Division 8. Project Permit and Legislative Procedures
Chapter 21.80
PROJECT PERMIT REVIEW PROCEDURES
Sections:
21.80.030 Determining decision type.
21.80.040 Optional consolidated review process.
21.80.050 Project permit review procedures.
21.80.060 Pre-application meetings.
21.80.070 Project permit application submission requirements.
21.80.100 Determination of completeness.
21.80.110 Notice of application.
21.80.130 Joint public hearing.
21.80.140 General method requirements for noticing.
21.80.160 Public and agency comments.
21.80.170 Consistency determination.
21.80.180 Report by City staff.
21.80.210 Processing timelines.
21.80.220 Project permit expirations and extensions.
21.80.230 Resubmission timelines.
21.80.010 Purpose.
Fundamental land use planning choices made in adopted Comprehensive Plans and development regulations shall serve as the foundation for project review. The purpose of this chapter is to establish procedures for processing and reviewing project permit applications. (Ord. 706 § 47 (Att. A), 2020)
21.80.020 Applicability.
(1) This chapter applies to all project permits stated in this chapter and project permits that reference this chapter, unless specified otherwise by law.
(2) State agencies shall comply with this chapter as set forth in RCW 36.70A.103, except as otherwise provided by law. (Ord. 706 § 47 (Att. A), 2020)
21.80.030 Determining decision type.
(1) Project permits are categorized as either a Type 1, Type 2 or Type 3 decision described as follows:
(a) Type 1 decisions are administrative or ministerial actions that do not require public notice or a pre-decision hearing and do not require SEPA review or SEPA review is previously completed;
(b) Type 2 decisions are administrative actions requiring public notice but do not require a pre-decision hearing;
(c) Type 3 decisions are quasi-judicial actions requiring public notice and a pre-decision hearing.
(2) The Director shall determine the proper decision type and review process consistent with this chapter for each project permit application.
(3) If there is a conflict in which decision type to apply, the resolution shall be in favor of the higher decision type with a Type 1 decision being the lowest and a Type 3 decision being the highest. (Ord. 706 § 47 (Att. A), 2020)
21.80.040 Optional consolidated review process.
(1) An application involving two or more project permits may combine the review procedures under a single consolidated review process using the highest decision type of the project permits involved. The applicant must specify whether to consolidate multiple project permit applications under a single review process or keep separate.
(2) When a consolidated review process is used, only one open-record hearing and no more than one closed-record appeal hearing is allowed.
(3) The Director may require an applicant to submit multiple project permit applications under a consolidated review process to comply with the one open-record hearing rule, unless the applicant waives in writing the one open-record hearing limit.
(4) If an open-record pre-decision hearing is held on a project permit prior to a decision being issued, a subsequent open-record appeal hearing is prohibited.
(5) If multiple project permits are processed separately, the highest type of decision must be final pursuant to WMC 21.80.190 before subsequent project permits can be issued. The Director may waive this requirement if a project permit is not dependent on the higher type of decision for its justification or implementation.
(6) If two or more decision authorities are designated under the highest type of decision to decide project permits under a consolidated review process, the Director shall designate which decision authority will decide the consolidated project permit applications. (Ord. 706 § 47 (Att. A), 2020)
21.80.050 Project permit review procedures.
The tables in this section establish for each project permit application: (1) the decision type for each project permit, (2) the person or entity having authority to decide the project permit, and (3) the required review procedures applicable to each project permit.
(1) Table 21.80.050(1) sets forth project permits that are categorized as a Type 1 decision with corresponding review procedures.
