Edgewood City Zoning Code
CHAPTER 18
40 PROCEDURES FOR LAND USE PERMITS AND DECISIONS 1
§ 18.40.010 Purpose.
The purpose of this chapter is to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this chapter.
(Ord. 03-203 § 1; Ord. 24-671 § 3 (Exh. B))
§ 18.40.020 Permit required.
A permit, discretionary or zoning decision shall be issued by the community development director or designee according to the provisions of this title for all development activities and uses located within the city, except as excluded by EMC § 18.40.030, Exclusions from permit requirements. The building code official shall not issue a building permit for the construction, reconstruction or alteration of a structure or a part of a structure for which a zoning decision is required but has not been issued. The community development director or designee shall not issue a project permit, discretionary or zoning decision for the improvement or use of land that has been previously divided or otherwise developed in violation of this title, regardless of whether the permit applicant created the violation, unless the violation can be rectified as part of the development.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 24-660 § 19 (Exh. B); Ord. 24-671 § 3 (Exh. B))
§ 18.40.030 Exclusions from permit requirements.
Except as indicated otherwise, an activity, development or use listed below is excluded from the requirement for a project permit, discretionary land use review, or zoning decision under this title. Exclusion from said requirements does not exempt the activity, development, or use from applicable requirements of this or other titles of EMC, or other applicable federal, state and local regulations.
A.
Landscaping of a detached dwelling or middle housing residence that does not involve a structure, grading, fill, excavation, or otherwise requires a permit to complete.
B.
Fences less than or equal to six feet in height and not obstructing the clear line of vision of vehicular traffic approaching the location from any street or driveway. Fences greater than six feet in height require a building permit and must meet applicable setback standards.
C.
A change internal to a building or other structure that does not substantially affect the use of the structure and that does not require a building permit.
D.
Structures less than 120 square feet and less than 10 feet in height are not subject to a development permit, but are required to meet all appropriate setbacks as listed in EMC § 18.90.150, Setback standards, when placed on the owner's property where the owner resides. No structures may be placed on a lot so as to obstruct the clear line of vision of vehicular traffic approaching on any street or from a driveway.
E.
Any emergency measures necessary for public safety or protection of property. The city shall be notified of any emergency work performed under this provision within seven days. Upon resolution of the emergency, the property owner must either restore the site to its original condition or comply with the requirements of this title, EMC Titles 13, 14, and 15 within 60 days. The city may extend the 60-day time limit when the property owner can show reasonable cause for the delay.
F.
Agricultural uses.
G.
The establishment, performance, construction, or installation of residential accessory uses that do not involve or otherwise require a city permit, license or approval.
H.
The establishment, construction or termination of a public utility facility that directly serves development authorized for any area, including such facilities as a private or public street, sewer, water line, electrical power or gas distribution line, or telephone or television cable system, that do not otherwise require a city permit, license or approval.
I.
Installation or construction of an accessory structure that does not require a building permit.
J.
The stockpiling or broadcasting of less than 50 cubic yards of landscape material, pursuant to EMC § 13.05.010(L).
(Ord. 03-203 § 1; Ord. 16-482 § 2 (Exh. F); Ord. 24-671 § 3 (Exh. B); Ord. 25-0685, 6/24/2025)
§ 18.40.040 Coordination of development permit procedures.
A.
The community development director or designee shall determine the proper procedure for all applications using EMC § 18.40.070, Process types. If there is any question as to the appropriate application process, the higher processing procedure shall prevail.
B.
At the city's sole discretion, an application that involves two or more procedures shall be processed collectively under the highest numbered procedure required for any part of the application. Public hearings with other agencies shall be processed according to EMC § 18.40.190, Notice of public hearing.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.050 Certain regulatory authority not affected.
An application for a land use approval may be denied or approved conditionally under the authority of the city to protect and enhance the public safety, health, and general welfare, and under the State Environmental Policy Act, even though the applicant has attained a vested right against enforcement of an ordinance which changes the regulations, codes, or procedures affecting the land use action.
(Ord. 03-203 § 1; Ord. 24-671 § 3 (Exh. B))
§ 18.40.060 Terminology and methods used.
A.
For purposes of this title, certain terms or words used in this title shall be interpreted as follows:
1.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
2.
The word "shall" is mandatory; and the word "may" is permissive.
3.
The word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied."
B.
In computing time for the purposes of this title, the following apply:
2.
The day that a notice or decision is issued shall not be included in the comment or appeal period, respectively.
C.
Distances will be measured by following a straight line, without regard to intervening structures or improvements, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel, critical area boundary/delineation and related buffers, or the zoning district boundary line from which the proposed use is to be separated.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.070 Process types.
