Chapter 18.04 PROCEDURES

The purpose of the development review procedures is to provide a predictable method to ensure that all land use actions are consistent with City codes, ordinances, state statutes and other applicable adopted regulations. (Ord. 2108 § 4.1.1, 1996).

18.04.020 Intent.

The intent of the application and review procedures is to:

A. Establish a process which allows a complete review of each proposal; provide sufficient information to make an informed decision; establish a consistent review process for all projects; and provide notification to adjacent property owners for projects which may impact them, and give those property owners the opportunity for review and public comment; and

B. Encourage development and/or redevelopment that recognizes the attributes of the property being developed; and incorporates these attributes into the design process; and

C. Recognize and protect, preserve and enhance the social, cultural, economic, environmental and aesthetic standards that establish the desirable quality and unique character of Issaquah; and

D. Enhance construction, development and maintenance practices which promote visual quality throughout Issaquah; and

E. Recognize environmental and aesthetic design and energy efficiency as integral parts of the planning process; and

F. Provide equitable and timely review of development proposals; and

G. Provide certainty of project review and Code implementation; and

H. Provide consistency with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan, and provide consistency with the purpose and intent of this Code, and RCW 36.70B.040 (Determination of Consistency). (Ord. 2108 § 4.1.2, 1996).

Procedures: Development Review Process – Levels of Review

18.04.030 Purpose.

The purpose of this section is to specify the general procedures to be followed when processing and reviewing applications for all land use actions. The intent of these procedures is to provide consistent and efficient review within the scheduled time frames set forth in this chapter. Additional procedures for particular types of development review are contained in specific sections of this chapter.

The development review process has been divided into seven (7) levels of review (Level 0-6) for the purpose of clarifying the procedures for the review and decision-making of land development proposals. All development proposals will be reviewed through one (1) or more of the levels prior to final decision-making. The optional consolidated permit review process provides a means by which a development proposal can satisfy the requirements of one (1) or more levels of review concurrently while maintaining consistency and streamlining the review process. (Ord. 2108 § 4.2.1, 1996).

18.04.040 Intent.

The intent of the levels of review is to provide appropriate degrees of review with appropriate decision-making bodies for various land use actions and permits. Generally the development proposals with the least potential for impacts are reviewed through a Level 0 Review and the decision is made administratively. The development proposals with the greatest potential for impacts are reviewed through a Level 6 Review and are decided by the City Council. (Ord. 2108 § 4.2.2, 1996).

18.04.050 Application requirements.

The purpose of a development proposal application is to provide a method to monitor and organize proposals for development review, to provide complete information to project reviewers and decision-makers, and to ensure that a predictable review process will occur within a reasonable or specified time frame. All applications for land use actions including permits, reclassifications/rezones, amendments, or other approvals or action required or authorized under this Code shall be filed with the Permit Center, unless otherwise required (Note: Some applications may require filing with other City departments such as the City Clerk’s office). The Permit Center will coordinate the review of each application with all appropriate City departments, boards and commissions and external agencies with regulatory authority over the proposal. The applications shall comply with the applicable elements of the development review process listed below. (Ord. 2108 § 4.2.3, 1996).

18.04.060 Single contact designated and signature required.

The City may require the applicant to designate a single person or entity to receive determinations and notices required by this chapter. All applications shall be signed by the property owner and/or applicant or his agent, who is authorized in writing to be the agent for the applicant/property owner, or, if the applicant is a department within the City, that Department Head or his/her appointee shall be the agent. (Ord. 2108 § 4.2.4, 1996).

18.04.070 Official filing of application.

No application shall be considered officially filed until determined as complete by the Permit Center. (Ord. 2108 § 4.2.5, 1996).

18.04.080 Fees.

The appropriate fees for all permits shall be charged to the applicant per the Fee Schedule. (Ord. 2108 § 4.2.6, 1996).