|
Project Permit |
Decision Authority |
Review Procedures |
|||
|---|---|---|---|---|---|
|
DOC |
NOA |
NOH |
NOD |
||
|
Code interpretation |
D |
Yes |
|
|
Yes |
|
Boundary line adjustment |
D |
Yes |
|
|
Yes |
|
Building/mechanical/plumbing permit |
BO |
Yes |
|
|
Yes |
|
Critical area determination/critical area alteration |
D |
Yes |
|
|
Yes |
|
Construction mitigation plan |
D |
Yes |
|
|
Yes |
|
Design review type 1 |
D |
Yes |
|
|
Yes |
|
Fire permits |
BO |
Yes |
|
|
Yes |
|
Flood improvement permit |
D |
Yes |
|
|
Yes |
|
Home business/home industry permit |
D |
Yes |
|
|
Yes |
|
Right-of-way permit |
PW |
Yes |
|
|
Yes |
|
Right-of-way use permit |
PW |
Yes |
|
|
Yes |
|
SEPA exemption letter |
D |
Yes |
|
|
Yes |
|
SEPA threshold determination per WAC 197-11-340(1) |
D |
Yes |
|
|
Yes |
|
Shoreline permit revision – all |
D |
Yes |
|
|
Yes |
|
Shoreline substantial development permit exemption |
D |
Yes |
|
|
Yes |
|
Sign permit |
D |
Yes |
|
|
Yes |
|
Signage master plan – no departures |
D |
Yes |
|
|
Yes |
|
Site development permit |
PW |
Yes |
|
|
Yes |
|
Site plan review type 1 |
D |
Yes |
|
|
Yes |
|
Short subdivision – Final |
D |
Yes |
|
|
Yes |
|
Subdivision – Final |
D |
Yes |
|
|
Yes |
|
Temporary use permit |
D |
Yes |
|
|
Yes |
|
Transportation infrastructure deviations |
PW |
Yes |
|
|
Yes |
|
Tree removal permit |
D |
Yes |
|
|
Yes |
|
Public tree exception permit |
D |
Yes |
|
|
Yes |
|
Notes on decision authority: “D” denotes the Director, or their designee, has authority to decide the project permit. “BO” denotes the Building Official, or their designee, has authority to decide the project permit. “PW” denotes the Public Works Director, or their designee, has authority to decide the project permit. |
|||||
|
Notes on review procedures: When the corresponding box is marked “Yes”: “DOC” means a determination of completeness is required pursuant to WMC 21.80.100. “NOA” means a notice of application is required pursuant to WMC 21.80.110. “NOH” means a notice of hearing is required pursuant to WMC 21.80.120. “NOD” means a notice of decision is required pursuant to WMC 21.80.200. |
|||||
(2) Table 21.80.050(2) sets forth project permits that are categorized as a Type 2 decision with the corresponding review procedures.
|
Project Permit |
Decision Authority |
Review Procedures |
|||
|---|---|---|---|---|---|
|
DOC |
NOA |
NOH |
NOD |
||
|
Administrative conditional use permit |
D |
Yes |
Yes |
|
Yes |
|
Binding site plan |
D |
Yes |
Yes |
|
Yes |
|
Design review type 2 |
D |
Yes |
Yes |
|
Yes |
|
Type 1 decision with SEPA threshold determination, excluding WAC 197-11-340(1) |
See Table 21.80.050(1) |
Yes |
Yes |
|
Yes |
|
SEPA threshold determination excluding WAC 197-11-340(1) |
D |
Yes |
Yes |
|
Yes |
|
Shoreline substantial development permit |
D |
Yes |
Yes |
|
Yes |
|
Site plan review type 2 |
D |
Yes |
Yes |
|
Yes |
|
Preliminary short subdivision |
D |
Yes |
Yes |
|
Yes |
|
Wireless services facilities |
D |
Yes |
Yes |
|
Yes |
|
Notes on decision authority: “d” denotes the Director, or their designee, has authority to decide the project permit. “BO” denotes the Building Official, or their designee, has authority to decide the project permit. “PW” denotes the Public Works Director, or their designee, has authority to decide the project permit. “HE” denotes the Hearing Examiner has authority to decide the project permit. |
|||||
|
Notes on review procedures: When the corresponding box is marked “Yes”: “DOC” means a determination of completeness is required pursuant to WMC 21.80.100. “NOA” means a notice of application is required pursuant to WMC 21.80.110. “NOH” means a notice of hearing is required pursuant to WMC 21.80.120. “NOD” means a notice of decision is required pursuant to WMC 21.80.200. |
|||||
(3) Table 21.80.050(3) sets forth project permits that are categorized as a Type 3 decision with corresponding review procedures.
