Chapter 22.05
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
22.05.001 Classification of project permits.
22.05.002 Determination of classification.
22.05.003 Project permit application framework.
22.05.004 Joint public hearings.
22.05.005 Legislative decisions.
22.05.006 Legislative enactments not restricted.
22.05.007 Exemptions from project permit application processing.
22.05.001 Classification of project permits.
For the purpose of project permit processing, all project permit applications shall be classified as shown in Table A, FMC 22.05.003, as one of the following: Type I, Type II-A, Type II-B, Type III-A, Type III-B, or Type IV. Legislative decisions are Type V actions, and are addressed in FMC 22.05.005. Exclusions from the requirements of project permit application processing are contained in FMC 22.05.007 (RCW 36.70B.120). (Ord. 1512 § 1, 2011; Ord. 1120 § 1, 1996).
22.05.002 Determination of classification.
(a) Determination by Director. The director of the planning/building department or his designee (hereinafter the “director”) shall determine the proper classification for each project permit application. If there is a question as to the appropriate classification, the director shall resolve the question in favor of the higher classification type.
(b) Optional Consolidated Permit Processing. An application that involves two or more classification types may be processed collectively under the highest numbered type 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 individually, the highest numbered type shall be processed prior to the subsequent lower numbered type (RCW 36.70B.060(3), RCW 36.70B.120).
(c) Hearing Bodies. Applications processed in accordance with subsection (b) of this section which involve different hearing bodies shall be heard collectively by the highest-ranking hearing body. The city council is the highest rank, followed by the planning commission and hearing examiner, and then the director. Joint public hearings with other agencies shall be processed according to FMC 22.05.004 (RCW 36.70B.060(3), RCW 36.70B.120). (Ord. 1638 § 1, 2019; Ord. 1120 § 1, 1996).
22.05.003 Project permit application framework.
|
Type I |
Type II-A |
Type II-B |
Type III-A |
Type III-B |
Type IV |
Type V |
|---|---|---|---|---|---|---|
|
Permitted use not requiring site plan or design review |
Minor variance |
Short plat, short plat vacation or alteration |
Major variance |
Zoning map amendment |
Final plat |
Comprehensive plan amendment |
|
Boundary line adjustment |
Minor site plan |
Final site plan |
Conditional use permit |
|
|
Development regulation amendment |
|
Minor amendment to Type III-A project permit |
Administrative use permit |
Final development plan |
Preliminary plat, plat vacation or alteration |
|
|
Area-wide rezone |
|
Temporary accessory structure and use |
|
Design review |
Preliminary site plan (major) |
|
|
Annexation |
|
Home occupation permit, not requiring CUP |
|
Land clearing/grading permit |
Preliminary development plan |
|
|
|
|
Short-term rental permit, not requiring CUP |
|
Administrative interpretation |
Major amendment to Type III-A project permit |
|
|
|
|
De minimis variance |
|
Critical areas determination |
Critical areas reasonable use exception and public agency and utility exception |
|
|
|
|
|
|
Binding site plan |
Development agreement associated with project permit |
|
|
|
|
Action |
Type I |
Type II-A |
Type II-B |
Type III-A |
Type III-B |
Type IV |
Type V |
|---|---|---|---|---|---|---|---|
|
Recommendation made by: |
N/A |
N/A |
N/A |
N/A |
Hearing examiner |
Hearing examiner |
Planning commission |
|
Final decision made by: |
Director |
Director |
Director |
Hearing examiner |
City council |
City council |
City council |
|
Notice of complete application/comment period: |
Not required |
Not required; see FMC 22.07.004 |
Not required |
Required |
Required |
Required |
Not required |
|
Open record public hearing/public review: |
Not required |
Not required; see FMC 22.07.005 |
Hearing required only if director decision appealed, then hearing before hearing examiner |
Hearing required before hearing examiner |
Hearing required before hearing examiner, who will forward recommendation to city council |
Public review required before hearing examiner, who will forward recommendation to city council |
Hearing required before planning commission and city council |
|
Closed record review/appeal hearing/decision: |
Not required |
Not required |
Not required |
Not required |
Closed record review required before city council, which will render final decision |
Closed record review required before city council, which will render final decision |
N/A |
|
Judicial appeal: |
Yes |
Yes |
Yes |
Yes |
Yes |
No |
Yes |
(Ord. 1638 § 2, 2019; Ord. 1611 § 1, 2018; Ord. 1575 § 1, 2016; Ord. 1562 § 1, 2015; Ord. 1527 § 1, 2012; Ord. 1468 § 1, 2009; Ord. 1375 § 8, 2005; Ord. 1245 § 1, 2000).
22.05.004 Joint public hearings.
(a) Director’s Decision to Hold Joint Hearing. The director may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection (c) of this section are met (RCW 36.70B.110(7)).
(b) 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 time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings (RCW 36.70B.110(7)).
(c) Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:
(1) The other agency is not expressly prohibited by statute from doing so (RCW 36.70B.110(8));
(2) Sufficient notice of the hearing is given to meet each of the agencies; adopted notice requirements as set forth in statute, ordinance, or rule;
(3) The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and
(4) The hearing is held within the geographic boundary of the local government. (Ord. 1120 § 1, 1996).
22.05.005 Legislative decisions.
(a) Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
(1) Zoning code text and zoning district amendments;
(2) Adoption of development regulations and amendments;
(3) Area-wide rezones to implement new city policies;
(4) Adoption of the comprehensive plan and any plan amendments; and
(5) Annexations.
(b) Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions listed in subsection (a) of this section. The public hearing shall be held in accordance with the requirements of Chapter 22.09 FMC.
(c) City Council. The city council may consider the planning commission’s recommendation in a public hearing held in accordance with the requirements of Chapter 22.09 or 22.10 FMC.
(d) Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in FMC 22.07.003(b)(4).
(e) Implementation. The city council’s decision shall become effective by passage of an ordinance. (Ord. 1120 § 1, 1996).
22.05.006 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, as part of an annual revision process, or to make changes to the city’s development regulations (RCW 36.70B.020(4)). (Ord. 1120 § 1, 1996).
22.05.007 Exemptions from project permit application processing.
(a) Whenever a permit or approval in this code has been designated as a Type I, II-A, II-B, III-A, III-B, or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:
(1) Landmark designations;
(2) Street vacations;
(3) Street use permits.
(b) Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, short plats, administrative design review, minor site plan review, minor variances, administrative use permits, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and the city’s SEPA requirements, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:
(1) Determination of completeness (FMC 22.06.004(a));
(2) Notice of application (FMC 22.06.005);
(3) Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (FMC 22.05.002(b));
(4) Joint public hearings (FMC 22.05.004);
(5) Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing (FMC 22.09.002(c));
(6) Notice of decision (FMC 22.09.008);
(7) Completion of project review within any applicable time periods (including the 120-day permit processing time) (FMC 22.09.008, 22.09.009) (RCW 36.70B.140). (Ord. 1468 § 2, 2009; Ord. 1245 § 2, 2000).