Chapter 20.27


20.27.010    Purpose.

20.27.020    When required.

20.27.030    Land use applications – Level IV.

20.27.040    Review procedures, decision – Level IV.

20.27.045    Concurrency review.

20.27.050    Appeals.

20.27.010 Purpose.

The purpose of Level IV procedures is to handle applications which require a quasi-judicial public hearing before the hearing examiner or planning commission and recommendation to the Walla Walla city council. The Level IV review process provides for public involvement in the hearing process with mailed notice to the surrounding property owners.

The purpose of the public hearing for Level IV applications is to obtain information on the proposal and its relationship to the relevant criteria and standards of this code, the Subdivision Code in Title 19, the Shoreline Master Program, and the policies of the Comprehensive Plan in order to make an informed recommendation to the city council. (See Chapter 20.36, Public Hearings.) (Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 27(part), 1997).

20.27.020 When required.

Level IV applications are required for:

A. Site-specific amendments to the Official Zoning Map;

B. Subdivision preliminary plats;

C. Shoreline substantial developments;

D. All other proposals determined by the director to be Level IV proposals. (Ord. 2018-53 § 11(part), 2018: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 27(part), 1997).

20.27.030 Land use applications – Level IV.

Level IV applications shall be made in writing to the department on forms supplied by the department. The application shall contain the information required in Section 20.14.040. Any required site plan as determined by the applicable regulation shall accompany the application. The department may request any additional information necessary to clarify the application, or determine compliance with this code. (Ord. 2018-53 § 11(part), 2018: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 27(part), 1997).

20.27.040 Review procedures, decision – Level IV.

The following procedures will be followed for the review of Level IV applications:

A. Approving Authority/Reviewing Body. Final decision on Level IV applications is made by the approval authority (city council) following receipt of recommendation from the reviewing body (hearing examiner or planning commission) after public hearing. The city council does not hold an additional public hearing on Level IV applications. The city council may require or permit corrections of ministerial errors or inadvertent omissions from the record. For site-specific rezones, the reviewing body will follow the procedures and review criteria as provided in Chapter 20.48. The reviewing body responsible for the type of application specified in Section 20.27.020 is as follows:

1. Hearing Examiner.

a. Site-specific zoning amendments to the Official Zoning Map.

b. Subdivision preliminary plats, except planned unit developments.

c. Other proposals determined by the director to require Level IV review by the hearing examiner.

2. Planning Commission.

a. Planned unit development preliminary plats.

b. Shoreline substantial developments pursuant to the Shoreline Master Program and the applicable provisions of this code.

c. Other proposals determined by the director to require Level IV review by the planning commission.

B. Site Plan Review/Staff Report. Applications for site-specific zone changes do not require a site plan. However, for this type of application, the applicant has the option of submitting a site plan as would be required if the change of zone were approved and consistent with the Comprehensive Plan designation. Proposals requiring site plan review will be sent to the site plan review committee by the department no later than fourteen days after the application has been determined to be complete. The site plan review process shall be as set forth in Chapter 20.46, Site Plan Review Committee. The department shall coordinate and assemble the comments received. The comments shall be included in a staff report prepared by the department. The staff report shall summarize the proposal with the department’s proposed findings, conclusions, and recommendations. The staff report is then submitted to the reviewing body for consideration at a public hearing and recommendation to the approving authority (city council).

C. SEPA Review. All Level IV applications will be reviewed by the department and, if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

D. Reviewing Body Recommendation. The reviewing body shall, following the public hearing, forward its recommendation to the city council to approve, deny, or approve with such conditions as are necessary to bring the proposal into conformance with the standards of this code and the policies of the Comprehensive Plan. Conditions of approval may include actions necessary to avoid imposition of undue public service obligations on the city, or mitigation of detrimental effects on other property owners. Conditions of approval shall be based on the standard or policy which permits or requires such condition.

E. City Council Decision. The city council shall at a public meeting review the recommendation of the reviewing body and consider the same. The city council shall vote to approve, disapprove or modify the proposal, or shall vote to refer the matter back to the reviewing body. The city council may uphold, amend, or reverse a finding or recommendation of the reviewing body.

F. Issuance of Building Permits. No use resulting from or requiring a Level IV decision shall be entitled to a building permit unless and until the approving authority approves the application. The Level IV decision is not a building permit and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2018-53 § 11(part), 2018: Ord. 2008-06 § 46, 2008: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 27(part), 1997).

20.27.045 Concurrency review.

No approval or permit shall be issued on a proposal until concurrency requirements are satisfied. (Ord. 2012-09 § 20, 2012).

20.27.050 Appeals.

Decisions by the city council under Level IV review may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.