|
Project Permit |
Decision Authority |
Review Procedures |
|||
|---|---|---|---|---|---|
|
DOC |
NOA |
NOH |
NOD |
||
|
Nonadministrative conditional use Permit |
HE |
Yes |
Yes |
Yes |
Yes |
|
Flood variance |
HE |
Yes |
Yes |
Yes |
Yes |
|
Reasonable use permit/Public entity critical area exception |
HE |
Yes |
Yes |
Yes |
Yes |
|
Shoreline conditional use permit |
HE1 |
Yes |
Yes |
Yes |
Yes |
|
Shoreline variance |
HE1 |
Yes |
Yes |
Yes |
Yes |
|
Signage master plan with departure |
PC |
Yes |
No |
Yes |
Yes |
|
Site-specific rezone |
HE/CC |
Yes |
Yes |
Yes |
Yes |
|
Special use permit |
HE |
Yes |
Yes |
Yes |
Yes |
|
Preliminary subdivision |
HE |
Yes |
Yes |
Yes |
Yes |
|
Subdivision alteration |
HE/CC |
Yes |
Yes |
Yes |
Yes |
|
Subdivision vacation |
CC |
Yes |
Yes |
Yes |
Yes |
|
Variance |
HE |
Yes |
Yes |
Yes |
Yes |
|
Notes on decision authority: “D” denotes the Director, or their designee, has authority to decide the project permit. “BO” denotes the Building Official, or their designee, has authority to decide the project permit. “PW” denotes the Public Works Director, or their designee, has authority to decide the project permit. “PC” denotes the Planning Commission has authority to decide the project permit. “HE” denotes the Hearing Examiner has authority to decide the project permit. “HE1” denotes Hearing Examiner decides for the City and, if approved, the approval is transmitted to Washington State Department of Ecology for a final decision pursuant to WAC 173-27-200. “HE/CC” denotes the Hearing Examiner holds the open record hearing and transmits a recommendation to the City Council who decides the project permit at a closed-record meeting. “CC” denotes the City Council has authority to decide the project permit. |
|||||
|
Notes on review procedures: When the corresponding box is marked “Yes”: “DOC” means a determination of completeness is required pursuant to WMC 21.80.100. “NOA” means a notice of application is required pursuant to WMC 21.80.110. “NOH” means a notice of hearing is required pursuant to WMC 21.80.120. “NOD” means a notice of decision is required pursuant to WMC 21.80.200. |
|||||
(Ord. 720 § 25, 2021; Ord. 706 § 47 (Att. A), 2020)
21.80.060 Pre-application meetings.
(1) The purpose of a pre-application meeting is to acquaint an applicant with the review procedures of the City and to discuss issues involving an application or a project.
(2) A pre-application meeting may be initiated at the applicant’s request, except the Director may require a pre-application meeting when a proposal is determined to necessitate such a meeting due to its size or complexity.
(3) Pre-application meetings may be held at any time before a proposal’s project permit application is submitted.
(4) A completed form and related information in sufficient number of copies as determined by City staff are required to apply for a pre-application meeting. The applicant should at a minimum provide a conceptual site plan and information on the types of uses being proposed for the property.
(5) A pre-application meeting is not an exhaustive review of all potential issues and the discussion shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent information may prevent the City from identifying issues or providing the most effective pre-application meeting. (Ord. 706 § 47 (Att. A), 2020)
21.80.070 Project permit application submission requirements.
A project permit application shall be on forms, number of forms, and in a manner determined by the Director consistent with this section.
(1) The Director shall establish, and may revise as necessary, forms and written checklists that specify the submission requirements for each type of project permit application to be complete and accepted for processing.
