Chapter 2.90 CONSOLIDATED PLANNING PROCEDURES*

Chapter 2.90
CONSOLIDATED PLANNING PROCEDURES*

Sections:

2.90.010 Purpose and intent.

2.90.020 Applicability.

2.90.030 Effect of permit.

2.90.035 Permit processes classified by type.

2.90.040 Exemptions from state process requirements.

2.90.050 Submittal requirements—General.

2.90.060 Authority and responsibilities.

2.90.070 Permit classification.

2.90.073 Planned action review process.

2.90.075 Public notice requirements.

2.90.080 Application and decision—General.

2.90.090 Appeals.

2.90.100 Submittal requirements—Specific to application type.

* Prior ordinance history: Ords. 1449-03, 1485-04, 1491-04, 1602-08 and 1607-08.

2.90.010 Purpose and intent.

The purpose and intent of this chapter is to establish standard procedures for all land use and development applications in order to provide for an integrated and consolidated land use permit and environmental review process. It is further the purpose of this chapter to combine and expedite development review to eliminate redundancy and minimize delays, to establish timelines for notifying the public of land use applications, to revise hearing requirements to allow one open record hearing and one closed record appeal hearing, and to provide that final decisions on development proposals be made within one hundred twenty days of the date of the letter of completeness, except for development specifically exempted under this chapter.

The mandatory nature of the one-hundred-twenty-day processing time notwithstanding, it is neither the intent nor the purpose of this chapter to establish a claim or remedy for a delay in the final decision beyond one hundred twenty days. (Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.020 Applicability.

All applications for development shall be subject to the provisions of this chapter, except where specifically exempted under Section 2.90.040, Exemptions from state process requirements. (Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.030 Effect of permit.

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it authorized is lawful. (Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.035 Permit processes classified by type.

Development subject to review by the city is classified and processed using one of the six types of land use permit procedures listed in Section 2.90.070(G). The review processes for the types of permit review procedures are described in Section 2.90.070. If the code does not expressly provide for review according to one of the six types of permit review procedures, and another specific procedure is not required by law, the planning department shall classify the application. (Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.040 Exemptions from state process requirements.

A. State Authority. RCW 36.70B.140 allows a local government to exclude certain project permits from procedure and time limit requirements. This section deals with exemptions from state-mandated notice requirements. Permit types listed below may and often do have city code requirements for review, notification, and appeal beyond state requirements.

B. Exemptions from City Goal of One-Hundred-Twenty-Day Review Process for Certain Actions Requiring More Time. RCW 36.70B.140 provides that local governments may determine that there are special circumstances relative to certain actions or processes that warrant a different review process than that set forth in state law. Therefore, the city exempts the following actions since they typically require more than one hundred twenty days to process or would be deemed emergencies:

1. Comprehensive plan amendments with or without any other associated land use application such as a rezone;

2. Sedro-Woolley Municipal Code amendments;

3. Annexations;

4. Planned residential developments;

5. Development agreements;

6. Environmental impact statements;

7. Temporary emergency wetland permit;

8. Declared emergency under SEPA;

9. Street vacations;

10. Any project once it is appealed to the hearing examiner and/or city council;

11. Any project once it becomes the subject of a petition under the Land Use Petition Act;

12. Any project that is determined by the mayor to present extenuating circumstances which would require more than one hundred twenty days to process.

C. Exemptions from State Notification and Procedural Requirements for Permits Relating to Use of Public Areas/Facilities. As permitted by RCW 36.70B.140, the city also exempts the following approvals relating to the use of public areas or facilities from the notification and procedural requirements of RCW 36.70B.060 through 36.70B.080 and RCW 36.70B.110 through 36.70B.130:

1. Deferral of off- or on-site improvements;

2. Drainage connection permits;

3. Driveway construction permit (all uses/users);

4. Driveway relocation permit (all uses/users);

5. Franchise utility permits;

6. Right-of-way use permit;

7. Release of easements;

8. Side sewer permit;

9. Side sewer cap permit;

10. Sidewalk repair permit (all uses/users);

11. Sidewalk/curb/gutter construction permit (all uses);

12. Permits to stop city sewer service;

13. Other SEPA exempt actions/activities as outlined in WAC 197-11-800.

D. Exemptions from State Notification and Procedural Requirements for Permit Applications Not Subject to Environmental Review. RCW 36.70B.140 allows local governments to exclude certain approvals and building and engineering permits from the public notification and procedural requirements of the statute if they are categorically exempt from environmental review or if environmental review has already been completed at an earlier stage. However, the city’s one-hundred-twenty-day maximum processing time would still apply. Therefore, the city exempts the following actions from the public notification and procedural requirements since they are typically processed very quickly and would be considerably delayed by imposition of a public comment period(s):

1. Building and grading permits (SEPA exempt);

2. Business licenses for home occupations;

3. Fire installation/construction permits;

4. Mechanical, plumbing, sign and fence permits;

5. Lot line adjustments;

6. Final plats;

7. Minor amendments to a previously approved PUD;

8. Occupancy permits;

9. Shoreline exemptions;

10. Temporary use permits (SEPA exempt), but not exempting sign requirements;

11. Water, sewer, storm drainage, roadway permits (SEPA exempt);

12. Other SEPA exempt actions/activities as outlined in WAC 197-11-800. (Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.050 Submittal requirements—General.

A. Purpose. In order to comply with the state law, the city is required to detail the requirements for complete building, public works and land use permit applications.

B. Vesting of application is a legal doctrine whereby a valid and fully complete building application for a project that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit, zoning, or other land use controls in effect on the date of such valid and fully complete building application.

1. Supplemental information required after acceptance shall not affect the validity of the vesting for such application.

2. Revisions requested by an applicant to a vested, but not yet approved, application shall be deemed a new application when such revisions would result in a substantial change in the basic site design plan, intensity, density, and the like, involving a change of ten percent or more in area or scale. Vesting for the new application shall occur upon the date of submission of a valid and fully complete building application for the changed project.

C. Application Location. All land use, building, fire, and public works applications addressed in this title shall be filed with the planning department.

D. Complete Application. Unless waived by the planning department, the requirements for a full complete land use, building, or public works permit application shall consist of the information listed in this code and any site-specific information identified in a preapplication meeting summary. Application fees pursuant to this chapter are also required for a complete application.

E. Multiple Permit Application Submittal Requirements. Where submittal requirements are duplicated for various types of permit applications, an applicant shall be required to submit only the largest (not total) number of copies required.

F. Submittal Waiver Process. In order to have any of the normally required submittals waived, the applicant must request such waiver(s) at or after a preapplication meeting with city staff. Staff will consider the merits of the waiver request(s) and will provide the applicant with a written list of any/all submittals waived. The applicant must submit a copy of the list of city-approved waiver(s) at the time of formal application.

G. Letter of Completeness. Upon finding a Type II, III or IV application complete, the development services department will provide a letter of completeness to the applicant and property owner(s). (Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.060 Authority and responsibilities.

A. Review Authority. Section 2.90.070(G), 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 G of this section and Title 2.

C. Planning Director or Designee.

1. Authority. The planning director or designee shall review and act on the following:

a. Building and grading permits;

b. Binding site plan approval for commercial or industrial developments;

c. Environmental review.

i. Make threshold determinations for environmental checklists;

ii. Authorize circulation of draft environmental impact statements;

iii. Approve and issue final environmental impact statements;

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

d. Interpretation of flood insurance rate map boundaries;

e. Boundary line adjustments (B.L.A.);

f. Modifications.

i. Minor modifications to previously approved site plan;

ii. Modifications of street standards;

iii. Minor modifications of landscaping requirements;

iv. Minor amendment to PUD;

g. Planned action determinations;

h. Review of business licenses for home occupations;

i. Shoreline exemptions;

j. Shoreline permits;

k. Short plats – nine or less;

l. Temporary use permits;

m. Variances – administrative;

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

o. Temporary homeless encampment permits;

p. Design review.

D. City Engineer or Designee.

1. The city engineer shall review and act on the following:

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

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

c. Sewer modifications, alternates, and appeals;

d. Modifications to street design standards;

e. Waivers of on-site and off-site improvements (including deferrals).

E. Planning Commission. The planning commission shall hold a hearing and make recommendations to the city council on the following:

1. Comprehensive Plan. Duties related to the comprehensive plan including zoning changes (rezones) that are not already shown on the comprehensive plan use map. Recommendations to city council regarding amendments after holding a public hearing.

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.

5. Planned action ordinance recommendation to city council.

6. Rezones, site specific, in conformance with the comprehensive plan.

7. Adoption of or amendments to the design standards and guidelines. Recommendations to city council regarding amendments after holding a public hearing.

F. Hearing Examiner.

1. Authority. The hearing examiner shall review and act on the following:

a. Appeals of administrative decisions/determinations and SEPA threshold decisions;

b. Conditional approval permit for nonconforming uses;

c. Conditional use permits;

d. EIS hearing;

e. Major amendment to PRD;

f. Master plan with and without PRD;

g. Mobile/manufactured home park or subdivision;

h. Preliminary plats;

i. Planned residential developments;

j. Shoreline conditional use permit;

k. Shoreline variance;

l. Variances from the provisions of the subdivision regulations relating to a full subdivision and other variances provided for in the code.

2. Recommendations. (Reserved.)

3. Appeals. Unless otherwise specified, any decision of the responsible SEPA official or the planning director or designee or the city engineer or designee in the administration of this title shall be appealable to the hearing examiner as an administrative determination pursuant to Section 2.90.090, Appeals.

G. City Council. The city council shall review and act on the following:

1. Annexations;

2. Comprehensive plan map or text amendment;

3. Dedications of property for public purposes;

4. Development and zoning regulations text amendment;

5. Development agreements;

6. Designation of historic overlay district;

7. Planned action ordinance, final action;

8. Adoption of and amendments to the design standards and guidelines;

9. Release of easements;

10. Rezones consistent with the comprehensive plan;

11. Rezones with associated comprehensive plan map or text amendment.

H. 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. (Ord. 2036-23 § 2, 2023; Ord. 2032-22 § 1, 2023; Ord. 1816-15 § 3 (Exh. A)(part), 2015; Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.070 Permit classification.

A. Purpose. The purpose of this section is to outline the procedure and time requirements for the various development applications reviewed by the city. All development applications are classified and processed according to one of six types of permit procedures, as identified in subsection G of this section.

B. Review Process Based upon Application Type. Subsection G of this section lists the development applications and explains the basic steps in the review process. This table also outlines the responsible review authority.

C. Consolidated Review Process for Multiple Permit Applications.

1. Optional Process Resulting in a Single Open Record Public Hearing. An applicant may elect to have the review and decision process for required permits consolidated into a single review process. Consolidated review shall provide for only one open record hearing and no more than one closed record appeal period. An appeal of an environmental determination of significance (DS) is exempt from limits on the number of appeals. Where hearings are required for permits from other local, state, regional, or federal agencies, the city will cooperate to the fullest extent possible with the outside agencies to hold a single joint hearing.

