Chapter 21.80 PROJECT PERMIT REVIEW PROCEDURES

Fundamental land use planning choices made in adopted Comprehensive Plans and development regulations shall serve as the foundation for project review. The purpose of this chapter is to establish procedures for processing and reviewing permit applications and permits that reference this chapter. (Ord. 782 § 19, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.020 Applicability.

(1) This chapter applies to all project and construction permits stated in this chapter and any permit that references this chapter, unless specified otherwise by law.

(2) State agencies shall comply with this chapter as set forth in RCW 36.70A.103, except as otherwise provided by law. (Ord. 782 § 20, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.030 Determining decision type.

(1) All project and construction permits are desginated and processed as either a Type 1, Type 2 or Type 3 decision described as follows:

(a) Type 1 decisions are administrative or ministerial actions that do not require public notice or a predecision hearing and do not require SEPA review or SEPA review is previously completed;

(b) Type 2 decisions are administrative actions requiring public notice but do not require a predecision hearing;

(2) The Director shall determine the proper decision type and review process consistent with this chapter for each permit application.

(3) If there is a conflict in which decision type to apply, the resolution shall be in favor of the higher decision type with a Type 1 decision being the lowest and a Type 3 decision being the highest. (Ord. 782 § 21, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.035 Order of processing permits.

(1) If a project proposal involves two or more permits, the highest type of decision and associated procedures must be finalized before subsequent permits can be issued. The Director may waive this requirement for those permits not dependent on other permits for their justification or implementation.

(2) Except when the optional consolidated review process prescribed in WMC 21.80.040 is used, submission of a construction permit application dependent on other permit decisions to justify or implement their approval shall be determined incomplete and subject to the provisions in WMC 21.80.100 if the submission of the construction permit application is prior to the relied upon permit decisions becoming final. The Director may but is not required to waive this requirement if the provisions in this chapter are not negatively affected. (Ord. 782 § 22, 2025)

21.80.040 Optional consolidated review process.

(1) An applicant may elect to submit a consolidated permit application for project proposals involving two or more permit applications rather than having the permit applications processed individually. The applicant shall make such an election in writing upon and simultaneously with submission of all permit applications to be considered under the consolidated review process.

(2) The City shall process all permit applications identified in the consolidated review as one application using the procedures and time frame of the permit application having the highest type of decision.

(3) The consolidated review process shall be composed of the following:

(a) A mandatory intake meeting pursuant to WMC 21.80.060(2);

(b) Submission of a single application packet satisfying all submission requirements for each individual permit application;

(c) A single determination of completeness shall be used for all permit applications included in the consolidated review;

(d) A single notice of application with a single comment period shall be issued for all Type 2 and Type 3 decisions, and SEPA;

(e) If applicable, a single notice of hearing and open record hearing, which shall be combined with any open record appeals;

(f) Any public meeting or required open record hearing may be combined with any public meeting or open record hearing that may be held on the project by another local, State, regional, Federal, or other agency in accordance with WMC 21.80.130;

(g) If an open record hearing is held, no more than one closed record appeal is allowed; and

(h) The City shall provide a single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the City’s SEPA authority. The report may be the permit or a staff report. If a threshold determination other than a determination of significance has not been issued previously by the SEPA Responsible Official, the report shall include or append this determination.

(4) The Director shall designate the decision authority for each of the permit applications included in the consolidated review process consistent with WMC 21.80.050, except if there is more than one decision authority designated for Type 2 and Type 3 decisions, the Director may designate a single decision authority under which to consolidate and decide the Type 2 and Type 3 decisions based on the permit application having the highest decision type. (Ord. 782 § 23, 2025)

21.80.050 Review procedures.

The tables in this section establish for each permit application: (1) the decision type for each permit, (2) the person or entity having authority to decide the permit, and (3) the required review procedures applicable to each permit.

(1) Table 21.80.050(1) sets forth the permit applications that are designated and administered as a Type 1 decision with corresponding review procedures.