(2) When establishing application submission requirements for each application type, the need for the following should be considered:
(a) A completed application form;
(b) A legal description of the property, property address or a location description from the nearest public right-of-way intersection if an address is not available, and the associated tax parcel number;
(c) Owner authorization form identifying the individual representing the property owner’s interest in the project permit;
(d) A vicinity map showing the location of the property including surrounding streets, private access easements, shorelines and other reference points;
(e) A project narrative describing the proposal;
(f) A site plan drawn to scale showing:
(i) Property dimensions;
(ii) Topography at two-foot elevation contours;
(iii) Location and dimensions of all existing and proposed physical improvements;
(iv) Location of significant trees on the site;
(v) Off-street parking areas and access drives;
(vi) Significant natural features, such as slopes, shorelines and critical areas;
(g) Other plans, such as building elevation drawings, landscaping plans, or sign plans, which are determined necessary to support the application;
(h) Sewer, water and utility plans;
(i) When required, mailing labels containing the names and addresses of all owners/residents of record within the notification radius prescribed by this title;
(j) A completed SEPA checklist;
(k) As required, studies and reports including but not limited to:
(i) Drainage report;
(ii) Critical area report;
(iii) Arborist report;
(iv) Geotechnical studies;
(v) Hydrologic studies;
(vi) Lighting plans;
(vii) Noise studies;
(viii) Air quality studies; and
(ix) Transportation impact analysis;
(l) Other information as required by the City or required elsewhere in the Woodinville Municipal Code to support a decision on the application;
(m) Application fee; and
(n) The requirement for plans and reports to be submitted electronically.
(3) The Director may waive on a case-by-case basis specific submittal requirements determined to be unnecessary for reviewing an application. Alternatively, the Director may require additional materials such as maps, studies, or models when the Director determines such information is necessary to adequately assess the proposal and its impacts. (Ord. 706 § 47 (Att. A), 2020)
21.80.080 Vesting rights.
(1) The development regulations in effect on the date a project permit application obtains vested rights as specified by this section shall be the standard of review for a project permit application.
(2) How Vested Rights Are Obtained.
(a) A valid and fully complete building permit application for a structure that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building, zoning and other land use control ordinances in effect on the date of the application. The vesting rights associated with a building permit do not apply to subsequently required or related permits, except as required by law.
(b) A valid and fully complete application for a preliminary subdivision or short subdivision shall be considered under the zoning and other land use control ordinances in effect on the date of the application, or, if the application is initially deemed incomplete, the date on which all required materials have been submitted pursuant to WMC 21.80.100.
(c) A development agreement approved by the City Council may include development standards that govern a project during the terms of the agreement.
(d) Vesting rights for other development types not specified by subsection (2)(a), (b) or (c) of this section shall occur on the date a building permit or a site development permit is issued by the City. The vesting rights associated with the issuance of a building permit or site development permit do not apply to subsequently required or related permits, except as required by law.
(3) The vesting rights provided for in subsection (2) of this section extend only to local land use control ordinances and do not extend to environmental regulations mandated by state or federal law.
(4) Supplemental information required after vesting rights are acquired pursuant to subsection (2) of this section shall not affect the validity of the vesting rights for such an application, except a major modification, either voluntarily or to conform to applicable standards, that substantially increases the development’s impact to nearby properties and/or public streets as determined by the Director shall be considered a new application for the purpose of vesting rights.
(5) Vesting rights are not selectively waivable. An applicant may voluntarily waive their vesting rights provided they agree in writing that the project will comply with all development regulations in effect on a different date certain agreed to between the applicant and the Director.
(6) The vesting rights granted under this section are limited to both divide the property and develop the property in a manner disclosed in the application on the submission date of the application. (Ord. 706 § 47 (Att. A), 2020)
21.80.100 Determination of completeness.
When the tables set forth in WMC 21.80.050 require a determination of completeness, the following apply:
(1) Within 28 days of accepting the project permit application, City staff shall provide a written notice to the applicant that states:
(a) The application is complete; or
(b) The application is incomplete and what is necessary to make the application complete.
(2) To the extent known, the notice of complete application shall identify other agencies of local, State or Federal governments that may have jurisdiction over some aspect of the application.
(3) Failure to provide the written notice within 28 days shall automatically designate the application as complete.
(4) A project permit application is determined complete when it meets the submittal requirement established in WMC 21.80.070 and is accepted by the City as sufficient for continued processing even though additional information may be required. A notice of complete application shall not preclude the City from requesting additional information or studies as a condition to continue review of a project permit application.
(5) When a notice of incomplete application is issued:
(a) The applicant has 90 days from the date of the written determination to submit to the City the necessary information requested in the written notice; and
(b) If the applicant fails to submit all of the information requested in the written notice, the project permit application shall expire after the 90 days; except the Director may grant one time extension not to exceed 90 days to submit the requested information, if the applicant makes such a request in writing prior to the expiration of the 90 days; and
(c) The Director may grant additional time beyond that prescribed in subsection (5)(b) of this section to submit the requested information if the applicant provides evidence and the Director agrees there are unexpected circumstances to warrant such an extension.