18.04.090 Concurrent Building Permit review option.

All development proposals, including the optional Consolidated Permit Review Process, are subject to Project Permit approval prior to Building Permit application unless otherwise allowed by the Building Official. (Ord. 2108 § 4.2.7, 1996).

18.04.100 Levels of Review Matrix.

A. The Levels of Review Matrix (Table 18.04.100-1) on the following pages lists the levels of review that are required for each land use and/or related decision.

B. The matrix is intended to provide predictability to project applicants in anticipating the required level of review; however, in order to ensure adequate review and appropriate public notification/participation, the Planning Director/Manager may forward the project to a higher level of review if the proposal is determined to merit increased review based upon the one (1) or more of the following criteria:

1. The proposal is in close proximity to and/or appears to present potential for significant impacts to a critical area or other prominent natural feature.

2. The proposal is in close proximity to and/or appears to present potential for significant impacts to any public/quasi-public facility, historic site, or residential area.

3. The proposal represents a significant, though permitted, change in comparison to surrounding properties either by introduction of a different type of land use or by being more than twice the height and/or square footage of surrounding structures.

4. The proposal appears to present characteristics not anticipated by the Comprehensive Plan and/or the Land Use Code.

5. Community concern is documented that: involves potential environmental, land use, or transportation impacts not anticipated by the Comprehensive Plan and/or Land Use Code, is received in a timely manner, and is determined to warrant additional review.

C. No additional fee is required from the applicant if a higher level review is determined to be necessary. (Ord. 2462 § 3, 2006; Ord. 2447 § 23, 2005; Ord. 2388 §§ 3, 10, 2004; Ord. 2383 § 5, 2004; Ord. 2345 § 2, 2002; Ord. 2301 § 5, 2001; Ord. 2164 §§ 2, 4, 13, 1997; Ord. 2108 § 4.2.8, 1996).

18.04.105 Statement of restrictions applicable to real property.

A. A property owner may make a request, upon a form provided by the Permit Center, for a statement of restrictions applicable to real property located in the City. The request shall be filed with the Permit Center.

B. Within thirty (30) days of the filing of a completed request form with the filing fee required by subsection (A) of this section, the Planning Director or his/her designee shall mail to the owner, at the address specified on the request form, a statement of restrictions as described in subsection (C) of this section.

C. The statement of restrictions shall include the following:

1. The zoning currently applicable to the real property;

2. Pending zoning changes currently advertised for public hearing that would be applicable to the real property; and

3. Any designations made by the City of the real property or a portion of the real property as agricultural land, forest land, mineral resource land, or a critical area, pursuant to Chapter 18.10 IMC.

D. For purposes of this section:

1. “Owner” means any vested owner or any person holding the buyer’s interest under a recorded real estate contract in which the seller is the vested owner; and

2. “Real property” means a parcel, tract, lot or block:

a. Containing a single family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or

b. Five (5) acres or less in size. (Ord. 2164 § 15, 1997).

Table 18.04.100-1: Levels of Review

Level of Review

Decision-Maker

1Permit Examples4

Level 0

Decision made by one person depending on the permit type including, but not limited to: Planning Director/Manager, Building Official, Public Works Director, or Designee

•	Level 0 Permits as listed in Table of Permitted Land Uses

•	Building Permit

•	Home Occupations

•	Minor Amendments to Approved Proposal (including ASDP) (including the CBD and adjacent CF zones) – Consistent w/design guidelines and Subarea Plans

•

Fences

•	Mechanical Permits

•	Minor Clearing, Grading, Filling Actions, Minor Paving and Tree Removal

•	Nonhabitable or Accessory Structures

•	Unclassified Use Interpretation

•	Nonconforming Situations

•	Signs (Refacing, Approved Sign Packages, Other Minor Signs)

•	Signs (new, remodel, or expansion of business)2

•	Business Licenses and Special Events Permits

•	Reasonable Accommodation

•	Conversion of Property from Forestry Practice

•	Others as determined by Planning Director/Manager

Level 1

Planning Director/Manager or Designee

•	Level 1 Administrative Site Development Permits (ASDP) < 3 acres and off major streets

