Walla Walla, WA Zoning Ordinance

Applications for building, mechanical or plumbing permits for existing residential structures which do not change the size or use of the structure; provided, however, that applications for such permits shall be made.

Issuance of permits for activities for which an approval has already been granted, and the responsible official determines that environmental review is either categorically exempt under Chapter 43.21C RCW or previously completed in connection with other project permits; provided, however, that applications for such permits shall be made.

No development or action in a critical area or a buffer zone regulated by Chapter 21.04 shall be exempt from the review provisions of this title.

All developments and actions shall satisfy concurrency requirements of the city. Developments and actions otherwise exempted by subsection B of this section which do not satisfy concurrency requirements shall be subject to the review provisions of this title.

Non-project actions require review and approval by the city as provided in this title.

(Ord. 2008-06 § 25, 2008; Ord. 2012-09 § 15, 2012; Ord. 2017-45 § 61, 2017; Ord. 2018-53 § 7(part), 2018)

§ 20.14.030 Permit assistance – Consolidated project permit review – Concurrent non-project review – Pre‑application process.

The development services department personnel are designated as general permit assistance staff. The director may designate special permit assistance staff upon an application.

Consolidated Permit Review Process. Development services staff shall attempt to determine if more than one permit approval or action under this code is required for a proposal, and notify the applicant prior to issuance of a determination of completeness; provided, however, that the failure of staff to notify the applicant shall not extend the time to elect to consolidate review processes. An applicant may elect in writing to consolidate the review processes for project permits subject to the following:

A project permit review process shall not be consolidated with a non-project action approval process.

Director interpretations, Level I matters, Level II matters, Level III matters, and Level IV matters shall not be consolidated with Level V or Level VI processes;

The election to consolidate project permit review processes must be filed with the department prior to issuance of a determination of completeness or it is deemed waived; provided, however, that the director may consolidate project permit review processes in his or her discretion even if an election is not timely made;

In the event that project permit review processes are consolidated, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated review process;

In the event that consolidated review processes involve open record hearings before the same hearing body, they will be consolidated into one joint hearing;

In the event that consolidated review processes involve open record hearings before more than one hearing body, they will be consolidated into one joint hearing; provided, however, that one hearing body may designate another to conduct the joint hearing on its behalf and without its presence. The hearing bodies shall separately consider the application as soon as practicable upon the record after the hearing has been conducted;

Consolidation shall not change the designation of the approving authority for any review process. The department shall determine the order of processing subject to the following unless otherwise ordered by the director after reviewing special processing considerations presented by a particular proposal:

If processes are consolidated which involve the same approving authority, they shall be scheduled in a manner which allows the approving authority to consider all matters contemporaneously, and the approving authority shall issue a consolidated final decision;

If processes requiring director or department decisions are consolidated with a Level III process, the director or department decisions shall be made first, and the administrative appeal, if any, of such decisions shall be consolidated and presented to the hearing examiner in a manner which allows the hearing examiner to consider the appeal and the Level III decision contemporaneously, and the hearing examiner shall issue a consolidated final decision on the appeal and the Level III matter;

If processes requiring director or department decisions are consolidated with a Level IV project permit process, the director or department decisions shall be made first; the appeal, if any, of such decisions shall be consolidated and decided by the hearing examiner prior to the Level IV public hearing; and the hearing examiner's appeal decision shall be made part of the record in the Level IV public hearing, but it is not subject to revision through the Level IV process. In such cases, the hearing examiner's appeal decision shall be deemed final for purposes of further appeal, if available, at the time of issuance of the final decision by the city council on the Level IV matter;

If processes requiring director or department decisions are consolidated with a Level III process and a Level IV project permit process, the director or department decisions shall be made first; the appeal, if any, of such decisions shall be consolidated and decided by the hearing examiner prior to the consolidated Level III and Level IV public hearing; the hearing examiner's appeal decision shall be made part of the record in the consolidated Level III and Level IV public hearing, but it is not subject to revision through the Level III or Level IV processes; the hearing examiner decision on the Level III matters and, if applicable, any hearing examiner recommendation on Level IV matters shall be consolidated into a joint final decision on the Level III matter and recommendation on any Level IV matter; and all hearing examiner and planning commission recommendations on Level IV matters shall be contemporaneously presented to the city council. In such cases, the hearing examiner's appeal decision and Level III decision shall be deemed final for purposes of further appeal, if available, at the time of issuance of the final decision by the city council on the Level IV matter;

If a Level III process is consolidated with a Level IV project permit process, the hearing examiner's decision on the Level III matters and, if applicable, any hearing examiner recommendation on Level IV matters shall be consolidated into a joint final decision on the Level III matter and recommendation on any Level IV matter; and all hearing examiner and planning commission recommendations on Level IV matters shall be contemporaneously presented to the city council, but any hearing examiner final decision on the Level III matter is not subject to revision through the Level IV process. In such cases, the hearing examiner's Level III decision shall be deemed final for purposes of further appeal, if available, at the time of issuance of the final decision by the city council on the Level IV matter;

If Level IV project permit processes are consolidated, the recommendations of hearing examiner and planning commission shall be contemporaneously presented to the city council.

Concurrent Non-Project Review.

Except as provided in RCW 36.70A.130 proposals to amend the Comprehensive Plan shall be considered no more frequently than once a year and all proposals shall be considered concurrently so the cumulative effect of the various proposals can be ascertained.

Non-project approvals may be processed concurrently with other non-project approvals at the discretion of the director, but they shall not be consolidated.

A preapplication conference may be required by the department prior to filing of an application, and a preapplication conference shall be required for subdivisions, short plats, planned unit developments, binding site plans, or if permit assistance staff determines prior to filing of the application that more than one permit approval or action under this code is required for a proposal. The applicant shall arrange such conference with the development services department to review the proposed action, to become familiar with the policies, plans and development requirements of the city of Walla Walla and to coordinate all necessary permits and procedures. Any information or opinions expressed by the city shall not be binding or constitute approval of the project.

At any time prior to issuance of a determination of completeness, the applicant may request that the following be provided:

A form which lists the requirements for a completed application;

A general summary of the procedures to be used for processing the application;

The references to the relevant code provisions, development standards, and regulations which may apply to the approval of the application; and

The city's design guidelines.

It is not possible for permit assistance by staff or the conference to be an exhaustive review of all possible issues. Neither staff advice nor information provided by the city to the applicant shall bind the city or prohibit the city's future application or enforcement of all applicable law and other requirements.

(Ord. 2008-06 § 26, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.040 Application required.

Unless exempted or excepted by this title, an application must be filed for any action requiring city approval. An application for a land use decision shall consist of the materials specified in this section:

A completed application form, signed by the owner and applicant or authorized representative, which includes the applicant's current address; signature by the owner may be submitted via email. The applicant shall be required to designate a single person or entity to receive determinations and notices upon an application and provide a single address which shall serve as the address for all correspondence and any required notices regarding the application. It shall be the applicant's responsibility to notify the city in writing of any change of address or designation.

An explanation of intent, stating the nature of the proposal, reasons for the request, pertinent background information, information required by the pertinent sections of this code, and other information that may have a bearing on the processing of the application.

Proof that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has the consent of all partners in ownership of the affected property, or that the applicant has the authority to act as agent for the owner of the property.

A property or legal description of the property affected by the application.

Application fee.

Evidence of water and sewer availability.

A general or detailed site plan, as determined by the director to be necessary based on the scope of the proposal.

Information required by other municipal code sections for the particular type of proposal.

All of the information needed by the department to make determinations required by Section 20.14.060(C).

Additional information requested by the department such as, without limitation, a SEPA environmental checklist when required or sufficient materials to determine that an application is exempt from SEPA threshold determination requirements.

(Ord. 2008-06 § 27, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.045 Application exemptions.

An application need not be filed for non-project actions initiated by the city; provided, however, such actions shall be processed in accordance with the provisions of this title except as provided herein; and nothing herein prohibits the city from filing an application.

A land use application need not be filed for annexations, and, except as provided in Sections 20.02.080 and 20.14.090 and Chapter 20.30, annexations shall be processed in accordance with the provisions of Chapter 35A.14RCW instead of this title.

A land use application need not be filed for street vacations, and, except as provided in Sections 20.14.085 and 20.14.090 and Chapter 20.30, street vacations shall be processed in accordance with the provisions of Chapter 35.79 RCW instead of this title; provided, however, that petitions for street vacations shall be filed with the department rather than the city or town clerk, and the department may require the petitioner(s) to provide information at the expense of petitioner(s) needed to consider the petition, including without limitation legal descriptions, title information and certificates, site maps, and appraisals.

Applications for plumbing and mechanical permits and other applications for modifications to existing residential structures which do not result in a change of use or size of a structure will serve as the application for that purpose and are required only to obtain the necessary building permits from the department. The resulting building permit will serve as the city's approval.

Applications for plumbing and mechanical permits or other applications for modifications to existing commercial structures and which do not alter any aspect of the use of the structure or the size of the structure will serve as the application for that purpose and are required only to obtain the necessary building permits from the department. The resulting building permit will serve as the city's approval.