(6) When the applicant submits the requested information, the City shall provide within 14 days of receipt of the information a written notice to the applicant as to whether the application is complete or if additional information is required. Failure to notify the applicant within the 14 days will automatically designate the application as complete. (Ord. 706 § 47 (Att. A), 2020)
21.80.110 Notice of application.
When the tables set forth in WMC 21.80.050 require a notice of application, the following apply:
(1) The City will provide a notice of application within 14 days after the determination of completeness is issued.
(2) The content of the notice of application shall include the following information:
(a) The file number assigned to the project permit;
(b) The date the application was received, the date of the determination of completeness, and the date of the notice of application;
(c) A description of the proposal;
(d) A list of project permits included with the application, and to the extent known, a list of the project permits not included in the application;
(e) Identification of existing environmental documents that evaluate the proposal;
(f) The location where the application and any studies can be reviewed;
(g) A statement of the public comment period, which shall not be less than 14 days or more than 30 days;
(h) The date, time, place, and type of hearing, if applicable and scheduled at the date of the notice of the application;
(i) A statement of the rights of any person to comment on the application, receive notice of and participate in any pre-decision hearings, request a copy of the decision once made and any appeal rights;
(j) A site plan, if applicable;
(k) A statement of the preliminary determination of consistency pursuant to WMC 21.80.170, if one has been made at the time of notice, of those development regulations that will be used for project mitigation; and
(l) Any other information determined appropriate by the City staff.
(3) The notice of application shall be posted and mailed in accordance with WMC 21.80.140(1) and (2). Additionally, the notice of application shall be published in accordance with WMC 21.80.140(3) when the notice of application is combined with a SEPA threshold determination and/or notice of hearing. (Ord. 706 § 47 (Att. A), 2020)
21.80.120 Notice of hearing.
When the tables set forth in WMC 21.80.050 require a notice of hearing, the following apply:
(1) A notice of hearing is required for all pre-decision hearings and shall comply with the following:
(a) The City will provide the notice of hearing at least 15 days before the hearing date; and
(b) In setting the hearing date, the City will consider the time necessary for comment and appeal periods on any related SEPA threshold determination, and for the City to conduct the hearing and issue a decision within the 120-day time prescribed in WMC 21.80.210.
(2) The content of the notice of hearing shall include the following:
(a) Project description, list of project permits in the application, assigned City file number, and the City contact person;
(b) The date, time, and place for the hearing;
(c) The right of any person to participate in the hearings and request a copy of the decision;
(d) If applicable, the SEPA threshold determination and the deadline (date, time and place) for submitting a SEPA appeal, including a statement that any timely SEPA appeal shall be heard at the scheduled pre-decision hearing; and
(e) Any other information determined appropriate by the City staff.
(3) The notice of hearing shall be posted, mailed, and published in accordance with the general notice requirements in WMC 21.80.140.
(4) Continuation of a hearing does not require additional notice. (Ord. 706 § 47 (Att. A), 2020)
21.80.130 Joint public hearing.
(1) When requested by the applicant, the City may allow a pre-decision hearing to be combined with any other hearing that may be held by another local, State, regional, Federal, or other agency for the same project; provided, that:
(a) The hearing is held within the geographic boundary of the City;
(b) The hearing is held within 120 days as specified in WMC 21.80.210 unless the time is waived by the applicant;
(c) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements; and
(d) Each agency participating in the hearing has received the necessary information from the applicant about the proposed project to hold the combined hearing.