Table 21.80.050(1) – Type 1 Decisions
Type of Permit Application	Decision Authority	Review Procedures
Type of Permit Application	Decision Authority	DOC	NOA	NOH	NOD
Code interpretation	D	Yes			Yes
Boundary line adjustment	D	Yes			Yes
Building/mechanical/plumbing permit	BO	Yes			Yes
Critical area determination/critical area alteration	D	Yes			Yes
Construction mitigation plan	D	Yes			Yes
Design review Type 1	D	Yes			Yes
Fire permits	BO	Yes			Yes
Flood improvement permit	D	Yes			Yes
Home business permit Level 1 (Level 2 subject to CUP)	D	Yes			Yes
Right-of-way permit	PW	Yes			Yes
Right-of-way use permit	PW	Yes			Yes
SEPA exemption letter	D	Yes			Yes
SEPA threshold determination per WAC 197-11-340(1)	D	Yes			Yes
Shoreline permit revision – All	D	Yes			Yes
Shoreline substantial development permit exemption	D	Yes			Yes
Sign permit	D	Yes			Yes
Signage master plan – No departures	D	Yes			Yes
Site development permit	PW	Yes			Yes
Site plan review Type 1	D	Yes			Yes
Short subdivision – Final	D	Yes			Yes
Subdivision – Final	D	Yes			Yes
Temporary use permit	D	Yes			Yes
Transportation infrastructure deviations	PW	Yes			Yes
Tree removal permit	D	Yes			Yes
Public tree exception permit	D	Yes			Yes
Unit lot subdivision	D	Yes			Yes
Wayfinding signage plan	D	Yes			Yes
Notes on decision authority: “D” denotes the Director, or their designee, has authority to decide the project permit. “BO” denotes the Building Official, or their designee, has authority to decide the project permit. “PW” denotes the Public Works Director, or their designee, has authority to decide the project permit.
Notes on review procedures: When the corresponding box is marked “Yes”: “DOC” means a determination of completeness is required pursuant to WMC 21.80.100. “NOA” means a notice of application is required pursuant to WMC 21.80.110. “NOH” means a notice of hearing is required pursuant to WMC 21.80.120. “NOD” means a notice of decision is required pursuant to WMC 21.80.200.

(2) Table 21.80.050(2) sets forth the permit applications that are designated and administered as a Type 2 decision with the corresponding review procedures.

Table 21.80.050(2) – Type 2 Decisions
Type of Permit Application	Decision Authority	Review Procedures
Type of Permit Application	Decision Authority	DOC	NOA	NOH	NOD
Administrative conditional use permit	D	Yes	Yes		Yes
Binding site plan	D	Yes	Yes		Yes
Design review Type 2	D	Yes	Yes		Yes
Type 1 decision with SEPA threshold determination, excluding WAC 197-11-340(1)	See Table 21.80.050(1)	Yes	Yes		Yes
SEPA threshold determination excluding WAC 197-11-340(1)	D	Yes	Yes		Yes
Shoreline substantial development permit	D	Yes	Yes		Yes
Site plan review Type 2	D	Yes	Yes		Yes
Preliminary short subdivision	D	Yes	Yes		Yes
Wireless services facilities	D	Yes	Yes		Yes
Notes on decision authority: “D” denotes the Director, or their designee, has authority to decide the project permit. “BO” denotes the Building Official, or their designee, has authority to decide the project permit. “PW” denotes the Public Works Director, or their designee, has authority to decide the project permit. “HE” denotes the Hearing Examiner has authority to decide the project permit.
Notes on review procedures: When the corresponding box is marked “Yes”: “DOC” means a determination of completeness is required pursuant to WMC 21.80.100. “NOA” means a notice of application is required pursuant to WMC 21.80.110. “NOH” means a notice of hearing is required pursuant to WMC 21.80.120. “NOD” means a notice of decision is required pursuant to WMC 21.80.200.

(3) Table 21.80.050(3) sets forth the permit applications that are designated and administered as a Type 3 decision with corresponding review procedures.

Table 21.80.050(3) – Type 3 Decisions
Type of Permit Application	Decision Authority	Review Procedures
Type of Permit Application	Decision Authority	DOC	NOA	NOH	NOD
Nonadministrative conditional use permit	HE	Yes	Yes	Yes	Yes
Flood variance	HE	Yes	Yes	Yes	Yes
Reasonable use permit/public entity critical area exception	HE	Yes	Yes	Yes	Yes
Shoreline conditional use permit	HE1	Yes	Yes	Yes	Yes
Shoreline variance	HE1	Yes	Yes	Yes	Yes
Site-specific rezone	HE/CC	Yes	Yes	Yes	Yes
Special use permit	HE	Yes	Yes	Yes	Yes
Preliminary subdivision	HE	Yes	Yes	Yes	Yes
Subdivision alteration	HE/CC	Yes	Yes	Yes	Yes
Subdivision vacation	CC	Yes	Yes	Yes	Yes
Variance	HE	Yes	Yes	Yes	Yes
Notes on decision authority: “D” denotes the Director, or their designee, has authority to decide the project permit. “BO” denotes the Building Official, or their designee, has authority to decide the project permit. “PW” denotes the Public Works Director, or their designee, has authority to decide the project permit. “PC” denotes the Planning Commission has authority to decide the project permit. “HE” denotes the Hearing Examiner has authority to decide the project permit. “HE1” denotes Hearing Examiner decides for the City and, if approved, the approval is transmitted to Washington State Department of Ecology for a final decision pursuant to WAC 173-27-200. “HE/CC” denotes the Hearing Examiner holds the open record hearing and transmits a recommendation to the City Council who decides the project permit at a closed-record meeting. “CC” denotes the City Council has authority to decide the project permit.
Notes on review procedures: When the corresponding box is marked “Yes”: “DOC” means a determination of completeness is required pursuant to WMC 21.80.100. “NOA” means a notice of application is required pursuant to WMC 21.80.110. “NOH” means a notice of hearing is required pursuant to WMC 21.80.120. “NOD” means a notice of decision is required pursuant to WMC 21.80.200.