2. Review Authority for Multiple Permit Applications. Where more than one land use permit application is required for a given development, an applicant may file all related permit applications concurrently, pay appropriate fees, and the processing may be conducted under the consolidated review process. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest-number procedure, as identified in subsection G of this section, and highest level of review authority, that applies to any of the applications.

D. Time Frame Based on Permit Type. The time frame varies for each of the land use permit types, as discussed in subsection G of this section. The timelines include the statutory requirement that requires the issuance of a letter of completeness within twenty-eight days of the application submittal, pursuant to RCW 36.70B.070(1), and the provision for final decisions on permits within one hundred twenty days of receipt of a complete application.

E. Time Frames—Maximum Permitted. Final decisions on all permits and reviews subject to the procedures of this chapter shall occur within one hundred twenty days from the date an application is deemed complete unless the applicant consents to an extension of such time period. If a project application is substantially revised by an applicant, the one-hundred-twenty-day time period shall start again after the revised project application is determined to be complete. Development applications which are specifically exempted under Section 2.90.040, Exemptions from state process requirements, are not subject to this time frame.

F. Exclusions from One-Hundred-Twenty-Day Time Limit. In determining the number of days which have elapsed since the applicant was notified that the application is complete, the following periods shall be excluded:

1. Revisions/Additional Information Required. The time period in which an applicant has been requested by the planning department to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the planning department notifies the applicant of the need for additional information until: (a) the date the department determines the additional information satisfies the request for information, or (b) fourteen days after the date acceptable information has been provided to the city, whichever is earlier. If the department determines that the information submitted is insufficient, it shall notify the applicant of the deficiencies.

2. EIS Preparation. A period of two hundred fifty days for the preparation of a draft environmental impact statement (DEIS), following a determination of significance. This time frame shall commence after the final scoping of the DEIS is complete.

3. Applicant Agreements. Any time extension mutually agreed upon by the applicant and the planning department.

G. Land Use Permit Procedures.

1. Permit Classification Table.

Table 2.90.070(G)(1)—Permit Classification Table
Land Use Permit/Action	Permit Type
Land Use Permit/Action	I	II	III	IV	V	VI
Accessory Dwelling Unit	X
Administrative Determination	X
Binding Site Plan		X
Boundary Line Adjustment	X
Building Permit SEPA Exempt	X
Code Interpretation	X
Comprehensive Plan Map (and Rezone) or Text Amendments						X
Conditional Use Permit			X
Design Review with Building Permit	X
Design Review with Hearing Examiner Land Use Permit			X
Development Agreement					X
Development Regulation Text Amendments Referred to Planning Commission						X
Development Regulation Text Amendments Not Referred to Planning Commission					X
Environmental Review		X
Fence or Wall Permit	X
Fill and Grade Permit	X
Floodplain District Development Permit or Variance				X
Home Occupation	X
Landscape Modifications	X
Major Modification PRD				X
Master Plan Approval				X
Minor Modifications	X
Nonconforming Use—Ordinary Maintenance or Repair	X
Nonconforming Use—Certificate of Use or Occupancy	X
Nonconforming Use—Special Permission to Enlarge, Expand, or Reconstruct			X
Planned Action Determination		X
Planned Action Ordinance						X
Planned Residential Development				X
Plat, Preliminary				X
Plat, Final					X
Rezones Consistent with Comprehensive Plan				X
Shoreline Conditional Use Permit			X
Shoreline Exemption	X
Shoreline Substantial Development Permit		X
Shoreline Variance			X
Short Plat		X
Short Plat—When Hearing Requested			X
Site Plan Approval	X
Special Use Permit			X
Street Design Modifications	X
Street Vacations				X
Temporary Homeless Encampments		X
Temporary Use Permit		X
Variances			X
Zoning Waivers	X

2. Summary of Permit Processes.

	Type I	Type II	Type III	Type IV	Type V	Type VI	Shoreline Permits and Annexations
Pre-Application Meeting	No	Required for short plats, building permits with street improvements, and all other non-single-family residential actions	Required, unless waived by director	Required, unless waived by director	No	Required, unless waived by director	Required, unless waived by director
Letter of Completeness	No	Required	Required	Required	No	No	No
Notice of Application	No	Required	Required	Required	Required	Required for site-specific projects	See Chapter 35A.14 RCW or the shoreline management master program
Notice of Hearing	Not applicable	Not applicable	Required	Required	Required	Required	See Chapter 35A.14 RCW or the shoreline management master program
Open Record Public Hearing	No	No	Yes, before hearing examiner to render final decision	Yes, before hearing examiner to make recommendation to city council	No	Yes, before planning commission to make recommendation to city council	See Chapter 35A.14 RCW or the shoreline management master program
Recommendation Made By	Not applicable	Not applicable	Not applicable	Hearing examiner	Staff	Planning commission	See Chapter 35A.14 RCW or the shoreline management master program
Final Decision Made By	Planning director	Planning director	Hearing examiner	City council	City council	City council	See Chapter 35A.14 RCW or the shoreline management master program
Notice of Decision	Required unless exempt per Section 2.90.040	Required	Required	Required	Required	Required	See Chapter 35A.14 RCW or the shoreline management master program
Judicial Appeal	See Section 2.90.090	See Section 2.90.090	See Section 2.90.090	See Section 2.90.090	See Section 2.90.090	See Section 2.90.090	See Chapter 35A.14 RCW or the shoreline management master program

(Ord. 2036-23 § 3, 2023; Ord. 2032-22 § 2, 2023; Ord. 1954-20 § 1 (Exh. A)(part), 2020; Ord. 1884-17 § 1, 2017; Ord. 1816-15 § 3 (Exh. A)(part), 2015; Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.073 Planned action review process.

The review process for a project that is proposed as a planned action shall be determined by the permits required for the planned action. Because an environmental impact statement will previously have been prepared, review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. A planned action includes a type of project action, or a subsequent project that implements an adopted subarea plan, master planned development, or phased project, that is designed by ordinance or resolution as a planned action and meets the criteria in RCW 43.21C.440, WAC 197-11-164 and 197-11-168.

A. Verification. A project proposed as a planned action shall be reviewed for consistency with the comprehensive plan and adopted planned action ordinance and for compliance with applicable development regulations and city ordinances.

To determine whether a proposed action qualifies as a planned action, planned action project review shall include:

1. Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the designating ordinance or resolution; and

2. Verification that the probable significant adverse environmental impacts of the project have been adequately addressed in the prior environmental impact statement through review of an environmental checklist or modified environmental checklist form provided by the city for this purpose as allowed by WAC 197-11-172 and 197-11-315.

B. Mitigation, Public Notice, and Appeals. All projects processed as planned actions shall comply with mitigation requirements set forth in applicable development regulations and city ordinances and the adopted planned action ordinance or resolution. Public notice and appeal procedures for projects that qualify as planned actions shall follow the requirements for the project permit. If notice is required, the notice shall state that the project has qualified as a planned action. (Ord. 1816-15 § 4 (Exh. A), 2015)

2.90.075 Public notice requirements.

A. Applicability. A notice of application is not required for actions which are classified as a Type I land use procedure under Section 2.90.060(G), and for actions specifically exempted under Section 2.90.040, Exemptions from state process requirements, but is required for all land development permit applications subject to notice requirements.

B. Notice of Development Application.

1. Within fourteen days of issuing a letter of completeness under Section 2.90.080(C), Letter of Completeness, the city shall issue a notice of development application. The notice shall, at minimum, include the following:

a. Applicant and/or owner name;

b. Project name and city file number;

c. Date of application acceptance;

d. Project location;

e. Project description;

f. A listing of all permits/approvals requested;

g. The date the fourteen-day public comment period expires;

h. The following, or equivalent, statements: “In order to receive additional information regarding this particular project, you will need to contact the city’s planning department and request to be made a party of record,” and “In order to become a party of record or to obtain further information regarding this project, please contact the city of Sedro-Woolley planning department at 325 Metcalf Street, (360) 855-0771.” The date, time, and place of a public hearing if one has been scheduled.

2. One notice per frontage of the proposed development shall be posted on or near the subject property and mailed to property owners and residents within five hundred feet of the boundaries of the subject property.

C. Notice of Administrative Decisions. The planning department shall notify all parties of record, the project proponent and affected government agencies of any administrative decision subject to notice. Notification must be made by mail; however, the planning department may also elect to post the notices of administrative decision at or near the project site. The notice shall include:

1. A description of the decision(s), including any conditions of approval.

2. A statement explaining where further information may be obtained.

3. Any threshold environmental determination issued for the project. If an application subject to an administrative approval requires an environmental threshold determination, the notice of administrative approval shall include the threshold determination and its appeal process.

4. The decision and a statement that the decision will be final unless an appeal to the hearing examiner is filed with the planning director within fourteen days of the date of the decision.

D. Notice of Public Hearing. Notice of a public hearing for all development applications subject to notification requirements and all open record appeals shall be given as follows:

1. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions shall be made by:

a. Publication at least ten days before the date of a public meeting, hearing, or pending action in the official newspaper if one has been designated or a newspaper of general circulation in the city;

b. Mailing at least ten days before the date of a public meeting, hearing, or pending action to all parties of record, the project proponent and affected government agencies; and

c. Posting of not less than one notice per frontage at the site of the proposed development on or near the subject property at least ten days before the meeting, hearing, or pending action at or near the project site.

2. Content of Notice. The public notice shall include a general description of the proposed project, the action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing, where further information may be obtained, and the following, or equivalent, statement: “If the hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date certain and no further notice under this section is required.”

E. Notice of Hearing Examiner Decision. Notice of hearing examiner decisions subject to notice requirements shall be made by the hearing examiner’s office to all parties of record, the project proponent, the planning department, and affected government agencies. Notification shall be made by mail and must include:

1. A description of the decision(s), including any conditional approval.

2. A statement explaining where further information may be obtained.

3. Any threshold environmental determination issued and its appeal process.

4. The decision date and a statement that the decision will be final unless an appeal to the city council is filed with the city clerk within fourteen days of the date of publication of the decision.

F. Notice of City Council Decision. Notice of city council decisions subject to notice requirements shall be made by the city clerk’s office to all parties of record, the project proponent, the planning department, and affected government agencies. Notification shall be made by mail and must include:

1. A description of the decision(s), including any conditions of approval.

2. A statement explaining where further information may be obtained.

3. Any threshold environmental determination issued and its appeal process.

4. The decision date and a statement that the decision will be final unless the appropriate land use appeal, writ of review or appeal from the decision of the city council is filed with the superior court within fourteen days of the date of the decision. (Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.080 Application and decision—General.

A. Preapplication Meeting.

1. a. Preapplication Required. A preapplication meeting may be required prior to formal submittal of a development application.

b. Preapplication Recommended. A preapplication meeting is recommended for all other projects.

