Chapter 18B.03
CLASSIFICATION BY PROJECT PERMIT TYPE

Sections:

18B.03.010    Introduction.

18B.03.020    Exemptions from this title.

18B.03.030    Project permit procedures—Defined.

18B.03.040    Classification of project permit applications.

18B.03.050    Limitations on open record public hearings and closed record appeals.

18B.03.060    Master application process.

18B.03.070    Administrative interpretations.

18B.03.010 Introduction.

For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Exempt, Type I, Type II, Type III, or Type IV. Legislative decisions are addressed in Sections 18B.01.030 and 18B.01.040. Actions exempt from the requirements of project permit application processing are listed in Section 18B.03.020. (Ord. 3700 § 1 (Att. A), 2009)

18B.03.020 Exemptions from this title.

All Type I applications listed in Table 3-2, building permits or other construction permits, or other similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and Chapter 18.04), are excluded from the following procedures:

A. Determination of completeness (Sections 18B.04.030 through 18B.04.060);

B. Notice of application (Chapter 18B.05);

C. Master application processing (Section 18B.03.060);

D. Joint public hearings (Section 18B.08.070);

E. Single report (notice of decision) stating all the decisions and recommendations made as of the date of the report (Chapter 18B.07);

F. Completion of project review within applicable time periods including the one-hundred-twenty-day permit processing time (Chapter 18B.07). (Ord. 3700 § 1 (Att. A), 2009)

18B.03.030 Project permit procedures—Defined.

A. The administrative official shall determine the procedural classification (Type I through IV) for all development applications. If there is a question as to the appropriate procedure type, the administrative official shall resolve it in favor of the higher procedural classification.

1. Type I applications involve ministerial actions and are exempt from public notice requirements. Final determinations on the project permit shall be made by the administrative official without a prior public hearing. Final determinations on Type I projects can be appealed to the hearing examiner. The examiner’s decision shall constitute the final governmental action. Type I permits are often exempt from SEPA (State Environmental Policy Act) review.

2. Type II applications are administrative actions which may generate public interest. Public notice will be provided for Type II actions. The final determination will be made by the administrative official. The administrative official’s determination can be appealed to the hearing examiner. The examiner’s decision shall constitute the final governmental action.

3. Type III applications are quasi-judicial actions and require an open record hearing by the hearing examiner. The examiner’s written decision constitutes the final governmental action. Public notice will be provided on Type III actions.

4. Type IV applications are quasi-judicial actions which require an open record hearing before the hearing examiner. The written decision constitutes a recommendation to the city council. The city council shall conduct a closed record hearing to act on the recommendation. Public notice will be provided on Type IV actions. The council’s decision shall constitute the final government action.

5. Legislative actions such as amendments to the comprehensive plan or any of its implementing ordinances are also considered Type IV actions, but require an open record public hearing by the planning commission.

6. Final governmental decisions may be appealed to Washington State Superior Court pursuant to Section 18B.09.060.

B. Table 3-1 identifies the final decision maker, recommending body, hearing body, and appeal body for the four procedural types. Table 3-2 identifies the procedural classification for the various land use permits. Notice provisions for each procedural classification are contained in Table 5-1.

Table 3-1
Procedures for Type I, II, III, and IV Permit Applications 

Process Type	Public Notice	Recommending Body	Open Record Hearing Body	Decision Maker	Appeal Body
Type I	N/A	N/A	N/A	Administrative Official	Hearing Examiner* (Open Record Hearing)
Type II	Yes	N/A	N/A	Administrative Official	Hearing Examiner* (Open Record Hearing)
Type III	Yes	Administrative Official	Hearing Examiner	Hearing Examiner	Superior Court
Type IV	Yes	Hearing Examiner**	Hearing Examiner**	City Council (Closed Record Hearing)	Superior Court

Note:

*Appeal determinations by the hearing examiner on Type I and II applications may be further appealed to Washington State Superior Court.

**Proposed amendments to the comprehensive plan or any of its implementing ordinances are reviewed by the planning commission at an open record public hearing during their annual review cycle with recommendations submitted to city council. Use district reclassifications are also reviewed by the planning commission with recommendation to city council.

(Ord. 3700 § 1 (Att. A), 2009)

18B.03.040 Classification of project permit applications.

The following permits are subject to the decision making processes specified in Table 3-1 and Section 18B.03.030:

Table 3-2
Table of Procedural Classifications 

Title 16—City of Kelso Subdivision Code
Application	Process Type
Actions Exempt from Subdivision Code (Boundary line adjustments, financial segregations, etc.)	Type I
Commercial and Industrial Site Plan Developments	Type I
Short Plats	Type II
Preliminary Long Plats	Type IV
Final Long Plats	N/A*
Variances	Type III
Title 17—City of Kelso Planning and Zoning Code
Application	Process Type
Nonconforming Use Expansion	Type II
Minor Modification to a Planned Development	Type I
Major Modification to a Planned Development	Type III
Permitted Use Zoning Review and Modification of Type II or III Use	Type I
Administrative Uses and Adjustments	Type II**
Conditional Uses	Type III
Variances	Type III
Use District Reclassification	Type IV
Planned Unit Residential Development (PURD)	Type IV
Chapter 18.04—City of Kelso SEPA Ordinance
Application	Process Type
Environmental Review (SEPA Checklist)	Type II***
Chapter 18.08—City of Kelso Shoreline Master Program
Application	Process Type
Shoreline Substantial Dev. Permit	Type II
Shoreline Conditional Use Permit	Type III
Shoreline Variance	Type III
Chapter 18.20—City of Kelso Critical Areas Ordinance
Application	Process Type
Floodprone Development Permits	Type I
Floodprone Development Variances	Type II**
Critical Area Permits	Type II**

Notes:

*Final plat applications are subject to determination of completeness as required by Sections 18B.04.030 through 18B.04.060. However, once the application is deemed complete, i.e., all requirements of the preliminary plat resolution as signed by the city council have been met, the final plat is forwarded to the city council for signature at their next regular agenda meeting.

**May be referred by the administrative official to the hearing examiner for final decision, rendering them a Type III application.

***SEPA reviews, other than a DS, where the underlying permit is Type I and there is no notice of application or notice to adjoining property owners is required shall be processed as a Type I.

(Ord. 3700 § 1 (Att. A), 2009)

18B.03.050 Limitations on open record public hearings and closed record appeals.

Except for the appeal of a SEPA determination of significance, no more than one open record hearing and one closed record hearing may occur on a single project permit application or master application. (Ord. 3700 § 1 (Att. A), 2009)

18B.03.060 Master application process.

An application that involves two or more procedures shall 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 procedure must be processed prior to and separately from the subsequent lower numbered procedure. (Ord. 3700 § 1 (Att. A), 2009)

18B.03.070 Administrative interpretations.

Upon request, the administrative official shall issue a formal written interpretation of a development regulation. The request shall be on a form provided by the community development department and shall include identification of the regulation in question, a description of the property (if applicable), and a clear statement of the issue or question to be decided. Formal written interpretations shall be Type I actions, unless otherwise specified, and as such may be appealed to the hearing examiner (Table 3-1).

A. The administrative official or his/her designee shall interpret and apply the provisions of Title 16—Subdivisions, Title 17—Planning and Zoning, Chapter 18.04—Environmental Policy Act, and Chapter 18.20—Critical Areas. (Ord. 3700 § 1 (Att. A), 2009)