(2) In all cases, appeals and hearings shall be combined in a manner which retains applicable City procedures. The City may combine its notice requirements with other agencies’ notices, and the decision authority shall have the discretion to decide the procedures for conducting the hearing when there are conflicting procedures. (Ord. 706 § 47 (Att. A), 2020)
21.80.140 General method requirements for noticing.
The notice requirements of this chapter are intended to meet or exceed those required by state law. Notices shall at a minimum comply with the following:
(1) When posting a notice is required:
(a) The notice shall be posted on signs located on each public right-of-way adjoining the property and clearly visible from the public street or a public area;
(b) When the property does not adjoin an open public right-of-way or public street, the notice sign should be located within a public right-of-way within 10 feet of where a private lane, shared driveway, or unopened public right-of-way connects and shall clearly be visible from a public street or public area;
(c) The Director may require additional signs to be posted on the property in locations visible to adjoining property owners, if the Director determines posting one notice sign is not reasonably adequate;
(d) Removal of the notice prior to the end of the comment period by the applicant may be cause for discontinuance of the review process until such time the sign is replaced and remains in place for the specified time;
(e) The Director shall determine the specifications to the construction and installation of the signs used to post notices;
(f) An affidavit or declaration of posting containing the date, location, and the signature of the person responsible for the posting shall be provided and serve as proof the notice was posted; and
(g) The City, at its option, may be responsible or may direct the applicant to be responsible for posting signs and notices.
(2) When mailing a notice is required:
(a) Written notice shall at a minimum be sent by first class postage to the following:
(i) The applicant and/or the property owner;
(ii) Any State, Federal or local agencies with jurisdiction related to the project;
(iii) Any person who writes to the City requesting such notice;
(iv) The Washington State Department of Transportation when a proposed subdivision or short subdivision is located adjacent to a state highway right-of-way;
(b) Notice shall be mailed to the addresses of owners of property located and, to the extent possible, those residents and tenants living within a distance of 500 feet of the site, provided such distance shall be extended as necessary to include at least 20 different property owners, tenants and residents. Distance shall be measured from the outer property lines of all portions of the subject property including any contiguous property owned, controlled or under the option of purchase by the same property owner and/or applicant;
(c) The address of the property owner and/or taxpayer of record on file with King County Assessor shall serve as the official record where notice shall be mailed;
(d) Any mailed notice required by this chapter shall be adequate when a good-faith effort has been made to identify and mail notice to the address of property owners or taxpayers of record on file with the King County Assessor.
(e) Notice mailed to persons at their known address shall be judged to have been received by those persons if those persons and their addresses are named in an affidavit or declaration of mailing. Failure of any person or owner of property to actually receive the notice shall not invalidate any permit or approval.
(3) When publishing a notice is required:
(a) Published notice shall be in the official City newspaper or a newspaper of general circulation within the City boundaries; and
(b) The content of the published notice shall include the following:
(i) Project location;
(ii) Project description;
(iii) Type of permits required;
(iv) Comment period and dates;
(v) Location where the complete application may be viewed.
(4) The provisions of this section shall not limit the City’s ability to provide additional public notice by other means of communication (e.g., City website and City notice boards). (Ord. 706 § 47 (Att. A), 2020)
21.80.150 Combining notices.
The City will combine notices, including SEPA notices, whenever possible, provided the requirements of each individual notice are met by the combined notice. Examples of combined notice include, but are not limited to the following:
(1) Notice of application, SEPA threshold determination and SEPA appeal notice;
(2) Notice of application and optional DNS process;
(3) Notice of application and notice of hearing;
(4) Notice of application, notice of hearing, SEPA threshold determination and SEPA appeal notice. (Ord. 706 § 47 (Att. A), 2020)
21.80.160 Public and agency comments.
(1) Public and agency comments shall be specific to the project permit at issue. If no written comments are received by the date specified in the notice, or if no comments are received by the closing of the record of a pre-decision hearing, the person or agency is presumed to have no comments on the matter.
(2) The City may accept public and agency comments at any time prior to the closing of the record of pre-decision hearing or, if there is no pre-decision hearing, prior to the decision on the project permit. (Ord. 706 § 47 (Att. A), 2020)
21.80.170 Consistency determination.
(1) A proposed project shall be reviewed for consistency with applicable development regulations, or in the absence of development regulations, the appropriate elements of the Woodinville Comprehensive Plan. Consideration shall be given to the following:
(a) The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied;
(b) The level of development, such as density;
(c) The availability and adequacy of infrastructure pursuant to Chapter 21.90 WMC; and
(d) The characteristics of the development such as development standards;
(2) Nothing in this section requires documentation or limits the City from asking more specific or related questions with respect to any of the items in subsection (1) of this section;
(3) Project permit review shall not reexamine or hear appeals to development regulations or the Comprehensive Plan, except for issues relating to code interpretations. Nothing in this section limits the authority of the City to approve, condition, or deny projects as provided in the development regulations and the policies adopted under SEPA. (Ord. 706 § 47 (Att. A), 2020)
21.80.180 Report by City staff.
When a project permit application requires a pre-decision hearing, the following apply:
(1) Following the expiration of the comment period on the notice of application, the City will coordinate and assemble the reviews and written comments of persons and local, state and federal agencies that have commented on the proposal.