2. Purpose. The meeting is not intended to provide an exhaustive review of all potential issues. Preapplication review does not prevent or limit the city from applying all relevant laws at the time of application submittal. The purposes of a preapplication meeting are:

a. To acquaint an applicant with the requirements of the city’s development regulations and other applicable laws.

b. To provide an opportunity for the city to be acquainted with a proposed application prior to review of a formal application.

3. Preapplication Submittal Requirements. Preapplication meeting submittal requirements are available through the city of Sedro-Woolley’s planning department.

4. Waiver of Formal Application Submittal Requirements. An applicant may submit a written request for a waiver from formal application submittal requirements which may be considered during or after a preapplication meeting.

B. Submittal of Formal Application. Applications, except appeals of administrative or environmental determinations, shall be filed with the planning department.

C. Letter of Completeness.

1. Timing. Within twenty-eight days after receipt of an application, the planning department shall provide a written determination that the application is deemed complete or incomplete according to the submittal requirements as listed in Section 2.90.100(A), (B) or (C), and any site-specific information identified after a site visit. In the absence of a written determination, the application shall be deemed complete.

2. Applications Which Are Not Complete. If an application is determined incomplete, the necessary materials for completion shall be specified in writing to the contact person and property owner. Within fourteen days of submittal of the information specified as necessary to complete an application, the applicant will be notified whether the application is complete or what additional information is necessary.

3. Additional Information May Be Requested. A written determination of completeness does not preclude the planning department from requesting supplemental information or studies, if new information is required to complete review of an application or if significant changes in the permit application are proposed. The planning department may set deadlines for the submittal of supplemental information.

D. Notices to Applicant. The applicant shall be advised of the date of acceptance of the application and of the environmental determination. The applicant shall be advised of the date of any public hearing at least ten days prior to the public hearing.

E. Report by Planning Department.

1. Report Content. When such application has been set for public hearing, if required, the planning department shall coordinate and assemble the comments and recommendations of other city departments and government agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the planning department findings and supportive recommendations.

2. Report Timing. At least ten working days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party for the cost of reproduction.

F. Public Hearing.

1. Hearing by Examiner Required. Before rendering a decision or recommendation on any application for which a public hearing is required, the examiner shall hold at least one public hearing thereon.

2. Constitutes Hearing by Council. On applications requiring approval by the city council, the public hearing before the examiner, if required, shall constitute the hearing by the city council.

3. Hearing Rules. The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter, subject to confirmation by the city council, and to administer oaths and preserve order.

4. Closure/Continuation of Public Hearing. At the close of the testimony, the examiner may close the public hearing, continue the hearing to a time and date certain, or close the public hearing pending the submission of additional information on or before a date certain.

5. Application Dismissal. Until a final action on the application is taken, the examiner may dismiss the application for failure to diligently pursue the application after notice is given to all parties of record.

G. Examiner’s Decision.

1. Standard Decision Time and Notification Procedure. Unless the time is extended pursuant to this section, within fourteen days of the conclusion of a hearing, or the date set for submission of additional information pursuant to this chapter, the examiner shall render a written decision, including findings from the record and conclusions therefrom, and shall transmit a copy of such decision by regular mail, postage prepaid, to the planning department, to the applicant and to other parties of record in the case requesting notice of the decision. The person mailing the decision, together with the supporting documents, shall prepare an affidavit of mailing, in standard form, and the affidavit shall become a part of the record of the proceedings. In the case of applications requiring city council approval, the examiner shall file his decision with the city council at the expiration of the appeal period for the decision.

2. Decision Time Extension. In extraordinary cases, the time for filing of the recommendation or decision of the examiner may be extended for not more than thirty days after the conclusion of the hearing if the examiner finds that the amount and nature of the evidence to be considered, or receipt of additional information which cannot be made available within the normal decision period, requires the extension. Notice of the extension, stating the reasons therefor, shall be forwarded to all parties of record in the manner set forth in this section for notification of the examiner’s decision.

3. Conditions. The examiner’s recommendation or decision may be to grant or deny the application, or the examiner may require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the application compatible with its environment and carry out the objectives and goals of the comprehensive plan, the zoning regulations, the subdivision regulations, the codes and ordinances of the city of Sedro-Woolley, and the approved preliminary plat, if applicable. Conditions, modifications, and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements, and dedications of additional road rights-of-way. Performance bonds may be required to ensure compliance with the conditions, modifications, and restrictions.

4. Reconsideration of Examiner’s Decision. Any interested person who believes that the decision of the examiner is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written application for review by the examiner within fourteen days after the written decision of the examiner has been rendered or within fourteen days of the publication of decision, if required. The application shall set forth the specific errors relied upon by such appellant, and the examiner may, after review of the record, take further action as the examiner deems proper. The examiner may request further information which shall be provided within ten days of the request. The examiner’s written decision on the request for consideration shall be transmitted to all parties of record within ten days of receipt of the application for reconsideration or receipt of the additional information requested, whichever is later.

H. Expiration of Decision. The city declares that circumstances surrounding land use decisions change rapidly over a period of time. In order to assure the compatibility of a decision with current needs and concerns, any such decision must be limited in duration, unless the action or improvements authorized by the decision are implemented promptly. Any application or permit approved pursuant to this chapter with the exception of rezones shall be implemented within two years of such approval unless other time limits are prescribed elsewhere in the Sedro-Woolley Municipal Code. Any application or permit which is not so implemented shall terminate at the conclusion of that period of time and become null and void.

I. Extension. The examiner may grant one extension of time for a maximum of one year for good cause shown. The burden of justification shall rest with the applicant.

J. Expiration of Large-Scale or Phased Projects. For large-scale or phased development projects, the examiner may at the time of approval or recommendation set forth time limits for expiration which exceed those prescribed in this section for such extended time limits as are justified by the record of the action.

K. Council Action.

1. Council Action Requires Minutes and Findings of Fact. Any application requiring action by the city council shall be evidenced by minute entry unless otherwise required by law. When taking any such final action, the council shall make and enter findings of fact from the record and conclusions therefrom which support its action.

2. Adoption of Examiner’s Findings and Conclusions Presumed. Unless otherwise specified, the city council shall be presumed to have adopted the examiner’s findings and conclusions.

3. Applications to Be Placed on Council Agenda. Except for rezones, which are included in comprehensive plan update dockets, all applications requiring council action shall be placed on the council’s agenda for consideration. (Ord. 2032-22 § 3, 2023; Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.090 Appeals.

A. Scope and Purpose. This section provides the basic procedures for processing all types of land use and development-related appeals. Specific requirements are based upon the type/level of appeal and the appeal authority. Procedures for the following types of appeals are included in this section:

1. Appeals to hearing examiner of administrative decisions and environmental determinations;

2. Appeals to superior court; and

3. Appeals to the State Shorelines Hearings Board.

B. Decision Authority. Section 2.90.070(G), Land Use Permit Procedures, lists the development permits reviewed by the city and the review authority responsible for appeals. Where required permits are subject to different types of permit review procedures, then all the applications are subject to the highest-number procedure, as identified in Section 2.90.070(G), and highest level of review authority that applies to any of the applications.

C. General Information Applicable to All Types of Appeals.

1. Standing. (Reserved)

2. Time to File. (Reserved)

3. Required Form for and Content of Appeals. Any appeal shall be filed in writing. The written notice of appeal shall fully, clearly, and thoroughly specify the substantial error(s) in fact or law which exist in the record of the proceedings from which the appellant seeks relief.

4. Filing of Appeal and Fee. The notice of appeal shall be accompanied by a fee as prescribed by the city fee schedule.

5. Facsimile Filings. Whenever any application or filing is required under this chapter, it may be made by facsimile. Any facsimile filing received at the city after five p.m. on any business day will be deemed to have been received on the following business day. Any facsimile filing received after five p.m. on the last date for filing will be considered an untimely filing. Any party desiring to make a facsimile filing after four p.m. on the last day for the filing must call the city official with whom the filing must be made and indicate that the filing is being made by facsimile and the number to which the facsimile copy is being sent. The filing party must ensure that the facsimile filing is transmitted in adequate time so that it will be completely received by the city before five p.m. In all instances in which filing fees are to accompany the filing of an application, those filing fees must be received by the city before the end of the business day on the last day of the filing period or the filing will be considered incomplete and will be rejected.

6. Notice of Appeal. (Reserved)

7. Restrictions on Subsequent Actions. Any later request to interpret, explain, modify, or retract the decision shall not be deemed to be a new administrative determination creating a new appeal period for any new third party to the permit.

8. Limit on Number of Appeals. The city has consolidated the permit process to allow for only one open record appeal of all permit decisions associated with a single development application.

Any appeal of the action of the hearing examiner in the case of appeals from environmental determinations shall be joined with an appeal of the substantive determination.

9. Exhaust of Administrative Remedies. (Reserved)

D. Appeals to Examiner of Administrative Decisions and Environmental Determinations.

1. Applicability and Authority.

a. Administrative Determinations. Any administrative decision may be appealed to the hearing examiner by submitting a written appeal to the planning department along with the applicable appeal fee.

b. Environmental Determinations. Except for permits and variances issued pursuant to shoreline master program regulations, when any proposal or action is granted, conditioned, or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the hearing examiner under the provisions of this section.

c. Authority. The examiner shall have all of the powers of the office from whom the appeal is taken insofar as the decision regarding the specific issue is concerned.

2. Standing.

a. Standing for Filing Appeals of the City’s Environmental Determinations. Appeals from environmental determinations as set forth in this title may be taken to the hearing examiner by any person aggrieved, or by any officer, department, board or bureau of the city affected by such determination. Any agency or person may appeal the city’s compliance with Chapter 197-11 WAC for issuance of a threshold determination.

b. Standing for Appeals of Administrative Determinations Other Than Environmental. Appeals from administrative determinations of the city’s land use regulation codes and from environmental determination required by the Sedro-Woolley environmental review regulations may be taken to the hearing examiner by any person aggrieved, or by any officer, department, board, or bureau of the city affected by such determination.

3. Time for Appeal. Any such appeal shall be filed in writing with the examiner within the following time limits:

a. Appeals of Environmental Determinations. Appeals of a final environmental determination under the Sedro-Woolley environmental review regulations shall be filed within fourteen days of publication of notice of such determination.

i. A Final DNS. The appeal of the DNS must be made to the hearing examiner within fourteen days of the date the DNS is final.

ii. A DS. The appeal must be made to the hearing examiner within fourteen days of the publication date of the DS in the official city newspaper.

iii. A Final EIS. The appeal of the FEIS must be made to the hearing examiner within twenty days of the date the permit or other approval is issued.

b. Appeals to Examiner of Administrative Determinations Other Than Environmental. Appeals from an administrative decision pursuant to this chapter shall be filed within fourteen days of the date that the action was taken or publication of notice of determination, if applicable.

