ZONING CODE UPDATE ADMINISTRATION AND PROCEDURES Planning Commission Study Session February 15, 2017

PROGRESS SO FAR Draft code mostly completed Converted to ordinance form Completed legal review SEPA Determination issued

CHANGES Previously, condense, correct, clarify Repealed subdivision process in existing code, moved all to new WMC 21.61 Repeal and replace all of WMC 21.83 for review procedures (fixes order and content) Hearing examiner decision appeals to Superior Court

21.83 REVIEW PROCEDURES Major re-writing of chapter since the re-organization Updated for clarity and ease of reading Right chapter… wrong order Procedure types Procedure consolidation Pre-application Completeness Decisions Expiration Hearings Interpretations Revisions

21.80 DECISION CRITERIA Provides information for (nearly) every permit issued by the City When is the permit required? When is the permit approvable? If listed somewhere else in code, provides a handy reference point

SUBDIVISIONS Short plat, short subdivision: 4 lots or less Long or preliminary plat, subdivision: 5 lots or more Numerous code provisions applicable to the process: 21.60 criteria and standards 21.61 processing 21.22 density and dimensions 21.50 trees 21.51 critical areas 21.81 public facilities 21.83 review procedures 15.04 street improvements 15.05 grading code Infrastructure standards Stormwater standards 21.84 noticing and hearings

PROCESS Preliminary plat Site work Final plat Home construction Feasibility of platting. Meets lot requirements, infrastructure requirements. Conceptual – requires enough detail to establish that it complies with all codes Grading and drainage plans + construction. Construction plans and details on how the site will be shaped based on the preliminary plat. Official recording of the plat. Verifies construction has been completed per plans, all previous conditions were met. Legal lots established – building permits for homes

PROCESS x Complete application Notices Planning Review Building Review Public Works Review Fire Dept Review Inspections Hearing Council Review Recording x Preliminary plat Site work Final plat Home construction

Preliminary Plat Review – WMC 21.61.020 Applicability Public Notice Public Hearing Criteria Decisions Hearings Approval Criteria Infrastructure Improvements Bonding

NEXT STEPS Staff will make any Planning Commission recommended changes More internal reviews Public hearing

21.80 DECISION CRITERIA Provides information for (nearly) every permit issued by the City 21.80.010 Purpose 21.80.170 Right-of-way permit 21.80.020 Determination of consistency 21.80.180 Shoreline conditional use permit 21.80.030 Building permit 21.80.190 Shoreline substantial development permit 21.80.040 Boundary line adjustment 21.80.200 Shoreline variance 21.80.050 Binding site plan 21.80.210 Sign permit 21.80.060 Conditional use permit 21.80.220 Site development permit 21.80.070 Critical areas alteration/determination 21.80.230 Special use permit 21.80.080 Critical areas exception 21.80.240 Subdivisions and short subdivisions, preliminary 21.80.090 Design review 21.80.100 Flood improvement permit 21.80.250 Subdivisions and short subdivisions, final 21.80.110 Flood variance 21.80.260 Temporary use permit 21.80.120 Home industry permit 21.80.270 Tree removal permit 21.80.130 Home occupation permit 21.80.280 Variance 21.80.140 Land use project approval 21.80.290 Wireless service facility 21.80.150 Master signage plan 21.80.300 Zone map amendments, site specific 21.80.160 Reasonable use permit

21. 81 ADEQUACY OF PUBLIC FACILITIES 21 21.81 ADEQUACY OF PUBLIC FACILITIES 21.82 DEVELOPMENT AGREEMENT PROCEDURE AND CRITERIA Important sections… but not critical for updates at this time Warrants specific and separate attention Related docket item for sewer connections in 21.81 Staff is deferring update to a later time

TYPES OF PERMITS TYPE 1 Building Grading Right-of-way Design review Home occupation permits TYPE 2 Short plats Land use approval Wireless facility Binding site plans Critical areas alteration TYPE 3 Subdivisions Conditional use Variances Shoreline permits Zoning map amendments Administrative approval Routine, staff-level decision Administrative approval Director-level decision Quasi-judicial approval Hearing Examiner level

PROCEDURES - DETAILS CODIFIED What items need to be included in a decision Building permit: signed plans, issued permit document Subdivision: Written findings, signed plans What applications vest and for how long Hearing procedures (staff report, proceedings, ex parte communication) When a decision is “final” Criteria for requesting an extension When an interpretation is appropriate

