21.10.110 Type II process – Administrative decisions.
A. Preapplication Conference. A preapplication conference is required for certain projects as provided in BMC 21.10.170.
B. Preapplication Neighborhood Meeting. A preapplication neighborhood meeting as described in BMC 21.10.180 shall be conducted for:
1. Planned developments;
2. Institutional site plans;
3. General binding site plans; and
4. Design review for projects in residential zones involving over 1,000 square feet of new gross floor area and for projects in other zones involving over 5,000 square feet of new gross floor area.
Upon request of the applicant, the planning director may waive this requirement for minor amendments and for industrial and commercial projects which do not abut or have significant impacts on residential areas; provided, that such amendments and industrial and commercial projects do not, in the discretion of the planning director, involve significant land use issues.
C. Design Review Early Design Guidance Meeting. An early design guidance meeting with the design review board or historic preservation commission may be optional or required for certain projects as provided in BMC 20.25.020 and 20.25.030. Notice of the meeting shall be mailed as provided in BMC 21.10.200(D) and shall also be published on the city’s website and in a newspaper of general circulation at least 10 days prior to the meeting date.
D. Application. An application shall be reviewed to determine whether it is complete under the procedures of BMC 21.10.190.
E. Public Meeting.
1. Design Review Board and Historic Preservation Commission. A design response meeting with the design review board or historic preservation commission may be optional or required for certain projects as provided in BMC 20.25.020 and 20.25.030. For projects reviewed by the board and commission, the following procedures shall apply:
a. The application shall be scheduled for review by the applicable board or commission at a public meeting within 60 days after a complete design review application has been submitted, provided, the timeline for scheduling a meeting with the commission may be extended for projects requiring a certificate of alteration under Chapter 17.90 BMC to allow consolidation of the reviews.
b. Notice of the meeting shall be mailed as provided in BMC 21.10.200(D) and shall also be published on the city’s website and in a newspaper of general circulation at least 10 days prior to the meeting date.
c. The board or commission shall transmit its recommendations to the planning director following the public meeting.
2. Planning Commission and Planning Commission Shoreline Committee. For projects allowing review by the planning commission or planning commission shoreline committee, the following procedures shall apply:
a. The planning commission shoreline committee may hold a public meeting and make recommendations to the director on shoreline substantial development permits and shoreline variance permits as follows:
i. Staff shall send a notice of optional meeting together with the project plan to members of the shoreline committee. Said notice shall be sent no later than the date of the notice of application.
ii. The planning director or committee chair may require a public meeting before the shoreline committee for review and recommendation of the application if either one believes that the proposal is likely to result in significant environmental impacts or is a matter of public interest. A decision to conduct such a public meeting must be made within 10 days from the mailing of the notice of optional meeting.
iii. If a meeting is required, the proposal shall be scheduled for a meeting date. Notice of the meeting shall be mailed at least 10 days prior to the meeting in the same manner as provided in BMC 21.10.200(D) and shall also be published in a newspaper of general circulation at least 10 days prior to the meeting date.
iv. The shoreline committee shall transmit its recommendations to the planning director following the public meeting.
b. The planning commission may hold a public meeting and make recommendations to the director on planned development, general binding site plan and institutional site plan applications as follows:
i. Staff shall send a notice of optional meeting together with the project plan to members of the commission. The notice shall be sent no later than the date of the notice of application.
ii. The planning director or the commission chair may require a public meeting before the planning commission for review and recommendation on the application if either one believes the proposal is likely to raise substantial planning issues or is a matter of public interest. A decision to conduct a public meeting must be made within 10 days from the mailing of the notice of optional meeting.
iii. If a public meeting is required, the proposal shall be scheduled for a meeting date. Notice of the meeting shall be mailed at least 10 days prior to the meeting in the same manner as provided in BMC 21.10.200(D) and shall also be published in a newspaper of general circulation at least 10 days prior to the meeting date.
iv. The planning commission shall transmit its recommendations to the planning director following the public meeting.
F. Notice of Application. The procedures in BMC 21.10.200 apply to a Type II process.
G. Minimum Comment Period. The procedures in BMC 21.10.210 apply to a Type II process.
H. Environmental Review. When a threshold decision is required under Chapter 16.20 BMC, the procedures in BMC 21.10.220 apply to a Type II process.
I. Decision. The city shall not make a decision or recommendation on a permit application until the expiration of the minimum comment period stated in the notice of application. A written record of the decision shall be prepared. The record may be in the form of a staff report, letter, permit, or other written document and shall indicate whether the application has been approved, approved with conditions or denied.
J. Notice of Decision. The procedures in BMC 21.10.230 apply to a Type II process.
K. Appeal of Type II Decision. A Type II decision may be appealed to the hearing examiner with the exception of a shoreline permit and/or shoreline variance. The hearing examiner shall conduct an open record appeal.
L. Appeal of a Shoreline Permit or Shoreline Variance.
1. A shoreline permit decision may be appealed to the State Shoreline Hearings Board. Any appeal shall be filed within 21 days of the date of filing the city’s decision with the Department of Ecology as provided in RCW 90.58.180 and defined in RCW 90.58.140(6).
2. A shoreline variance must also be approved by the Department of Ecology. A shoreline variance decision by the Department of Ecology may be appealed to the State Shoreline Hearings Board. Any appeal shall be filed within 21 days of the date of filing the Department of Ecology decision with the city, as set forth in RCW 90.58.180 and defined in RCW 90.58.140(6). [Ord. 2023-01-001 § 5; Ord. 2020-11-032 § 1; Ord. 2015-01-001 § 9; Ord. 2012-08-041 § 15; Ord. 2008-08-079; Ord. 2006-06-060; Ord. 2005-12-094; Ord. 2004-09-065].