Permit applications for review shall be classified as a Process I, Process II, Process III, or Process IV action, all of which are administrative in nature. Process V actions are legislative in nature. All land use permit applications and decisions are categorized by process type as set forth in this chapter. Please refer to Table 1: Application Processing Type below:
Table 1: Application Processing Type | |||||
|---|---|---|---|---|---|
Process I Minor Administrative Approval | Process II Major Administrative Action | Process III Hearing Examiner Action | Process IV Quasi-Judicial Action | Process V Legislative Action | |
Permits | Administrative interpretations; Boundary line adjustments; Building permit; Design standards review; Final binding site plan; Subdivision modification; Final subdivision; Short plat modification; Final short plat; Limited home business; Manufactured or mobile home permit; ADU approval; Site development permit; Sign permit; Temporary sign permit; Temporary use; Tree removal permit; Zoning decisions | Administrative uses; Administrative variance; Binding site plan per EMC § 16.05.050(B); Binding site plan alteration; Home business; Master plan; Environmental review; Preliminary plat modification; Short plat; Short plat alteration; Unit lot short subdivision | Binding site plan per EMC § 16.05.050(A); Binding site plan alteration; , Conditional uses; Preliminary plat; Plat alteration; Public facilities permits; Reasonable use permit; Variances; Residential cluster development | Site-specific rezone | Ordinance text or area-wide map change; Annexation; Adoption of new planning-related ordinances |
Recommendations | NA | NA | Staff | Planning commission | Planning commission |
Decision-Making Body | Designee | Designee | Hearing examiner | City council | City council |
Appeal | Mayor | Hearing examiner | City council | State agencies, Pierce County superior courts | State agencies, Pierce County superior courts |
Notice/Comment | Not required | Nearby property owners invited to comment on an application | In addition to applicant, others affected invited to present initial information | In addition to applicant, others affected invited to present initial information | Anyone invited to present information |
A.
This section is intended to provide procedures for the processing of permits pursuant to the requirements of Chapter 36.70B RCW, including, but not limited to, preapplication conferences, SEPA consistency, determination of completeness, notice of application, public notice, public hearing and appeal processes for review of project permits. If the procedural requirement of this title were in direct conflict with the state statute, then the state statute would apply.
B.
All permits that are subject to environmental review under SEPA (Chapter 43.21C RCW and EMC Title 20) are subject to the provisions of EMC § 18.40.090. An environmental checklist shall be submitted in conjunction with the submittal of a project permit application subject to EMC § 18.40.140. One environmental threshold determination shall be made for all related project permit applications. The city will not issue a threshold determination, other than a determination of significance (DS), prior to the submittal of a complete project permit application and the expiration of the public comment period in the notice of application pursuant to EMC § 18.40.180, but may utilize the public notice procedures as outlined in EMC § 18.40.190, to consolidate public notice.
C.
The following permits or approvals are specifically excluded from the procedures set forth in this chapter:
4.
Building permits which are categorically exempt from environmental review under SEPA or that do not require street improvements, boundary line adjustments, or other construction permits, pursuant to RCW 36.70B.140.
D.
Consolidated Permit Review Process. Pursuant to the provisions of this chapter, the applicant may elect to consolidate two or more development-related permits for one project action and submit the applications simultaneously. The review process for consolidated permits shall follow the provisions of this chapter. Consolidated permits submitted for the same site with different process types will follow the higher process decision type set forth in Table 1: Application Processing Type, above.
1.
Project Permit Approval Prior to Building Permit Application. An applicant who files an application for any project permit prior to the filing of a valid and complete application for a building permit shall be deemed to have specifically acknowledged that the acceptance and processing of such project permit application shall in no way establish or create a vested right to proceed with construction of any proposed project in accordance with the codes, ordinances, or regulations existing at the time of filing of such application, or at any time thereafter, prior to the filing of a valid and complete building permit application.
2.
Project Permit Approval Together With Building Permit Application.
a.
If project permit approval was not obtained prior to building permit application, the building permit approval is subject to obtaining any required project permit approval and shall not be issued until such project permit approval is obtained.
b.
An applicant who fails to obtain any required project permit approval prior to submitting a building permit application shall be deemed to have specifically acknowledged that the building permit application may expire prior to a decision on any such project permit application, and that the building permit application is made at the applicant's own risk.
(Ord. 03-203 § 1; Ord. 06-269 § 5; Ord. 07-288 § 2; Ord. 15-448 § 2 (Exh. A); Ord. 16-469 § 2 (Exh. A); Ord. 24-671 § 3 (Exh. B); Ord. 25-0686, 7/22/2025)
§ 18.40.080 Process I – Minor administrative approval.
A.
Under Process I, the community development director or designee is authorized to make administrative decisions based on certain criteria as set forth in this title or chapter.
B.
Purpose of Review.
1.
To review a proposal for compliance with the provisions of this chapter and all other applicable law.
2.
To ensure that the health, safety, and welfare of the citizens of the city is preserved.
3.
To provide an expedient and reasonable land use review process for administrative decisions and interpretations of this chapter.
D.
In making a decision on the application, the community development director or designee may approve or approve with conditions the application only if it is consistent with all applicable development regulations and the provisions of this chapter.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 23-652 §§ 55, 56 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.090 Process II – Major administrative action.
A.
Under Process II, the community development director or designee will make the initial land use decision based on written comments and information.
B.
Purpose of Review. In addition to the purpose stated under EMC § 18.40.080(B), Process II helps ensure that the proposal is coordinated, as is reasonable and appropriate, with other known or anticipated development on private properties in the area and with known or anticipated right-of-way and other public improvement projects within the area.
D.