(Ord. 2008-06 § 28, 2008; Ord. 2018-53 § 7 (part), 2018)

§ 20.14.050 Filing and service.

All applications and any notices or other materials required by this code shall be filed with the department during office hours at the department's office.

Applications, notices, and other materials which require payment of a fee or charge to the city shall not be deemed filed until the fee or charge is actually paid.

Subject to subsection B of this section, the date of filing of applications, notices and other materials shall be the date of actual receipt by the department at its office. The date on the email received by the department shall be presumptive evidence of the date of receipt based on the following:

Filing of any documents with the department by electronic mail transmission is at the risk of the sender and shall not be deemed complete unless the following procedures are strictly observed:

An electronic mail document will only be stamped "received" by the department between the hours of eight a.m. and five p.m. excluding Saturdays, Sundays, and legal holidays. Any transmission not completed before five p.m. will be considered received on the following business day.

Proof of personal service in the following form executed by department personnel shall be presumptive evidence of the date of service:

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that I personally served a copy of the attached document upon the following named person(s) on the stated date(s): _______________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

Service of any notice by the department shall be deemed timely if the notice is placed in the mail within the time permitted. Service of any notice by the department by mail shall be deemed complete for purposes of computation of subsequent time periods upon the third day following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which case service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday following the third day.

Proof of service by mail in the following form executed by department personnel shall be presumptive evidence of the date of service:

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that I mailed a copy of the attached document, postage prepaid, to the following named person(s) at the stated address(es) on the stated date(s): _____________________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

(Ord. 2008-06 § 29, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.055 Publication and posting.

The department shall publish notices for which publication is required in the Walla Walla Union-Bulletin. Publication is deemed complete on the date of publication. Proof of publication in the following form executed by department personnel shall be presumptive evidence of the date of publication:

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that the content of the attached form of notice was published in the Walla Walla Union Bulletin on the following stated date(s): ________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

The department shall post notices in the manner required by this code. Proof of posting in the following form executed by department personnel shall be presumptive evidence of the date of posting:

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that the content of the attached form of notice was posted in the following described manner on the following stated date(s): ________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

(Ord. 2008-06 § 30, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.060 Initial application processing.

Upon receipt of an application for a Level 1 – Level IV review, the development services department shall proceed as follows:

Determination of Completeness. A determination of completeness shall be made within twenty-eight days of receipt of the application. During the completeness review, the department shall attempt to identify other local, state, or federal departments and agencies which may have jurisdiction over some aspect of the application, and the department shall determine the lead agency for the proposal in accordance with Title 21. The department shall provide a written determination which states either: (1) that the application is complete; or (2) that the application is incomplete and what is necessary to make the application complete. The determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. An application is complete when it meets the submission requirements of Section 20.14.040 and other applicable code sections.

An application shall be deemed complete upon the expiration of the review period if the department does not provide the written determination that the application is incomplete within the time allowed. An application that has been deemed complete shall still be subject to all other applicable requirements and procedures.

The department's determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action.

Incomplete Application Procedure.

If the applicant receives a determination that an application is not complete, the applicant shall have ninety days to submit the necessary information. Within fourteen days after the applicant has submitted the requested information, the department shall make the determination as described in subsection A of this section, and notify the applicant in the same manner. An application shall be deemed complete upon the expiration of the extended review period if the department does not provide the written determination that the application remains incomplete within the time allowed. An application that has been deemed complete shall still be subject to all other applicable requirements and procedures.

If the applicant either refuses in writing to submit the additional information or does not submit the required information within the ninety-day period, the application shall lapse and be considered void ab initio; provided, however, the applicant shall not be entitled in such event to a refund for any fees or charges paid to the city.

Determination of Completeness – Contents. The determination shall be prepared in a manner to provide notice to the applicant and to integrate its use, when required, with the notice of application/proposal to the public and agencies with jurisdiction. Preliminary determinations and information contained in a determination of completeness shall not bind the city and are subject to continuing review and modification. The determination of completeness may incorporate by reference the application to the extent that it substantially provides the information required herein. In such case, the determination of completeness and copies thereof shall attach a copy of the application and additionally provide the information required herein that is not provided by the application. Each determination of completeness shall include:

The date of the application and the date of the notice of completion;

A description of the proposed action;

The determination of the lead agency for the proposal under SEPA;

A preliminary determination whether the proposal is categorically exempt under SEPA or subject to threshold determination requirements; if subject to threshold determination requirements, the preliminary threshold determination that it expects will issue;

Preliminary identification of existing environmental documents that evaluate the proposal and the location where the application and studies can be reviewed;

A preliminary determination and reference to the relevant code provisions, development standards, and regulations which may apply to the approval of the application; a preliminary list of those regulations that will be used for project mitigation; and, if a mitigated DNS is expected to issue, a preliminary list of conditions being considered to mitigate environmental impacts;

A preliminary determination of consistency for project permit proposals;

A list of the project permits included in the application and, to the extent known to the department, a list of other permits not included in the application which are required for the proposal;

A preliminary determination indicating which municipal code review level(s) will be used to process the application;

A preliminary determination identifying additional information or studies requested from the applicant;

To the extent known by the department, a preliminary determination and identification of other departments and agencies with jurisdiction over the project permit application;

A preliminary determination and identification of parties entitled to notice of application; and

13.

Other information that the department determines to be appropriate to include.

The department shall electronically deliver or mail notice of any determination made under this section to the applicant, or the person or entity designated by the applicant to receive determinations and notices. The department should document the date and manner by which notice is given.

(Ord. 97-14 § 17, 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 31, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.065 Notice of application/proposal.

Notice of Application/Proposal – Contents. Notice of application/proposal shall be given no later than fourteen days after the application has been determined to be complete. Notice of application/proposal is not required for interpretation requests or Level I proposals that are categorically exempt under SEPA, unless a special notification request has previously been made in accordance with Section 20.14.015. If the proposal requires an open record hearing, notice of application shall be given at least fifteen days prior to the hearing.

Notice of application/proposal shall include:

The identity of the applicant;

The date of the notice of application/proposal;

Project description;

Preliminary identification of existing environmental documents that evaluate the proposal and the location where the application and studies can be reviewed;

On the first page, notice that:

The city uses the optional threshold determination process authorized by WAC 197-11-355;

The application comment period for nonexempt proposals may be the only opportunity to comment on the environmental impacts of the proposal;

The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an environmental impact statement is prepared; and

A copy of the subsequent threshold determination on the proposal may be obtained upon request;

The information required by Section 20.14.060(C);

A statement identifying the public comment period, including:

The right to comment on the application,

The opening and closing date of the public comment period,

The last date and time that written comments may be submitted,

The right to receive notice of and participate in hearings,

The right to request a copy of decision on the proposal once made, and any appeal rights;

To the extent applicable, the date, time, place, and type of hearing upon the application if such hearing has been scheduled at the time the notice of application/proposal is given; and

Other information that the department determines to be appropriate to include.

The notice of application/proposal may incorporate by reference the determination of completeness to the extent that it substantially provides the information required herein. In such case, the notice of application/proposal and copies thereof shall attach a copy of the determination of completeness and additionally provide the information required herein that is not provided by the determination of completeness. A notice of application/proposal and copies thereof which by reference incorporates a determination of completeness shall also attach any copies of documents incorporated through reference by the determination of completeness. The department shall prepare and provide a separate notice of application/proposal containing the information required by this section if either:

A determination of completeness was not required for the proposal;

A determination of completeness was not timely prepared for the proposal; or

The determination of completeness substantially omits the information required by Section 20.14.060(C).

Notice of Application – How Given.

Applicant Notice. The department shall electronically deliver or mail notice of application/proposal to the applicant, or the person or entity designated by the applicant to receive notice. The notice of application/proposal may be provided to the applicant or applicant's designee contemporaneously with the determination of completeness.

Agency Notice. The department shall electronically mail notice of all applications/proposals that are not categorically exempt under SEPA in accordance with Chapter 21.08 to departments and agencies with potential jurisdiction over the project permit application. The list of departments and agencies receiving notice shall be maintained by the development services department.

Site Plan Review Committee Notice. The department shall electronically deliver notice of application/proposal to members of the site plan review committee if the proposal requires site plan review.

Sustainability Committee. The department shall electronically mail notice of applications/proposals that are not categorically exempt under SEPA to the city's sustainability committee.

Public Notice.

The department shall electronically deliver or mail notice of application/proposal of interpretation requests and Level I proposals that are categorically exempt under SEPA to parties that have filed a special notification request in accordance with Section 20.14.015. Such notice shall explain that there is no comment period, and that the proposal is categorically exempt under SEPA.

Anyone who has filed a special notification request in accordance with Section 20.14.015 shall receive the notice of application.