(Ord. 789 § 3, 2025; Ord. 782 § 24, 2025; Ord. 766 § 11, 2024; Ord. 720 § 25, 2021; Ord. 706 § 47 (Att. A), 2020)

21.80.060 Preapplication and intake meetings.

(1) Preapplication Meeting. The purpose of a preapplication meeting is to acquaint the applicant with the review procedures and submission requirements of the City, and to discuss issues involving development, an application, or a project.

(a) A preapplication meeting is optional and may be initiated at the applicant’s request.

(b) A preapplication meeting may be held at any time before a permit application is submitted.

(c) A completed form and related information in sufficient number of copies as determined by City staff are required to apply for a preapplication meeting. The applicant should at a minimum provide a conceptual site plan and information on the types of uses being proposed for the property.

(d) A preapplication meeting is not an exhaustive review of all potential issues, and the discussion shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent project information by the applicant may prevent the City from identifying issues or providing the most effective preapplication meeting.

(2) Intake Meeting. When required, this is the first formal step in the permit review process. The purpose of an intake meeting is to determine the adequacy of a permit application for submission to and acceptance by the City.

(a) An intake meeting is mandatory for all Type 2 and Type 3 decisions, unless waived by the Director if found to be unnecessary.

(b) An intake meeting is not mandatory for Type 1 decisions, unless the Director determines an intake meeting is necessary due to the complexity of the application and to ensure a more efficient review process.

(c) An intake meeting is not a determination of completeness for a project application as set forth in WMC 21.80.100 and does not establish vesting rights. (Ord. 782 § 25, 2025)

21.80.070 Project permit application submission requirements.

A project permit application shall be on forms, number of forms, and in a manner determined by the Director consistent with this section.

(1) The Director shall establish, and may revise as necessary, forms and written checklists that specify the submission requirements for each type of project permit application to be complete and accepted for processing.

(2) When establishing application submission requirements for each application type, the need for the following should be considered:

(a) A completed application form;

(b) A legal description of the property, property address or a location description from the nearest public right-of-way intersection if an address is not available, and the associated tax parcel number;

(c) Owner authorization form identifying the individual representing the property owner’s interest in the project permit;

(d) A vicinity map showing the location of the property including surrounding streets, private access easements, shorelines and other reference points;

(e) A project narrative describing the proposal;

(f) A site plan drawn to scale showing:

(i) Property dimensions;

(ii) Topography at two-foot elevation contours;

(iii) Location and dimensions of all existing and proposed physical improvements;

(iv) Location of significant trees on the site;

(v) Off-street parking areas and access drives;

(vi) Significant natural features, such as slopes, shorelines and critical areas;

(g) Other plans, such as building elevation drawings, landscaping plans, or sign plans, which are determined necessary to support the application;

(h) Sewer, water and utility plans;

(i) When required, mailing labels containing the names and addresses of all owners/residents of record within the notification radius prescribed by this title;

(j) A completed SEPA checklist;

(k) As required, studies and reports including but not limited to:

(i) Drainage report;

(ii) Critical area report;

(iii) Arborist report;

(iv) Geotechnical studies;

(v) Hydrologic studies;

(vi) Lighting plans;

(vii) Noise studies;

(viii) Air quality studies; and

(ix) Transportation impact analysis;

(l) Other information as required by the City or required elsewhere in the Woodinville Municipal Code to support a decision on the application;

(m) Application fee; and

(n) The requirement for plans and reports to be submitted electronically.

(3) The Director may waive on a case-by-case basis specific submittal requirements determined to be unnecessary for reviewing an application. Alternatively, the Director may require additional materials such as maps, studies, or models when the Director determines such information is necessary to adequately assess the proposal and its impacts. (Ord. 706 § 47 (Att. A), 2020)

21.80.080 Vesting rights.

(1) The development regulations in effect on the date a project permit application obtains vested rights as specified by this section shall be the standard of review for a project permit application.

