4-8-070 AUTHORITY AND RESPONSIBILITIES:

A. REVIEW AUTHORITY:

RMC 4-8-080G, Land Use Permit Procedures, lists the development applications and outlines the responsible review authority associated with making recommendations, conducting open record public hearings, open record appeals, the responsible official for the permit decision, and appeal bodies.

B. SPECIFIC RESPONSIBILITIES:

The regulation of land development is a cooperative activity including many different elected and appointed boards and City staff. The specific responsibilities of these bodies are listed as set forth in subsections C through J of this Section and RMC 4-8-080G.

C. PUBLIC WORKS ADMINISTRATOR:

Authority: The Public Works Administrator shall review and act on the following:

1. Appeals of administrative decisions/determinations regarding requests for modification of storm drainage regulations;

2. Interpretation of flood insurance rate map boundaries;

3. Modifications:

a. Modifications of storm drainage requirements;

b. Modifications/waivers of sewer code requirements;

4. Sewer modifications, alternates, and appeals pursuant to RMC 4-9-250D and E;

5. Dedications of property for public purposes; and

6. Signing of final plats. (Ord. 5028, 11-24-2003; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5648, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5868, 12-11-2017)

D. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR:

Authority: The Community and Economic Development Administrator shall review and act on the following:

1. Appeals relating to the International Building Code;

2. Building and grading permits;

3. Permits to rebuild for nonconforming structures; (Ord. 5519, 12-14-2009)

4. Conditional use permit, administrative;

5. Critical area regulation alternates and modifications;

6. Critical areas regulation administrative determinations pursuant to RMC 4-3-050D5;

7. Lot line adjustments;

8. Modifications:

a. Minor modifications to a previously approved site plan;

b. Modification of geologic hazard regulations for manmade slopes;

c. Modifications of the number of required parking stalls and the requirements of the parking, loading and driveway regulations; and

d. Modifications to development standards in the Urban Design Regulation Overlay District;

9. Public art exemption certificates;

10. Review of business licenses for home occupations;

11. Revocable permits for the temporary use of a public right-of-way;

12. Routine vegetation management permits;

13. Shoreline exemptions;

14. Shoreline permits;

15. Short plats; (Ord. 5519, 12-14-2009)

16. Site plan approval, administrative;

17. Master Plan review (individual phases);

18. Temporary emergency wetland permits;

19. Temporary use permits;

20. Variances:

a. Administrative pursuant to RMC 4-9-250B; (Ord. 5519, 12-14-2009)

b. Variances not associated with a development permit that requires review by the Hearing Examiner, provided the variance authority is not specifically given to another authority elsewhere in this Chapter, and any building permits submitted in conjunction with such variance application; and

c. Variances from chapter 8-7 RMC, Noise Level Regulations;

21. Waivers:

a. Waivers of right-of-way dedication for plat;

b. On- and off-site improvements (including deferrals); and

c. Allowing a commercial or multi-family residential driveway grade of between eight percent (8%) and fifteen percent (15%); (Ord. 5450, 3-2-2009)

22. Final Planned Urban Developments;

23. Dedications of property for public purposes;

24. Impact fees – applicability, value of credits, independent fee calculations, or any other authority defined in RMC 4-1-190; and

25. Approval of final plats. (Ord. 5519, 12-14-2009; Ord. 5648, 12-12-2011; Ord. 5676, 12-3-2012; Ord. 5868, 12-11-2017)

E. ENVIRONMENTAL REVIEW COMMITTEE:

The Environmental Review Committee shall:

1. Make threshold determinations for environmental checklists,

2. Make determinations regarding whether an optional public hearing is needed for a site plan review application,

3. Authorize circulation of draft environmental impact statements,

4. Approve and issue final environmental impact statements,

5. Approve mitigation conditions for mitigated determinations of nonsignificance and final environmental impact statements.

