Chapter 15.210
PERMIT REVIEW PROCESS “TYPES”
Sections:
15.210.010 Classification of permit review process types.
15.210.020 Determination of proper permit review process type.
15.210.030 Permit review process types – Defined.
15.210.040 Permit review process types – Decision-making, procedures and notice requirements.
15.210.050 Projects under permit review process types.
15.210.010 Classification of permit review process types.
A. Decisions on applications shall be classified as Type I, II, III, IV, or V, based on the amount of discretion exercised by the decision-maker, the level of impact associated with the decision, the amount and type of input sought, and the type of appeal opportunity available. The procedures for the five different permit review process types are distinguished according to who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made, and whether an administrative appeal process is provided. The types of decisions are set forth in ECC 15.210.030 and the requirements for each type are set forth in ECC 15.210.040.
B. Exclusions. The following permits are excluded from the permit review requirements of this division and from RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130, and the review processes for these excluded permits are governed instead by the individual permit review process established for each:
1. Ellensburg landmarks register designations pursuant to Chapter 15.280 ECC;
2. Historic preservation special valuation decisions pursuant to Chapter 15.280 ECC;
3. Sidewalk use permits pursuant to ECC 4.14.170;
4. Adult entertainment licenses pursuant to Chapter 6.72 ECC;
5. Regional retail commercial master site plan applications pursuant to Chapter 15.390 ECC; and
6. Development agreements pursuant to RCW 36.70B.200 and Chapter 15.380 ECC. [Ord. 4769 § 6, 2017; Ord. 4656 § 1 (Exh. O2), 2013.]
15.210.020 Determination of proper permit review process type.
A. Determination by Director. The director shall determine the proper procedure for all permit applications. If there is a question as to the appropriate type of process, the director shall resolve it in favor of the higher type number.
B. Optional Consolidated Project Permit Application Processing. A Type V legislative nonproject action shall not be consolidated with a project permit application, but may be processed concurrently with the project permit application to the extent permitted by the processes and timelines established in the LDC for each action. Unless a different consolidation process is stated elsewhere in this title, all project approvals that involve two or more project permit application processes may, at the applicant’s written request, be processed collectively under the highest numbered type procedure required for any part of the application or may be processed individually under each of the procedures identified by the code. If the application is processed under the individual procedures option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure.
C. SEPA Review. SEPA review is governed by Chapter 15.270 ECC and all applications shall be reviewed under SEPA, unless categorically exempt from such SEPA review. SEPA review shall be conducted concurrently with project permit review. The following actions are exempt from such concurrent review:
1. Projects categorically exempt from SEPA; and
2. Components of previously completed planned actions, to the extent permitted by law and consistent with the EIS for the planned action.
D. 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 hearing examiner, followed by the designated board or commission, and then the director.
E. Hearings. During the permit review process, permits are allowed only one open record hearing, which can be either an open record predecision public hearing or an open record appeal public hearing, and one closed record appeal hearing, except for the appeal of a determination of significance which must be appealed directly to city council in a closed record appeal hearing at the time it is issued and prior to any further review on the underlying permit. [Ord. 4769 § 7, 2017; Ord. 4656 § 1 (Exh. O2), 2013.]
15.210.030 Permit review process types – Defined.
A. Review Process Type I. These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated in the LDC or other adopted city development codes. Most of these decisions are made administratively through a Type I review process by the director or by the landmarks and design commission if the project involves properties listed on the landmarks register. There are generally no notice or hearing requirements and no appeal opportunity for Type I decisions except for judicial appeals. Type I decisions are not subject to environmental review under the State Environmental Policy Act (SEPA), codified at Chapter 43.21C RCW (also see Chapter 15.270 ECC).
B. Review Process Type II. Unless otherwise specified, most Type II decisions are made by the director based on standards and clearly identified criteria in the LDC or other adopted city development codes. Some landmarks and design commission decisions are also Type II decisions. Type II decisions require some level of public notice and typically do not include a public hearing but may include a predecision public meeting, except for Type II process for COAs. See ECC Table 15.210.040(A). The Type II process requires that the director or other designated decision-maker issue a written report that sets forth a decision to approve, approve with modifications or conditions, or deny the application. The written decision report will also include any threshold determinations under SEPA or critical area final determinations under Division VI. Such Type II project decisions are appealable to the hearing examiner in an open record appeal hearing, except for departure decisions made by the director pursuant to ECC 15.210.060 and certificate of appropriateness decisions made by the landmarks and design commission pursuant to the procedures set forth in Chapter 15.280 ECC, which are appealable to city council in a closed record appeal hearing.