(2) The City will prepare a report evaluating whether the project permit application satisfies applicable decision criteria. The report may include recommended conditions, if appropriate, and may include a recommendation on the action to be taken on the application.
(3) At least seven days before the pre-decision hearing, the report will be made available to the applicant and the public, and a copy transmitted with relevant exhibits to the hearing body that decides the matter. (Ord. 706 § 47 (Att. A), 2020)
21.80.190 Decisions.
(1) The decision authority prescribed in the tables in WMC 21.80.050 for the corresponding project permit shall decide the project permit consistent with the following:
(a) For Type 1 and Type 2 decisions, the decision authority shall approve, approve with conditions, or deny a project permit application based on the appropriate decision criteria;
(b) For Type 3 decisions, the decision authority shall approve, approve in part, approve with conditions, deny, deny in part, or deny with conditions based on the appropriate decision criteria;
(c) All decisions shall be issued within the timeline prescribed in WMC 21.80.210. A decision by a hearing body shall be issued within 10 business days after the conclusion of a pre-decision hearing, unless a longer time is mutually agreed to between the applicant and the hearing body;
(d) Notice of decision is provided pursuant to WMC 21.80.200.
(2) A decision issued under this section shall be given the effect of a final decision. However, further action is not authorized until:
(a) Expiration of the time to file an administrative appeal; or
(b) If an appeal is filed, the decision on the administrative appeal is final; or
(c) The rights to an administrative appeal are waived. The Director may waive an administrative appeal if the following are all satisfied:
(i) The decision is a Type 1 or Type 2 decision, excluding appeals relating to the Woodinville Shoreline Master Program; and
(ii) Parties having legal standing to file an administrative appeal are only the applicant, property owner, and City; and
(iii) A written request to waive the administrative appeal is signed by the applicant and property owner and submitted to the Director; and
(iv) The decision is fully compliant with the Woodinville Municipal Code.
(3) Type 2 and Type 3 decisions shall include written findings based upon the record and conclusions which support the decision, and which demonstrate compliance with applicable decision criteria. Some Type 1 decisions may include written findings and conclusions as determined by the Director. (Ord. 706 § 47 (Att. A), 2020)
21.80.200 Notice of decision.
(1) A notice of decision is issued at the conclusion of the project permit review.
(2) The notice of decision may be a copy of the report or decision on the project permit application, or it may be a separate written notice.
(3) The City shall provide a notice of decision that includes the following:
(a) A statement of any SEPA threshold determination, if notice was not previously given;
(b) The administrative appeal process and time for filing an appeal, if any;
(c) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program or revaluation.
(4) Except as provided in subsection (5) of this section, the notice of decision shall be mailed by first class postage and/or provided by personal service to the following:
(a) The applicant;
(b) Parties of record;
(c) Any person submitting a written request to the City to receive the decision;
(d) King County Assessor’s office; and
(e) Any other party determined appropriate by the City.
(5) As an alternative, the notice of decision may be sent by email or other forms of communications, if the party receiving the notice of decision agrees, or has only provided email or other forms of contact information.
(6) If the notice of decision is to deny a project permit application, no new application for substantially the same proposal, as determined by the Director, can be submitted to the City within one year from the date of the denial; provided, that the Director may waive this prohibition if the City’s development regulations have changed so as to allow approval. (Ord. 706 § 47 (Att. A), 2020)
21.80.210 Processing timelines.
(1) A decision on a project permit application shall be issued within 120 days from the date the application is determined to be complete pursuant to WMC 21.80.100, except as follows:
(a) The City makes written findings that a specified amount of additional time is needed for processing the application; or
(b) A project permit or approval involves public facilities, utilities or related uses of public areas or facilities if the Director determines special circumstances warrant a longer process.