The appeal from an administrative decision implementing a land use decision of the city council or the hearing examiner pursuant to this chapter shall be filed with the hearing examiner, along with the required fee, within fourteen days of the administrative decision or, if no date of administrative decision can be determined, within fourteen days of the issuance of any permit which requires interpretation of that land use decision, such administrative decision being an essential part of the issuance of the permit, license, or other city permission to proceed.

As between the permit holder and the city, any decision to modify or retract the permit shall give the permit holder a fourteen-day appeal period from the date of the action to modify or retract the permit.

4. Complaints After Expiration of Appeal Time. Any claim that an administrative decision maker has failed to correctly interpret or enforce a land use decision after the expiration of the appeal time established in this section shall not create an appeal right but will be treated as a complaint of noncompliance with the land use decision.

5. Appeal Procedures—Hearing Examiner. The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

a. Notice to Officer. Immediately upon receipt of the notice of appeal, the hearing examiner shall forward to the officer from whom the appeal is being taken a copy of the notice of appeal.

b. Transmittal of Records and Reports. Upon receiving such notice, the officer from whom the appeal is being taken shall transmit to the hearing examiner all of the records pertaining to the decision being appealed, together with such additional written reports as are deemed pertinent. The examiner may request additional information from the applicant.

c. Notice of Hearing Required. A written notice of the time and place of the hearing at which the appeal shall be considered by the examiner shall be mailed to the applicant, all parties of record in the case, and to the officer from whom the appeal is taken not less than ten days prior to the date of the hearing.

d. Content of Hearing. The examiner may hear and consider any pertinent facts pertaining to the appeal.

e. Record Required. For any appeal under this subsection, the city shall provide for a record that shall consist of the following:

i. Findings and conclusions;

ii. Testimony under oath; and

iii. An electronically recorded or written transcript.

f. Electronic Transcript. The city may require the appellant to provide an electronic transcript.

6. Examiner Decision.

a. Substantial Weight. The procedural determination by the SEPA responsible official or city staff shall carry substantial weight in any appeal proceeding. The hearing examiner shall give substantial weight to any discretionary decision of the city rendered pursuant to this chapter/title.

b. Examiner Decision Options and Decision Criteria. The examiner may affirm the decision or remand the case for further proceedings, or it may reverse the decision if the substantial rights of the applicant may have been prejudiced because the decision is:

i. In violation of constitutional provisions; or

ii. In excess of the authority or jurisdiction of the agency; or

iii. Made upon unlawful procedure; or

iv. Affected by other error of law; or

v. Clearly erroneous in view of the entire record as submitted; or

vi. Arbitrary or capricious.

c. Time for Examiner’s Decision. The hearing examiner shall render a written decision within ten days.

7. Appeal of Examiner Decision. Appeal of examiner’s decision shall be handled in accordance with subsection E of this section, Appeals to Superior Court.

E. Appeals to Superior Court.

1. Intent. Appeals pursuant to this section are intended to comply with the Land Use Petition Act, Chapter 36.70C RCW.

2. Applicability. Any decision or order issued by the city pursuant to this section may be judiciary reviewed provided that available administrative appeals have been exhausted.

3. Standing. Those persons with standing to bring an appeal of a land use decision are limited to the applicant, the owner of property to which land use decisions are directed, and any other person aggrieved or adversely affected by the land use decision or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. The terms “aggrieved” and “adversely affected” are defined in RCW 36.70C.060.

4. Content of Appeal Submittal. The content, procedures, and other requirements of an appeal of land use decision are governed by Chapter 36.70C RCW which is incorporated herein by reference as if fully set forth.

5. Time for Initiating Appeal to Superior Court.

a. Appeals of Land Use Decisions. An appeal to superior court of a land use decision, as defined herein, must be filed within twenty-one days of the issuance of the land use decision. For purposes of this section, the date on which a land use decision is issued is:

i. Three days after a written decision is mailed by the city or, if not mailed, the date on which the local jurisdiction provided notice that a written decision is publicly available;

ii. If the land use decision is made by ordinance or resolution by the city council, sitting in a quasi-judicial capacity, the date the body passes the ordinance or resolution; or

iii. If neither subsection (E)(5)(a)(i) nor (ii) of this section applies, the date the decision is entered into the public record.

b. Appeal of Environmental Determinations. Appeal to the superior court of the environmental decision and the substantive determination must be made within twenty days of the substantive determination and must be made by writ of review to the superior court of Washington for Skagit County.

6. Appeals of Other Than Land Use Decisions—Superior Court. Appeals to superior court from decisions other than a land use decision, as defined herein, shall be appealed within the time frame established by ordinance. If there is no appeal time established by an ordinance, and there is no statute specifically preempting the area and establishing a time frame for appeal, any appeal, whether through extraordinary writ or otherwise, shall be brought within twenty-one days of the decision.

F. Appeals of Shoreline Permit Decisions to Shorelines Hearing Board.

1. Standing for Appeals to Shorelines Hearings Board. Any person aggrieved by the granting or denying of a substantial development permit, a conditional use permit and/or a variance on shorelines of the city, or by the rescinding of a permit pursuant to the provisions of the shoreline master program, may seek review from the state of Washington Shorelines Hearing Board.

2. Place and Time for Filing Appeals. Appeals of decisions by the hearing examiner must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request for the same within twenty-one days of receipt of the final order and by concurrently filing copies of such request with the Department of Ecology and the Attorney General’s office as provided in section 18(1) of the Shorelines Management Act of 1971.

3. City Requires Copy of Appeal Notice. A copy of any such appeal notice shall likewise be filed with the planning department of the city of Sedro-Woolley.

4. Limited Utility Extensions and Protective Bulkheads—Appeals. Appeals of substantial development permits, for a limited utility extension as defined in RCW 90.58.140(11) or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion, shall be finally determined by the legislative authority within thirty days. (Ord. 2032-22 § 4, 2023; Ord. 1627-08 § 1 (App. A)(part), 2008)

2.90.100 Submittal requirements—Specific to application type.

The following tables list the submittal requirements for each type of permit application or land use approval which must accompany the required application fees as specified in the city’s fee schedule.

A. Table 2.90.100(A)—Building and Public Works Submittal Requirements.

B. Table 2.90.100(B)—Land Use Permit Submittal Requirements.

Table 2.90.100(A)—Building and Public Works Submittal Requirements
SUBMITTAL REQUIREMENTS	Demolition	Fill and Grade I	Fence or Wall	Interior Remodel: Commercial/Industrial	Manufactured Home	Lot Certification	New Construction or Exterior Addition: Commercial/Industrial and Multifamily	New Construction, Remodel, or Exterior Additions: Single- Family/Duplex	Portable Sign	Re-Roof	Right-of-Way	Utility Construction	Sewer Connection	Sewer Repair	Sign	Wireless Facility
Application Form	1	1	1	1	1		1	1	1	1	1	1	1	1	1	1
Architectural Elevations							4	2
Architectural Plans/Construction Drawings				3			4	2								3
Authorization for Abatement	1
Blocking/Anchoring/Skirting Details					2
Construction Mitigation Description		2					2
Critical Area Reports and Maps	3		3		3		3	3			3		3	3	3	3
Demolition Fixture Unit Count	1
Design Guidelines Compliance Materials					2		2	2
Drainage Plan		2					4	2
Drainage Report		2					2
Energy Code Checklist, Nonresidential				2			2
Energy Code Checklist, Residential								2
Floor Plan				1	1		1	1
Geotechnical Report		2			2		2	2								2
Grading Plan and Written Description of Work		2
Installer Certification					1
Inventory of Existing Sites
Irrigation Plan		2			2		2	2
Health Department Approval				1			1
Land Use Permit Conditions (if any)		1	1		1		1	1							1	1
Landscape Plan		2	2		2		4
Lease Agreement																1
Manufacturer’s Plans					1
NWCAA Approval	1
Pre-Application Meeting Memo		1					1									1
Project Information Sheet with Legal Description	2	2		2	2		4	2
Roadway Construction Plans		1					2				1	1	1	1
Sign Plan									2						2
Site Plan		2	2	2	2		4	2	2		2		2	2		2
Structural Plans and Calculations				2			4	2							2	2
Temporary Erosion and Sedimentation Control Plan (TESCP)		2			2		2	2			2		2	2		2
Title Report with copies of all referenced documents within the report and a complete deed history						1
Topography Map		2	2		2		4	2			2		2	2		2
Tree Cutting/Land Clearing Plan		2			2		2	2					2			2
Utilities Construction Plans		4					4				2		2
Utilities Plan and Profile		4					4				2	2	2	2		2
Valuation		1		1			1	1
Water/Sewer Availability Letter							1	1