The State Environmental Policy Act (SEPA) applies to some of the decisions that will be made using this process. The community development director or designee shall evaluate each application pursuant to Chapter 20.05 EMC, Environmental Review – The State Environmental Policy Act (SEPA).
E.
G.
The burden of proof for demonstrating compliance with this title and the applicable technical codes and standards is on the applicant and permittee.
H.
The community development director or designee shall consider all written comments and information regarding the requested decision that are received by the community development department before the deadline contained within the notice of application.
I.
Decision.
1.
Coordination with Decisions Under the State Environmental Policy Act. If a SEPA threshold determination is required to be issued, the threshold determination must follow the end of the public comment period, but precede the community development director's or designee's decision. If the SEPA threshold determination is appealed, the community development director's or designee's Process II decision shall be issued sufficiently in advance of the open record hearing on the threshold determination appeal to allow any appeal of the land use and/or design review decision to be consolidated and heard with the appeal of the threshold determination.
2.
In making a decision on the application, the community development director or designee shall use the criteria listed in the provisions of this title. In addition, the community development director or designee may approve the application only if it is consistent with all applicable development regulations and the provisions of this chapter.
3.
The community development director or designee shall include in the written decision any conditions and restrictions that are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are included become part of the decision.
4.
Notice of Decision. The project's notice of decision shall comply with time periods and standards provided in EMC § 18.40.200, Notice of Decision.
5.
Decisions under this section shall become final upon the expiration of the appeal period, unless appealed. Upon the decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved.
J.
An applicant or other party of record who may be aggrieved by the decision may file an appeal within 14 calendar days of the issuance of the community development director's decision in accordance with EMC § 18.40.210, Administrative appeals. Appeals of Process II permits shall be heard by the hearing examiner in an open record appeal.
K.
Permit or Approval Expiration.
1.
The applicant under this process must begin construction or submit a complete building permit application for the development activity, use of land or other actions within one year after the final decision is issued, or the decision becomes void.
2.
The applicant must substantially complete construction for the development activity, use of land, or other actions approved under this process and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to EMC § 18.40.210, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation.
3.
If the development activity, use of land, or other actions approved under this chapter includes phased construction, the time limits of this section may be extended in the decision on the application, to allow for completion of subsequent phases.
L.
Prior to the lapse of approval under subsection (K) of this section, the applicants may submit a written application in the form of a letter with supporting documentation to the community development department requesting a one-time extension of those time limits (time extension) of up to one year.
1.
The request must demonstrate that the applicant is making substantial progress on the development activity, use of land or other actions approved under this chapter and that circumstances beyond the applicant's control prevent compliance with the time limits of subsection (K) of this section.
2.
The applicant shall include, with the letter of request, the fee as set forth in the city of Edgewood fee schedule. The application will not be accepted unless it is accompanied by the required fee.
3.
An application for a time extension will be reviewed and decided upon by the community development director or designee. The community development director's decision on the one-time extension request is final and not appealable.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 23-652 §§ 57, 58, 59 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.100 Process III – Hearing examiner action.
A.
Under Process III the hearing examiner will make the initial decision following a public hearing. City council will decide appeals from the hearing examiner decision on the land use element.
B.
Purpose of Review. In addition to the purpose stated under EMC § 18.40.090(B), Process III encourages proposals that embody good design standards principles that will result in high quality development on the subject property.
D.
Official File.
1.
The community development director or designee shall compile an official file on the application containing the items listed under EMC § 18.40.090(E)(1) and the following:
G.
The State Environmental Policy Act (SEPA) applies to some of the decisions that will be made using this chapter.
1.
The community development director or designee shall evaluate each application and, where applicable, comply with SEPA and with state regulations and city ordinances issued under the authority of the SEPA.
2.
Where a threshold determination under the SEPA is required, the responsible official shall issue a determination at least 29 calendar days prior to the hearing before the hearing examiner to allow any appeal of the threshold determination to be consolidated with the hearing on the application for Process III approval.
H.
The community development director or designee shall prepare a staff report concerning the application being processed pursuant to this section.
1.
The staff report shall contain the following information:
a.
All pertinent application materials.
b.
All comments regarding the matter received by the community development department prior to distribution of the staff report.
c.
An analysis of the application under the relevant provisions of this chapter and the comprehensive plan.
d.
A statement of the facts found by the community development director or designee and the conclusions drawn from those facts.
e.
A recommendation on the matter.
2.
At least seven calendar days before the hearing, the community development director or designee shall distribute the staff report to the hearing examiner and the applicant.
I.
Public Hearing.
1.
The hearing examiner shall hold a public hearing on each application.
2.
The hearings of the hearing examiner are open to the public.
3.
The hearing examiner shall make a complete electronic audio recording of each public hearing.
4.
Any person may participate in the public hearing in either or both of the following ways:
a.
By submitting written comments to the hearing examiner, either by delivering these comments to the community development department prior to the hearing or by giving comments directly to the hearing examiner at the hearing; or
b.
By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.
5.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that more information on the matter is needed. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.
J.
Hearing Examiner Decision.
1.
The hearing examiner decision shall comply with the standards and procedures provided in EMC § 2.40.110.