C. Review Process Type III. These are quasi-judicial decisions that are made by the designated decision-maker and involve the use of discretionary judgment in the review of each specific application. Type III decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision. Any administrative appeal of a SEPA threshold determination or critical area final determination shall be consolidated with the open record public hearing on the project permit, except a SEPA determination of significance, which must be appealed directly to city council at the time it is issued and prior to any further review on the underlying permit.
D. Review Process Type IV. These quasi-judicial decisions are made by the city council and the hearing examiner and involve the use of discretionary judgment in the review of each specific application. Type IV decisions may require a predecision open record public hearing by the designated body which will then provide recommendations to the decision-maker. The final decision must include findings and conclusions in support of the decision. Any administrative appeal of a SEPA threshold determination shall be consolidated with the open record public hearing on the project permit, except a SEPA determination of significance, which must be appealed directly to city council at the time it is issued and prior to any further review on the underlying permit.
E. Review Process Type V. These are legislative, nonproject decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. Type V actions include comprehensive plan adoption or amendment, area-wide rezones, annexations, adoption or changes to development regulations, and the siting of essential public facilities. Because Type V actions are not project permit applications, they are not governed by the same procedural rules as project permits. Each Type V action is included separately in the LDC with its own established review and decision process. [Ord. 4807 § 15, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]
15.210.040 Permit review process types – Decision-making, procedures and notice requirements.
A. Decision-Making and Appeal Process. Table 15.210.040(A) sets out the permit review decision-making and appeal processes for the permit review process types.
|
|
Type I |
Type II |
Type III |
Type IV |
Type V |
|---|---|---|---|---|---|
|
Final decision made by: |
Director or designated decision-maker (see ECC 15.210.050(A) |
Director or designated decision-maker (see ECC 15.210.050(B)) |
Designated decision-maker (see ECC 15.210.050(C)) |
Designated decision-maker (see ECC 15.210.050(D)) |
|
|
Recommendation made by: |
NA |
NA |
Designated body |
Designated body |
|
|
Open record predecision public hearing |
No |
No Except that landmarks and design commission holds an open record public hearing (see Chapter 15.280 ECC) |
Yes |
Yes |
Yes multiple open record predecision hearings can be held |
|
Open record appeal public hearing |
Yes |
Yes, except for landmarks and design commission decisions which have a closed record appeal |
No |
No |
No |
|
Closed record appeal hearing |
No |
No, except for landmarks and design commission decisions |
Yes |
No |
No |
|
Appeal to: |
Superior court |
Hearing examiner except landmarks and design commission decisions are appealed to city council and director decisions on departures are appealed to city council |
Superior court |
Superior court or to the growth management hearings board if GMA action |
|
|
Judicial appeal (see ECC 15.230.100) |
Yes |
Yes |
Yes |
Yes |
Yes |
B. Procedures. Table 15.210.040(B) sets out the permit review procedures for the five permit review process types.
|
|
Type I |
Type II |
Type III |
Type IV |
Type V |
|---|---|---|---|---|---|
|
Preapplication meeting (see ECC 15.220.010) |
No |
No1 |
Yes |
Yes |
No |
|
Notice of complete application (see ECC 15.220.030) |
No |
Yes |
Yes |
Yes |
No |
|
Notice of application (see ECC 15.220.040) |
No |
Yes |
Yes |
Yes |
No |
|
SEPA determination (see Chapter 15.270 ECC) |
No |
Yes If applicable |
Yes If applicable |
Yes |
Yes If applicable |
|
Notice of hearing (see ECC 15.230.020) |
No |
No |
Yes |
Yes |
Yes |
|
Notice of decision (see ECC 15.220.080) |
Yes |
Yes |
Yes |
Yes |
Yes |
|
120-day review period (see ECC 15.220.070) |
No2 |
Yes |
Yes |
Yes |
No |
Notes/conditions:
1. A preapplication meeting shall be required for all major design review projects and short subdivisions as set forth in ECC 15.250.030.
2. Short subdivisions have a 60-calendar-day deadline for issuance (after determination of complete application). A final subdivision must issue in 30 calendar days and a preliminary subdivision must issue in 90 calendar days (after determination of complete application). See RCW 58.17.140 and ECC 15.260.060 and 15.260.120.