Table 2.90.100(B)—Land Use Application Submittal Requirements
SUBMITTAL REQUIREMENTS	Accessory Dwelling Unit	Annexation (10% Notice of Intent)	Annexation (60% Petition)	Appeal	Binding Site Plan	Boundary Line Adjustment	Comp Plan Map Amendment/Rezone	Comp Plan Text Amendment	Conditional Use Permit (Hearing Examiner)	Environmental Review	Environmental Review (Non-Project)	Fill and Grade Permit over 500 Cubic Yards	Home Occupation—Type II	Master Site Plan (Overall)	Master Site Plan (Individual Phases)	Mobile Home Park, Preliminary	Mobile Home Park, Final	Modification/Alteration Request	Planned Action	Plat, Final	Plat, Preliminary	PRD, Preliminary	PRD, Final	Rezone	Shoreline Exemption	Shoreline Substantial Development Permit	Shoreline Conditional Use Permit	Shoreline Variance	Short Plat	Special Use Permit	Temporary Homeless Encampment Permit	Temporary Use Permit	Variance	Waiver	Wetland Permit
10% notice of intent to annex		13
60% petition to annex			13
Affidavit of installation of public information sign		1	1				1		1				1	1	1	1	1				2	1	2	1					2	1		2	1
Affidavit of mailout				1			1	1	2	2	2		1	2	2	1	1				1	1		1						1	1		2
Application fee	x		x	x	x	x	x	x	x	x	x	x	x			x	x		x	x	x	x	x	x	x	x	x	x	x	x	x	x	x
Assessment information		1	1
Authorization for abatement																																5
Binding site plan map					5
Business license application for home occupation													1
Calculations, survey					3	3														3	2	2	3						3
Colored display maps					1				1			1	1	1	1	1				1	1	1	1		1	1	1	1		1	1		1
Construction mitigation description					5				5	5		5		5	5	5				5	5	5				5	5	5	5	5		5			5
Covenant certifying owner resides at property (ADUs)	2
Critical areas checklist		5	5		5		5		5	5	5	5		5	5	5					5	5		5	5		5	5	5		5		5		5
Critical areas site assessment—5 copies																				5															5
Density worksheet						5															5	5							5
Draft deed for any proposed dedication of land for public purposes					4									4	4		4	4			4								4
Draft homeowners’ association documents if applicable					4				4					4	4		4			4			4						4
Draft restrictive covenants, if any					4				4	4		4		4	4		4		5	4			4	4					4
Drainage control plan					5				5	5		5			5	5			5		5	5				5	5		5						5
Drainage report					4				4	4		4			4	4			5		4	4							4						4
Elevations, architectural									10	10					10				5			10	10			10	10	10				5	10
Elevations, grading					4				4	4		4			4	4	4		5		4	4				4	4		4						4
Encampment management responsibility plan																															2
Environmental checklist			10		10		10	10	10	10	10	10		10	10	10			5		10	10		10		10	10	10	10		10				12
Existing covenants (recorded copy)					5	3	5		5	5		5		5	5	5			5		5	5		5		5	5	5	5				5		5
Existing easements (recording copy)					5	3	5		5	5		5		5	5	5			5		5	5		5		5	5	5	5				5		5
Final plat plan																				5
Floodplain map, if applicable									10	10				10	10					10	10	10				10	10	10	10		10	10	10		10
Floor plans	4								5	5					5				5	5		5				5	5	5			5	5	5		5
Geotechnical report					5				5	5					5				5	5		5				5	5	5				5	5		5
Grading plan, conceptual					10				10	10				10	10	10			5		10	10				10	10	10	10
Grading plan, detailed												10							5																12
Joint aquatics resources permit application																									10	1	10	10
Justification for the comprehensive plan amendments and, if applicable, rezone							10	10
Justification for the conditional approval permit (nonconforming structure)
Justification for the conditional use permit request		5							10
Justification for rezone																								10
Justification for variance request																																	10
Skagit County assessor’s map, indicating site							3
Landscaping plan, conceptual									5	5					12	5					5	5				5	5			5
Legal description		4	4		4	1	4	4	4	4		4		4	4	4	4		4	4	4	4	4	4	4	4	4	4	4	4		4	4		4
Legal description—Proposed						1
Letter describing proposed home occupation													1
Letter to examiner/council stating reason(s) for appeal				1
Letter explaining which comprehensive plan text/policies should be changed, and why								1
List of affected property owners within the annexation area boundary		2	2
List of surrounding property owners		2	2				2		2	2		2	2	2	2	2					2	2		2		2	2	2	1	2	2	2	2		2
Lot line adjustment map						5
Mailing envelopes for property owners (assessor’s office list required)		2	2				2		2	2		2	2	2	2	2					3	2		2		2	2	2	3	2	2	2	2		2
Map of existing site conditions							12																								1
Master application form	1		10		5	1	10	10	10	10	10	10		10	10	10	10			5	10	10	5	10	4	10	10	10	10	10	10	5	10
Mobile home park plan																10	10
Monument cards (one per monument)					1															1			1						1
Mylars (signed)					2									2	2		2			2			2						2
Neighborhood detail map		10	10		10	5	10		10	10		10	1	10	10	10	10			5	10	12	5	10	4	10	10	10	10	10	10	5	10
Parking, lot coverage and landscaping analysis					5	5			5	5		5				5							5			5	5	5		5			5
Planned action application																			1
Plat certificate																					3								3
Postage for each set of mailing		2	2				2		2	2			2	2	2	2					2	2		2		2	2	2	1	2	2	2	2		2
Preapplication meeting summary, if any					5		5	5	5	5		5	1	5	5	5		5	5		5	5		5		5	5	5	5	5	5	5	5	5	7
Preliminary plat plan																					10
Project narrative	2	10	10		10	5	10		10	10		10		10	10	10		5	5		10	10		10		4	10	10		10	10	10	5	10
Proposal (non-project, e.g., draft ordinance, plan or policy								10		10
Proposal summary (non-project)								10		10
PUD water availability letter					2												2		2	2			2						2
Screening detail, refuse/recycling					10				10		10				10		10									10					10
Short plat plan																													10
Short plat plan, final																													2
Site plan, land use review	4								10	12				10		10			10			10								10	10	5	10		10
Site plan, shoreline permit																									4
Title report	1				1	1	1		1	1		1		1	1	1		1			1	1		1	1		1	1	1	1			1		1

C. Definitions of Terms Used in Submittal Requirements for Building, Planning and Public Works Permit Applications.

1. Definitions A.

Action: Environmental review procedures, use only.

a. “Actions” include, as further specified below:

i. New and continuing activities (including projects and programs) entirely or partly financed, assisted, conducted, regulated, licensed, or approved by agencies;

ii. New or revised agency rules, regulations, plans policies, or procedures; and

iii. Legislative proposals.

b. “Actions” fall within one of two categories:

i. Project Actions. A project action involves a decision on a specific project, such as a construction or management activity located in a defined geographic area. Projects include and are limited to agency decisions to:

(A) License, fund, or undertake any activity that will directly modify the environment, Whether the activity will be conducted by the agency, an applicant, or under contract.

(B) Purchase, sell, lease, transfer, or exchange natural resources, including publicly owned land whether or not the environment is directly modified.

ii. Non-Project Actions. Non-project actions involve decisions on policies, plans, or programs such as:

(A) The adoption of amendment on legislation, ordinances, rules, or regulations that contain standards controlling use or modification of the environment;

(B) The adoption or amendment of comprehensive land use plans or zoning ordinances;

(C) The adoption of any policy, plan or program that will govern the development of a series of connected actions (WAC 197-11-060), but not including any policy, plan, or program for which approval must be obtained from any federal agency prior to implementations;

(D) Creation of a district or annexations to any city, town or district;

(E) Capital budgets; and

(F) Road, street, and highway plans.

c. “Actions” do not include the activities listed above when an agency is not involved. Actions do not include bringing judicial or administrative civil or criminal enforcement actions (certain categorical exemptions in Chapter 2.88 identify in more detail governmental activities that would not have any environmental impacts and for which SEPA review is not required).

“Administrative authority” means the planning director and/or the public works director of the city of Sedro-Woolley, or his/her duly authorized representative or agent.

“Affidavit of installation of public information sign” means a notarized statement signed by the applicant of applicant’s representative attesting that the required public information sign(s) has been installed in accordance with city code requirements.

“Annexation, ten percent notice of intent” means a petition form, supplied by the city, containing the signatures of property owners as identified in Skagit County assessor’s records as taxpayers of record for properties representing at least ten percent of the assessed valuation for the areas proposed for annexation. Information requested on the form includes the signatures of all identified taxpayers of record, the date of signing, a mailing address, and property identification number of each parcel. Petitions must conform to RCW 35A.01.040.

“Annexation, sixty percent petition” means a petition form, supplied by the city, containing the signatures of property owners as identified in Skagit County assessor’s records as taxpayers of record for properties representing at least sixty percent of the assessed valuation for the areas proposed for annexation. Information requested on the form includes the signatures of all identified taxpayers of record, the date of signing, a mailing address, and property identification number of each parcel. Petitions must conform with RCW 35A.01.040.

“Applicant” means a person who files an application of permit under this title and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.

“Applicant agreement statement” means a signed notarized statement indicating that:

a. The applicant agrees to allow for the potential collocation of additional wireless communication facility equipment by other providers on the applicant’s structure or within the same site location; and

b. That the applicant agrees to remove the facility within six months after that site’s use is discontinued or if the facility falls into disrepair, and restore the site to its pre-existing condition. If there are two or more users of a single wireless communication facility (WCF), then this provision shall not become effective until all users cease using the WCF.

“Application fee” means the appropriate processing fee as required by the Sedro-Woolley Municipal Code.

“Application form, building” means the planning department form required for the type of work to be performed (e.g., grading permit application for grading work, sign permit application for installation of a sign, etc.). Information requested includes the following:

a. Skagit tax assessor’s number for the property;

b. Legal description of property;

c. Street address, if applicable;

d. Property owner’s name, address and phone number;

e. Prime contractor’s business name, address, phone number, current state contractor registration number; and

f. Either the name, address and phone number of the lender administering the interim construction financing, if any, or the name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount fifty percent or more than the total construction project.

“Application form, civil construction” means the city of Sedro-Woolley form used for all public works construction projects. Information requested includes the name, address, and telephone number for the project applicant and property owner, legal description, Skagit County tax assessor’s number, site area, area of impervious surface, description of work, preliminary cost estimate, and, if applicable, water meter size.

“Application form, master” means the city of Sedro-Woolley planning department combined land use permit application form used for most environmental and land use reviews. Information requested includes the name, address, and telephone number for the project applicant, all owners, contact person, tax account number for the property, and other site information.

“Approved testing agency” means an agency, as determined by the Washington Association of Building Officials, whose purpose is to provide special building inspection(s).

“Architectural plans, commercial, industrial, attached dwellings with three or more units” means a twenty-four-inch by thirty-six-inch plan prepared by an architect licensed in the state of Washington (unless project exempted by WAC 18-04-410) drawn at a scale of one-eighth inch equals one foot or one-fourth inch equals one foot, or other size or scale approved by the building official, clearly indicating the information required by the permits section of the currently adopted International Building Code and Chapter 19.27 RCW (State Building Code Act, Statewide amendments), including, but not limited to, the following:

a. General building layout, both existing and proposed—indicate square footage of rooms, use of each room or area, window and door size and ventilation, opening headers, plumbing, ducting, and electrical layout, including penetration protection, IBC occupancy group, and IBC type of construction;

b. Cross section details, as needed, to show typical foundation, floor, wall, ceiling and roof construction; structural members labeled as to size and spacing; bracing, blocking, bridging, special connectors, anchor bolts; insulation of walls, floors and roof/ceiling;

c. Details of stairs, fireplaces and special construction, if any;

d. Skagit County health department approval on plans submitted to the city for dining/food-handling establishments;

e. Skagit County health department approval on plans submitted to the city for public pools/spas;

f. Independent plan review by the State of Washington Labor and Industries Electrical Division for I and E occupancies;

g. Asbestos assessment by the for interior demolition; and

h. Independent review by State Department of Health for hospitals.

“Architectural plans, detached dwellings, semi-attached dwellings, and two attached dwellings” means an eighteen-inch by twenty-four-inch, minimum, plan drawn at a scale of one-fourth inch equals one foot, or other size or scale approved by the building official, clearly indicating the information required by the permits section of the currently adopted International Building Code and Chapter 19.27 RCW (State Building Code Act, Statewide amendments), including, but not limited to, the following:

a. General building layout and room use;

b. Window and door size and window ventilation area;

c. Plumbing, duct, and electrical layout;

d. Opening headers, size and material;

e. Cross section details, as needed, to show typical foundation, floor, wall, ceiling and roof construction, including connection details;

f. Structural members labeled as to size and spacing as well as bracing, blocking, bridging, special connectors, and anchor bolts;

g. Special details as needed, (i.e., stairs, fireplaces, special construction); and

h. Insulation of walls, slab, floors, and roof/ceiling.

“Assessment information” means records obtained from the Skagit County assessor’s office for each tax lot included in an area proposed for annexation. The records display all taxpayers of record and assessed value for each tax lot.