(2) How Vested Rights Are Obtained.

(a) A valid and fully complete building permit application for a structure 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, zoning and other land use control ordinances in effect on the date of the application. The vesting rights associated with a building permit do not apply to subsequently required or related permits, except as required by law.

(b) A valid and fully complete application for a preliminary subdivision, short subdivision or binding site plan shall be considered under the zoning and other land use control ordinances in effect on the date of the application, or, if the application is initially deemed incomplete, the date on which all required materials have been submitted pursuant to WMC 21.80.100.

(c) A development agreement approved by the City Council may include development standards that govern a project during the terms of the agreement.

(d) Vesting rights for other development types not specified by subsection (2)(a), (2)(b) or (2)(c) of this section shall occur on the date a building permit or a site development permit is issued by the City. The vesting rights associated with the issuance of a building permit or site development permit do not apply to subsequently required or related permits, except as required by law.

(3) The vesting rights provided for in subsection (2) of this section extend only to local land use control ordinances and do not extend to environmental regulations mandated by State or Federal law. The vesting rights provided for in subsection (2) of this section shall not restrict conditions imposed under SEPA.

(4) Supplemental information required after vesting rights are acquired pursuant to subsection (2) of this section shall not affect the validity of the vesting rights for such an application, except a major modification, either voluntarily or to conform to applicable standards, that substantially increases the development’s impact to nearby properties and/or public streets as determined by the Director shall be considered a new application for the purpose of vesting rights.

(5) Vesting rights are not selectively waivable. An applicant may voluntarily waive their vesting rights provided they agree in writing that the project will comply with all development regulations in effect on a different date certain agreed to between the applicant and the Director.

(6) The vesting rights granted under this section are limited to both dividing the property and developing the property in a manner disclosed in the application on the submission date of the application. (Ord. 794 § 1, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.100 Determination of completeness.

When the tables set forth in WMC 21.80.050 require a determination of completeness, the following apply:

(1) Within 28 days after accepting a permit application, City staff shall provide a written notice to the applicant that states:

(a) The application is complete; or

(b) The application is incomplete and the procedural submission requirements have not been satisfied. The determination shall state what is necessary to make the application procedurally complete. The requirements for an incomplete application set forth in subsection (5) of this section shall apply.

(2) To the extent known, the notice of complete application shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application.

(3) Failure to provide the written notice prescribed in subsection (1) of this section shall automatically designate the application as procedurally complete on the twenty-ninth day after receiving the permit application.

(4) A permit application is complete when it meets the procedural submission requirements established in Chapters 21.82 through 21.84 WMC and as may be outlined in the permit application.

(a) Additional information or studies may be required, or project modifications may be undertaken after the determination of completeness.

(b) A determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the completeness notice or after if new information is required or substantial changes in the proposed action occur.

(c) The need for additional information or studies may not preclude a determination of completeness if the procedural submission requirements have been satisfied.

(5) If the permit application is determined incomplete:

(a) The applicant has 90 days from the date the City notifies the applicant to submit responsive information necessary to make the permit application procedurally complete;

(b) If the applicant pursues in good faith to provide the necessary responsive information, the applicant may request in writing and the Director may grant one or more extensions of time not to exceed 90 days for each extension;

(c) Once the time in subsection (5)(a) of this section and any extensions expire, processing of the permit application shall terminate, and the permit application shall be deemed to be void and withdrawn due to inactivity.

(6) Within 14 days after the applicant submits the responsive information necessary to make the permit application procedurally complete, the City staff shall notify the applicant in writing whether the permit application is procedurally complete or what additional information is required. Failure to notify the application within 14 days of the date they submitted the responsive information will automatically designate the application as procedurally complete. (Ord. 782 § 26, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.110 Notice of application.

When the tables set forth in WMC 21.80.050 require a notice of application, the following apply:

(1) The City shall provide a notice of application within 14 days after the determination of completeness is issued.

(2) The content of the notice of application shall include the following information:

(a) The file number assigned to the permit application;

(b) The date the application was received, the date of the determination of completeness, and the date of the notice of application;

(d) A list of permits included with the application, and to the extent known, a list of the permits not included in the application;

(e) Identification of existing environmental documents that evaluate the proposal;

(f) The location where the application and any studies can be reviewed;

(g) A statement of the public comment period, which shall not be less than 14 days or more than 30 days;

(h) The date, time, place, and type of hearing, if applicable and scheduled at the date of the notice of the application;

(i) A statement of the rights of any person to comment on the application, receive notice of and participate in any predecision hearings, request a copy of the decision once made and any appeal rights;

(j) A site plan, if applicable;

(k) A statement of the preliminary determination of consistency pursuant to WMC 21.80.170, if one has been made at the time of notice, of those development regulations that will be used for project mitigation; and

(l) Any other information determined to be appropriate by the City staff.