The notice of application shall be provided as follows:

Review Level	Notice Provided (1)
Non-SEPA exempt Level I	•	Mailed to adjacent property owners (2)
Non-SEPA exempt Level I	•	City's website
Level II	•	Mailed to adjacent property owners (2), except for unit lot subdivisions. For unit lot subdivisions, the community and property owners within 250 feet shall be notified, consistent with RCW 36.70B.110 and notice posted on the closest public sidewalk or roadway.
Level II	•	City's website
Level III	•	Property owners within 300 feet of project site boundaries
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin
Level IV (3)	•	Property owners within 400 feet of project site boundaries
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin
Level IV – Shoreline Substantial Development Permits, Shoreline Conditional Use Permit, or Shoreline Variance (4)	•	Property owners within 400 feet of project site boundaries
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin two consecutive weeks on the same day of the week
Level V	•	City's website
Level V	•	Publish in the Union-Bulletin
Level VI	•	City's website
Level VI	•	Publish in the Union-Bulletin
Annexation Proposals	•	In accordance with Section 20.02.080 instead of this section
Prezone Proposals	•	In accordance with the provisions of Chapter 35A.14 RCW instead of this section
Street Vacations	•	In accordance with the provisions of Chapter 35.79 RCW instead of this section

Notes:
(1) Notice is provided to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office.
(2) If the owner of the proposal site owns another parcel or parcels of real property which lie adjacent to the proposal site, the notice of application/proposal shall be given to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office, which is adjacent to any portion of the boundaries of the proposal site or such other adjacently located parcels owned by the same owner as the proposal site.
(3) Notice of subdivision preliminary plat proposals shall be given to the Washington State Secretary of Transportation if a proposed subdivision preliminary plat is located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport.
(4) Notices regarding shoreline substantial development proposals shall additionally include a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning the proposal as expeditiously as possible after the issuance of decision, may submit the comments or requests for decisions to the department within thirty days following the date of final publication of the notice of application; unless the proposal is for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion, in which case comments must be submitted within twenty days following the date of final publication of the notice of application.

Combined Notice. Notice of application/proposal may be combined with notice of hearing if the hearing date has been set at the time notice of application/proposal is given. Each combined notice shall contain the notice of application/proposal information required herein and the notice of hearing information required by Section 20.14.085.

The department should document the date and manner by which any notice is given.

The department may remove posted notice upon expiration of the comment period.

Publication costs and costs incurred to post and remove notice at the proposal site shall be borne by the applicant in addition to other costs and fees which apply.

(Ord. 2008-06 § 32, 2008; Ord. 2012-09 § 16, 2012; Ord. 2018-53 § 7(part), 2018; Ord. 2023-08 § 2, 2023; Ord. 2025-21, 10/22/2025)

§ 20.14.070 Comment period.

There is no public comment period on Level I proposals that are categorically exempt under SEPA.

There shall be a public comment period on proposals that are not categorically exempt under SEPA.

There shall be a public comment period on all Level II, III, IV, and V proposals even if they are categorically exempt under SEPA.

There shall be a public comment period on all Comprehensive Plan or Subarea Plan adoption or amendment proposals.

The length of the comment period shall be determined by the department and identified in the notice of application; provided, however, the comment period for a proposal shall be not less than fifteen nor more than thirty days following the date of completion of service of notice of application, or, when applicable, following the date of final publication of notice of application.

The comment period upon shoreline substantial development proposals shall be thirty days following the date of final publication of the notice of application; unless the proposal is for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion, in which case the comment period shall be twenty days following the date of final publication of the notice of application.

The applicant is deemed to be a participant in the comment period, and may submit comments during the comment period in addition to those submitted by agencies and the public.

Comments must be submitted in writing to the department prior to expiration of the comment period.

The city may assume that parties which do not respond with written comments within the time period for commenting have no information relating to the proposal or its potential impact(s). Lack of comment shall be construed as lack of objection.

(Ord. 2008-06 § 33, 2008)

§ 20.14.080 Determination of consistency/SEPA determination.

A determination of consistency and SEPA determination shall be made within ninety days after an application is determined to be complete; unless the applicant requests an additional thirty days for such determinations, in which case the determinations shall be made within one hundred twenty days after an application is determined to be complete.

The department shall make a determination of consistency upon project permit applications as provided herein:

Level I proposals that are categorically exempt under SEPA are deemed consistent with the city's development regulations, and a determination of consistency is not required to be made upon individual proposals.

A determination of consistency is not required for non-project actions.

The determination of consistency shall be made after the comment period for a project permit proposal expires; or, with respect to proposals for which there is no comment period, after the application is determined to be complete. The determination of consistency shall not be made until such time that the department has sufficient information to make a determination whether the proposal is categorically exempt under SEPA or subject to threshold determination requirements; and, if subject to threshold determination requirements, the threshold SEPA determination.

The determination of consistency may be different than the preliminary determination of consistency made in a determination of completeness.

The department shall determine whether the proposed project is consistent with city development regulations, or, in the absence of applicable development regulations, the appropriate elements of the Comprehensive Plan.

The department shall review development regulations and Comprehensive Plan elements which apply to the proposal. The development regulations reviewed shall, without limitation, include the codes, ordinances, resolutions and plans designated in Section 21.08.160. Such development regulations and Comprehensive Plan elements shall be determinative of the:

Type of land use permitted at the proposal site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;

Density of residential development; and

Availability and adequacy of public facilities identified in the Comprehensive Plan, if the plan or development regulations provide for funding of these facilities.

During project review, the reviewing body shall not reexamine alternatives or hear appeals on the items identified in subsection (B)(5)(a) of this section, except issues of code interpretation.

Determination of items identified in subsection (B)(5)(a) of this section shall not preclude future amendment proposals for docketed deficiencies; provided, however, that amendment proposals shall be considered through the normal amendment process.

When making a determination of consistency, the department shall consider:

The type of land use proposed;

The level of development proposed, such as units per acre or other measures of density;

Infrastructure, including public facilities and services needed to serve the proposed development; and

The characteristics of the development, such as development standards.

When making a consistency determination, the department should use the advisory criteria established by Chapter 365-197 WAC, as amended.

The determination of consistency may be contained within the staff report for the land use decision.

The department shall deliver, or mail, notice of any determination made under this section to anyone who has filed a request for special notice in accordance with Section 20.14.015, parties entitled to notice of the SEPA threshold determination for the proposal, and the applicant, or the person or entity designated by the applicant to receive determinations and notices.

The department shall make a SEPA determination as provided herein:

The department shall issue its decision whether a Level I proposal is categorically exempt under SEPA at the time the determination of completeness is made or as soon as practicable thereafter. The department may note on the application or place a determination that a proposal is categorically exempt in the department file for the proposal, and the department is not required to separately document that a proposal is categorically exempt.

When a comment period is required for a proposal by Section 20.14.070, the department shall consider timely comments and other materials on the proposal and decide after the comment period expires whether the proposal is categorically exempt under SEPA or subject to threshold determination requirements.

If a proposal is categorically exempt, the department may note on the application or place a determination that a proposal is categorically exempt in the department file for the proposal, and the department shall deliver or mail notice to anyone who has filed a request for special notice in accordance with Section 20.14.015 and the applicant, or the person or entity designated by the applicant to receive notice.

If the proposal is subject to threshold determination requirements, the responsible official shall follow the procedures outlined in Chapter 21.08, Chapter 197-11 WAC, and Chapter 43.21C RCW.

Nothing herein shall limit the authority of the city to approve, condition, or deny a proposal as provided in its development regulations or its policies designated in Section 21.08.160.

The department should document the date and manner by which any notice is given.

(Ord. 2008-06 § 34, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.085 Notice of hearing.

Notice of Hearing – Contents and Timing. Notice of hearing shall include (1) the identity of the applicant, (2) the purpose of the hearing, including, when applicable, the location of the proposal site, (3) the date, time, and place of the hearing, and (4) the identity of the hearing body. Notice of hearing shall be given not less than fifteen days and not more than thirty days prior to the date set for public hearing.

Notice of Hearing – How Given.

Applicant/Appellant Notice. The department shall electronically deliver or mail notice of hearing on all matters to the applicant, or the person or entity designated by the applicant to receive notice. The department shall electronically deliver or mail notice of hearing on administrative appeals to the appellant(s), or the person or entity designated by the appellant(s) to receive notice.

The notice of hearing shall be provided as follows:

Review Level	Notice Provided (1)
Level III	•	Property owners within 300 feet of project site boundaries (2)
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin
Level IV	•	Property owners within 400 feet of project site boundaries (2)
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin
Level V	•	City's website
Level V	•	Publish in the Union-Bulletin
Level VI	•	City's website
Level VI	•	Publish in the Union-Bulletin
Annexation proposals	•	Follow Section 20.02.080
Street vacation proposals	•	Follow Chapter 35.79 RCW
Street vacation proposals	•	Record owner of property, as shown in the Walla Walla County assessor's records, which is adjacent to the area of the street to be vacated
Prezone proposals	•	Follow Chapter 35A.14 RCW

Notes:

(1) Notice is provided to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office.

(2) If the owner of the proposal site owns another parcel or parcels of real property which lie adjacent to the proposal site, the notice of application/proposal shall be given to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office, which is adjacent to any portion of the boundaries of the proposal site or such other adjacently located parcels owned by the same owner as the proposal site.