“Authorization for abatement” means an irrevocable signed and notarized statement granting the city permission to summarily abate the use and all physical evidence of that use, if it has not been removed as required by the terms of the permit. The statement shall include a statement that the applicant will reimburse the city for any expenses incurred in abating the use.

2. Definitions B. (Reserved)

3. Definitions C.

“Calculations, survey” means a compilation prepared by a state of Washington licensed land surveyor clearly indicating the dimensions of the boundaries and the closures for each lot, parcel, tract, and block in the plat, short plat, lot line, binding site plan, or lot line adjustment—an approved printed computer plot closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries.

“Colored display maps” means full-size plan sheets of each of the following maps colored with a wide tip marker in order to clearly define the site’s outer property boundary, the area of new construction and/or proposed new lot lines (dashed), existing buildings, landscaping areas, and adjacent street names for use in presenting the project at public hearing and/or to the environmental review committee.

a. Neighborhood detail map;

b. Site plan;

c. Landscaping plan; and

d. Elevations.

“Conditional use permit justification” means a written description/justification setting forth the reasons in favor of the application and addressing the criteria listed in Section 17.56.060, Conditional use permits.

“Construction mitigation description” means a written narrative addressing each of the following:

a. Proposed construction dates (begin and end dates);

b. Hours of operation;

c. Proposed hauling/transportation routes;

d. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics;

e. Any specialty hours proposed for construction or hauling (i.e., weekends, late nights); and

f. Preliminary traffic control plan.

“Covenants, draft” means a proposed, unrecorded written agreement promising performance or nonperformance of certain acts or stipulating certain uses or non-uses of property to be binding upon current and future property owners, including the legal description of that area of property to be encumbered.

“Covenants, existing” means the recorded limitation on property which may be set forth in the property deed and/or identified in a title report.

4. Definitions D.

“Deeds (draft) to city for any land to be dedicated” means a legal document proposing to convey ownership of real property and including a legal description of the area to be dedicated.

“Development” means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land.

“Drainage plan” means the plan for receiving, handling, transporting surface water within the subject property.

“Drainage plan/map” means plans drawn to scale and stamped by a state of Washington licensed engineer and complying with the requirements of the 2005 Department of Ecology’s Storm Water Management Manual for Western Washington.

“Drainage report” means a report stamped by a state of Washington licensed engineer complying with the requirements of the 2005 Department of Ecology’s Storm Water Management Manual for Western Washington.

5. Definitions E.

“Easements, existing” means a recorded document by the property owner granting one or more privileges to use the owner’s land to and/or for the use by the public, a corporation or another person or entity. Easements may be referenced by property deed and are identified in the property title report.

“Easements, proposed” means a draft document, including proposed legal description, listing to whom and for what specific purpose or purposes the easement is to be granted.

“Elevations, architectural” means a twenty-four-inch by thirty-six-inch fully dimensioned architectural elevation plan drawn at a scale of one-fourth inch equals one foot or one-eighth inch equals one foot (or other size or scale approved by the building official) clearly indicating the information required by the permits section of the currently adopted International Building Code and Chapter 19.27 RCW (State Building Code Act, Statewide Amendments), including, but not limited to, the following:

a. Existing and proposed ground elevations;

b. Existing average grade level underneath proposed structure;

c. Height of existing and proposed structures showing finished roof-top elevations based upon site elevations for proposed structures and any existing/abutting structures;

d. Building materials and colors including roof, walls, any wireless communication facilities, and enclosures;

e. Fence or retaining wall materials, colors, and architectural design;

f. Architectural design of on-site lighting fixtures; and

g. Cross-section of roof showing location and height of roof-top equipment (include air conditioners, compressors, etc.,) and proposed screening.

“Encampment management responsibility plan” means a written plan addressing the criteria listed in Section 17.110.020, Application for temporary homeless encampment permit.

“Energy Code checklist, nonresidential” means the standard Washington State Energy Office form requesting the information required under Chapter 51-11 WAC detailing building components to be used to comply with the State Nonresidential Energy Code.

“Energy Code checklist, residential” means the standard Washington State Energy Office form requesting the information required under Chapter 51-11 WAC or city-provided form detailing building components to be used to comply with the State Residential Energy Code.

“Engineering geologist” means a licensed geologist who is experienced and knowledgeable in engineering geology.

“Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

“Engineering geology report” means a report that includes an adequate description of the geology of the site, conclusions, and recommendations regarding the effect of geologic conditions on the proposed development.

“Environmental checklist” means the standard state of Washington form required under WAC 197-11-742 and 197-11-960.

“Erosion control plan, temporary” means drawings of the entire site showing the proposed erosion control measures for the project in conformance with the city of Sedro-Woolley drafting standards (or as approved by the public works department) and 2005 Department of Ecology’s Storm Water Management Manual for Western Washington as adopted by the city of Sedro-Woolley.

6. Definitions F.

“Final plat plan” means the final plat or final short subdivision map (for short subdivisions of five or more lots) shall be drawn to a scale of not less than one inch representing one hundred feet unless otherwise approved by the department, and on sheets eighteen inches by twenty-four inches. The original reproducible drawing shall be in black ink on stabilized drafting film, and shall:

a. Include the date, title, name and location of subdivision, graphic scale, and north arrow.

b. Include names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations.

c. Include lot lines with all property lines dimensioned and square footage of each lot.

d. Include location, dimensions, and square footage of any existing structures to remain within or abutting the plat.

e. Include location of existing conditions (such as wetlands, steep slopes, watercourses, floodplains) on or adjacent to the site which could hinder development.

f. Include reservations, restrictive covenants, easements (including easement language), and any areas to be dedicated to public use, with notes stating their purpose and any limitations. If a new easement is created on the plat, it must show the grantee of the easement rights. If the grantee is the city, a statement of easement provisions reserving, granting and conveying the easement, with a description of the rights and purposes, needs to be made on the plat.

g. Include the lot and block numbering scheme and lot addresses on the plat map. Street names and addresses shall be determined by the department.

h. Contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on site. Shall include dimensions to the nearest one-hundredth of a foot and angles and bearings in degrees, minutes, and seconds.

i. Include coordinates per city surveying standards for permanent control monuments.

j. Display all interior permanent control monuments located per city surveying standards.

k. Be mathematically correct.

l. Contain a legal description of the land to be subdivided on the final mylar.

m. Include certifications:

i. Certification showing that streets, rights-of-way and all sites for public use have been dedicated.

ii. Certification by a licensed land surveyor that a survey has been made and that monuments and stakes will be set.

iii. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable.

iv. Certification by the Skagit County finance department that taxes have been paid in accordance with Section 1, Chapter No. 188, Laws of 1927 (RCW 58.08.030 and 58.08.040) and that a deposit has been made with the Skagit County finance department in sufficient amount to pay the taxes for the following year.

v. Certification by the city finance department that there are no delinquent special assessments and that all special assessments certified to the city treasurer for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full.

vi. Certification of approval to be signed by the planning director.

vii. Certification of approval to be signed by the mayor and attested by the city clerk.

Flood Hazard Data. “Flood hazard data” includes:

a. Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing;

b. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

c. Elevation in relation to mean sea level to which any structure has been floodproofed;

d. Certification by a registered professional engineer or architect that the floodproofing methods criteria in Chapter 17.66 are met.

e. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

“Floor plans, general” means a basic line drawing plan of the general building layout showing walls, exits, windows, and designated uses indicating the proposed locations of kitchens, baths and floor drains, bedrooms and living areas, with sufficient detail for city staff to determine if an oil/water separator or grease interceptor is required and to determine sizing of side sewer.

7. Definitions G.

“Grading plan” means a twenty-two-inch by thirty-four-inch plan drawn by a state of Washington licensed landscape architect at a scale of one inch to forty feet (horizontal feet) and one inch to ten feet (vertical feet) or other size plan sheet or scale approved by the planning department clearly indicating the following:

a. Graphic scale and north arrow;

b. Dimensions of all property lines, easements, and abutting streets;

c. Location and dimension of all on-site structures and the location of any structures within fifteen feet of the subject property or which may be affected by the proposed work;

d. Accurate existing and proposed contour lines drawn at five-foot, or less, intervals showing existing ground and details of terrain and area drainage to include surrounding off-site contours within one hundred feet of the site;

e. Location of natural drainage systems, including perennial and intermittent streams, the presence of bordering vegetation, and flood plains;

f. Setback areas and any areas not to be disturbed;

g. Finished contours drawn at five-foot intervals as a result of grading;

h. Proposed drainage channels and related construction with associated underground storm lines sized and connections shown; and

i. General notes addressing the following (may be listed on cover sheet):

i. Area in square feet of the entire property.

ii. Area of work in square feet.

iii. Both the number of tons and cubic yards of soil to be added, removed, or relocated.

iv. Type and location of fill origin, and destination of any soil to be removed from site.

v. Finished floor elevation(s) of all structures, existing and proposed.

8. Definitions H.

Hearing Examiner. The hearing examiner is appointed by the mayor of the city to conduct public hearings on applications outlined in the city ordinance that creates the hearing examiner, and prepares a record, findings of fact, and conclusions on such applications.

“Heat loss calculation” means a State of Washington Energy Code mandated analysis performed to determine the heat loss of a structure in order to determine the size of the required heating equipment.

9. Definitions I.

“Installer certification” means Washington State Department of Community, Trade and Economic Development (CTED) approval given to those contractors authorized to install manufactured homes and designated by a state-registration number.

10. Definitions J. (Reserved)

11. Definitions K. (Reserved)

12. Definitions L.

“Land use permit conditions” means environmental or land use permit requirements which may have been placed upon the project in addition to any code-mandated requirements in conjunction with a required environmental determination and/or a land use permit. Examples of land use permits include site plan review, conditional use permits and variances.

“List of current property owners and residents” means a listing of all current property owners and residents and their mailing addresses and Skagit County assessor’s account numbers within five hundred feet of the boundaries of the subject site as obtained from a title company or the Skagit County assessor’s office. The list shall include a notarized statement from the applicant attesting that the ownership information provided is current and accurate. “Current” shall mean obtained within the past thirty days unless otherwise approved by the planning department.

13. Definitions M.

“Mailing envelopes” means postage-paid, addressed envelopes including the name, mailing address, and Skagit County assessor’s account numbers (optional) for all property owners and residents within five hundred feet of the boundaries of the subject site.

“Map of existing site conditions” means a plan drawn at the same scale as, or combined with, the grading plan or topography map showing existing topographical or five-foot contours or less, and structural and natural features. The plan shall include major trees, shrubs, large rocks, creeks and watersheds, floodplains, buildings, roadways and trails.

“Master application form” means the standardized application form used for the majority of land use permit applications including, but not limited to, the following:

a. Owner, applicant, and contact person names, addresses and telephone numbers;

b. Notarized signatures of all current property owners;

c. Name of the proposed project;

d. Project/property address;

e. Skagit County assessor’s tax account number;

f. Existing and proposed land uses;

g. Existing and, if applicable, proposed comprehensive plan map designation;

h. Existing and, if applicable, proposed zoning designation;

i. Site area;

j. Estimated project cost;

k. Whether or not the project site contains any environmentally sensitive areas; and

l. Property legal description.