•	Home Occupations

•	Accessory Dwelling Units

•	Painting and minor exterior construction in the CBD and adjacent CF zones – Not consistent w/design guidelines and Subarea Plans

•	Clearing, Grading or Filling Actions w/critical areas and buffers

•	Accessory and Temporary Uses

•	Shoreline Exemption Permits and Shoreline Revision Permits

•	Lot Line Adjustments

•	Others as determined by Planning Director/Manager

Level 2

Planning Director/Manager

•	Level 2 Administrative Site Development Permits (ASDP) < 3 acres and off major streets

•	Home Occupations

•	Nonconforming Situations

•	Minor Utility Facilities

•	Accessory and Temporary Uses

•	Administrative Adjustment of Standards (AAS)

•	Shoreline Substantial Development Permits, Shoreline Variances, Shoreline Conditional Use Permits

•	Short Subdivisions (Short Plats)

•	Minor Amendments to Master Site Plans and Project Rezones

•	Others as determined by Planning Director/Manager

Level 3

Development Commission

•	Level 3 Site Development Permits (SDP)

•	Level 1 and 2 Administrative Site Development Permits (ASDP) < 3 acres and/or on major streets

•	Major Amendments to approved Site Development Permits

•	Others as determined by Planning Director/Manager

Level 4

Hearing Examiner

•

Variances

•	Appeals to Level 0, 1, 2, and 3 Decisions

•	Preliminary Plats and Final Plats

•	Secure Community Transition Facilities

Level 5

City Council (with recommendation from Development Commission)

•	Master Site Plans

•	Major Amendments to Master Site Plans

•	Cluster Housing Development Agreements

•	Transfer of Development Rights Development Agreements

•	Major Amendments to Cluster Housing Development Agreements

•	Major Amendments to Transfer of Development Rights Agreements

Level 6

City Council (with recommendation from Planning Policy Commission)

•	Type A and Type B Rezones

•	Comprehensive Plan and Development Regulation Amendments

•	Annexations3

•	Urban Village Development Agreements and Urban Village Rezones are processed through the Type A or Type B rezone process

1 Permits for any development in a UV zone are processed through process described in the adopted development agreement for said UV zone in accordance with Ordinance No. 2103 as amended.

2 Decision made by Development Commission at public meeting.

3 Annexations require PPC review only when proposal does not meet the Comprehensive Plan Potential Annexation Area (PAA) vision.

4 Change of Use applications, see Table 18.04.100-3: Change of Use – Levels of Review.

Table 18.04.100-3: Change of Use – Levels of Review1*


Previous Use – Level of Review	Proposed Use – Level of Review from Table of Permitted Land Uses
Previous Use – Level of Review	Level 0	Level 1	Level 2	Level 3
Level 0	0	0	1	2
Level 1	0	0	0	2
Level 2	0	0	0	2
Level 3	0	0	0	2

Change of Use: The intent of the review process for a Change of Use is to: 1) recognize that there is typically a lesser impact in a Change of Use than in new construction; and 2) require a higher Level of Review, as permitted in IMC 18.04.220(F), Option for Review Level Changes, in the individual cases where this is not the case.

1 a) Community Facilities Zone: Changes of Use in the Community Facilities zones are reviewed as listed in IMC 18.06.130, Table of Permitted Land Uses, regardless of the previous use.

b) Changes of Use shall be processed through the Level of Review listed in this table, regardless of the parcel size or street frontage.

*Code reviser’s note: Ord. 2447 § 23 deletes Table 18.04.100-1 and renumbers Table 18.04.100-2 to be Table 18.04.100-1.

Table 18.04.100-4 Zoning Intensity Matrix to Determine Site Posting Requirement*

This table delineates Issaquah’s Zoning Districts in a spectrum of least intensive to most intensive. Posting of a site for purposes of notification will be required for proposed rezones to more intensive zoning districts, but is not required for proposed rezones to less intensive districts.