2.
The hearing examiner may require a bond under EMC § 18.30.120, Security mechanisms, to ensure compliance with any aspect of a permit or approval.
3.
Notice of Hearing Examiner Decision. The project's notice of decision shall comply with time periods and standards provided in EMC § 18.40.200, Notice of decision.
4.
Decisions under this section shall become final upon the expiration of the appeal period, unless appealed. Upon the decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved.
K.
Appeals. An applicant or other party of record who may be aggrieved by the decision may file an appeal within 14 calendar days of the issuance of the hearing examiner's decision in accordance with EMC § 18.40.210, Administrative appeals. Appeals shall be heard by the city council as a closed record appeal.
L.
Permit or Approval Expiration. See EMC § 18.40.090(K).
M.
Time Extension. For all Process III applications and permits except subdivisions, see EMC § 18.40.090(L).
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 23-652 §§ 60, 61, 62 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.110 Process IV – Site-specific rezones.
A.
Purpose. The purpose of this section is to establish procedures for site specific applications to rezone property from one zoning classification to another.
B.
Administration and Procedures. The director is authorized and directed to administer the provisions of this chapter relating to site-specific rezones. The authority to hold a public hearing and provide a final recommendation is granted to the hearing examiner and the city council has the authority to make the final decision after a closed record hearing. If approved, the city council will adopt an ordinance amending the city's official zoning map.
C.
Application. In addition to the information required in EMC § 18.40.140, Project permit applications, the following materials shall be submitted to the city for a complete application:
1.
Identification of all sections of the comprehensive plan policies and map addressing the property subject to the application, including identification of the comprehensive plan map designation;
2.
Description of any proposed development of the property under the proposed zoning designation;
3.
An explanation of how the proposed amendment and associated development proposal(s), if any, conform to, conflict with, or relate to the criteria set forth in subsection (D) of this section, as applicable;
4.
A completed SEPA checklist including the supplement sheet for nonproject actions; and
5.
A title report dated within 30 calendar days of submittal for the subject property.
D.
Criteria of Approval.
2.
The applicant must demonstrate compliance with the following criteria for approval of a site-specific rezone:
a.
The proposed rezone is consistent with the comprehensive plan and complies with all other applicable city regulations in place at the time of complete application;
b.
The subject property is suitable as is for development in general conformance with the purpose and zoning standards under the proposed zoning district and would not require a variance request in order to develop the property with a change in zoning;
c.
The impact of more intense zones on less intense zones or industrial and commercial zones on other zones is minimized by the use of transitions or buffers, if possible;
d.
Physical buffers may provide an effective separation between different uses and intensities of development. The following elements may be considered as buffers:
e.
Zone Boundaries. Commercial and residential areas are established so that commercial uses face each other across the street on which they are located, and face away from adjacent residential areas, except where physical buffers can provide a more effective separation between uses;
f.
The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject property;
g.
Adequate public facilities and services are available, or can be made available, to serve the development allowed by the proposed rezone;
h.
The rezone is warranted because of significantly changed conditions on the site or in the surrounding area;
i.
The probable adverse environmental impacts of the types of development allowed by the proposed zone can be mitigated taking into account all applicable regulations.
E.
Conditions. A site-specific rezone may be conditioned based on the criteria set forth in this section and RCW 43.21C.060 (SEPA).
F.
Deadline for a Final Decision. A site-specific rezone shall be approved, approved with conditions or denied within 170 calendar days after the application has been determined complete per Chapter 36.70B RCW.
G.
Expiration.
1.
A site-specific rezone approval shall expire three years from the effective date of the approval, unless:
2.
When a site-specific rezone expires, the official land use map shall be amended so that the zoning designation in effect immediately prior to the approval shall reapply to the subject property, except as otherwise expressly provided in the original ordinance adopting site-specific rezone.
(Ord. 24-671 § 3 (Exh. B))
§ 18.40.120 Process V – Legislative review.
A.
Purpose. To establish procedures for amendment of the city's comprehensive plan map/text and the development regulations.
B.
All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) is recommended to apply for a preapplication conference with the city's staff.
H.
Official File.
1.
The community development director or designee shall compile an official file on the application containing the following:
I.
Notice of Public Hearing. Notice provisions shall be followed for both the development regulations amendment and comprehensive plan map/text amendment public hearings.
J.
The public hearing is subject to EMC § 18.60.070, Public notice. The public notice shall comply with EMC § 18.60.070(D) and provide the following additional details:
K.
Staff Report.
1.
The community development director or designee shall prepare a staff report containing:
L.
The planning commission shall hold public hearings on each proposal.
M.
Any interested person may participate in the planning commission public hearing in either or both of the options described in EMC § 18.40.100(I)(4) for hearing examiner public hearing participation.
N.
Planning Commission Recommendation.
1.
Following the public hearing, the planning commission shall consider the proposal considering the decisional criteria in EMC § 18.60.220, and take one of the following actions:
a.
If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal.
b.
If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal.
c.
If the planning commission is unable to take either of the actions, the proposal will be sent to city council with the notation that the planning commission makes no recommendation.
2.
The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action.
O.
Report to City Council.