(3) The notice of application shall be posted and mailed in accordance with WMC 21.80.140(1) and (2). Additionally, the notice of application shall be published in accordance with WMC 21.80.140(3) when the notice of application is combined with a SEPA threshold determination and/or notice of hearing.

(4) Nothing in this section prevents a determination of significance (SEPA) and scoping notice from being issued prior to the notice of application, nor prevents the City, when it is a project proponent or is funding a project, from conducting its review under Chapter 43.21 RCW, nor from allowing appeals of procedural determinations prior to submitting a permit application. (Ord. 782 § 27, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.120 Notice of hearing.

When the tables set forth in WMC 21.80.050 require a notice of hearing, the following apply:

(1) A notice of hearing is required for all predecision hearings and shall comply with the following:

(a) The City will provide the notice of hearing at least 15 days before the hearing date; and

(b) In setting the hearing date, the City will consider the time necessary for comment and appeal periods on any related SEPA threshold determination, and for the City to conduct the hearing and issue a decision within the 120-day time prescribed in WMC 21.80.210.

(2) The content of the notice of hearing shall include the following:

(a) Project description, list of project permits in the application, assigned City file number, and the City contact person;

(b) The date, time, and place for the hearing;

(d) If applicable, the SEPA threshold determination and the deadline (date, time and place) for submitting a SEPA appeal, including a statement that any timely SEPA appeal shall be heard at the scheduled predecision hearing; and

(e) Any other information determined appropriate by the City staff.

(3) The notice of hearing shall be posted, mailed, and published in accordance with the general notice requirements in WMC 21.80.140.

(4) Continuation of a hearing does not require additional notice. (Ord. 706 § 47 (Att. A), 2020)

21.80.130 Joint public hearing.

(1) When requested by the applicant, the City may allow a predecision hearing to be combined with any other hearing that may be held by another local, State, regional, Federal, or other agency for the same project; provided:

(a) The hearing is held within the geographic boundary of the City;

(b) The applicant agrees to the schedule if additional time is needed to combine the hearings;

(d) Each agency participating in the hearing has received the necessary information from the applicant about the proposed project to hold the combined hearing.

(2) In all cases, appeals and hearings shall be combined in a manner which retains applicable City procedures. The City may combine its notice requirements with other agencies’ notices, and the decision authority shall have the discretion to decide the procedures for conducting the hearing when there are conflicting procedures. (Ord. 782 § 28, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.140 General method requirements for noticing.

The notice requirements of this chapter are intended to meet or exceed those required by State law. Notices shall at a minimum comply with the following:

(1) When posting a notice is required:

(a) The notice shall be posted on signs located on each public right-of-way adjoining the property and clearly visible from the public street or a public area;

(b) When the property does not adjoin an open public right-of-way or public street, the notice sign should be located within a public right-of-way within 10 feet of where a private lane, shared driveway, or unopened public right-of-way connects and shall clearly be visible from a public street or public area;

(c) The Director may require additional signs to be posted on the property in locations visible to adjoining property owners, if the Director determines the posting of one notice sign is not reasonably adequate for noticing;

(d) Removal of the notice prior to the end of the comment period by the applicant may be cause for discontinuing the review process until such time the sign is replaced and remains in place for the specified time;

(e) The Director shall determine the specifications for the construction and installation of the signs used to post notices;

(f) An affidavit or declaration of posting containing the date, location, and the signature of the person responsible for the posting shall be provided and serve as proof the notice was posted; and

(g) The City, at its option, may be responsible, or may direct the applicant to be responsible, for posting signs and notices.

(2) When mailing a notice is required:

(a) Written notice shall at a minimum be sent to the following:

(i) The applicant and/or the property owner;

(ii) Any State, Federal or local agencies with jurisdiction related to the project;

(iii) Any person who writes to the City requesting such notice;

(iv) The Washington State Department of Transportation where a proposed subdivision or short subdivision is located adjacent to a state highway right-of-way;

(b) Notice shall be mailed to the addresses of owners of property located and, to the extent possible, those residents and tenants living within a distance of 500 feet from the site, provided such distance shall be extended as necessary to include at least 20 different property owners, tenants and residents. Distance shall be measured from the outer property lines of all portions of the subject property including any contiguous property owned, controlled or under the option of purchase by the same property owner and/or applicant;

(c) The address of the property owner and/or taxpayer of record on file with King County Assessor shall serve as the official record where notice shall be mailed;

(d) Any mailed notice required by this chapter shall be adequate when a good-faith effort has been made to identify and mail notice to the address of property owners or taxpayers of record on file with the King County Assessor.

