Chapter 20.01
TYPES OF DEVELOPMENT PROJECT PERMITS
Sections:
20.01.000 Purpose and general provisions.
20.01.001 Types of actions.
20.01.002 Determination of proper procedure type.
20.01.003 Permit type and decision framework.
20.01.006 Legislative enactments not restricted.
20.01.007 Exempt projects.
20.01.000 Purpose and general provisions.
A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the city of Edmonds. These procedures are intended to:
1. Promote timely and informed public participation;
2. Eliminate redundancy in the application, permit review, and appeals processes;
3. Process permits equitably and expediently;
4. Balance the needs of permit applicants with neighbors;
5. Ensure that decisions are made consistently and predictably; and
6. Result in development that furthers city goals as set forth in the comprehensive plan.
These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes.
B. The provisions of this title supersede all other procedural requirements that may exist in other sections of the city code. When interpreting and applying the standards of this title, its provisions shall be the minimum requirements. Where conflicts occur within provisions of this title and/or between this title and other city code provisions and regulations, the more restrictive provisions shall apply. Where conflict between the text of this title and the zoning map ensue, the text of this title shall prevail.
C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when City Hall or the city’s development services department is closed to the public by formal executive or legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. [Ord. 3817 § 1, 2010].
20.01.001 Types of actions.
There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity.
A. Administrative Decisions. Type I and II decisions are administrative decisions made by the development services director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004.
B. Quasi-Judicial Decisions. Type III, Type IV and appeal of Type II and Type III (B only) decisions are quasi-judicial decisions that involve the use of discretionary judgment in the review of each specific application. Quasi-judicial decisions are made by the hearing examiner, the architectural design board, and/or the city council.
C. Legislative Decisions. Type V actions are legislative decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands.
1. Planning Board. The planning board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law.
2. City Council. The city council may consider the planning board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the planning board for a hearing.
3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in Chapter 20.03 ECDC.
4. Implementation. City council Type V decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. [Ord. 3817 § 1, 2010].
20.01.002 Determination of proper procedure type.
A. Determination by Director. The director shall determine the proper procedure for all project applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure.
B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest.
C. Decisionmaker(s). Applications processed in accordance with subsection (B) of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner, architectural design board or planning board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.06.001. Concurrent public hearings held with the architectural design board and any other decisionmaker shall proceed with both decisionmakers present. [Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.003 Permit type and decision framework.
A. Permit Types.
|
TYPE I |
TYPE II |
TYPE III-A |
TYPE III-B |
TYPE IV-A |
TYPE IV-B |
TYPE V |
|
Zoning compliance letter |
Accessory dwelling unit |
Outdoor dining |
Essential public facilities |
Final formal plats |
Site specific rezone |
Development agreements |
|
Lot line adjustment |
Formal interpretation of the text of the ECDC by the director |
Technological impracticality waiver for amateur radio antennas |
Design review (where public hearing by architectural design board is required) |
Final planned residential development |
Zoning text amendment; area-wide zoning map amendments |
|
|
Critical area determinations |
SEPA determinations |
Shoreline substantial development, shoreline conditional use, shoreline variance |
Comprehensive plan amendments |
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Shoreline Exemptions |
Preliminary short plat |
Conditional use permits (where public hearing by hearing examiner is required) |
Annexations |
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Minor amendments to planned residential development |
Land clearing/grading |
Variances |
Development regulations |
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Minor preliminary plat amendment |
Revisions to shoreline management permits |
Home occupation permit (where public hearing by hearing examiner is required) |
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Staff design review, including signs |
Administrative variances |
Preliminary formal plat |
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Final short plat |
Land use permit extension requests |
Preliminary planned residential development |
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Sales office/model (ECDC 17.70.005) |
Guest house |
B. Decision Table.
|
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) |
LEGISLATIVE |
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|
TYPE I |
TYPE II |
TYPE III-A |
TYPE III-B |
TYPE IV-A |
TYPE IV-B |
TYPE V |
|
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Recommendation by: |
N/A |
N/A |
N/A |
N/A |
N/A |
Planning board |
Planning board |
|
Final decision by: |
Director |
Director |
Hearing examiner |
Hearing examiner/ADB |
City council |
City council |
City council |
|
Notice of application: |
No |
Yes |
Yes |
Yes |
Yes |
Yes |
No |
|
Open record public hearing or open record appeal of a final decision: |
No |
Only if appealed, open record hearing before hearing examiner |
Yes, before hearing examiner to render final decision |
Yes, before hearing examiner or board to render final decision |
No |
Yes, before planning board which makes recommendation to council |
Yes, before planning board which makes recommendation to council or council could hold its own hearing |
|
Closed record review: |
No |
No |
No |
Yes, before the council |
No |
Yes, before the council |
|
|
Judicial appeal: |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
[Ord. 3817 § 1, 2010; Ord. 3806 § 2, 2010; Ord. 3787 § 2, 2010; Ord. 3783 § 2, 2010; Ord. 3775 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.006 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, or the city’s development regulations as part of the annual revision process. [Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.007 Exempt projects.
A. The following projects are specifically excluded from the procedures set forth in this chapter: historic register designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under ECDC Title 18.
B. Pursuant to RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and the city’s SEPA/environmental policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures:
1. Notice of application (ECDC 20.03.002) unless an open record hearing is allowed on the permit decision;
2. Except as provided in RCW 36.70B.140, optional consolidated permit review processing (ECDC 20.01.002(B));
3. Joint public hearings (ECDC 20.06.001);
4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (ECDC 20.06.002(C)); and
5. Notice of decision (ECDC 20.06.009). [Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009].