1.
The community development director or designee shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal.
2.
The community development director or designee shall promptly send a copy of the planning commission report to all parties of record.
P.
City Council Action.
1.
Within 60 calendar days of receipt of the planning commission report by the community development director, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal.
2.
In deciding upon the proposal, the city council shall use the decisional criteria listed EMC § 18.60.220.
3.
After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall:
a.
Approve the proposal by adopting an appropriate ordinance;
b.
Modify and approve the proposal by adopting an appropriate ordinance;
c.
Disapprove the proposal by resolution; or
d.
Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 23-652 § 63 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.130 Preapplication conference.
A.
The purpose of the preapplication process is for the applicant to provide city staff with the necessary information about the proposed project and site conditions so that the city can efficiently and effectively provide the applicant with the requirements that must be met to have the proposal proceed through the formal review process.
B.
Any potential applicant may request a preapplication meeting. For the city to accurately evaluate the proposed project at the preapplication conference, the applicant should provide at a minimum:
C.
At a minimum, the meeting shall be scheduled with applicable representatives from the city, including but not limited to the planning, engineering, and building divisions. Representatives from other departments or agencies are encouraged to attend to provide comments on the proposed land use development permit application.
D.
It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the meeting shall not bind or prohibit the city's future application or enforcement of all applicable laws.
E.
Review of a proposal at a preapplication meeting does not vest any project.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.140 Project permit applications.
A.
All applications for permit, discretionary or zoning decision specified in this title shall be submitted on application forms prepared by the director.
B.
All applications shall be signed by the property owner or an authorized representative.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 23-652 § 64 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.150 Determination of completeness.
A.
For the purposes of this title, a complete application is one that contains all items required under EMC § 18.40.140.
B.
Determination of Complete Application.
1.
Within 28 calendar days after receiving a project permit application, the city shall provide a written determination of completeness to the applicant via electronic mail which states either that:
a.
The application is complete; or
b.
The application is incomplete and that the procedural submission requirements of the city have not been met. The determination will outline what is necessary to make the application procedurally complete. To the extent known by the city, the determination will identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
2.
If the city does not provide a written determination to the applicant that the application is incomplete within 28 calendar days, the application shall be deemed procedurally complete on the twenty-ninth day after receiving a project permit application. When the city does not provide a written determination to the applicant that the application is procedurally incomplete, the city may still seek additional information or studies as provided for in subsection (B)(3) of this section. The time period guidelines for review of project permit applications begins following the determination of a complete application, as set forth in EMC § 18.40.200.
3.
Additional information or studies may be required or project modifications may be undertaken subsequent to the procedural review of the application by the city. The city's determination of completeness shall not preclude the city from requesting additional information. However, if the procedural submission requirements as outlined on the project permit application have been provided, the need for additional information or studies may not preclude a completeness determination.
C.
If the applicant receives a written determination from the city that an application is procedurally incomplete, the applicant shall have 90 calendar days to submit the necessary information to the city. If the applicant does not submit the required information within the 90-calendar-day period, the application shall lapse due to a lack of information necessary to complete the review. No extensions shall be granted.
D.
Within 14 calendar days after the applicant has submitted the requested additional information, the city shall make a determination as described in subsection (B) of this section; provided, however, that if upon review the application remains procedurally incomplete, the application shall lapse due to a lack of information necessary to complete the review, and the applicant shall be notified in writing of the determination.
(Ord. 03-203 § 1; Ord. 23-652 §§ 65, 66 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.160 Incorrect applications.
A.
Following a determination of a complete application, if the city finds that additional information is necessary or corrections are required to make the proposal consistent with the comprehensive plan and development regulations, the city shall provide a letter to the applicant:
B.
The applicant receives a written determination from the city that corrections or additional information are necessary, the applicant shall have up to 90 calendar days to submit the necessary information to the city.
1.
The director may allow for up to a total of two extensions to submit the required information, not to exceed an additional 90 calendar days each. Requests must be made in writing a minimum of 10 calendar days prior to the submittal deadline.
2.
If the applicant either refuses in writing to submit corrected information or does not submit the corrected information within the 90-calendar day period, the application shall lapse.
3.
The city shall have 14 calendar days to review the submittal of corrected information.
C.
If the application requires a second request for additional or corrected information, the city shall schedule a meeting with said request in an attempt to resolve outstanding issues during the review process with the applicant. The meeting shall be scheduled within 14 calendar days of the correction letter date, unless the applicant requests an alternative date or refuses to meet. Following this attempt, if the city receives the additional or corrected information and proceeds with review, the community development director shall either approve or deny the application.
(Ord. 03-203 § 1; Ord. 24-671 § 3 (Exh. B))
§ 18.40.170 Referral of applications.
Within 14 calendar days of determining a complete application, the community development director or designee shall transmit a copy of the application, or appropriate parts of the application, to each appropriate agency and city department for review and comment, including those responsible for determining compliance with state, federal and county requirements. The affected agencies and city departments shall have 15 calendar days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The community development director or designee may grant an extension of time if the application involves unusual circumstances.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.180 Notice of application.
A.
Applicability. This section applies to all short plats and all Process II, III, IV, and V applications.