Combined Notice. Notice of hearing may be combined with notice of application/proposal if the hearing date has been set at the time notice of application/proposal is given. Each combined notice shall contain the notice of hearing information required herein and the notice of application/proposal information required by Section 20.14.065.

The department should document the date and manner by which any notice is given.

Continued hearings may be held at the discretion of the hearing body, but no additional notice need be given if the date, time, and place of the hearing is publicly announced at the time the hearing is continued.

The department may remove posted notice after the date of the public hearing even if it is continued as provided herein.

Publication costs and costs incurred to post and remove notice at the proposal site shall be borne by the applicant in addition to other costs and fees which apply.

(Ord. 2008-06 § 35, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.090 Decision/action – Notice.

Project Permit Proposals.

A decision on a project permit proposal should be made:

Level I project permits, which do not require public notice under RCW 36.70B.110, the city must issue a final decision within sixty-five days of the determination of completeness under RCW 36.70B.070;

Level II project permits, which require public notice under RCW 36.70B.110, the city must issue a final decision within one hundred days of the determination of completeness under RCW 36.70B.070; or for a unit lot subdivision establish a mutual agreement as permitted by RCW 36.70B.080 to extend the maximum permitting time period;

Level III and Level IV project permits which require public notice under RCW 36.70B.110 and a public hearing, the city must issue a final decision within one hundred seventy days of the determination of completeness under RCW 36.70B.070.

Preliminary plats, final plats, and short plats shall be approved, disapproved, or returned to the applicant for modification or correction within the time limits specified in RCW 58.17.140. The director may extend the time period for decision and the time limits specified in RCW 58.17.140 by making written findings that a specified amount of additional time is needed to process an application.

Consistent with Chapter 36.70B RCW, the following time periods are excluded from permit processing days:

Any period between the day that the applicant is notified, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant;

Any period after an applicant informs the city, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the city, in writing, that they would like to resume the application; and

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.

Final decisions by the hearing examiner shall be made within the time limits established pursuant to subsection (A)(1) of this section. Subject to those time limits, final decisions by the hearing examiner shall additionally be rendered within ten working days following the conclusion of all testimony and hearings unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner; provided, that the hearing examiner may determine the time and manner by which testimony and hearings shall be deemed to be concluded.

The department shall electronically deliver or mail notice of decision to:

The applicant, or the person or entity designated by the applicant to receive notice;

The appellant, if any;

Parties that have filed a special notification request in accordance with Section 20.14.015 prior to rendering of the decision;

Identifiable parties who have provided addresses and have submitted substantive written comments on the proposal prior to rendering of the decision;

The office of the county assessor; and

Certain other parties identified herein:

The department shall additionally deliver or mail notice on Level III proposals, Level II proposals, and Level I proposals that are not categorically exempt under SEPA to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office, which is adjacent to the proposal site. If the owner of the proposal site owns another parcel or parcels of real property which lie adjacent to the proposal site, the notice shall be given to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office, which is adjacent to any portion of the boundaries of the proposal site or such other adjacently located parcels owned by the same owner as the proposal site.

The department shall additionally deliver or mail notice on Level IV proposals to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office, which is within four hundred feet of the proposal site, as measured from each property line of the proposal site. If the owner of the proposal site owns another parcel or parcels of real property which lie adjacent to the proposal site, the notice shall be given to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office, which is within four hundred feet of any portion of the boundaries of the proposal site or such adjacently located commonly owned parcels, as measured from each property line.

The notice given to affected property owners described by this subsection shall additionally state that the affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

Notice to the county assessor required herein may be given by periodic summaries which consolidate notice of decision on proposals made within a time period specified in the notice.

Notice of decision on project permit proposals shall include a statement of any threshold SEPA determination that has been made.

Notice of decision on Level I and Level II decisions shall include a statement that gives notice regarding the procedure for administrative appeal.

Notice of decision on Level I and Level II administrative appeals, Level III decisions, and Level IV decisions shall include the time limit for commencing an appeal of the underlying governmental action and SEPA issues if the decision is appealable, citation to the statute or ordinance establishing the time limit, and where an appeal may be filed.

The city shall additionally publish a summary and notice of adoption in the Walla Walla Union-Bulletin for site specific amendments to the zoning map.

Nonproject Proposals.

The department shall deliver or mail notice of decision to:

The applicant, or the person or entity designated by the applicant to receive notice;

Parties that have filed a special notification request in accordance with Section 20.14.015 prior to rendering of the decision;

The city shall additionally give public notice as follows:

The city shall publish a summary and notice of adoption in the Walla Walla Union-Bulletin for:

Zoning Code text amendments;

Zoning map amendments of general applicability;

Subdivision Code amendments;

Planning-related regulations determined by the director to implement the Comprehensive Plan or a Subarea Plan; and

Adoption of a Comprehensive Plan or Subarea Plan, or amendments thereto;

The summary and notice of adoption shall include the time limit for commencing an appeal of the underlying governmental action and SEPA issues if the final action is appealable, citation to the statute or ordinance establishing the time limit, and where an appeal may be filed.

Exceptions.

Notice of annexations, prezones, and street vacations shall be given by publication of an ordinance summary in the Walla Walla Union-Bulletin in accordance with RCW 35A.12.160 and 35A.13.200, as amended.

Amendments to the local Shoreline Master Program require Department of Ecology approval and are processed pursuant to RCW 90.58.090, as amended, following local legislative action. The department shall submit any amendments to the Department of Ecology for approval, and the Department of Ecology will give public notice in accordance with its procedure and rules.

Notice of decision on Level I and Level III administrative appeals, Level III decisions, Level IV decisions, Level V decisions, and Level VI decisions shall include the time limit for commencing an appeal of the underlying governmental action and SEPA issues if the decision is appealable, citation to the statute or ordinance establishing the time limit, and where an appeal may be filed.

The city may include notice of SEPA action with any notice given under this section. If a notice of decision is combined with a notice of action, the notice shall be given both as provided in this section and as required by RCW 43.21C.080, as amended.

The department should document the date and manner by which any notice is given.

(Ord. 2008-06 § 36, 2008; Ord. 2018-53 § 7(part), 2018; Ord. 2025-21, 10/22/2025)

§ 20.14.095 Compliance with notice of decision.

Notice of Decision Compliance Required. Decisions issued on the basis of approved plans and applications and conditions of approval imposed by the approving authority authorize only the use, arrangement and construction set forth in the approved plans and application together with any associated conditions of approval and the final site plan. Any use, arrangement, or construction at variance with that authorized is a violation of this code and is punishable as provided in Chapter 20.42, Violations and Enforcement.

Site Inspection Authorized. The director, the building official, and other city officials having responsibilities under this code, or their designees, are authorized to perform interim and final inspections of all development and modifications to development to assure that it has been established and/or constructed in conformance with the final site plan and associated terms and conditions of approval. Such inspections may be coordinated with the inspections required by other applicable codes or ordinances.

Approval Extension. A valid decision for project permit action may be extended one time only for up to one additional year by action of the director. Requests for extensions shall be in writing to the department and shall be accompanied by the previously approved final site plan showing the location and size of any development or work already completed on the project. The director shall review the request without public notice or hearing and issue his or her decision within ten days from the receipt of the extension request. The director may (1) approve the extension, (2) approve the extension with conditions to assure the work will be timely completed, or (3) disapprove the extension. An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The director shall mail his or her decision to the applicant and shall specify his or her decision as final unless appealed under the provisions of Chapter 20.38, Closed Record Decisions and Appeals.

Decision Expiration. An approval for project permit action shall automatically expire and be terminated when:

A new or modified decision is issued for the parcel or parcels affected;

The work or action authorized in the decision has not begun within one hundred eighty days from the date of issuance thereof, unless a longer or shorter time is specified in the approval itself; or

The work or action authorized in the decision has not been completed within two years from the date of issuance, unless a longer or shorter time is specified in the approval itself.

Knowledge of expiration date and initiation of a request for extension of approval time are the responsibility of the applicant. The city shall not be held responsible for the notification of expiration, although it may notify the applicant of date of expiration. All requests for additional time must be submitted to the development services office prior to expiration of the decision.

(Ord. 2008-06 § 37, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.100 Official index for approvals to be maintained as public record.

The department shall maintain an official index of all applications requiring review and approval by the reviewing body and/or approving authority. The official index shall include the application number, the applicant's name, address and type of request and will reference the application, permits and site plan which will be kept in the appropriate file. The department shall immediately, upon issuance of a decision, place the decision with the electronic permit file. The official index required by this section shall constitute authority as to the current applicable limitations and requirements pertaining to specific approvals issued under this code and shall constitute constructive notice to third parties of the existence and terms of said approval. The director, or designee, shall be the official custodian of said index and is authorized to issue certified copies. Any unauthorized change of any kind by any person to the documents or records in the official index required by this section shall constitute a violation of this code and be punishable as provided under Chapter 20.42.

