Chapter 19.02
PROJECT PERMIT APPLICATIONS
Sections:
19.02.010 Exemptions from permit processing.
19.02.020 Determination of proper procedure type.
19.02.030 Project permit application framework.
19.02.040 Permits issued pursuant to Chapter 90.58 RCW, Shoreline Management Act.
19.02.050 Administrative interpretation.
19.02.010 Exemptions from permit processing.
A. State Authority. Chapter 36.70B RCW allows local government to exclude certain project permits from procedure and time limit requirements.
B. The following approvals are specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street vacations under Chapter 35.79 RCW;
3. Street use permits;
4. Other approvals relating to the use of public areas;
5. Other project approvals, whether administrative or quasi-judicial, that the city council has determined by resolution present special circumstances that warrant a different review process.
C. Type I permits as identified in EWMC 19.02.030 are excluded from the following permit processing procedures:
1. Written determination of completeness (EWMC 19.03.030);
2. Notice of application (EWMC 19.03.040);
3. Optional consolidated project permit review processing (EWMC 19.02.020(B));
4. Joint public hearings (EWMC 19.04.010);
5. Single report stating all decisions and recommendations made as of the date of the report that do not require open record hearing;
6. Notice of decision (Chapter 19.05 EWMC). (Ord. 21-28 § 5 (Exh. A), 2021)
19.02.020 Determination of proper procedure type.
For the purpose of project permit processing, all development permit applications not exempted under EWMC 19.02.010 shall be classified as one of the following: Type I, Type II, Type IIIA/B, or Type IV.
A. The community development director or his/her designee, hereafter referred to as director, shall determine the proper procedure for all development applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure.
B. Consolidated Application Process.
1. When more than one application for a proposed development is required, the applicant may elect to have all applications submitted for review at one time.
2. Applications for a proposed development and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in accordance with state and local laws, regulations and ordinances.
3. When more than one application is submitted under consolidated review and the applications are subject to different types of review procedure, all of the applications for the proposed development shall be subject to the highest level of review which applies to any of the applications.
4. If an applicant elects a consolidated application process, the determination of completeness, the notice of application, and the notice of final decision must include all applications being reviewed. (Ord. 21-28 § 5 (Exh. A), 2021)
19.02.030 Project permit application framework.
|
Type I Limited Admin |
Type II Full Admin |
Type IIIA Quasi-Judicial |
Type IIIB Quasi-Judicial |
Type IV Legislative |
|---|---|---|---|---|
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Boundary line adjustment |
Binding site plan |
Critical areas reasonable use |
Site-specific zoning map amendment |
Comprehensive plan amendment |
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Building permits for residential structures (4 du or less) |
Critical areas permit |
Conditional use permit |
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Development regulation text amendment |
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Building permits for accessory structures (no SEPA) |
Building permits for commercial or industrial structures |
Preliminary plat, plat alterations, plat vacations |
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Area-wide rezone |
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Other minor building permits (i.e., demolition, gas appliances, fuel tank, mechanical) |
Building permits for residential structures (5 du or more) |
Planned unit development, major PUD amendment |
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Sign permit |
Building permits for accessory structures (with SEPA) |
Variance |
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Addressing |
Final plat approval |
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Home occupation permit |
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Short plat – preliminary/final |
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Wireless communication facility not requiring CUP |
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Type I Limited Admin |
Type II Full Admin |
Type IIIA Quasi-Judicial |
Type IIIB Quasi-Judicial |
Type IV Legislative |
|---|---|---|---|---|---|
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Decision made by: |
Director |
Director |
Hearing examiner |
City council |
City council |
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Open record public hearing |
No |
No |
Yes |
Yes, held by planning commission |
Yes, held by planning commission |
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Appeal of administrative decisions: 14 days from the date of the final decision |
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No |
Open record appeal hearing to hearing examiner |
No |
No |
No |
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Land use permit appeals: 21 days from the date of the final decision via Land Use Petition Act |
Growth management appeal: 60 days from the date of the final decision |
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Superior court |
Superior court |
Superior court |
Superior court |
Growth Management Hearings Board |
(Ord. 21-28 § 5 (Exh. A), 2021)
19.02.040 Permits issued pursuant to Chapter 90.58 RCW, Shoreline Management Act.
All project permit applications for land use activities on properties located within the jurisdiction of Chapter 90.58 RCW, Shoreline Management Act, shall be processed in accordance with Chapter 6, Administration and procedures, of the city of East Wenatchee shoreline master program as adopted by the city of East Wenatchee. (Ord. 21-28 § 5 (Exh. A), 2021)
19.02.050 Administrative interpretation.
Any citizen, applicant or staff member may request an administrative interpretation as to the meaning, application or intent of any development regulation, as it relates to a specific piece of property.
A. Responsibilities for Interpretation.
1. The community development director shall interpret the provisions of EWMC Titles 16, 17 and 18.
2. The building official shall interpret the provisions of EWMC Title 15.
3. The public works manager shall interpret the provisions of EWMC Titles 12 and 13.
B. The request shall be in a form determined by the responsible official and include: identification of the regulation in question; a description of the property (if applicable); and a statement of the issue or question to be decided with supporting justification. The request shall include applicable fees.
C. The responsible official shall issue a written interpretation within a reasonable time, but no more than 21 days after receipt. The responsible official can request additional information in order to complete the interpretation.
D. Administrative interpretations are subject to an open record appeal to the city of East Wenatchee hearing examiner. (Ord. 21-28 § 5 (Exh. A), 2021)