B.
A notice of application shall not be required for project permits that are categorically exempt under Chapter 43.21C RCW, unless an open record public hearing is required or an open record appeal hearing is allowed on the project permit decision.
C.
The notice of application shall include the following:
1.
The application number;
2.
The name of the applicant;
3.
The date of application, the date of the notice of complete application, and the date of the notice of application;
4.
The physical location of the proposal, if applicable;
5.
A description of the proposal;
6.
A list of the permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;
7.
The identification of other permits not included in the application to the extent known by the local government;
8.
The identification of existing environmental documents that evaluate the proposed project;
9.
The location where the application and any studies can be reviewed;
10.
A statement of the public comment period, which shall be not less than 14 nor more than 30 calendar days following the date of notice of application;
11.
A statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
12.
The date, time, place, and type of public hearing, if applicable and scheduled at the date of notice of the application;
13.
A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.030(2) and 36.70B.040;
14.
If the city is using the optional DNS process (WAC 197-11-355), additional information will be added to the notice as required by WAC 197-11-355(2); and
15.
Any other information determined appropriate by the director.
D.
Distribution. All required notices of application shall be:
1.
Mailed to all owners of real property as shown by the records of the county assessor's office within 300 feet of the subject property;
2.
Mailed or electronically mailed to any party of record, departments and agencies with jurisdiction, or any person who has made a written request to receive such notice;
4.
The director(s) may publicize a given application more broadly or by additional means than stated herein if a greater level of public awareness is deemed necessary;
5.
If the city is using the optional DNS process (WAC 197-11-355), EMC § 20.05.200(A)(2) notice distribution standards will apply;
6.
For short subdivisions and subdivisions, notice shall be given as provided in EMC Title 16.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 20-592 § 1 (Exh. 1); Ord. 24-671 § 3 (Exh. B))
§ 18.40.190 Notice of public hearing.
A.
Notice of public hearing is required for all types of applications for which a public hearing is held. Notice of public hearing shall contain the following information:
1.
The name of the applicant or the applicant's representative;
2.
Description of the affected property;
3.
The date, time, and place of the hearing;
4.
The nature of the proposed use or development;
5.
A statement that all interested persons may appear and provide testimony;
6.
When and where information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;
7.
The name of a city representative to contact and the telephone number where additional information may be obtained;
8.
That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the cost of reproduction; and
9.
That a copy of the staff report will be available for inspection at no cost at least five calendar days prior to the hearing and copies will be provided at the cost of reproduction.
10.
A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made.
11.
A statement that only persons who submit written or oral comments to the hearing examiner may appeal the hearing examiner's decision.
B.
Notice of Public Hearing Procedures.
1.
The notice of public hearing shall contain the following information:
a.
Project location;
b.
Project description and nature of issues to be discussed at the hearing;
c.
Type of permit(s) required;
d.
Comment period dates and how written comments addressing findings required for a decision by the hearing body may be submitted; and
e.
The location where the complete application may be reviewed.
2.
The posted notice of hearing shall be added to the sign already posted on the property pursuant to EMC § 18.40.180.
3.
Notice of public hearing for Process III and IV actions shall comply with EMC § 18.40.180(D). Process V legislative actions shall require published notice in the local paper and use all other methods of notice as required by RCW 35A.12.160.
C.
Notice shall be mailed, posted and first published not less than 15 nor more than 30 calendar days prior to the hearing requiring the notice. Any posted notice shall be removed by the applicant within 10 calendar days following the conclusion of public hearing(s).
D.
Open record hearings shall be conducted in accordance with this section. The community development director or designee shall be responsible for the hearing and shall:
1.
Schedule an application for review and public hearing;
2.
Give notice; however, applicant is responsible for some of the notice requirements;
3.
Prepare the staff report on the application, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the city's authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append this determination. In the case of a Process I or Process II project permit application, this report may be the permit; and
4.
Prepare the notice of decision, if required by the hearing body, and/or mail a copy of the notice of decision to those required by this code to receive such decision.
5.
The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended.
6.
Ex Parte Communications.
a.
No member of the hearing body may communicate, directly or indirectly, regarding any issue in a quasi-judicial proceeding before them, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless they provide notice and opportunity for all parties to participate; except as provided in this section:
b.
If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in subsection (D)(6)(c) of this section.
c.
If the hearing body receives an ex parte communication in violation of this section, they shall place on the record:
d.
The hearing body shall advise all parties that these matters have been placed on the record.
e.
Upon request made within 10 calendar days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.
7.
Disqualification.
a.
Any member who is disqualified may be counted only by making full disclosure to the audience, abstaining from voting on the disqualification, vacating the seat on the hearing body and physically leaving the hearing.
b.
If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be requalified and shall proceed to resolve the issues.
c.
Except for Process IV actions, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.
8.
The burden of proof is on the proponent, pursuant to EMC § 18.30.090, Burden of proof. The project permit application must be supported by proof that it conforms to the applicable elements of the city's development regulations, comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
9.
The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate:
a.
Before receiving information on the issue, the following shall be determined:
c.
Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record; however, the hearing body may take notice of matters listed in subsections (D)(6)(a) and (D)(6)(b) of this section if stated for the record. Any matter given official notice may be rebutted.
d.
The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner, and circumstances of such view on the record.
e.
Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.
f.
When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided.
10.
The hearing body shall issue a recommendation or decision, as applicable, within 14 calendar days of the record being closed.
11.
A party of record may ask for a reconsideration of a decision by the hearing examiner for a Process III action or a recommendation by the planning commission for a Process IV action. Reconsideration is not authorized for Process I and Process II applications. A reconsideration may be requested if either:
a.
A specific error of fact or law can be identified; or
b.
New evidence is available which was not available at the time of the hearing.
c.
A request for reconsideration shall be filed by a party of record within seven working days of the date of the initial decision/recommendation. Any reconsideration request shall cite specific references to the findings and/or criteria contained in the ordinances governing the type of application being reviewed. A request for reconsideration temporarily suspends the appeal deadline. The hearing examiner shall promptly review the reconsideration request and within 10 working days issue a written response, either approving or denying the request. If the reconsideration is denied, the appeal deadline of the hearing examiner's decision shall recommence for the remaining number of days. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued.
E.
The community development director or designee may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as:
1.
The other agency consents to the hearing;
2.
The other agency is not expressly prohibited by statute from doing so;
3.
Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule;
4.
The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing; and
5.
The hearing is held within the Edgewood city limits.
F.
An applicant may request that the public hearing on a permit application be combined as long as the hearing can be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings.
(Ord. 03-203 § 1; Ord. 15-448 § 2 (Exh. A); Ord. 23-652 § 67 (Exh. A); Ord. 24-671 § 3 (Exh. B))
§ 18.40.200 Notice of decision.
A.
The decision-making body (identified in EMC § 18.40.190) shall issue the notice of decision within the specified times contained in this chapter.
C.
The number of calendar days an application is in review shall be calculated from the day completeness is determined under EMC § 18.40.150 to the date a final decision is issued on the project permit application.
D.
The number of calendar days in review shall be calculated by counting every day, excluding the following periods:
1.
The period between the day that the city has notified the applicant, in writing, that additional information is required to further process the application and the day when the applicant is notified in writing that the additional information satisfies the request or 14 calendar days after the last required resubmitted information.
2.
Any period after an applicant informs the city, in writing, that they request a temporary suspension of the review of the application, until the time that the applicant notifies the city, in writing, that they would like to resume the application:
a.
If any request to suspend the application or to resume review is received on a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city's ordinances as a legal holiday, then the corresponding date shall be calculated from the next business day;
b.
Any such suspension shall be permitted a maximum of one time, for a minimum of 60 calendar days and a maximum of 180 calendar days; and
c.
If the city does not receive notice from the applicant to resume review, the application shall lapse;
d.
If an applicant suspends the review of an application for more than 60 calendar days, an additional 30 calendar days will be added to the time periods for final decision, as set forth in this section.
3.
Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.
4.
If the application requires approval of a development agreement, or amendments to the comprehensive plan, development regulations, or zone reclassification.
5.
Annual amendments to the comprehensive plan.
6.
The project permit is to rectify a code violation.
7.
Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
8.
Any extension of time mutually agreed upon by the applicant and the city.
9.
Any period during which a landmark designation, street vacation, or other approval relating to the use of public areas or facilities is being considered.
10.
Any of the following applications: boundary line adjustment, final short subdivisions, final subdivisions, siting of essential public facilities, building applications and associated construction applications, site-specific rezones.
E.
The time periods for the city to process an application shall restart if an applicant proposes a change in use or a change that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use.
F.
Notice of Decision Contents.
1.
Process I Notice of Decision. The notice of decision shall be the permit itself or a separate written decision with limited facts and findings.
2.
All Other Notice of Decisions. The notice of decision shall include the following in a written decision:
a.
A statement granting, modifying and granting, or denying the application.
b.
Any conditions and restrictions that are imposed.
c.
A statement of facts presented by the community development director or designee that support the decision, including any conditions and restrictions that are imposed.
d.
A statement of the decision-making body conclusions based on those facts.
e.
A statement of the criteria used in making the decision.
f.
The date of the decision.
g.
A summary of the rights, as established in this process, of the applicant and others to appeal the decision.
h.
A statement of any threshold determination made under the State Environmental Policy Act, WAC 197-11-330, Threshold determination process.
G.
Notice of Decision Distribution. The notice of decision shall be provided via mail or electronically to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The city shall provide notice of the decision to the county assessor's office if affected property owners request a change in valuation for property tax purposes.
(Ord. 24-671 § 3 (Exh. B))
§ 18.40.210 Administrative appeals.
A.
Applicability. This section applies to administrative appeals of decisions on project permit applications when allowed by this chapter.
B.
Timing and Contents of Appeal. A letter of appeal must be delivered to the department of community development within 14 calendar days after issuance of the decision being appealed. The letter of appeal must include:
1.
A statement identifying the decision being appealed, along with a copy of the decision;
2.
A statement of the alleged errors in the decision, including identification of specific factual findings and conclusions of the community development director or designee disputed by the person filing the appeal;
3.
The specific relief sought;
4.