C. Notice Requirements. Table 15.210.040(C) sets out the notice requirements for the five permit review process types.
|
|
Send to property owners within 300' |
Public notice (see ECC 15.220.040) |
Post property (see ECC 15.220.050) |
Send to agencies |
Send to applicant |
|---|---|---|---|---|---|
|
Notice of completeness (see ECC 15.220.040) |
|
|
|
|
X |
|
Notice of application (see ECC 15.220.040) |
X |
X, except for Type I permits |
X, except for Type I and II permits |
X |
X |
|
SEPA determination (see Chapter 15.270 ECC) |
|
X |
X |
X |
X |
|
Notice of open record predecision hearing or meeting, if applicable |
X |
X |
X for site-specific proposals |
|
X |
|
Notice of decision (see ECC 15.220.080) |
|
X |
X, except for Type I and II permits |
|
X |
|
Notice of appeal hearing, if applicable |
X |
X |
|
|
X |
[Ord. 4807 § 16, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]
15.210.050 Projects under permit review process types.
A. Review Process Type I. Table 15.210.050(A) identifies the types of projects and permits that require a Type I review process. Any decision-making, procedural, or noticing variations from the Type I review process are described in the middle column. The right column identifies code sections applicable to the project/permit.
|
Type I Project1 |
Decision-making, procedures or noticing variation from ECC 15.210.040 |
Relevant ECC chapter or section(s) |
|---|---|---|
|
Boundary line adjustments |
No variation |
ECC 15.260.050 |
|
Code interpretation |
No variation |
ECC 15.110.060(F) |
|
Commercial wireless communication support towers, antenna arrays and facilities in residential zones |
No variation Except if on a landmarks register property, then must undergo review and decision by the landmarks commission as Type II project. (See ECC 15.340.070) |
ECC 15.340.070 |
|
Critical area exemption request or allowable activity |
No variation |
Division VI |
|
Critical area initial and final determination |
See Division VI for process variation |
Division VI |
|
Final short subdivision approval |
(See ECC 15.260.120) |
Chapter 15.260 ECC |
|
Final subdivision approval |
Final decision by city council (See ECC 15.260.060) |
ECC 15.260.060 |
|
No variation |
ECC 15.340.020 |
|
|
Minor changes to approved preliminary subdivision |
No variation |
ECC 15.260.110 |
|
Minor preliminary plat alteration |
No variation |
ECC 15.260.110(A) |
|
Minor revision to regional retail commercial master site plan |
No variation |
ECC 15.390.040(C)(4) |
|
Nonconforming use determination |
No variation |
Chapter 15.240 ECC |
|
Permitted use |
No variation |
Chapter 15.310 ECC |
|
Site development permits (no SEPA required) |
No variation |
ECC 15.250.020 |
|
Small wind energy system (one per parcel)2 |
No variation Except if on a landmarks register property, then must undergo review and decision by the landmarks commission as Type II project. See ECC 15.340.060 |
ECC 15.340.060 |
Notes/conditions:
1. If any Type I project requires a SEPA threshold determination it automatically becomes a Type II project.
2. Where more than one small wind energy system is proposed for a parcel, then a conditional use permit is required.
B. Review Process Type II. Table 15.210.050(B) identifies the types of projects and permits that require a Type II review process. Any decision-making, procedural, or noticing variations from the Type II review process are described in the middle column. The right column identifies code sections applicable to the project/permit.
|
Type II Project |
Decision-making, procedures or noticing variation from ECC 15.210.040 |
Relevant ECC chapter or section(s) |
|---|---|---|
|
Administrative variance |
No variation |
ECC 15.500.040 |
|
Commercial wireless communication support towers, antenna arrays and facilities in commercial and industrial zones |
No variation, except landmarks register properties require decision by landmarks and design commission after a public hearing |
ECC 15.340.070 |
|
Critical area exception for public agency or reasonable use |
No variation |
Division VI |
|
Design review, major and minor |
No variation |
ECC 15.250.030 Division V (Project Design) |
|
Design review departure request for landmarks register property |
Decision by landmarks and design commission after a public hearing; appeal closed record to city council |
ECC 15.210.060 (Departures) |
|
Design review departure request for non-landmarks register property |
ECC 15.210.060 (Departures) |
|
|
Landmarks and design commission decision after public hearing; appeal closed record to city council |
ECC 15.280.090 |
|
|
Landmarks register demolition |
Landmarks and design commission decision after a public hearing; appeal closed record to city council |
ECC 15.280.090 |
|
No variation |
ECC 15.260.170(C) |
|
|
Short subdivision, preliminary |
No variation |
Chapter 15.260 ECC (Subdivisions) Division IV (Community Design) |
|
Site development permit (if SEPA required) |
No variation |
ECC 15.250.020 |
|
No variation |
ECC.250.010 |
C. Review Process Type III. Table 15.210.050(C) identifies the types of projects and permits that require a Type III review process. Any decision-making, procedural, or noticing variations from the Type III review process are described in the middle column. The right column identifies code sections applicable to the project/permit.