(Ord. 95-5 § 1(part), 1995; Ord. 2000-6 § 2(part), 2000; Ord. 2018-53 § 7(part), 2018)

§ 20.18.010 Purpose.

The purpose of Level I procedure is to handle applications which are listed as outright permitted uses which involve no deviation from ordinance development standards. Level I applications receive administrative staff review only, with a decision issued by the director or designee.

(Ord. 2008-06 § 38, 2008; Ord. 2018-53 § 8(part), 2018)

§ 20.18.020 When required.

Level I land use applications are required for:

Utility extension agreements;

Boundary adjustments (see Title 19, Subdivisions);

Uses listed as Level I in Chapter 20.100, Table of Permitted Land Uses;

Home occupations listed as Level I in Chapter 20.123, Table of Permitted Home Occupations;

Certain building, mechanical and plumbing permits;

Right-of-way permits; and

All other proposals determined by the director to be Level I uses.

(Ord. 95-5 § 1(part), 1995; Ord. 00-06 § 2(part), 2000; Ord. 2008-06 § 39, 2008; Ord. 2018-53 § 8 (part), 2018)

§ 20.18.030 Land use application – Level I.

Level I applications shall be made in writing to the department on forms supplied by the department. The application shall contain the information required in Section 20.14.040. A general or detailed site plan as may be required shall accompany the application. The director or their designee may request any other information necessary to clarify the application or determine compliance with and provide for the enforcement of this code.

(Ord. 2018-53 § 8(part), 2018)

§ 20.18.040 Review procedures, decision – Level I.

Upon acceptance of a completed application for a Level I review, the department shall determine whether the proposal is categorically exempt under SEPA or subject to threshold determination requirements.

Site Plan Review Committee. Proposals requiring site plan review will be sent to the site plan review committee by the department no later than fourteen days after the application has been determined to be complete. The site plan review process shall be as set forth in Chapter 20.46, Site Plan Review Committee.

The director or designee may also, but is not required to, solicit comments from other resource persons or public agencies he or she may determine may be affected by a proposal that is categorically exempt under SEPA.

SEPA Review. All land use applications will be reviewed by the department and if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

Director's Decision. After considering the proposal and all relevant materials and timely comments, if any, the director shall take one or more of the following actions:

Approve the proposal and issue a notice of decision;

Establish conditions for approval, or require other changes in the proposed site plan;

Request additional or more detailed information including, but not limited to, a written program for development;

Determine a higher review level is needed and/or refer the proposal to the city council, planning commission or hearing examiner for review and direction; or

Disapprove the proposal.

(Ord. 97-14 § 19, 1997; Ord. 00-06 § 2(part), 2000; Ord. 2008-06 § 40, 2008; Ord. 2018-53 § 8(part), 2018)

§ 20.18.050 Approval.

The director shall issue a decision when determined that the proposal complies with the provisions of this code and the Comprehensive Plan.

(Ord. 2018-53 § 8(part), 2018)

§ 20.18.060 Denial.

When an application is denied, the director shall state the specific reasons and shall cite the specific chapters and sections of this code upon which the denial is based.

§ 20.18.070 Appeal.

Any decision by the director to grant or deny issuance of a Level I decision may be appealed to the hearing examiner under the provisions of Chapter 20.38, Closed Record Decisions and Appeals. Requests for additional or more detailed information and determinations that a higher review level is needed are not appealable.

(Ord. 2008-06 § 41, 2008; Ord. 2018-53 § 8(part), 2018)

§ 20.18.080 SEPA review.

All development applications will be reviewed by the department for SEPA compliance. If SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

§ 20.18.085 Concurrency review.

No approval or permit shall be issued on a proposal until concurrency requirements are satisfied.

(Ord. 2012-09 § 17, 2012)

§ 20.22.010 Purpose.

The purpose of Level II procedures is to handle applications listed as Level II uses in Sections 20.100.040.A through 20.100.040.J, Tables of Permitted Land Uses. These are generally more complex than Level I uses, involving potential impacts on neighboring properties and public service systems. The proposal requires individual notice to adjacent property owners and may require public agency participation to protect the public interest. Decisions are issued by the director or designee.

(Ord. 2018-53 § 9(part), 2018)

§ 20.22.020 When required.

Level II review may be required for proposals which may impact adjacent property owners by one or more of the following reasons:

Demands on transportation facilities which are noticeably greater than most outright uses in the zone;

Structures which are inordinately larger or structurally incongruous with structures that typically house uses permitted outrightly in the zone; and

Uses which typically generate more noise or outdoor activity than most outright uses in the zone.

Level II review is required for:

Uses listed as Level II in Chapter 20.100, Table of Permitted Land Uses;

Home occupations listed as Level II in Chapter 20.123, Table of Permitted Home Occupations;

Binding site plans as provided in Chapter 19.28 of the Walla Walla Municipal Code;

Short plats as provided in Chapters 19.22 and 19.24 of the Walla Walla Municipal Code; and

All other proposals determined by the director to be Level II uses.

(Ord. 95-5 § 2(part), 1995; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 42, 2008)

§ 20.22.030 Land use applications – Level II.

Level II land use applications shall be made in writing to the department on forms supplied by the department. The application shall contain the information required in Section 20.14.040. A general or detailed site plan as may be required shall accompany the application. The director or designee may request any additional information necessary to clarify the application or determine compliance with and provide for the enforcement of this code.

(Ord. 2018-53 § 9(part), 2018)

§ 20.22.040 Review procedures, decision – Level II.

Upon acceptance of a completed application for a Level II review, the department shall determine whether the proposal is categorically exempt under SEPA or subject to threshold determination requirements.

The director may, but is not required to, solicit comments during any comment period from other resource persons or public agencies he or she may determine may be affected by the proposal.

SEPA Review. All applications will be reviewed by the department and if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

Director's Decision. After considering the proposal and all relevant materials and timely comments, if any, the director shall take one or more of the following actions:

Approve the proposal and issue a decision;

Establish conditions for approval, or require other changes in the proposed site plan;

Request additional or more detailed information including but not limited to a written program for development;

Determine a higher review level is needed and/or refer the proposal to the city council, planning commission or hearing examiner for review, public hearing and decision; or

Disapprove the proposal.

Conditional Approval. The director may attach conditions to his or her approval in order to ensure the development is consistent with the applicable development standards of the Walla Walla Municipal Code and the policies of the Comprehensive Plan.

(Ord. 97-14 § 20, 1997; Ord. 00-06 § 2(part), 2000; Ord. 2008-06 § 43, 2008; Ord. 2018-53 § 9(part), 2018)

§ 20.22.050 Issuance of a building permit – Level II.

No use requiring a Level II decision shall be entitled to a building permit until and unless the director issues a notice of decision. The Level II decision is not a building permit and does not by itself authorize the construction or occupancy of any use or structure.

(Ord. 2018-53 § 9(part), 2018)

§ 20.22.060 Appeals.

Decisions by the director to grant or deny issuance of a Level II decision may be appealed to the hearing examiner in accordance with Chapter 20.38, Closed Record Decisions and Appeals. Requests for additional or more detailed information and determinations that a higher review level is needed are not appealable.

(Ord. 2008-06 § 44, 2008; Ord. 2018-53 § 9(part), 2018)

§ 20.22.080 Site plan review.

When Level II proposals are subject to site plan review, such review shall be as set forth in Chapter 20.46, Site Plan Review Committee.

(Ord. 2018-53 § 9(part), 2018)

§ 20.22.090 SEPA review.

All Level II applications will be reviewed by the department and, if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

(Ord. 2018-53 § 9(part), 2018)

§ 20.22.095 Concurrency review.

No approval or permit shall be issued on a proposal until concurrency requirements are satisfied.

(Ord. 2012-09 § 18, 2012)

§ 20.26.010 Purpose.

The purpose of Level III procedures is to handle applications which require a quasi-judicial public hearing before a final decision by the hearing examiner. The Level III review process provides for public involvement in the hearing process with mailed notice to property owners pursuant to Chapter 20.14. The purpose of the public hearing for Level III applications is to obtain information on the proposal and its relationship to the relevant criteria and standards of this code and the policies of the comprehensive plan.

(Ord. 95-5 § 1(part), 1995; Ord. 97-14 § 21, 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2018-53 § 10(part), 2018; Ord. 2023-33 § 2, 2023)

§ 20.26.020 When required.

Level III land use applications are required for:

Conditional uses (Chapter 20.216);

Variances (Chapter 20.220);

Most enlargements of nonconforming situations (Chapter 20.212);

Special use permits (Chapter 20.224);

Level III home occupations (Chapter 20.123, Table of Permitted Home Occupations); and

All other proposals determined by the director to be Level III proposals.

(Ord. 97-14 § 22, 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2001-17 § 3, 2001; Ord. 2018-53 § 10(part), 2018)

§ 20.26.030 Land use applications – Level III.

Level III applications shall be made in writing to the department on forms supplied by the department. The application shall contain the information required in Section 20.14.040. A general or detailed site plan as required by the director shall accompany the application. The director or designee may request any additional information necessary to clarify the application, or determine compliance with this code.