(e) Notice mailed to persons at their known address shall be judged to have been received by those persons if those persons and their addresses are named in an affidavit or declaration of mailing. Failure of any person or owner of property to receive the notice shall not invalidate any permit or approval.

(3) When publishing a notice is required:

(a) Published notice shall be in the official City newspaper or a newspaper of general circulation within the City boundaries; and

(b) The content of the published notice shall, at a minimum, include the following:

(i) Project location;

(ii) Project description;

(iii) Type of permits required;

(iv) Comment period and dates;

(v) Location where the complete application may be viewed.

(4) The provisions of this section shall not limit the City’s ability to provide additional public notice by other means of communication (e.g., City website and City notice boards). (Ord. 782 § 29, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.150 Combining notices.

The City will combine notices, including SEPA notices, whenever possible, provided the requirements of each individual notice are met by the combined notice. Examples of combined notice include, but are not limited to the following:

(1) Notice of application, SEPA threshold determination and SEPA appeal notice;

(2) Notice of application and optional DNS process;

(3) Notice of application and notice of hearing;

(4) Notice of application, notice of hearing, SEPA threshold determination and SEPA appeal notice;

(5) Determination of completeness and notice of application. (Ord. 782 § 30, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.160 Public and agency comments.

(1) Public and agency comments shall be specific to the project permit at issue. If no written comments are received by the date specified in the notice, or if no comments are received by the closing of the record of a predecision hearing, the person or agency is presumed to have no comments on the matter.

(2) The City may accept public and agency comments at any time prior to the closing of the record of predecision hearing or, if there is no predecision hearing, prior to the decision on a permit or administrative action requiring noticing. (Ord. 782 § 31, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.170 Consistency determination.

(1) A proposed project shall be reviewed for consistency with applicable development regulations, or in the absence of development regulations, the appropriate elements of the Woodinville Comprehensive Plan. Consideration shall be given to the following:

(a) The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied;

(b) The level of development, such as density;

(d) The characteristics of the development such as development standards;

(2) Nothing in this section requires documentation or limits the City from asking more specific or related questions with respect to any of the items in subsection (1) of this section;

(3) Project permit review shall not reexamine or hear appeals to development regulations or the Comprehensive Plan, except for issues relating to code interpretations. Nothing in this section limits the authority of the City to approve, condition, or deny projects as provided in the development regulations and the policies adopted under SEPA. (Ord. 706 § 47 (Att. A), 2020)

21.80.180 Report by City staff.

When a project permit application requires a predecision hearing, the following apply:

(1) Following the expiration of the comment period on the notice of application, the City will coordinate and assemble the reviews and written comments of persons and local, state and federal agencies that have commented on the proposal.

(2) The City will prepare a report evaluating whether the project permit application satisfies applicable decision criteria. The report may include recommended conditions, if appropriate, and may include a recommendation on the action to be taken on the application.

(3) At least seven days before the predecision hearing, the report will be made available to the applicant and the public, and a copy transmitted with relevant exhibits to the hearing body that decides the matter. (Ord. 706 § 47 (Att. A), 2020)

21.80.190 Decisions.

(1) The decision authority prescribed in the tables in WMC 21.80.050 for the corresponding type of permit application shall decide the matter consistent with the following:

(a) For Type 1 and Type 2 decisions, the decision authority shall approve, approve with conditions, or deny a permit application based on the appropriate decision criteria;

(b) For Type 3 decisions, the decision authority shall approve, approve in part, approve with conditions, deny, deny in part, or deny with conditions based on the appropriate decision criteria;

(c) All decisions shall be issued within the timeline prescribed in WMC 21.80.210. A decision by a hearing body shall be issued within 10 business days after the conclusion of a predecision hearing, unless a longer time is mutually agreed to between the applicant and the hearing body;

(d) Notice of decision is provided pursuant to WMC 21.80.200.

(2) A decision issued under this section shall be given the effect of a final decision. However, further action is not authorized until:

(a) Expiration of the time to file an administrative appeal; or

(b) If an appeal is filed, the decision on the administrative appeal is final; or

(c) The rights to an administrative appeal are waived. The Director may waive an administrative appeal if the following are all satisfied:

(i) The decision is a Type 1 or Type 2 decision, excluding appeals relating to the Woodinville Shoreline Master Program; and

(ii) Parties having legal standing to file an administrative appeal are only the applicant, property owner, and City; and

(iii) A written request to waive the administrative appeal is signed by the applicant and property owner and submitted to the Director; and

(iv) The decision is fully compliant with the Woodinville Municipal Code.

