Chapter 19.01
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
19.01.010 Procedures for processing project permits.
19.01.020 Determination of proper type of procedure.
19.01.030 Project permit application framework.
19.01.040 Joint public hearings.
19.01.050 Legislative decisions.
19.01.060 Legislative enactments not restricted.
19.01.070 Exemptions from project permit application processing.
19.01.080 Administrative interpretations.
19.01.010 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, Type IV or Type V. Legislative decisions are Type VI actions, and are addressed in SMC 19.01.050. Exclusions from the requirements of project permit application processing are contained in SMC 19.01.070. [Ord. 1920 § 1, 1996.]
19.01.020 Determination of proper type of procedure.
A. Determination by Director. The City Manager or his/her designee (hereinafter referred to as “Director”) shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the Director shall resolve it in favor of the higher procedure type number.
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 processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type of procedure must be processed prior to the subsequent lower-numbered procedure.
C. Decision-Maker(s). Applications processed in accordance with subsection (B) of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision-maker(s). The City Council is the highest, followed by the Planning Commission, and then the Director. Joint public hearings with other agencies shall be processed according to SMC 19.01.040. [Ord. 1920 § 1, 1996.]
19.01.030 Project permit application framework.
Project permit application framework is as follows:
|
PROCEDURE PROJECT PERMIT APPLICATIONS (TYPE I – III) LEGISLATIVE |
||||||
|---|---|---|---|---|---|---|
|
|
TYPE I |
TYPE II |
TYPE III |
TYPE IV |
TYPE V |
TYPE VI |
|
Recommendation Made By: |
N/A |
N/A |
N/A |
N/A |
N/A |
Planning Commission |
|
Final Decision Made By: |
Admin. |
Admin. |
Planning Commission |
City Staff |
Hearing Examiner |
City Council |
|
Notice of Application |
No |
No |
Yes |
No |
Yes |
No |
|
Open Record Public Hearing: |
No |
Only if appealed open record hearing before City Council |
Yes, before Hearing Examiner to render final decision. |
No |
Yes, before Hearing Examiner. |
Yes, before Planning Commission to make recommendation to City Council. |
|
Closed Record Appeal/Final Decision: |
No |
No |
Only if appealed then before Council on ord. adoption |
|
Only if appealed before the Council |
Yes, or Council could hold its own hearing |
|
Judicial Appeal |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
|
TYPE I |
TYPE II |
TYPE III |
TYPE IV |
TYPE V |
TYPE VI |
|---|---|---|---|---|---|
|
Permitted Uses requiring site plan review |
Short Plat |
Preliminary plats, Plat vacations and alterations |
Final Plats |
Conditional Use Permits, Master Planned Development Overlay Zone, and Variances |
Comp. Plan Amendments |
|
Boundary Line Adjustments |
Sign Permits |
Major amendments to PRD and PUD
|
|
|
Development Regulations |
|
Minor Amendments to PUD/PRD |
Design Review |
|
|
|
Zoning Text Amendments |
|
Special Use Permits |
Land clearing/grading |
|
|
|
Annexations |
|
Temporary construction trailers |
Administrative Interpretation |
|
|
|
Zoning map amendments/PUD
|
|
|
|
|
|
|
|
[Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1920 § 1, 1996.]
19.01.040 Joint public hearings.
A. Director’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, as long as:
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 statute, ordinance, or rule; and
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 local government hearing. [Ord. 1920 § 1, 1996.]
19.01.050 Legislative decisions.
A. Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
1. Zoning code text and zoning district amendments;
2. Adoption of development regulations and amendments;
3. Area-wide rezones to implement new City policies;
4. Adoption of the comprehensive plan and any plan amendments; and
5. Annexations.
B. Planning Commission. The Planning Commission shall hold a public hearing and make recommendations to the City Council on the decisions listed in subsection (A) of this section. The public hearing shall be held in accordance with the requirements of Chapter 19.05 SMC.
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 SMC.
D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in SMC 19.03.030(B)(4).
E. Implementation. The City Council’s decision shall become effective by passage of an ordinance. [Ord. 1920 § 1, 1996.]
19.01.060 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, as part of an annual revision process, or to make changes to the City’s development regulations. [Ord. 1920 § 1, 1996.]
19.01.070 Exemptions from project permit application processing.
A. Whenever a permit or approval in the Sunnyside Municipal Code has been designated as a Type I, II, III, IV or V permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street vacations;
3. Street use permits.
B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and the SMC Title 18 (SEPA), or permits/approvals for which environmental review has been completed in connection with other project permits are excluded from the following procedures:
1. Determination of completeness (SMC 19.02.030(A));
2. Notice of application (SMC 19.02.040);
3. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (SMC 19.01.020(B));
4. Joint public hearings (SMC 19.01.040);
5. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing (SMC 19.05.020(C));
6. Notice of decision (SMC 19.05.080);
7. Completion of project review within any applicable time periods (including the 120-day permit processing time). (SMC 19.05.080, 19.05.090.) [Ord. 1920 § 1, 1996.]
19.01.080 Administrative interpretations.
A decision of the Director as to the meaning, application or intent of any development regulation, as it relates to a specific piece of property, may be requested by an applicant at any time prior to a final decision on a project permit application to which the regulation may be applied. The request shall be on a form provided by the Director and include identification of the regulation in question, a description of the property, and a clear statement of the issue or question to be decided. [Ord. 1920 § 1, 1996.]