The appellant's name, address, and telephone number, and any other information to facilitate communications with the appellant; and
5.
Payment of the fee as established by the city. The appeal will not be accepted unless it is accompanied by the required fee.
C.
Standing. Only those persons with standing to appeal the decision may participate in the appeal. These persons may participate in either or both of the following ways:
1.
By submitting written comments or information to the community development department prior to the hearing or to the hearing examiner during the hearing.
2.
By appearing in person, or through a representative, at the hearing and submitting oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing.
D.
Staff Report on Appeal.
1.
The community development director or designee shall prepare a staff report on the appeal containing the following:
E.
Open Record Appeal.
1.
Open record appeal hearings shall be open to the public.
2.
The appellate body shall make an audio recording of each hearing.
3.
The person filing the appeal has the responsibility of convincing the appellate body by a preponderance of the evidence that the decision contains an error of law or that its findings of fact or conclusions are incorrect pursuant to EMC § 18.30.090, Burden of proof.
4.
The scope of the appeal is limited to the errors raised or the specific factual findings and conclusions disputed in the letter of appeal. The appellate body may only consider evidence, testimony or comments relating to errors raised or the disputed findings and conclusions. The appellate body may not consider any request for modification or waiver of applicable requirements of this chapter or any other law.
5.
The appellate body may continue the hearing if, for any reason, the appellate body is unable to hear all of the public comments on the appeal or if the appellate body determines that more information is needed within the scope of the appeal. If, during the hearing, the appellate body announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.
6.
Decision on Appeal.
a.
The appellate body shall consider all information and comments within the scope of the appeal submitted by persons entitled to participate in the appeal. The appellate body shall either affirm or change the findings and conclusions of the decision that were appealed. Based on the appellate body's findings and conclusions, the appellate body shall either affirm, reverse or modify the decision being appealed.
b.
Within 10 working days after the public hearing, the appellate body shall issue a written decision on the appeal. Within five working days after it is issued, the appellate body shall distribute the decision as follows:
c.
The decision by the hearing examiner is the final decision of the city, subject to review pursuant to RCW 36.70C.040 in the Pierce County superior court in accordance with EMC § 18.40.220.
F.
Closed Record Appeal.
1.
Closed record appeal hearings are open to the public.
2.
The city council shall make a complete electronic audio recording of each closed record appeal.
3.
The person filing the appeal has the responsibility of convincing the city council by a preponderance of the evidence that the decision being appealed contains an error of law or that its findings of fact or conclusions are incorrect.
4.
The scope of the appeal is limited to the specific errors raised or factual findings disputed in the letter of appeal. The city council shall consider only the following:
a.
The information received by the department with the letter of appeal;
b.
The record before the original decision maker, including admitted exhibits and evidence;
c.
Appeal arguments by the appellant and other parties of record on appeal, provided that appeal argument shall address only the issues raised by the letter of appeal; and
d.
New evidence that was not presented to or considered by the hearing examiner, but only if that evidence relates to the validity of the original decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the original decision.
5.
Decision on Appeal. After considering the matter as provided in this section, the city council shall take one of the following actions:
a.
If city council determines that the disputed findings of fact and conclusions are the correct findings of fact and conclusions, the council shall affirm the decision.
b.
If city council determines that the disputed findings of fact and conclusions are not correct and that correct findings of fact and conclusions do not support the decision of the hearing examiner, the council shall modify or reverse the decision.
c.
The decision of city council is the final decision of the city, subject to review pursuant to RCW 36.70C.040 in the Pierce County superior court in accordance with EMC § 18.40.220.
G.
Notice of Decision. Following the final decision on appeal, the community development director or designee shall prepare a notice of the city's final decision on the application. To the extent the decision does not do so, the notice shall include a statement of any threshold determination made under the State Environmental Policy Act, WAC 197-11-330.
H.
The following apply to appeals allowed under SEPA:
1.
The SEPA appeal is limited to review of a final threshold determination and final EIS.
2.
No appeal of the intermediate steps under SEPA, such as lead agency determination, scoping, or draft EIS adequacy, is allowed.
3.
Only one administrative appeal of a threshold determination or of the adequacy of an EIS is allowed. Successive administrative appeals on these issues are prohibited.
4.
An appeal of SEPA procedures must be consolidated with any appeal of the associated project permit, except that the following need not be consolidated:
a.
The appeal of a determination of significance;
b.
An appeal of a procedural determination made by an agency when the agency is a project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit; and
c.
An appeal of a procedural determination made by an agency on a nonproject action.
5.
Judicial review of any SEPA determination must be coupled with an appeal of the city's final action on the underlying application.
I.
Notice of Decision. Following the final decision on appeal, the community development director or designee shall prepare a notice of the city's final decision on the application. To the extent the decision does not do so, the notice shall include a statement of any threshold determination made under the State Environmental Policy Act, WAC 197-11-330.
(Ord. 24-671 § 3 (Exh. B))
§ 18.40.220 Judicial appeals.
A.
The city's final decision or appeal decision on a project permit application may be appealed by a party of record with standing to file a land use petition in Pierce County superior court.
(Ord. 24-671 § 3 (Exh. B))