Chapter 20.01A
POST-DECISION REVIEW PROCEDURES
Sections:
20.01A.030 Extension of approval.
20.01A.040 Post-decision modifications.
20.01A.050 Administrative modifications.
20.01A.060 Revocation of permits.
20.01A.010 Purpose.
The purpose of this chapter is to identify actions that a development permit applicant or the city may take after approval of the development application. (Ord. 2021-019 § 1 (Exh. A))
20.01A.020 Starting activity.
City approval of Type A-1, A-2, B, C-1, C-2, and C-3 permit applications are assumed valid (unless overturned by an appeal decision). Project activity may start before the end of an appeal period, or may continue if under appeal, at the applicant’s sole risk.
For shoreline permits, activity may not start until 21 calendar days from the date of the notice of decision as required by WAC 173-27-190 or as otherwise outlined in SMC Title 19, Shoreline Master Program. (Ord. 2021-019 § 1 (Exh. A))
20.01A.030 Extension of approval.
A. After approval of a permit application, within 14 calendar days before the date the permit expires, the property owner may make a written request for an extension of time. The director of the department of community development (DCD director), upon consultation with other development review departments, may grant an extension of time for the permit approval, up to but not exceeding one year. Any time extensions must be based on all the below findings:
1. The approved permit is compliant with all applicable development codes at the time of the extension request unless otherwise allowed by vesting laws.
2. There has been no material change of circumstances applicable to the property since project permit approval.
3. The property owner has provided good cause for the delay and demonstrated the likelihood that the project will be started within the additional year.
4. The DCD director has not granted any previous time extensions for the project.
B. Once the approval time period and any extension has expired, the approval terminates, and the application is void.
C. The permit approval will remain valid as long as the action proposed in the application has physically started and is in progress.
D. See WAC 173-27-090 for time to start shoreline development and WAC 173-27-100 for revising issued shoreline permits. (Ord. 2021-019 § 1 (Exh. A))
20.01A.040 Post-decision modifications.
A. This section sets forth the procedures for reviewing and granting requests to modify any final approval on a permit granted by the city for Type A-1, A-2, B, C-1, C-2, and C-3 permits, except for final plats (preliminary plats are subject to this code language) and shoreline permits, which are covered in Chapter 17.25 SMC and SMC Title 19, respectively.
B. Modifications to Type A-1 and Type A-2 Permit Approvals.
1. Type A-1 or A-2 approved permits that seek modification and meet the criteria of subsections (B)(3) and (4) of this section must follow the procedures for Type A-1 permit process review in SMC 20.01.080.
2. A property owner or successor in interest to the approved application may submit a post-decision modification application form and appropriate fee to the city for an approved permit that has not expired.
3. The following are nonexclusive, nonbinding examples of modifications that may be considered and approved under this section:
a. Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
b. Changes to street design that provide a plan superior to the approved street design if the changes still comply with the city’s adopted street standards as determined by the city engineer or public works director.
c. Reduction in the number of units, as long as the modification meets the residential minimum density requirement.
d. Reduction in square footage amount.
e. Increase of the square footage of no more than 10 percent of gross square footage.
f. A change to a condition of approval that does not modify the intent of the original condition or original approval. Additional conditions of approval may be included as a result of the post-decision modification.
g. Reconfiguration or addition of designated open space or recreation areas as long as there is no reduction in the minimum required overall area.
h. Reconfiguration of the parking area as long as there is no reduction in the minimum amount of required parking space.
4. The DCD director, upon consultation with other development review departments, may approve a proposed post-decision modification if all the following criteria are met:
a. No increase in density or number of dwelling units.
b. No increase in square footage of more than 10 percent of gross square footage.
c. No reduction in the amount of required landscaping or open space is proposed.
d. No reduction in the required amount of parking is proposed.
e. All applicable development standards remain met.
f. A modification that does not meet the above criteria but does not alter more than 10 percent of any approved dimensional requirement (excluding building height or density) may be approved.
