f) A change to the internal lot lines that does not increase lot or unit count beyond the amount allowed for a minor revision.

(g) A change in the aggregate area of designated open space that does not decrease the amount of designated open space by more than:

(i) Ten percent for developments located within an urban growth area; or

(ii) Twenty percent for developments located outside of an urban growth area.

Under no circumstances shall the amount of designated open space be decreased to an amount that is less than that required by code.

(h) A change not addressed by the criteria in subsections (3)(a) through (g) of this section which does not substantially alter the character of the approved development application or site plan and prior approval.

(4) A minor revision to an approved nonresidential development application is limited to the following when compared to the original development application, provided that there is no change in the proposed type of development or use or no more than a 10 percent increase in trip generation:

(a) A utility structure shall be limited to no more than a 400-square-foot increase in the gross floor area.

(b) All other structures shall be limited to no more than a 10 percent increase in the gross floor area.

(c) A change in access points when combined with subsection (4)(a) or (b) of this section or as a standalone minor revision.

(d) A change which does not substantially alter the character of the approved development application or site plan and prior approval.

(5) A minor revision may be approved subject to the following:

(a) An application for a minor revision shall be submitted on forms approved by the department. An application for a minor revision shall not be accepted if a variance is required to accomplish the change to the approved development.

(b) An application for a minor revision shall be accompanied by any fees specified in chapter 30.86 SCC.

(c) An application for a minor revision shall require notification of the relevant county departments and agencies.

(d) An application for a minor revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.

(e) The director shall grant approval of the request for a minor revision if it is determined that the minor revision does not substantially alter:

(i) The previous approval of the development application;

(ii) The final conditions of approval; or

(iii) The public health, safety and welfare.

(f) A minor revision shall be properly documented as a part of the records for the approved development application.

(g) A minor revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of:

(i) Preliminary approval for subdivisions or short subdivisions; or

(ii) Approval for all other development applications.

(6) The final determination of what constitutes a minor revision shall be made by the director.

(Added by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.70.220 Major revisions to approved residential development applications.

The purpose and intent of this section is to provide a process for major revisions to approved residential development applications. Residential development applications shall include short subdivisions, subdivisions, single family detached unit developments, cottage housing, townhomes and multiple family developments. For the purposes of this section, approved residential development applications shall include preliminary approval for subdivisions and short subdivisions and final approval prior to construction for all other residential development applications.

(1) The major revision process is applicable to any approved Type 1 and Type 2 residential development application where an applicant requests a major revision of the approved plans.

(2) A major revision to an approved residential development application is limited to the following when compared to the original development application, provided there is no change in the proposed type of development or use:

(a) Subdivisions, single family detached unit developments, cottage housing, townhomes and multiple family developments shall be limited to the lesser of:

(i) A 20 percent increase in the number of lots or units; or

(ii) An additional 20 lots or units.

(b) A change in access points, when combined with subsection (2)(a) of this section.

(c) A change to the project boundaries required to address surveying errors or other issues with the boundaries of the approved development application, provided that the number of lots or units cannot be increased above the number that could be approved as a minor revision to the original approved development application on the original project site before any boundary changes.

(d) A change to the internal lot lines when combined with another criteria in subsection (2) of this section that does not increase lot or unit count beyond the amount allowed for a major revision.

(e) A change in the aggregate area of designated open space beyond that allowed as a minor revision, provided that the decrease will not result in an amount that is less than that required by code.

(f) A change not addressed by the criteria in subsections (2)(a) through (e) of this section which does not substantially alter the character of the approved development application or site plan and prior approval.

(3) A major revision shall require processing through the same process as a new development application subject to the following:

(a) An application for a major revision shall be submitted on forms approved by the department. An application for a major revision shall not be accepted if a variance is required to accomplish the change to the approved development.

(b) An application for a major revision shall be accompanied by any fees specified in chapter 30.86 SCC.

(c) An application for a major revision shall require public notice pursuant to SCC 30.70.045 and 30.70.050.

(d) An application for a major revision shall be subject to the development regulations in effect as of the date the original development application was determined to be complete.

(e) The director (for Type 1 decisions) or the hearing examiner (for Type 2 decisions) shall grant approval of the major revision if it is determined that the major revision does not substantially alter:

(i) The previous approval of the development application;

(ii) The final conditions of approval; or

(iii) The public health, safety and welfare.

(f) A major revision shall be properly documented as a part of the records for the approved development application.

(g) A major revision does not extend the life or term of the development application approval and concurrency determination, which shall run from the original date of:

(i) Preliminary approval for subdivisions or short subdivisions; or

(ii) Approval for all other residential development applications.

(4) The final determination of what constitutes a major revision shall be made by the director.

(Added by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.70.230 Revisions not defined as minor or major.

Any proposed revision to an approved development application that does not meet the criteria in SCC 30.70.210 or 30.70.220 shall require a new development application and a new completeness determination. The new application shall conform to the development regulations which are in effect at the time the new development application is determined complete.

(Added by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.70.300 Vesting of applications.

The purpose of this section is to implement local vesting regulations that are best suited to the needs of the county and consistent with state law. This section is intended to provide property owners, permit applicants, and the general public assurance that the regulations for project development will remain consistent during the life of an application.

(1) Except for rezones, an application for a permit or approval type set forth in SCC Table 30.70.140(1) shall be considered under the development regulations in effect on the date a complete application is filed, pursuant to SCC 30.70.040. Provided, that projects under the authority of the director of the department of public works or the county engineer pursuant to SCC 30.63B.100 shall vest as of the date the county engineer approves a design report or memorandum for the project.

(2) Building permit or land disturbing activity permit applications that are subsequent and related to the development identified in an application listed in SCC 30.70.300(2)(a)-(n), shall vest to the development regulations in effect at the time a complete application listed in SCC 30.70.300(2)(a)-(n) is filed pursuant to SCC 30.70.040.

(a) Administrative conditional use permit;

(b) Administrative site plan (pursuant to chapter 30.23A SCC);

(c) Binding site plan;

(d) Conditional use permit;

(e) Official site plan and site plan (pursuant to chapters 30.31A and 31.31B SCC);

(f) Planned residential development;

(g) Shoreline conditional use permit;

(h) Shoreline substantial development permit;

(i) Single family detached units;

(j) Special use permits (pursuant to chapter 30.42F SCC);

(k) Short subdivision;

(l) Subdivision;

(m) Urban center development;

(n) Cottage housing (pursuant to chapter 30.41G SCC).

However, a complete application for any subsequent application must be submitted prior to the expiration date of the permit(s) or approval(s) applied for in the application types listed in this subsection.

(3) For the purpose of this section, "development regulation" means those provisions of Title 30 SCC that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use. For the purpose of this section, "development regulation" does not include fees listed in Title 30 SCC or procedural regulations.

(4) A complete building permit application shall always be subject to that version of subtitle 30.5 SCC in effect at the time the building permit application is submitted.

(5) Notwithstanding any other provision in this section, any application dependent on approval of a rezone application shall not vest until the underlying rezone is approved.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017)