(Ord. 2018-53 § 10(part), 2018)

§ 20.26.040 Review procedures, decision – Level III.

The following procedures will be followed for the review of Level III applications:

Approving Authority. Level III decisions are processed according to Chapter 20.14 with final decision made by the approving authority (hearing examiner) after public hearing.

Site Plan Review/Staff Report. Proposals requiring site plan review will be sent to the site plan review committee by the department no later than fourteen days after the application has been determined to be complete. The site plan review process shall be as set forth in Chapter 20.46, Site Plan Review Committee. The department shall coordinate and assemble the comments received. These comments shall be included in a staff report prepared by the department. The staff report shall summarize the proposal with the department's proposed findings, conclusions, and recommendations. The staff report is then submitted to the hearing examiner for consideration at a public hearing.

SEPA Review. All Level III applications will be reviewed by the department and if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

The hearing examiner shall approve, deny, or approve the application with such conditions as are necessary to bring the proposal into conformance with the standards of this code and the policies of the Comprehensive Plan. Conditions of approval may include actions necessary to avoid imposition of undue public service obligations on the city, or mitigation of adverse impacts.

Decision. Following the public hearing and upon completion of its action, the hearing examiner shall issue a written decision.

Issuance of Building Permits. No use requiring a Level III decision shall be entitled to a building permit until and unless the hearing examiner approves the application. The Level III decision is not a building permit and does not by itself authorize the construction or occupancy of any use or structure.

(Ord. 97-14 § 23, 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 45, 2008; Ord. 2018-53 § 10(part), 2018)

§ 20.26.045 Concurrency review.

No approval or permit shall be issued on a proposal until concurrency requirements are satisfied.

(Ord. 2012-09 § 19, 2012)

§ 20.26.050 Appeals.

Decisions by the hearing examiner under Level III review may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.

§ 20.27.010 Purpose.

The purpose of Level IV procedures is to handle applications which require a quasi-judicial public hearing before the hearing examiner or planning commission and recommendation to the Walla Walla city council. The Level IV review process provides for public involvement in the hearing process with mailed notice to the surrounding property owners.

The purpose of the public hearing for Level IV applications is to obtain information on the proposal and its relationship to the relevant criteria and standards of this code, the Subdivision Code in Title 19, the Shoreline Master Program, and the policies of the Comprehensive Plan in order to make an informed recommendation to the city council. (See Chapter 20.36, Public Hearings.)

(Ord. 97-14 § 27(part), 1997; Ord. 2000-6 § 2(part), 2000)

§ 20.27.020 When required.

Level IV applications are required for:

Site-specific amendments to the Official Zoning Map;

Subdivision preliminary plats;

Shoreline substantial developments;

All other proposals determined by the director to be Level IV proposals.

(Ord. 97-14 § 27(part), 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2018-53 § 11(part), 2018)

§ 20.27.030 Land use applications – Level IV.

Level IV applications shall be made in writing to the department on forms supplied by the department. The application shall contain the information required in Section 20.14.040. Any required site plan as determined by the applicable regulation shall accompany the application. The department may request any additional information necessary to clarify the application, or determine compliance with this code.

(Ord. 97-14 § 27(part), 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2018-53 § 11(part), 2018)

§ 20.27.040 Review procedures, decision – Level IV.

The following procedures will be followed for the review of Level IV applications:

Approving Authority/Reviewing Body. Final decision on Level IV applications is made by the approval authority (city council) following receipt of recommendation from the reviewing body (hearing examiner or planning commission) after public hearing. The city council does not hold an additional public hearing on Level IV applications. The city council may require or permit corrections of ministerial errors or inadvertent omissions from the record. For site-specific rezones, the reviewing body will follow the procedures and review criteria as provided in Chapter 20.48. The reviewing body responsible for the type of application specified in Section 20.27.020 is as follows:

Hearing Examiner.

Site-specific zoning amendments to the Official Zoning Map.

Subdivision preliminary plats, except planned unit developments.

Other proposals determined by the director to require Level IV review by the hearing examiner.

Planning Commission.

Planned unit development preliminary plats.

Shoreline substantial developments pursuant to the Shoreline Master Program and the applicable provisions of this code.

Other proposals determined by the director to require Level IV review by the planning commission.

Site Plan Review/Staff Report. Applications for site-specific zone changes do not require a site plan. However, for this type of application, the applicant has the option of submitting a site plan as would be required if the change of zone were approved and consistent with the Comprehensive Plan designation. Proposals requiring site plan review will be sent to the site plan review committee by the department no later than fourteen days after the application has been determined to be complete. The site plan review process shall be as set forth in Chapter 20.46, Site Plan Review Committee. The department shall coordinate and assemble the comments received. The comments shall be included in a staff report prepared by the department. The staff report shall summarize the proposal with the department's proposed findings, conclusions, and recommendations. The staff report is then submitted to the reviewing body for consideration at a public hearing and recommendation to the approving authority (city council).

SEPA Review. All Level IV applications will be reviewed by the department and, if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC. No approval or permit shall be issued on the proposal until SEPA review is complete.

Reviewing Body Recommendation. The reviewing body shall, following the public hearing, forward its recommendation to the city council to approve, deny, or approve with such conditions as are necessary to bring the proposal into conformance with the standards of this code and the policies of the Comprehensive Plan. Conditions of approval may include actions necessary to avoid imposition of undue public service obligations on the city, or mitigation of detrimental effects on other property owners. Conditions of approval shall be based on the standard or policy which permits or requires such condition.

City Council Decision. The city council shall at a public meeting review the recommendation of the reviewing body and consider the same. The city council shall vote to approve, disapprove or modify the proposal, or shall vote to refer the matter back to the reviewing body. The city council may uphold, amend, or reverse a finding or recommendation of the reviewing body.

Issuance of Building Permits. No use resulting from or requiring a Level IV decision shall be entitled to a building permit unless and until the approving authority approves the application. The Level IV decision is not a building permit and does not by itself authorize the construction or occupancy of any use or structure.

(Ord. 97-14 § 27(part), 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 46, 2008; Ord. 2018-53 § 11(part), 2018)

§ 20.27.045 Concurrency review.

No approval or permit shall be issued on a proposal until concurrency requirements are satisfied.

(Ord. 2012-09 § 20, 2012)

§ 20.27.050 Appeals.

Decisions by the city council under Level IV review may be appealed in accordance with Chapter 20.38, Closed Record Decisions and Appeals.

§ 20.28.010 Purpose.

The purpose of Level V procedures is to handle legislative actions on proposals which ordinarily require public hearings before the planning commission and recommendation to the Walla Walla city council.

The purpose of the public hearing for Level V legislative proposals is to invite public participation in the hearing process at the planning commission level for an informed recommendation to the city council.

(Ord. 97-14 § 28(part), 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 47, 2008)

§ 20.28.020 When required.

Level V legislative review is required for:

Zoning Code text and Official Zoning Map amendments of general applicability;

Subdivision Code amendments;

Certain amendments to the Shoreline Master Program regulations and any other planning related regulation as determined by the director to implement the Comprehensive Plan or subarea plan.

(Ord. 97-14 § 28(part), 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 48, 2008)

§ 20.28.030 Review procedures, decision – Level V.

The following procedures will be followed for the review of Level V legislative proposals:

Approving Authority/Reviewing Body. Final decision on Level V legislative proposals is made by the city council following receipt of a recommendation from the planning commission (reviewing body) after public hearing. The city council does not hold a public hearing on Level V legislative proposals; provided, however, that such legislative proposals and planning commission recommendations shall be open to public review and submission of written comments to the city clerk on or before 5:00 p.m. of the date upon which the city council is first scheduled to consider a proposal. An additional opportunity for review and comment after that time will be provided only when a change is proposed after the opportunity for review and comment has passed. An additional opportunity for public review and comment is not required if:

An environmental impact statement has been prepared for the proposal and the change is within the range of alternatives considered in the impact statement;

The change is within the scope of alternatives available for public comment;

The change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of the proposal without changing its effect;

The change relates to a capital budget decision; or

The change is to a moratorium or interim control.

SEPA Review. All Level V legislative proposals will be reviewed by the department and if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC prior to final approval by the City Council.

Reviewing Body Recommendation – City Council Decision. The planning commission shall, following public hearing, forward its recommendation to the city council for consideration and decision. The council shall, at a public meeting, consider the planning commission's recommendation on the record. The council shall vote to approve, disapprove, or modify the recommendation or refer the matter back to the planning commission for further review. The council may include legislative findings to support its decision.

(Ord. 2008-06 § 49, 2008)

§ 20.30.010 Purpose.

The purpose of Level VI procedures is to handle legislative action on proposals which are required to have a public hearing before the city council. The purpose of the public hearings is to invite public participation in the hearing process. The city council makes the final decision on Level VI proposals.

(Ord. 97-14 § 30, 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 50, 2008)

§ 20.30.020 When required.