(For example: A rezone from SF-E Single Family Estates to SF-D Single Family Duplex would require posting whereas a rezone from R Retail to PO Professional Office would not.)

Intensity

Comprehensive Plan Land Use Designation

Related IMC zoning district(s)

Less Intensive Districts

Conservancy

•	TP-NRCA Tradition Plateau-Natural Resource Conservation Area

•	C-Rec – Conservancy Recreation

Community Facilities

•	CF-OS Community Facilities – Open Space

•	CF-R Community Facilities – Recreation

•	CF-F Community Facilities – Facilities

Low Density Residential

•	C-Res Conservancy Residential (1 du/5 acres)

Office/Low Density Residential or Low Density Residential

•	SF-E Single Family Estates (1.24 du/acre)

Low Density Residential

•	SF-S Single Family Suburban (4.5 du/acre)

•	SF-D Single Family Duplex (SF: 7.26 du/acre; Duplex: 14.52 du/acre)

•	SF-SL Single Family Small Lot (7.26 du/acre)

Multifamily Residential

•	MF-M Multifamily Medium (14.52 du/acre)

•	MUR Mixed Use Residential (14.52 du/acre)

•	MF-H Multifamily High (29 du/acre)

Office/Low Density Residential or Retail

•	PO Professional Office

Retail

•	CBD Cultural and Business District

•

R Retail

Commercial

•	IC Intensive Commercial

•	M Mineral Resources

More Intensive Districts

Low Density Residential/Urban Village

•	C-Res Conservancy Residential (1 du/5 acres)

•	SF-SL Single Family Small Lot (7.26 du/acre)

•

UV Urban Village: The UV designation recognizes that master planning of larger parcels provides the opportunity for mixed use development, clustering, phasing of infrastructure, and protection of critical areas. The UV designation is implemented by the adoption of an UV development agreement and UV zoning by City Council. An UV development agreement has been adopted for Issaquah Highlands and Talus.

(Ord. 2525 § 6, 2008; Ord. 2462 §§ 4, 5, 2006; Ord. 2388 § 4, 2004).

*Code reviser’s note: Ord. 2388, Section 4 added the Zoning Intensity Matrix to Determine Site Posting Requirement table as Table 18.04.100-3. The table has been editorially renumbered to prevent duplication of numbering.

Level 0, 1, 2, 3, 4, 5, 6 Review Process – Elements of Development Review Process*

*Note: Not all elements discussed below are applicable to each review level.

18.04.110 Exemptions from certain development review elements.

A. Landmark designations, street vacations, and other approvals relating to the use of public areas or facilities including but not limited to Street Use Permits, or other Project Permits, whether administrative or quasi-judicial that the City determines by ordinance or resolution has determined present special circumstances that warrant a review process different from that provided in RCW 36.70B.060 through 36.70B.090 (Required elements; Determination of Completeness; Development Regulation Requirements; Time Limits) and 36.70B.110 through 36.70B.130 (Notice of Application – Administrative Appeals; Permit Review Process; Notice of Decision) are exempt from the elements of the Development Review Process.

B. Lot line adjustments, Building and other Construction Permits or similar Level 0 or Level 1 permits that are categorically exempt under Chapter 43.21C RCW (SEPA) and Issaquah SEPA (Chapter 18.10 IMC) requirements, or permits/approvals for which environmental review has been completed in connection with other Project Permits, are exempt from RCW 36.70B.060 and 36.70B.110 through 36.70B.130 (see titles listed in subsection A of this section) including these elements of the Development Review Process:

1. Determination of complete application;

2. Notice of application;

3. Consolidated Permit Review Process;

4. Joint public hearings;

5. Single Staff Report and Recommendation stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing;

6. Notice of decision;

7. Completion of project review within applicable time periods (including a one hundred twenty (120) day time limit).

C. The actions listed below are not subject to the requirements of RCW 36.70B.060 through 36.70B.130 but are subject to the Level 6 Review process and other regulations that may apply: legislative rezones require full public hearing notice; legislative actions including Comprehensive Plan and Development Regulation amendments, and annexations do not require public hearing notice (notice to parties of record, adjacent property owners, posting of site) except for public hearing legal notice in the newspaper, subject to any other applicable local, regional, and state regulations.