F

(Repealed by Ord. 5157, 9-26-2005)

G. PLANNING COMMISSION:

The Planning Commission shall review and act on the following:

1. Comprehensive Plan: Duties related to the Comprehensive Plan as described in chapter 2-10 RMC, Planning Commission.

2. Shoreline Master Program Amendments: Recommendations to City Council regarding Shoreline Master Program Amendments after holding public hearing.

3. Area-Wide Zoning: The Planning Commission, in conducting area land use analysis, may from time to time recommend to the City Council area-wide zonings to implement the recommended amendments to the Comprehensive Plan.

4. Land Use Regulations and Processes: Upon Council request and based upon the goals and policies of the Comprehensive Plan, recommendations to Council regarding effective and efficient land use regulations and processes.

H. HEARING EXAMINER:

1. Authority: The Hearing Examiner shall review and act on the following:

a. Appeals of administrative decisions/determinations (including, but not limited to, parking, sign, street, tree cutting/routine vegetation management standards, and Urban Center Design Overlay District regulations) and ERC decisions, excepting determinations of whether an application is a bulk storage facility which shall be appealable to the City Council,

b. Appeals relating to RMC 4-5-060, Construction Administrative Code,

c. Bulk storage special permit and variances from the bulk storage regulations,

d. Conditional use permit,

e.  Dedications of property for public purposes,

f. Fill and grade permit, special,

g. Master Plan review (overall plan) and major amendments to an overall Master Plan,

h. Mobile home parks, preliminary and final,

i. Planned urban development, preliminary,

j. Preliminary plats and major amendments to plats, (Ord. 5676, 12-3-2012)

k. Shoreline conditional use permit,

l. Shoreline variance,

m. Site plan approvals requiring a public hearing,

n. Special permits,

o. Temporary use permits, tier III Temporary Homeless Encampments,

p. Variances from wireless communication facility development standards, the provisions of the subdivision regulations, and variances associated with a development permit that requires review by the Hearing Examiner, and

q. Building permits submitted in conjunction with any of the above. (Ord. 5519, 12-14-2009; Ord. 5570, 11-15-2010; Ord. 5647, 12-12-2011)

2. Interpretation: It shall be the duty of the Hearing Examiner to interpret the provisions of chapter 4-2 RMC, Zoning Districts – Uses and Standards, in such a way as to carry out the intent and purpose of the plan thereof, as shown by the maps fixing districts, accompanying and made part of this Code, in cases where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid.

3. Recommendations: The Hearing Examiner shall hold a public hearing and make recommendations to the City Council on the following:

a. Rezones, site specific, in conformance with the Comprehensive Plan,

b. Special permits requiring Council approval. (Ord. 5519, 12-14-2009)

4. Appeals: Unless otherwise specified, any decision of the Environmental Review Committee, the Community and Economic Development Administrator, or the Public Works Administrator in the administration of this Title shall be appealable to the Hearing Examiner as an administrative determination pursuant to RMC 4-8-110E, Appeals to Hearing Examiner. (Ord. 5028, 11-24-2003; Ord. 5153, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012; Ord. 5868, 12-11-2017)

I. CITY COUNCIL:

The City Council shall review and act on the following:

1. Annexations,

2. Appeals of Hearing Examiner decisions (any appeal from a Hearing Examiner’s decision, whether an appeal from an administrative determination or an original decision, shall be appealable to the City Council pursuant to RMC 4-8-110E8),

3. Appeals of staff determinations of whether or not a proposal is considered a bulk storage facility,

4. Comprehensive Plan map or text amendment,

5. Dedications of property for public purposes,

6. Development and zoning regulations text amendment,

7. Release of easements,

8. Rezones with associated Comprehensive Plan amendment,

9. Rezones with associated Comprehensive Plan map or text amendment,

10. Street vacations, (Ord. 5153, 9-26-2005; Ord. 5519, 12-14-2009)

J. REVIEW AUTHORITY FOR MULTIPLE PERMIT APPLICATIONS:

Where required permits are subject to different types of permit review procedures, then all the associated applications are subject to the highest level of review authority that applies to any of the required applications. (Amd. Ord. 4963, 5-13-2002)