(3) Type 2 and Type 3 decisions shall include written findings based upon the record and conclusions which support the decision, and which demonstrate compliance with applicable decision criteria. Some Type 1 decisions may include written findings and conclusions as determined by the Director. (Ord. 782 § 32, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.200 Notice of decision.

(1) A notice of decision is issued at the conclusion of the permit review.

(2) The notice of decision may be a copy of the report or decision on the permit application, or it may be a separate written notice.

(3) The City shall provide a notice of decision that includes the following:

(a) A statement of any SEPA threshold determination, if notice was not previously given;

(b) The administrative appeal process and time for filing an appeal, if any;

(c) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program or revaluation.

(4) Except as provided in subsection (5) of this section, the notice of decision shall be mailed by first class postage and/or provided by personal service to the following:

(a) The applicant;

(b) Parties of record;

(d) King County Assessor’s office; and

(e) Any other party determined appropriate by the City.

(5) As an alternative, the notice of decision may be sent by email addresses on record with the City or other forms of communication, unless a party requests the notice of decision be sent by mail.

(6) If the notice of decision is to deny a permit application, no new application for substantially the same proposal, as determined by the Director, can be submitted to the City within one year from the date of the denial; provided, that the Director may waive this prohibition if the City’s development regulations have changed to allow approval. (Ord. 782 § 33, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.210 Processing timelines.

This section establishes time frames for reviewing permits to ensure permit applications are reviewed in a timely and predictable manner.

(1) General Provisions. The following provisions apply to all permit processing timelines:

(a) All review time frames are expressed as calendar days. When computing the review time, the following times are excluded from counting towards the time frames prescribed in subsection (2) of this section:

(i) Any time between the date the City notifies the applicant in writing additional information is required to further process the application and the date the applicant submits responsive information;

(ii) Any time to allow for the filing of an administrative appeal and the time to resolve the administrative appeal;

(iii) Any time mutually agreed between the applicant and the City to extend the time frame;

(iv) If the last day of the time frame is on a Saturday, Sunday, or designated City holiday, the computing of time shall pause and be concluded at the end of the next business day.

(b) If the City sends written notice to the applicant pursuant to subsection (1)(a)(i) of this section, and if afterwards there is no communications from the applicant regarding the notice or submission of responsive information for at least 60 consecutive days, the City may add 30 days to the applicable time frame in subsection (2) of this section. To be authorized, this potential adding of 30 days must be stated in the City’s written notice requesting additional information.

(c) For the purpose of this chapter, responsive information means the applicant making demonstrable progress on responding to all items identified in the City’s written notice, unless the Director agrees to a phased response, in which case the computing of review time shall continue to pause until all items stipulated in the notice receive responsive information. A lack of responsiveness may include failure by the applicant to conduct ongoing communications on the applicant’s ability or willingness to provide additional information.

(d) The computing of the review time shall start over if the applicant proposes a change to the original proposal disclosed in the permit application that would cause the permit application to fail to meet the determination of procedural completeness set forth in WMC 21.80.100.

(2) Project Permit Timelines. Subject to the computing of time set forth in subsection (1) of this section, the review time frame for processing and issuing a final decision on a project permit application shall be as follows:

(a) Type 1 Project Permit Applications. The final decision as prescribed in WMC 21.80.190(2) must be issued within 65 days of the date of the determination of completeness set forth in WMC 21.80.100; or

(b) Type 2 Project Permit Applications. The final decision as prescribed in WMC 21.80.190(2) must be issued within 100 days of the date of the determination of completeness set forth in WMC 21.80.100; or

(c) Type 3 Project Permit Applications. The final decision as prescribed in WMC 21.80.190(2) must be issued within 170 days of the date of the determination of completeness set forth in WMC 21.80.100.

(3) Construction Permit Timelines. Subject to the computing of time set forth in subsection (1) of this section, the following apply:

(a) The review time frame for processing and issuing a final decision on all construction permit applications shall not exceed 120 days from the date of the determination of completeness set forth in WMC 21.80.100; and

(b) The date City staff notifies the applicant in writing about the decision on the construction permit application, and not the date the permit is obtained by the applicant, shall be the effective date of a final decision on the construction permit pursuant to WMC 21.80.190(2).