|
Type III Project |
Decision-making, procedures or noticing variation from ECC 15.210.040 |
Relevant ECC chapter or section(s) |
|---|---|---|
|
ECC 15.260.180 |
||
|
Planning commission decision after open record hearing; appeal closed record to city council |
ECC 15.250.040 |
|
|
Extension requests for regional retail commercial master site plan projects |
ECC 15.390.040(C)(3) |
|
|
Hearing examiner decision after open record hearing; appeal closed record to city council |
ECC 15.250.050 |
|
|
Variance for critical areas regulations |
Hearing examiner decision after open record hearing; appeal closed record to city council |
ECC 15.610.210 and 15.610.215 (frequently flooded areas) |
D. Review Process Type IV. Table 15.210.050(D) identifies the types of projects and permits that require a Type IV review process. Any decision-making, procedural, or noticing variations from the Type IV review process are described in the middle column. The right column identifies code sections applicable to the project/permit.
|
Type IV Project |
Decision-making, procedures or noticing variation from ECC 15.210.040 |
Relevant ECC chapter or section(s) |
|---|---|---|
|
Major revisions to regional retail commercial master site plans |
Open record hearing before hearing examiner with recommendation for city council decision after closed record public hearing; not subject to decision timelines |
ECC 15.390.040(C)(4) |
|
Master plan for P-R zone uses |
Hearing examiner recommendation to city council after open record hearing; city council decision after closed record hearing |
ECC 15.250.080 and 15.310.050 |
|
Plat alteration (major) |
City council decision after open record hearing |
ECC 15.260.110(C) |
|
Plat vacation |
City council decision after open record hearing |
ECC 15.260.110(B) |
|
Hearing examiner recommendation to city council after open record hearing; city council decision after closed record hearing |
Chapter 15.260 ECC |
|
|
Regional retail commercial master site plans |
Open record hearing before hearing examiner with recommendation for city council decision after closed record public hearing1; not subject to timelines |
ECC 15.390.040 (master site plan provisions for regional retail commercial projects) |
|
Site-specific rezone |
Hearing examiner recommendation to city council after open record hearing; city council decision after closed record hearing |
ECC 15.250.060 Chapter 15.300 ECC |
Notes/conditions:
1. For review of a regional retail commercial master site plan related to a rezone application, subdivision application, a short subdivision application, or a binding site plan application, see ECC 15.390.040(C).
E. Review Process Type V. Table 15.210.050(E) identifies the types of approvals and permits that require a Type V review process. Any decision-making, procedural, or noticing variations from the Type V review process are described in the middle column. The right column identifies code sections applicable to the permit.
|
Type V Approvals |
Decision-making, procedures or noticing variation from ECC 15.210.040 |
Relevant ECC chapter or section(s) |
|---|---|---|
|
Annexations |
No variation |
Chapter 15.360 ECC |
|
Comprehensive plan amendment |
See ECC 15.250.090 |
ECC 15.250.090 |
|
See ECC 15.250.110 |
ECC 15.250.110; RCW 36.70A.200; and Chapter 11 of the comprehensive plan |
|
|
Land development code amendment |
See ECC 15.250.100 |
ECC 15.250.100 |
|
Rezone (other than site specific) |
No variation |
ECC 15.250.060 and Chapter 15.300 ECC |
[Ord. 4878 § 14, 2021; Ord. 4807 § 17, 2018; Ord. 4803 § 2, 2018; Ord. 4769 §§ 8 – 10, 2017; Ord. 4656 § 1 (Exh. O2), 2013.]
15.210.060 Departures.
A. Overview and Purpose. The LDC provides for a number of specific departure opportunities to development standards. The purpose is to provide applicants with the option of proposing alternative design treatments provided such departures meet the “purpose” of the particular standard and any additional departure criteria set forth for the particular departure opportunity.
B. Departures Are Voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis, provided they meet the purpose of the standard and applicable departure criteria as noted above.
C. Applicability. Departure opportunities are available only to specific standards that allow for departures. Divisions IV and V include one or more standards that allow for departure opportunities.
D. Procedures. Permit applications that include departure requests go through the standard review procedures set forth in ECC 15.210.050 depending on the application type.
E. Approval Criteria. Project applicants must successfully demonstrate to the decision-maker how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that applies to the specific standard.
F. Documentation. The decision-maker shall document the reasons for approving all departures (to be maintained with project application records) for the purpose of providing consistency in decision-making by the city. [Ord. 4656 § 1 (Exh. O2), 2013.]