“Mechanical plans” means plans as required per the International Mechanical Code (IMC) and section 1141 of the currently adopted Washington State Energy Code (WSEC) along with Washington State amendments.

“Monument card” means a form provided by the city and filled out by a surveyor providing information regarding a single monument, including the section, township and range, method of location, type of mark found or set, manner of re-establishment of the single monument (if applicable), description, and a drawing showing the location of a single monument and indicating a reference point to that monument.

14. Definitions N.

“Neighborhood detail map” means a map, drawn at a scale of one inch equals one hundred feet or one inch equals two hundred feet (or other scale approved by the planning department). The map shall show the location of the subject site relative to the property boundaries of the surrounding parcels within approximately one thousand feet or approximately two thousand five hundred feet for properties over five acres and identifying the subject site with a darker perimeter line than that of surrounding properties. The map shall also show the property’s lot lines, existing land uses, building outlines, city boundaries of the city of Sedro-Woolley (if applicable), north arrow (oriented to the top of the plan sheet), graphic scale used for the map, and street names for all streets shown.

15. Definitions O. (Reserved)

16. Definitions P.

“Parking, lot coverage, landscaping analysis” means a listing of the following information (may also be included on the first sheet of the site plan):

a. Total square footage of the site;

b. Total square footage of existing area(s) of impervious surfacing;

c. Total square footage of existing natural/undeveloped area;

d. Square footage (by floor and overall total) of each individual building and/or use;

e. Total square footage of the footprints of all buildings;

f. Percentage of lot covered by buildings or structures;

g. Total pavement square footage, both existing pavement to remain plus new pavement proposed to be installed;

h. Square footage of any on-site wetlands;

i. Parking analysis to include the total number of parking spaces required and provided, number of compact and ADA accessible spaces provided, and parking space dimensions;

j. Square footage of landscaping for each area, for interior parking lot landscaping, and total;

k. Allowable and proposed building height;

l. Building setbacks required by code; and

m. Proposed building setbacks.

“Planned action” is defined in WAC 197-11-164 as one or more types of project action that has had significant environmental impacts adequately addressed in an environmental impact statement (EIS) prepared in conjunction with the comprehensive plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project.

a. A project action addressed in a planned action does not require an environmental checklist or threshold determination, but may require the checklist for review to mitigate environmental impacts through the site plan review process.

b. To qualify, a project action shall:

i. Be subsequent to or implementing projects in a comprehensive plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project;

ii. Be located within the city’s adopted urban growth areas;

iii. Be consistent with the comprehensive plan;

iv. Not be an essential public facility, as defined in RCW 36.70A.200.

c. The city council shall designate and approve by ordinance a planned action. The ordinance:

i. Shall describe the type(s) of project action being designated as a planned action;

ii. Shall describe how the planned action meets the criteria in subsection (b) of this definition, including specific references to the EIS;

iii. Shall include findings that the environmental impacts have been identified and adequately addressed in the EIS, subject to project review under WAC 197-11-172;

iv. Should identify any specific mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as a planned action.

d. The planned action may be limited to certain types of development, to specific geographical areas of the city, and/or a time period identified in the EIS, plan, ordinance or resolution.

e. Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. Review of the project shall include:

i. Verification that it meets the description and implements any applicable conditions or mitigation measures identified in the designating ordinance or resolution;

ii. Verification that the proposed significant adverse environmental impacts of the project have been adequately addressed in the EIS.

“Plat certificate” means a document prepared by a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances. In the case of a final plat, the certificate shall be dated within forty-five days prior to the granting of the final plat by the city council.

“Plumbing plan” means plans as required by the currently adopted Uniform Plumbing Code (UPC) and state amendments.

“Preliminary plat or binding site plan” means a plan, with a two-inch border on the left edge and one-half-inch on all other sides, prepared by a state of Washington registered land surveyor in accordance with RCW 18.43.020 and/or Chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet on an eighteen-inch by twenty-four-inch plan sheet (or other size or scale approved by the planning department) and shall include the following:

a. Name of the proposed preliminary plat or binding site plan (and space for the future city file numbers).

b. Names and addresses of the engineer, licensed land surveyor, and all property owners.

c. Legal description of the property to be subdivided.

d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet.

e. Vicinity map (a reduced version of the neighborhood detail map as defined above).

f. Drawing of the subject property with all existing and proposed property lines dimensioned. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Indicate the required yards (setbacks) with dashed lines.

g. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights-of-way.

h. Names, locations, types, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations.

i. Location, distances from existing and new lot lines, and dimensions of any existing and proposed structures, existing on-site trees, existing or proposed fencing or retaining walls, freestanding signs, and easements.

j. Location of existing conditions on or adjacent to the site which could hinder development.

k. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area.

l. A legend listing the following included on the first sheet of the preliminary plat plan:

i. Total area in acres;

ii. Proposed number of lots;

iii. Zoning of the subject site;

iv. Proposed square footage in each lot; and

v. Percentage of land in streets and open space.

m. Access and Utilities. Indicate how the proposed subdivision will be served by streets and utilities, show how access will be provided to all lots, and the location of sewer and water lines.

n. Contours and Elevations. Shall include contour and/or elevations (at five-foot vertical intervals minimum) to the extent necessary to accurately predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least one hundred feet beyond the boundaries of the proposed plat.

o. Zoning. Shall indicate the zoning applicable to the land to be platted, subdivided or dedicated and of the land adjacent and contiguous.

“Project information sheet” means an eight and one-half-inch by eleven-inch sheet of paper listing the following information:

a. Job address;

b. Property owner’s name;

c. Skagit County tax assessor’s number;

d. Legal description of property.

“Project narrative” means a clear and concise description and summary of the proposed project, including the following:

a. Project name, size and location of site;

b. Zoning designation of the site and adjacent properties;

c. Current use of the site and any existing improvements;

d. Special site features (i.e., wetlands, water bodies, steep slopes);

e. Statement addressing soil type and drainage conditions;

f. Proposed use of the property and scope of the proposed development (i.e., height, square footage, lot coverage, parking, access, etc.);

g. Proposed off-site improvements (i.e., installation of sidewalks, fire hydrants, sewer main, etc.);

h. Total estimated construction cost and estimated fair market value of the proposed project;

i. Estimated quantities and type of materials involved if any fill or excavation is proposed;

j. Number, type and size of trees to be removed;

k. Explanation of any land to be dedicated to the city; and

l. For shoreline applications only:

i. Name of adjacent water area or wetlands;

ii. Nature of existing shoreline—describe:

(A) Type of shoreline (i.e., lake, stream, lagoon, marsh, bog, floodplain, floodway);

(B) Type of beach (i.e., accretion, erosion, high bank-low bank);

(D) The extent and type of any bulkheading; and

iii. The number and location of structures and/or residential units (existing and potential) which might have views obstructed as a result of the proposed project; and

m. The proposed number, size, and density of the new lots, for subdivision applications only.

“Proposal description” means a complete, unabridged copy of the proposal (i.e., draft ordinance, resolution, plan or policy) and all attachments.

“Proposal summary” means a concise description of the scope, intent and timing of the proposal.

“Public works approval letter” means written confirmation from the public works department that all required improvements have been substantially installed or deferred and authorizing the submittal of the final plat, final short plat, final binding site plan, or final PUD application.

17. Definitions Q. (Reserved)

18. Definitions R.

“Rezone justification” means a written statement and other information provided by the applicant to support the rezone which may include, but is not limited to: letters, photographs, site development plans, market research reports, and land use maps indicating in a clear and concise manner why the rezone application should be granted and that the rezone request is timely.

“Roadway construction plans” means plans prepared by a state of Washington licensed civil engineer as detailed by the document City of Sedro-Woolley Public Works Department Standards.

19. Definitions S.

“Screening detail, refuse/recycling” means a detailed plan drawing, prepared to scale, showing location within property boundaries, heights, elevations, and building materials of proposed screening or of proposed plantings.

“Short plat or binding site plan map, final” means a plan, with a two-inch border on the left edge and one-half inch on all other sides, prepared by a state of Washington registered land surveyor in accordance with RCW 18.43.010 and/or Chapter 58.17 RCW, fully dimensioned, drawn at a scale of one inch equals forty feet on eighteen-inch by twenty-four-inch plan sheet(s) (or other scale approved by the planning director). The reproducible original shall be in black ink on stabilized drafting film and shall include the following:

a. Name and location of the short plat or binding site plan;

b. Space reserved for “city of Sedro-Woolley file number” (large type) at top of first sheet;

c. Legal description of the property;

d. Date, graphic scale, and north arrow;

e. Vicinity map (a reduced version of the “neighborhood detail map” as defined above);

f. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations. Shall show all utilities, streets, existing and new easements and associated covenants within or abutting the short plat. If a new easement is created on the plat, it must show grantee of easement rights. If the grantee is the city, a statement of easement provisions reserving and conveying the easement, with a description of the rights and purposes, needs to be made on the short plat;

g. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Lot lines with all property lines dimensioned and square footage of each lot;

h. Lot numbers;

i. Addresses for each lot and new street names determined by the department;

j. Reservations, restrictive covenants, easements and any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee. If the grantee is the city, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown;

k. Coordinates per city surveying standards for permanent control monuments;

l. All interior permanent control monuments located per city surveying standards;

m. Statement of equipment and procedure used per WAC 332-130-100;

n. Basis for bearing per WAC 332-130-150(1)(b)(iii);

o. Date the existing monuments were visited per WAC 332-103-050(1)(f)(iv);

p. Verification that permanent markers are set at corners of the proposed lots;

q. Statement of discrepancies, if any, between bearing and distances of record and those measured or calculated;

r. Location, dimensions and square footage of any existing structures to remain within or abutting the plat;

s. Location of existing conditions (such as wetlands, steep slopes, watercourses) on or adjacent to the site which could hinder development;

t. Reference to all agreements or covenants required as a condition of approval;

u. For binding site plans only: provisions requiring site development to be in conformity with the approved binding site plan;

v. Certifications by:

i. A state of Washington licensed land surveyor that a survey has been made and that monuments and stakes have been set;

ii. The Skagit County department of health that the proposed septic system(s) is acceptable to serve the plat if not served by sewer;

w. Signature and date line for:

i. All property owners (signatures must be notarized with an ink stamp);

ii. The Skagit County assessor;

iii. The city of Sedro-Woolley city clerk-treasurer with the following text preceding: “There are no delinquent special assessments and any special assessments for any dedicated property herein contained have been paid in full”; and

iv. The public works director.