(4) Failure to comply with the required time frames specified by this chapter shall not create a liability for damages. (Ord. 782 § 34, 2025)

21.80.215 Major modifications.

If the applicant makes major modifications to the original proposal disclosed in a permit application previously deemed procedurally complete and for which substantial review of the application has been completed, and any new substantially modified elements were not disclosed in the original application, the Director may determine that such modifications render the original application procedurally incomplete. (The definition of “substantial modification” in WMC 21.11A.200 does not apply to this section.) (Ord. 782 § 35, 2025)

21.80.220 Permit expirations and extensions.

(1) Unless specified otherwise by law, once a permit decision to approve becomes final pursuant to WMC 21.80.190, the approval shall be active and valid for the time periods prescribed in Table 21.80.220 and the provisions in this section.

Table 21.80.220 – Permit Expiration
Permit Type	Time Limitation	Time Extension
All permits that are not listed in this table	24 months	Up to 12 months
Critical area determination	60 months	None
Critical area alteration	24 months	Up to 12 months
Conditional use permit (all)	60 months	None
Shoreline substantial development permit	60 months*	Up to 12 months
Shoreline conditional use permit/shoreline variance	Subject to the time limits of the corresponding shoreline substantial development
Preliminary short subdivision/binding site plan	60 months	Up to 12 months
Final short subdivision/binding site plan (time to complete recording)	3 months	None
Preliminary subdivision approved on or after January 1, 2015	60 months	Up to 12 months
Preliminary subdivision approved on or before December 31, 2014	84 months	Up to 12 months
Final subdivision (time to complete recording)	3 months	None
Boundary line adjustment and unit lot subdivision (time to complete recording)	3 months	None
Building/mechanical/plumbing permits	See Chapter 21.62 WMC
Site development permit	See WMC 21.80.220(5)
Right-of-way permit	12 months	Up to 12 months
Tree removal permit/public tree exception permit	6 months	Up to 6 months
Note: * Construction activity under a shoreline permit must commence within 24 months and the activity must be completed by 60 months. One 12-month extension for each of these deadlines may be granted pursuant to WAC 173-27-090.

(2) The start date for computing the time limitations prescribed in Table 21.80.220 shall be as follows:

(a) For project permits, the day after the date a project permit decision becomes final; and

(b) For construction permits, the date an approved construction permit is issued to the applicant.

(3) Project permits are required to have construction permits issued, or have final approval for subdivisions, short subdivisions or binding site plans prior to the end of the time limitation set forth in Table 21.80.220 expiring.

(4) Project permits shall automatically extend upon the issuance of construction permits authorizing substantial construction of the project and shall remain active and valid for the duration construction permits associated with the project remain active and valid.

(5) A site development permit shall remain active and valid from the date of issuance as follows:

(a) With the exception of subsection (5)(b) of this section, the site development permit shall be active and valid for a maximum of one year (12 months), except the Director may grant, in writing, one extension of time, not to exceed 12 months provided the work authorized by the permit has not been suspended or abandoned;

(b) A site development permit shall automatically extend upon the issuance of a building permit authorizing substantial construction associated with the project and shall remain active and valid for the duration of the associated building permit;

(c) If work and inspections are substantially done but are incomplete at the time the site development permit expires, the applicant may renew action on the expired site development permit by obtaining a new permit and paying a new permit fee based on the fee schedule in effect with the issuance of the new permit. (Ord. 789 § 4, 2025; Ord. 782 § 36, 2025; Ord. 706 § 47 (Att. A), 2020)

21.80.230 Expiration of permit applications due to inactivity.

(1) Any time City staff notify an applicant in writing that additional information and/or corrections are required for a permit application determined complete pursuant to WMC 21.80.100, the following apply:

(a) The applicant shall have 90 days from the date of the written notice to submit the necessary responsive information; and

(b) The Director may grant one or more extensions of time to subsection (1)(a) of this section, not to exceed 90 days for each extension, if the applicant requests the extension in writing and can show demonstrable progress in providing responsive information;

(c) If the time in subsection (1)(a) of this section and any approved extensions expire, the permit application shall be deemed to be void and withdrawn due to inactivity.

(2) Any time City staff notify an applicant in writing that their construction permit is approved and ready for issuance, the following apply:

(a) The applicant shall have 90 days from the date of the written notice to obtain the approved construction permit; and

(b) The Director may grant one extension of time to subsection (2)(a) of this section, not to exceed 90 days, for what the Director determines are justifiable reasons;

(c) The time to allow the filing of an administrative appeal and the time to resolve an administrative appeal shall be excluded from the computing of the 90 days in subsection (2)(a) of this section; and

(d) If the time in subsection (2)(a) of this section and any approved extension expire, the construction permit application shall be deemed to be void and withdrawn due to inactivity. (Ord. 782 § 37, 2025)