D. Development applications in the Urban Village (UV) zone may be reviewed separately from this chapter. Permits in the UV zone follow a specific process as set forth in Ordinance No. 2103 as amended. (Ord. 2108 § 4.3.1, 1996).

18.04.120 Feasibility meeting.

A potential applicant may request to meet with a staff member (planner), informally, to discuss general aspects about a proposed project and gather information regarding zoning, critical area mapping and other pertinent rules and regulations which relate to the anticipated development proposal. All feasibility meetings are optional and initiated at the request of the potential applicant. (Ord. 2108 § 4.3.2, 1996).

18.04.130 Pre-application meeting.

Prior to submitting an application, the applicant shall schedule a conference with City staff representatives from all departments involved with development review. The pre-application meeting is optional for some levels of review and required for others (see Chapter 18.10 IMC, Appendix, Flow Charts for Levels of Review 0 – 6).

A. Purpose: The purpose of the pre-application meeting is for the applicant to become familiar with the policies, plans and development requirements of the City; for staff and the applicant to review the general characteristics of the site and the concepts for a proposed project; and to discuss the coordination of all necessary permits and procedures. The intent of the pre-application conference is to save the applicant time and resources in the preparation of the application.

B. Required Meetings: All projects requiring a Development Permit and located on land zoned Community Facilities shall be reviewed by affected City departments through a project review meeting.

C. Application: The request for the pre-application meeting shall be submitted to the Permit Center on an application form provided by the Permit Center. The information requested on the form must be completed and all information submitted prior to the Permit Center scheduling a meeting.

D. Meeting Scheduling: After the complete form for the pre-application meeting has been received by the Permit Center, a meeting will be scheduled at which the applicant and representatives of other pertinent City departments shall discuss the elements of the proposal.

E. Expectations: The applicant can expect the following results from the meeting:

1. The more information an applicant can provide for a pre-application meeting, the more complete the staff’s review and input will be for the proposal;

2. Any information or opinions expressed by the staff shall not be binding on the final decision or constitute approval or denial of the proposed project;

3. Inconsistency with the Comprehensive Plan, this Code and other applicable policies and regulations will be discussed;

4. Staff and applicant should discuss creative approaches to address challenging site constraints or potential mitigations;

5. Recommended revisions or modifications to the proposal will be discussed; and

6. The applicant should be aware that additional modifications will most likely be required before the project review is final and a decision has been made. (Ord. 2501 § 4, 2007; Ord. 2388 § 10, 2004; Ord. 2108 § 4.3.3, 1996).

18.04.140 Community Conference.

A. Purpose: The Community Conference is an informal public meeting hosted by the Development Commission. The purpose of the meeting is to generate discussion, raise issues, and propose creative options relative to the proposed project. It is intended to provide a means by which the applicant, staff, the Development Commission, and the public are able to work together in a productive and creative manner. However, options and issues raised may not be all inclusive and no guarantees on the project outcome are made at this stage.

B. Expectations: The applicant can expect the following results from the Community Conference:

1. The more information an applicant can provide for a Community Conference, the more complete the staff’s review and input will be for the proposal;

2. Any information or opinions expressed by the Development Commission or the staff shall not be binding on the final decision or constitute approval or denial of the proposed project;

3. Inconsistency with the Comprehensive Plan, this Code and other applicable policies and regulations will be discussed;

4. Development Commission, staff and applicant should discuss creative approaches to address challenging site constraints or potential mitigations;

5. Recommended revisions or modifications to the proposal will be discussed; and

6. The applicant should be aware that additional modifications will most likely be required before the project review is final and a decision has been made.