(2) If the City is unable to issue its final decision on a project permit application within the time limits provided for in this section, the City shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits were not met, and an estimated date for issuance of the notice of decision.
(3) In calculating the 120-day time period, the following days shall be excluded:
(a) Any time which the City asks the applicant to correct plans, perform required studies, or provide additional information and the applicant takes to provide the additional information;
(b) Any time where the City determines that submitted information is insufficient or incorrect and has requested the applicant provide the necessary information;
(c) Any time during which a code interpretation pursuant to WMC 21.10.080 is processed in conjunction with an underlying project permit application;
(d) Any time during which an environmental impact statement is being prepared;
(e) Any time for an administrative appeal to be completed;
(f) Any time a project permit application requires approval of an amendment to the Comprehensive Plan or development regulation in order to receive permit approval;
(g) Any time on a project permit application 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; and
(h) Any extension of time mutually agreed upon between the applicant and the City.
(4) All excluded times are calculated from the date the City notifies the applicant to when the information satisfies the City’s requirements.
(5) Failure to comply with the required time limits specified by this chapter shall not create a liability for damages. (Ord. 737 § 25, 2022; Ord. 706 § 47 (Att. A), 2020)
21.80.220 Project permit expirations and extensions.
(1) Unless specified otherwise by law, once a project permit decision to approve becomes final pursuant to WMC 21.80.190, the approval shall be active and valid for the time periods prescribed in Table 21.80.220 and this section.
|
Project Permit Type |
Time Limitation |
Time Extension |
|---|---|---|
|
All project permits not listed in this table |
24 months |
Up to 12 months |
|
Critical area determination |
60 months |
None |
|
Critical area alteration |
24 months |
Up to 12 months |
|
Conditional use permit (all) |
60 months |
None |
|
Shoreline substantial development permit |
60 months* |
Up to 12 months |
|
Shoreline conditional use permit/shoreline variance |
Subject to the time limits of the corresponding shoreline substantial development |
|
|
Preliminary short subdivision/binding site plan |
60 months |
Up to 12 months |
|
Final short subdivision/binding site plan (time to complete recording) |
3 months |
None |
|
Preliminary subdivision approved on or after January 1, 2015 |
60 months |
Up to 12 months |
|
Preliminary subdivision approved on or before December 31, 2014 |
84 months |
Up to 12 months |
|
Final subdivision (time to complete recording) |
3 months |
None |
|
Boundary line adjustment (time to complete recording) |
3 months |
None |
|
Building/mechanical/plumbing permits |
See Chapter 21.62 WMC |
|
|
Site development permit |
See WMC 21.82.110 |
|
|
Right-of-way permit |
12 months |
Up to 12 months |
|
Note: * Construction activity under a shoreline permit must commence within 24 months and the activity must be completed by 60 months. One 12-month extension for each of these deadlines may be granted pursuant to WAC 173-27-090. |
||
(2) Project permits are required to have construction permits issued, or have final approval for subdivisions, short subdivisions or binding site plans prior to the end of the time limitation set forth in Table 21.80.220. The Director may grant a single time extension as prescribed in Table 21.80.220 for circumstances the Director determines supports an extension.
(3) Project permits for land use approvals shall automatically extend upon the issuance of construction permits authorizing substantial construction of the project and shall remain active and valid for the duration construction permits associated with the project remain active and valid. (Ord. 706 § 47 (Att. A), 2020)
21.80.230 Resubmission timelines.
Excluding project permits issued pursuant to Chapter 21.62 WMC (Building Codes), any time the City asks the applicant to correct plans, perform required studies, or provide additional information to a complete application, the following shall apply:
(1) City staff shall provide the applicant a written notice of the necessary information requested;
(2) The applicant shall update and resubmit the necessary information within 90 days from the date of the written notice;
(3) The Director may grant an extension to the time period in subsection (2) of this section upon showing proper justification as determined by the Director and the applicant submits a written request for an extension prior to the time expiring; and
(4) Once the time and any extensions expire, processing of the application shall terminate, and the application shall be deemed to be void and withdrawn due to inactivity. (Ord. 749 § 1, 2022)