5. The DCD director, upon consultation with other development review departments, may determine that the proposed post-decision modification to an approved permit will require review as a new application rather than as a modification if it exceeds the provisions of this section.
C. Modifications to Type B, C-1, C-2, or C-3 Permit Approval.
1. Type B, C-1, C-2, and C-3 approved permits that seek modification and meet the criteria of subsections (C)(3) and (4) of this section will follow the procedures for Type A-2 permit process review (SMC 20.01.090), including issuance and distribution of a notice of application.
2. A property owner or successor in interest to the approved application may submit a post-decision modification application form and appropriate fee to the city for an approved permit that has not expired.
3. The following are nonexclusive, nonbinding examples of modifications that may be considered and approved under this section:
a. Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
b. Changes to street design that provide a plan superior to the approved street design if the changes still comply with the city’s adopted street standards in the determination of the city engineer or public works director.
c. Reduction in the number of units, as long as the modification meets the residential minimum density requirement.
d. Reduction in building square footage amount.
e. Increase of the square footage of no more than 10 percent of gross square footage.
f. A change or revision to a condition of approval that does not modify the intent of the original condition or original approval. Additional conditions of approval may be included as a result of the post-decision modification.
g. Reconfiguration or addition of designated open space or recreation areas as long as there is no reduction in the minimum required overall area.
h. Reconfiguration of the parking area as long as there is no reduction in the minimum amount of required parking space.
4. The DCD director, upon consultation with other development review departments, may approve a proposed post-decision modification if all the following criteria are met:
a. No increase in density or number of dwelling units.
b. No increase in square footage of more than 10 percent of gross square footage.
c. No reduction in the amount of required landscaping or open space is proposed.
d. No reduction in the required amount of parking is proposed.
e. All applicable development standards remain met.
f. A modification that does not meet the above criteria but does not alter more than 10 percent of any approved dimensional requirement (excluding building height or density) may be approved.
5. The DCD director, upon consultation with other development review departments, may determine that the proposed post-decision modification to an approved permit will require review as a new application rather than as a modification if it exceeds the provisions of this section.
D. An application for post-decision modification does not extend the deadline for filing an appeal, does not stay any appeal proceedings, and does not extend any deadline for permit expiration. (Ord. 2021-019 § 1 (Exh. A))
20.01A.050 Administrative modifications.
The DCD director may administratively modify or revise approved conditions of approval or other written decision statements without being subject to the procedures in Chapter 20.01 SMC if doing so clarifies ambiguities or conflicts in a decision, corrects errors identifiable from the record, or is warranted by change of laws. Any administrative modification or revision must be documented in writing and made part of the approved permit file. This section does not authorize the DCD director to alter any vested rights of an approved permit. (Ord. 2021-019 § 1 (Exh. A))
20.01A.060 Revocation of permits.
A. The DCD director may determine that an approved permit should be suspended or revoked upon finding:
1. Approval of the permit was obtained by misrepresentation of material fact.
2. The permit is being exercised contrary to the terms of approval.
3. The original conditions of approval cannot be satisfied.
B. The DCD director must provide the property owner and permit applicant at least 30 calendar days’ written notice of the intent to suspend or revoke a permit. Unless otherwise outlined in the SMC, the revocation will automatically occur upon the date specified by the notice unless the property owner or permit holder files an appeal of the Type A-1 decision to suspend or revoke as provided in SMC 20.01.240. If an appeal is filed, the revocation will not occur unless and until the appeal is concluded, and then only if the DCD director’s decision is upheld.
C. The DCD director may revoke a permit on fewer than 30 calendar days’ notice or upon no notice at all if, but only if, the property owner’s or permit holder’s continued activities will result in imminent danger to persons or property or otherwise create irreparable harm. In the event of such an extraordinary situation, the property owner or permit holder may file an appeal of the revocation and seek an expedited appeal hearing. Such an expedited hearing will occur at the earliest opportunity and will be given priority over any other matter on the hearing examiner’s schedule that may be legally delayed. (Ord. 2021-019 § 1 (Exh. A))