Level VI legislative review is required for:

Annexations (Section 20.02.080 of this code and Chapter 35A.14 RCW);

Prezones (Chapter 20.48 of this code and RCW 35A.14.330);

Street vacations (RCW 35A.47.020 and Chapter 35.79 RCW);

Adoption and amendment(s) of any comprehensive plan(s) or subarea plan(s) (Chapters 35A.63 and 36.70A RCW).

(Ord. 95-5 § 1(part), 1995; Ord. 97-14 § 31, 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 51, 2008)

§ 20.30.030 Review procedures, decision – Level VI.

The review procedures for Level VI proposals are governed by the applicable provisions of the Walla Walla Municipal Code and the Revised Code of Washington.

Annexations. The zoning of property to be annexed will be determined according to Section 20.02.080. Annexations shall be processed as provided in Chapter 35A.14 RCW, as amended, Sections 20.02.080 and 20.14.090, and this chapter.

Prezones. Prezones, also known as proposed zoning regulations, shall be processed as provided in RCW 35A.14.330 and 35A.14.340, as amended.

Street Vacations. Street vacation requests shall be processed according to Chapter 35.79 RCW, Sections 20.14.085 and 20.14.090, and this chapter. Street vacation petitions shall be reviewed by the site plan review committee and the planning commission before they are brought to the city council for consideration. The planning commission is not required to hold a public hearing and may consider the petition at a public meeting. At a public meeting, the planning commission shall consider the recommendation of the site plan review committee and make a recommendation to the city council. The SPRC shall review the proposed street vacation for its impact on the city's current and future traffic circulation and utility facility planning.

SEPA Review. All Level VI legislative proposals will be reviewed by the department and, if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC prior to final approval by the city council.

(Ord. 2008-06 § 52, 2008; Ord. 2008-24 § 10, 2008; Ord. 2021‑46 § 6, 2021)

§ 20.34.010 Authority.

The city may, in accordance with the provisions of RCW 36.70B.170 through 36.70B.210, enter into a development agreement with a person(s) having ownership or control of real property within its jurisdiction, or outside its boundaries as part of a proposed annexation or a utility service agreement. A development agreement is a voluntary contract detailing the obligations of both parties and specifying the standards and conditions that will govern development of real property.

The execution of a development agreement is a proper exercise of the city's police power and contract authority.

A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities.

A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

Development agreements are not "project permit" applications as defined in RCW 36.70B.020. Therefore, there is no deadline for processing a development agreement. If an applicant requests that the city execute a development agreement as part of its approval of a project permit application, the applicant must first sign a written waiver of the deadline for issuance of the final decision of the project permit application.

(Ord. 2021-46 § 7, 2021)

§ 20.34.020 General provisions.

A development agreement must set forth the development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement; provided, that:

The development agreement shall be consistent with all applicable development regulations.

The provisions of this section do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence or adopted under separate authority.

For the purposes of this section, "development standards" includes, but is not limited to:

Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

The amount and payment of impact and mitigation fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions or other financial contributions by the property owner, inspection fees, or dedications;

Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;

Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

Affordable housing, if applicable;

Parks and open space preservation;

Phasing;

Review procedures and standards for implementing decision;

A build-out or vesting period for applicable standards; and

Any other appropriate development requirement or procedure.

(Ord. 2021-46 § 7, 2021)

§ 20.34.030 Term.

In determining the appropriate term for a development agreement, the city council should consider the type, size and location of the proposal and phasing if proposed. If authorized in the development agreement, an extension may be exercised upon mutual approval of both the developer and the city. All extension requests shall be reviewed by the city council after a public hearing on the request unless another process is expressly provided for in the development agreement.

(Ord. 2021-46 § 7, 2021)

§ 20.34.040 Approval procedure, recording.

A development agreement shall only be approved by the city council after a public hearing. The director shall make a recommendation to the city council, who will determine the hearing body based on the nature of the proposed action necessitating a development agreement. A hearing body, if other than the city council, shall conduct a hearing and forward its recommendation to the city council for consideration and decision.

Upon approval, a development agreement shall be recorded with the Walla Walla County Auditor.

During the term of a development agreement, it is binding on the parties and their successors.

Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement.

Any permit or approval issued by the city after the execution of a development agreement must be consistent with the terms of the development agreement.

A development agreement and the development standards incorporated in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement.

(Ord. 2021-46 § 7, 2021)

§ 20.34.050 Judicial appeal.

If a development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement.

(Ord. 2021-46 § 7, 2021)

§ 20.36.010 Purpose.

The purpose of this Chapter is to establish procedural requirements for the conduct of public hearings and to provide the opportunity for interested parties to present and rebut testimony and evidence which relates to published standards and criteria as provided in this code.

§ 20.36.020 Administrative responsibility.

The development services director shall have the following responsibilities:

Schedule the application for review and public hearing.

Give notice as provided in Chapter 20.14 and Title 21.

Prepare the staff report on the application. The report shall be a single report stating all decisions made as of the date of the report, including recommendations on any project permits in the consolidated permit process that do not require an open record pre-decision hearing. The report shall state any mitigation required or proposed under the city's development regulations or 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.

Prepare the Notice of Decision, if required by the hearing body, and/or mail a copy of the notice to those required by this code to receive such decision.

(Ord. 2008-06 § 54, 2008)

§ 20.36.030 General conduct of public hearings – Attendance.

Public hearings shall be conducted in a business-like manner. Disruptive or abusive conduct will be grounds for immediate suspension of the proceedings. The right to present and rebut testimony and evidence is limited to the decision criteria specified in this code and related law. Testimony which is not related to the standards and criteria of this code cannot be considered by the Hearing Body or Approving Authority in the decision.

The applicant or duly authorized representative for Level III and IV applications is required to attend the public hearing in order to answer any questions the Hearing Body or interested parties may have regarding the proposal. Failure to attend or be represented shall be grounds for postponement or discontinuance of the proceedings.

§ 20.36.040 Conflict of interest, ethics, open public meetings, appearance of fairness.

The Hearing Body shall be subject to the Code of Conduct (WWMC Chapter 2.21), Code of Ethics (RCW 35A.42.020), prohibitions on Conflict of Interest (RCW 35A.42.020 and RCW 42.23), Open Public Meetings (RCW 42.30), and Appearance of Fairness (RCW 42.36), all as the same now exist or may hereafter be amended.

§ 20.36.050 Ex parte communications.

Quasi-judicial land use decisions of the Hearing Body shall be subject to RCW 42.36, the Appearance of Fairness doctrine.

During the pendency of any quasi-judicial proceeding, no member of a decision making body may engage in ex parte communications with opponents or proponents with respect to the proposal which is the subject of the proceeding unless that person:

Places on record the substance of any written or oral ex parte communications concerning the decision action;

Provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is considered or taken on the subject to which the communication related.

This prohibition does not preclude a member of a decision making body from seeking in a public hearing specific information or data from such parties relative to the decision if both the request and the results are part of the record. Nor does such prohibition preclude correspondence between a citizen and his or her elected official if any such correspondence is made a part of the record when it pertains to the subject matter of a quasi-judicial proceeding.

§ 20.36.060 Disqualification.

No member of the Hearing Body may be disqualified by the Appearance of Fairness doctrine for conducting the business of his or her office with any constituent on any matter other than a quasi-judicial action then pending before the Hearing Body.

Prior to declaring as a candidate for public office or while campaigning for public office as defined by RCW 42.17.020(5) and (25), no public discussion or expression of an opinion by a person subsequently elected to a public office, on any pending or proposed quasi-judicial actions, shall be a violation of the Appearance of Fairness doctrine.

Anyone seeking to rely upon the Appearance of Fairness doctrine to disqualify a member of a decision making body from participating in a decision must raise the challenge as soon as the basis for disqualification is made known to the individual. Where the basis is known or should reasonably have been known prior to the issuance of a decision and is not raised, it may not be relied on to invalidate the decision.

In the event of a challenge to a member or members of the Hearing Body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member(s) publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall be subject the decision to a challenge by reason of violation of the Appearance of Fairness doctrine.

§ 20.36.065 Consideration of environmental impacts.

The public hearing upon a proposal shall be open to consideration of the environmental impacts of the proposal together with any environmental document that is available. This does not require extension of the comment periods for environmental documents, and this does not extend the time for appeal of SEPA determinations specified in Section 21.08.170.

(Ord. 2008-06 § 55, 2008)

§ 20.36.070 Burden and nature of proof.

Except for Level V and VI legislative actions, the burden of proof for demonstrating by substantial evidence that the application is consistent with the applicable regulations is on the proponent. The application must be supported by proof that it:

Conforms to the applicable standards and criteria of this code;

Conforms to the policies adopted by reference in Section 21.08.160;

Has adequately addressed environmental impacts under SEPA (when required).

The appellant(s) shall have the burden of proof in administrative appeals as provided in Section 20.38.060.

(Ord. 2008-06 § 56, 2008)

§ 20.36.080 Order of proceedings.

The order of proceedings for a public hearing will depend, in part, on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.

Before receiving information on the issue, the following shall be determined:

Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the Hearing Body has the discretion to proceed or terminate.

Any abstentions or disqualifications shall be determined.