C. Process: The Community Conference shall be held in a place that is readily available to the public and large enough to accommodate the anticipated number of people who may be present at the meeting. Notice shall be provided as set forth under Public Notification. (Ord. 2108 § 4.3.4, 1996).

18.04.150 Complete application – Sufficiency review.

A. Purpose: The purpose of requiring a complete application and sufficiency review is to provide the Permit Center, staff, boards, commissions, and decision-making bodies with the appropriate level and degree of information regarding a proposed development in order to facilitate the review and decision-making. By requiring this step early in the process, the applicant is made aware of City requirements and the proposed application is reviewed and processed in a timely and efficient manner.

B. Process: Application for development proposals, including project certification, shall be made in writing to the Permit Center. The appropriate forms are provided by the Permit Center and all applications must be completed in full and must provide all the information required.

1. Written Determination: Within twenty-eight (28) days after receiving a Project Permit application, the City shall mail or provide in person a written determination to the applicant, stating either:

a. That the application is complete; or

b. That the application is incomplete and what is necessary to make the application complete. To the extent known by the City, the City shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.

2. Determination of Completeness Criteria: A Project Permit application is complete for purposes of this section when it meets the procedural submission requirements of the City and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.

a. An application shall be deemed complete under this section if the City does not provide a written determination to the applicant that the application is incomplete as provided in subsection (B)(1)(b) of this section.

b. Within fourteen (14) days after an applicant has submitted to the City additional information identified as being necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional information is necessary.

3. Optional Criteria: The determination of completeness may include the following as optional information:

a. A preliminary determination of those development regulations that will be used for project mitigation;

b. A preliminary determination of consistency, which may include consideration of the type of land use, the level of development, such as units per acre or other measures of density, infrastructure including public facilities and services needed to serve the development, and the character of the development, such as development standards;

c. Other information the City chooses to include.

4. Concurrency: When applicable, a determination of completeness shall include approved concurrency certificates for transportation consistent with Chapter 18.15 IMC, Transportation Concurrency Management, and for water consistent with Chapter 13.100 IMC, Water Supply Availability Management.

5. Nothing in this section requires documentation, dictates the City’s procedures for considering consistency, or limits the City from requesting additional information with respect to a complete application. (Ord. 2405 § 7, 2004; Ord. 2108 § 4.3.5, 1996).

18.04.160 Consolidated permit review process.

A. The applicant may request an integrated and consolidated review and decision of two (2) or more Project Permits relating to a proposed action, including:

1. A single application review and approval process covering all Project Permits requested by an applicant for all or part of a project action, and

2. A designated permit coordinator. If an applicant elects this process, the determination of completeness, notice of application and notice of final decision must include all Project Permits being reviewed in this process. Consolidated review may provide different procedures for different categories of Project Permits, but if a project action requires Project Permits from more than one (1) category, the City shall provide for consolidated permit review with a single open record hearing and no more than one (1) closed record appeal as provided in this chapter. The decision of all permits shall be made by the decision-maker of the highest level of review. The consolidated permit review may combine an open record predecision hearing on one (1) or more permits with an open record appeal hearing on other permits. In such cases a closed record appeal shall be subject to permits that previously had an open record hearing.

B. Joint Public Hearings: The City and all agencies of the State of Washington, including municipal corporations and counties participating in a combined hearing, may issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.

1. Decision to Hold Joint Hearing: The City may combine any hearing on a Project Permit with any hearing that may be held by another local, state, regional, federal, or other agency, provided:

a. The hearing is held within the City limits;

b. The other agency is not expressly prohibited by statute from doing so;

c. 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

d. The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the City hearing.

2. 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 required time periods set forth in this chapter, or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. (Ord. 2108 § 4.3.6, 1996).

18.04.170 Notice of application.

The City shall provide a written notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If the City has made a determination of significance under Chapter 43.21C RCW (SEPA) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of app