“Short plat map, preliminary” means a fully dimensioned plan, drawn at a scale of one inch equals forty feet on an eighteen-inch by twenty-four-inch plan sheet (or other size or scale approved by the planning director) and including the following information:

a. Name of the proposed short plat (and space for the future city file number);

b. Names and addresses of the engineer, licensed land surveyor, and all property owners;

c. Legal description of the property;

d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet;

e. Vicinity map (a reduced version of the “neighborhood detail map” as defined above);

f. A drawing of the subject property with all existing and proposed property lines dimensioned, indicating the required yards (setbacks) with dashed lines;

g. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights-of-way, showing how access will be provided to all lots;

h. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations;

i. Contours and elevations at minimum five-foot vertical intervals to the extent necessary to predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least one hundred feet beyond the boundaries of the proposed short plat;

j. Location and dimensions of any existing and proposed structures, existing on-site trees, existing or proposed fencing or retaining walls, freestanding signs, and easements;

k. Location of existing conditions on or adjacent to the site which could hinder development;

l. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area; and

m. A legend listing the following included on the first sheet of the short plat plan:

i. Short plat;

ii. Proposed number of lots;

iii. Zoning of the subject site;

iv. Proposed square footage in each lot; and

v. Proposed square footage of land in streets and open space.

“Sign plans” means a plan drawn at a scale approved by the building official clearly indicating the following:

a. Footing connections to building, size of supports and materials used in supports and sign itself;

b. Elevation showing size and height of any proposed freestanding or projecting signs clearly indicating ground clearance and clearance to overhead power lines; and

c. Elevation of building facade for any proposed wall signs showing dimensions of the building as well as existing and proposed wall signs.

“Site plan, commercial, industrial, multifamily” means a twenty-four-inch by thirty-six-inch plan drawn by a state of Washington licensed architect at a scale of one inch equals twenty feet or one inch equals forty feet (or other size plan sheet or scale approved by the building official) clearly indicating the following:

a. Scale and north arrow;

b. Legal description;

c. Location, identification, and dimensions of all buildings, property lines, setbacks, streets, alleys and easements;

d. Condition of all public rights-of-way and verification of right to use easements;

e. Off-street parking layout and driveways;

f. Curbs, gutters, sidewalks, paving, storm drainage, meters (domestic and fire), and grease interceptors;

g. Grading plan showing proposed and existing contours and site elevations;

h. Landscaped areas, irrigation meters;

i. Lighting and sign structures (new and existing);

j. Location of garbage containers and recycling storage;

k. Fire hydrant locations (new and existing) within three hundred feet of building;

l. For wireless communication facilities, indicate type and locations of existing and new plant materials used to screen facility components and the proposed color(s) for the facility;

m. General notes addressing the following (may be listed on cover sheet):

i. Full name of the project;

ii. Name, address, and telephone number of owner and agent(s);

iii. Existing zoning of the project site;

iv. Area, in square feet, of the project site;

v. Reference to the current International Building Code (i.e., IBC and date of current adopted version);

vi. Proposed use of each building (if multifamily, the number of dwelling units);

vii. IBC occupancy group designation;

viii. IBC type of construction of all buildings;

ix. Allowable and proposed building height and number of stories of new buildings;

x. Square footage (by floor and overall total) of each individual building and/or use;

xi. Total square footage of all buildings (footprint of each building);

xii. Allowable area calculation;

xiii. Occupancy load (maximum capacity) of each building;

xiv. Percentage of lot coverage;

xv. Square footage of all landscaping (total, parking lot, and wildlife habitat);

xvi. Seismic zone of the project site;

xvii. Floor, roof, and wind design loads;

xviii. Identity of special inspection agency selected by the owner to perform special inspections;

xix. Building setbacks required by code;

xx. Proposed building setbacks;

xxi. Parking analysis, including:

(A) Number of stalls required, by use; number of stalls provided, by use;

(B) Sizes of stalls and angles;

(D) Location and size of curb cuts;

(E) Traffic flow within the parking, loading, and maneuvering areas and ingress and egress;

(F) Location of wheel stops;

(G) Loading space;

(H) Stacking space; and

(I) Square footage of interior parking lot landscaping.

“Site plan, sign” means a twenty-four-inch by thirty-six-inch plan drawn at a scale of one inch equals twenty feet or one inch equals forty feet (or other size plan sheet or scale approved by the building official) clearly indicating the following:

a. Scale and north arrow;

b. Location, identification and dimensions of all buildings, property lines, existing and proposed signs, streets, alleys and easements, and the setbacks from property lines and easements;

c. Location and dimensions of off-street parking layouts and driveways;

d. Location and dimensions of the landscaped areas;

e. General notes addressing the following (may be listed on cover sheet):

i. Note if any proposed signage will flash or be animated;

ii. Name, address and telephone number of owner and agent(s);

iii. Zoning of the project site;

iv. Street frontage(s) (in feet) for the site or, for multiple tenants building, indicate frontage of individual tenant space;

v. Type (e.g., freestanding, wall, etc.), size and number of all existing signs;

vi. Type, size and number of all proposed signs;

vii. Reference to the current sign code; and

viii. Wind design loads.

“Site plan, single-family/duplex” means an eight-and-one-half-inch by eleven-inch plan drawn at a scale of one inch to twenty feet or one inch to forty feet (or other size plan sheet or scale approved by the building official) clearly indicating the following:

a. Legal description;

b. Explanation of scope of work;

c. Existing and proposed construction labeled and differentiated by pattern or line type;

d. Dimensions of all property lines and all building setbacks to property lines;

e. Dimensions and labels for all streets, alleys, and/or easements;

f. Lot size in square feet;

g. Location and footprint size in square feet of all existing and proposed structures on property including decks, carports, storage sheds, and garages;

h. Location and dimensions of approaches, driveways and public sidewalks;

i. Elevation at property corners and contour lines at two-foot height intervals, showing proximity to steep slopes;

j. Finished floor elevation for properties located within a flood zone;

k. The location, height and length of retaining walls, rockeries, etc.;

l. Location and distance in feet of nearest fire hydrant to structure; and

m. Location of any pool/spa and setback dimensions to property lines and the location of the required six-foot fence.

“Stream and lake data” include the following information, prepared as specified:

a. Field Location. The ordinary high water mark shall be flagged in the field by a qualified consultant. The field flagging must be accompanied by a stream or lake reconnaissance report.

b. Reconnaissance Report. The report shall include the following information:

i. In addition to any submittal requirements in this chapter, the site map(s) shall indicate:

(A) The entire parcel of land owned by the applicant and the ordinary high water mark determined in the field;

(B) Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale;

(C) The vegetative cover of the stream or lake, banks, and the site identification of the dominant plant and animal species;

ii. Stream or Lake Assessment. A narrative report shall be prepared to accompany the site plan which describes:

(A) The vegetative cover of the stream or lake, banks, and the site, identifying the dominant plant, fish, and animal species;

(B) If mitigation is proposed, a mitigation plan which includes baseline information, environmental goals and objectives, performance standards, construction plans, a monitoring program and a contingency plan;

(C) If stream or lake or associated buffer changes are proposed, the applicant shall evaluate alternative methods of developing the property using the following criteria in this order:

(1) Avoid any disturbances to the stream, lake or buffer;

(2) Minimize any stream, lake or buffer impacts;

(3) Compensate for any stream, lake or buffer impacts;

(4) Restore any stream, lake or buffer area impacted or lost temporarily; and

(5) Enhance degraded stream or lake habitat to compensate for lost functions and values;

(D) Any proposed alteration of lakes or streams shall be evaluated by the planning director using the above hierarchy.

“Street lighting plan” means a drawing showing the proposed lighting system, including luminaries, junction boxes, electric wiring, and wiring diagrams using the same scale as the utility plans of the public works department and conforming to the city of Sedro-Woolley street light standards.

“Structural calculations” means an analysis of loads, materials, etc., prepared and stamped by a state of Washington licensed professional engineer.

“Structural plans” means twenty-four-inch by thirty-six-inch plans prepared and stamped by a state of Washington licensed professional engineer drawn at a scale of one-eighth inch equals one foot (or other size or scale approved by the building official) clearly indicating the information required by the permits section of the currently adopted International Building Code and Chapter 19.27 RCW (State Building Code Act, Statewide amendments), including, but not limited to, the following:

a. Structural members labeled as to size and spacing as well as bracing, blocking, bridging, special connectors, and anchor bolts;

b. Cross-section details, as needed, to show typical foundation, floor, wall, ceiling and roof construction; insulation of walls, floors and roof/ceiling; and

c. Details of stairs, fireplaces and special construction, if any.

“Survey” means a sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in ten thousand feet per city surveying standards. Shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or re-established corners with descriptions of the same and the actual traverse showing error of closure and method of balancing.

20. Definitions T.

“Topography map” means a map showing the existing land contours using vertical intervals of not more than five feet. For any existing buildings the map shall show the finished floor elevations of each floor of the building.

“Traffic study” means a report prepared by a state of Washington licensed engineer containing the elements and information in sufficient detail to define potential problems related to the proposed development and identify the improvements necessary to accommodate the development in a safe and efficient manner.

“Tree cutting/land clearing (tree inventory) plan” means a plan, based on finished grade, drawn to scale with the northern property line at the top of the paper clearly showing the following:

a. All property boundaries and adjacent streets;

b. Location of all areas proposed to be cleared;

c. Types and sizes of vegetation to be removed, altered or retained. This requirement applies only to trees eight inches in diameter for evergreens and ten inches in diameter for deciduous trees at a point five feet from the ground, and larger;

d. Future building sites and drip lines of any trees which will overhang/overlap a construction site; and

e. Location and dimensions of rights-of-way, utility lines, and easements.

21. Definitions U.

“Utilities construction plans” means plans prepared by a state of Washington licensed civil engineer as stipulated by the city of Sedro-Woolley standards.

“Utilities plan, generalized” means a plan drawn on twenty-two-inch by thirty-four-inch plan sheets using a graphic scale of one inch equals twenty feet (or other scale or size approved by the public works department) clearly showing all existing (to remain) and proposed public or private improvements to be dedicated or sold to the public including, but not limited to: curbs, gutters, sidewalks, median islands, street trees, fire hydrants, utility poles, refuse areas, freestanding lighting fixtures, utility junction boxes, public utility transformers, etc., along the full property frontage. The finished floor elevations for each floor of proposed and existing (to remain) structures shall be shown.

22. Definitions V.

“Variance justification” means a written statement setting forth the reasons in favor of the application and addressing the criteria listed in Chapter 17.60 which are used by the hearing examiner/administrative staff when reviewing the variance request.

23. Definitions W. (Reserved)

24. Definitions X. (Reserved)

25. Definitions Y. (Reserved)

26. Definitions Z. (Reserved)

(Ord. 2036-23 §§ 4, 5, 2023; Ord. 1954-20 § 1 (Exh. A)(part), 2020; Ord. 1884-17 § 2, 2017; Ord. 1816-15 § 3 (Exh. A)(part), 2015; Ord. 1627-08 § 1 (App. A)(part), 2008)