21.84 NOTICES Notice of application Notice of hearing Clarify contents (file number, site plan, where to review materials, SEPA) Notice of hearing Clarify contents (how to find materials, hearing procedure code, where and when) How long before a public hearing Notice of final decision SEPA, appeal process, reassessment information Who to send Where to notice Mail, City Hall, Post Office, newspaper, on-site, and website

21.85 AMENDMENTS Combines Comprehensive Plan and Zoning Code amendment procedures Identical process, written differently in code Procedure – Application, due date, Planning Commission, City Council Decision Criteria Growth Management Act Applicable countywide planning policies Goals and policies of the Comprehensive Plan Result in long-term benefit to the City as a whole, and to the health, safety, and welfare of its residents; and Advances the public interest

NEXT STEPS Staff will make any Planning Commission recommended changes Staff and attorney review with changes Subdivisions will be added in due to placement in existing code “Translate” into an ordinance with strike-out deletion Public hearing and ordinance

PROCEDURES TYPE 3 HOW? WHEN? Over the counter Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period HOW? WHEN? Over the counter Submittal checklist 28 days after submittal Mail, post, publish 14 days after completeness To each department Typical 14-30 day review By project manager When review is completed By applicant Within 90 days of comments Mail, post, publish 15 days before hearing Public, hearing examiner Post, publish 10-15 days after hearing By party of record 14 days after decision issued

DECISION CRITERIA (21.80, 21.81) TYPE 3 When does a permit apply? Page 1 DECISION CRITERIA (21.80, 21.81) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period When does a permit apply? What criteria is the City reviewing to make a decision? What minimum infrastructure needs must be met?

REVIEW PROCEDURES (21.83) TYPE 3 Permit consolidation process Page 14 REVIEW PROCEDURES (21.83) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Permit consolidation process Pre-application meeting process Opportunity to identify issues and concerns Processing procedures Vesting

COMPLETENESS (21.82.020) TYPE 3 28 days after receiving application Page 18 COMPLETENESS (21.82.020) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 28 days after receiving application Must have all information on the submittal checklist unless waived by staff Formal letter sent identifying whether the application is complete or if additional materials are required Provides a tool for vesting If the code changes, what code is the project subject to?

NOTICE OF APPLICATION (21.82.020) Page 27 NOTICE OF APPLICATION (21.82.020) TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 14 days after completeness Minimum information required Permit number Description Comment Period Post to site, post office, City Hall Mail to property owners within 500-ft Publish in Woodinville Weekly

REVIEW PROCESS TYPE 3 Routed to applicable departments Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Routed to applicable departments Building Planning Public Works Fire Typical 2-4 week review period City’s review must be completed within 120 days Comments are collated by project manager and sent to applicant

COMMENT LETTER TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period May include requests for additional plan sheets, corrections to typos, or major changes to project Applicant must respond within 90 or 120 days or the application lapses May request time extension if needed Steps 5 and 6 are repeated until the application is ready

NOTICE OF HEARING TYPE 3 15 days before hearing Page 28 NOTICE OF HEARING TYPE 3 Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 15 days before hearing Minimum information required Permit number Description Hearing date Post to site, post office, City Hall Mail to property owners within 500-ft Publish in Woodinville Weekly

HEARING TYPE 3 Hearing examiner or City Council Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Hearing examiner or City Council Open public hearing, public is invited to comment Decision must rely on the “record” – information and testimony provided Staff provides a staff report summarizing code compliance Staff, applicant, and public each provide a perspective Hearing body issues a decision 10 business days after the close of the hearing

PERMIT ISSUANCE TYPE 3 Relies on decision criteria for approval Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period Relies on decision criteria for approval Does it meet the standards and specifications? Does it meet the intent and purpose of the code? Does it uphold the public health, safety, welfare? Any remaining fees are rectified Applicant receives the permit paperwork and approved set of plans Includes conditions regarding construction, mitigation, replanting, etc. Can be general or site-specific Permit valid for between 2 and 5 years

APPEAL PERIOD TYPE 3 14-day appeal period Application submitted Staff determines application complete Notice of application Application routed for review Comments sent to applicant Corrections submitted Notice of hearing issued Hearing Permit issued Appeal period 14-day appeal period Only parties of record can appeal Type 1 permits: City and applicant Type 2 permits: +commenters Type 3 permits: +public hearing attendees Admin appeal goes to the next highest body Hearing Examiner City Council Judicial appeal goes to King County Superior Court