The presiding officer may take official notice of known information related to the issue, such as:

A provision of any ordinance, resolution, rule, officially adopted development standard or state law;

Other public records and facts judicially noticeable by law.

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 subsection (B) of this Section if stated for the record. Any matter given official notice may be rebutted.

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.

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.

The Hearing Body may continue a hearing to a date and time specified if it determines that additional factual information is necessary to make a decision.

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.

§ 20.36.090 Findings and notice of decision/action.

Following the public hearing procedure described in Section 20.36.080, the approving authority shall approve, conditionally approve, or deny the application based on findings that address or relate to the applicable standards and criteria of this code and other referenced chapters of the Walla Walla Municipal Code and the Comprehensive Plan.

The approving authority's written decision or action shall be issued as soon as practicable following the hearing and within the time required by Section 20.14.090.

Notice of decision shall be given as provided in Section 20.14.090.

(Ord. 2008-06 § 57, 2008)

§ 20.38.020 Appellate body for appeals.

Appeal of final Level I and II decisions, final director decisions made under the Subdivision Code, interpretations made pursuant to Section 19.02.060 of the Subdivision Code or Section 20.02.090 of this code, final home occupation decisions made pursuant to Section 20.122.090 of this code, appeals permitted by Section 21.08.170 of this code, and appeals permitted in codes adopted by Section 15.04.010 of the Walla Walla Municipal Code, shall be made to the hearing examiner.

Appeal of final Level III decisions of the hearing examiner and final Level IV decisions of the city council, other than decisions on shoreline permits, must be made in the manner provided by Chapter 36.70C RCW. Shoreline permit decisions must be appealed in the manner provided by Chapter 90.58 RCW. No administrative appeal is provided under this chapter for Level III or Level IV decisions except for certain SEPA determinations.

Level V and Level VI council action may be reviewed solely to the extent and only in the manner provided by law. No administrative appeal is provided under this chapter for Level V or Level VI actions except for certain SEPA determinations.

Shoreline permit decisions must be appealed in the manner provided by Chapter 90.58 RCW.

(Ord. 2004-08 § 5, 2004; Ord. 2008-06 § 58, 2008; Ord. 2024-24 § 4, 2024)

§ 20.38.030 Consolidated appeals.

All appeals shall be considered together in a consolidated appeal; except, that the following appeals of SEPA procedural and substantive determinations need not be consolidated with a hearing or appeal on the underlying action on a proposal:

An appeal of a determination of significance;

An appeal of a procedural determination made by the responsible official on a non-project action.

Appeals of environmental determinations under SEPA shall proceed as provided in Section 21.08.170 of this code.

(Ord. 2008-06 § 59, 2008)

§ 20.38.050 Appeals – Filing.

Administrative appeal of the approving authority's decision on a project permit application shall be governed by the following:

Standing. Only parties with standing may appeal a decision. Standing is limited to the following persons:

The applicant and the owner of property to which the decision is directed;

Another person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:

The decision has prejudiced or is likely to prejudice that person;

That person's asserted interests are among those that the approving authority was required to consider when it made the decision;

An administrative appeal decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision of the approving authority; and

The person has participated orally or in writing before the approving authority regarding the matter upon which review is requested.

Time to File. An appeal of a decision must be filed within fourteen calendar days after service or publication of the notice of decision/action under Section 20.14.090 is deemed complete under Section 20.14.050 or 20.14.055. If Section 20.14.090 requires notice to be given by more than one method, the appeal period shall commence on the earliest date that the appellant is deemed to have been given any of the methods of notice. Appeals must be filed with the development services department before 5:00 p.m. on the last business day of the appeal period.

Computation of Time. For the purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city's ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day.

Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as required in Chapter 2.94, and shall contain the following information:

Appellant's name, address, and phone number;

Appellant's statement describing his or her standing to appeal;

Identification of the application which is the subject of the appeal;

Appellant's statement of grounds for appeal and the facts upon which the appeal is based;

Appellant's statement that explains why the action is not consistent with the Walla Walla Comprehensive Plan, this code, or other provisions of law;

The relief sought, including the specific nature and extent, including an explanation of its consistency with the Comprehensive Plan and this code; and

A sworn statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature.

An answer need not be filed to an appeal. An appellant shall be confined to matters raised in the written appeal filed in accordance with subsection D of this section. A written appeal may be amended only upon the approval of the appellate body. Requests to amend an appeal must be filed with the development services department and served by the appellant upon all parties entitled to notice of appeal at least seven calendar days prior to the appeal hearing. Requests to amend shall not be freely granted.

Effect of Appeal. The timely filing of an appeal shall stay the processing of a proposal and the effective date of the final decision until such time as the administrative appeal process is complete as provided in this chapter or withdrawn.

Notice of Appeal. The administrator shall provide notice of the appeal to:

The applicant, or the person or entity designated by the applicant to receive notice;

Parties that have filed a special notification request in accordance with Section 20.14.015 prior to rendering of the decision;

Agencies with jurisdiction; and

Identifiable parties who have provided addresses and submitted substantive written comments on the proposal prior to rendering of the decision.

The department should document the date and manner by which any notice is given.

(Ord. 2004-08 § 6, 2004; Ord. 2008-06 § 60, 2008)

§ 20.38.060 Appeals – Procedure.

The appeal hearing shall be based on the record and no new evidence may be presented except as provided herein.

For director interpretations and Level I decisions and SEPA determinations for which there was no comment period, the record for appellate review may be supplemented by evidence of material facts that were not made part of the original record.

For Level II decisions and SEPA determinations for which there was a comment period, the record may be supplemented by additional evidence only if the additional evidence relates to:

Grounds for disqualification of the approving authority that made the decision, when such grounds were unknown by the petitioner at the time the record was created;

Matters that were improperly excluded from the record after being offered by a party to the approving authority; or

Matters that were outside the jurisdiction of the approving authority that made the decision.

If the appellate body allows the record to be supplemented, it shall require the parties to disclose before the appeal hearing the specific evidence they intend to offer. If any party, or anyone acting on behalf of any party, requests records under Chapter 42.56 RCW relating to the matters at issue, a copy of the request and response thereto shall simultaneously be given to all other parties and the appellate body.

The appellate body may require or permit corrections of ministerial errors or inadvertent omissions from the record of the approving authority.

The scope of an appeal shall be limited to issues timely raised by the appellant before the approving authority. An appellant shall be deemed to have waived any objection that was not raised at a time and in a manner to allow the approving authority to make correction prior to issuance of the decision which is the subject of the appeal.

The appellate body shall review the record and may grant relief only if the appellant has carried the burden of establishing that one of the standards set forth in subsections (C)(1) through (6) of this section applies:

The approving authority engaged in unlawful procedure or failed to follow prescribed process, unless the error was harmless;

The decision of the approving authority is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by the approving authority with expertise;

The decision of the approving authority is not supported by substantial evidence when viewed in light of the whole record before the appellate body;

The decision of the approving authority is a clearly erroneous application of the law to the facts;

The decision of the approving authority is outside the authority or jurisdiction of the body or officer making the decision;

The decision of the approving authority violates the constitutional rights of the party seeking relief.

The appellant, respondent, and city staff shall be permitted to address the appellate body and present argument upon the appeal. Such argument may not be used to introduce new evidence into the record except as provided in subsection A of this section.

Copies of the administrative appeal decision shall be sent to the appellant and to other parties of record as soon as practicable following the hearing at which the appeal is considered, and, if applicable, within the time required by state law.

(Ord. 2004-08 § 7, 2004; Ord. 2008-06 § 61, 2008; Ord. 2008-24 § 11, 2008)

§ 20.38.070 Judicial appeals.

In no event shall judicial review be available until after action by the city has become final and after exhaustion of every other available appeal and remedy.

(Ord. 2008-06 § 62, 2008)

§ 20.38.080 Actions not appealable.

Generally. Only final actions or decisions of an approving authority may be appealed under this chapter except as provided in Section 21.08.170(A)(4). Recommendations are not appealable except as part of the final decision or action being appealed.

Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by a reviewing or other officer under this code, are not appealable except as part of the final decision or action except as provided in Section 21.08.170(A)(4).

Enforcement Actions. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter, nor shall any appeal under this chapter be taken of any enforcement action commenced by any party in a court of law.

(Ord. 2008-06 § 63, 2008)

§ 20.42.010 Purpose.

It is the purpose of this Chapter to identify limited authority Washington peace officers responsible for executing those duties associated with the administration and enforcement of Title 20 and Chapter 8.05 of the Walla Walla Municipal Code and to establish a procedure for taking remedial action on code violations. Nothing contained herein shall be construed to limit the authority of the general authority Washington peace officers to enforce said provisions of the Walla Walla Municipal Code.

(Ord. 98-24 § 5(part), 1998; Ord. 2000-6 § 2(part), 2000)

§ 20.42.020 Enforcement and administration.

The city of Walla Walla development services director and the Walla Walla police chief are authorized to enforce and charged with the primary enforcement of the provisions of Titles 15 and 19, this title and Chapters 8.05 and 8.07. The development services director, and designees of either the development services director or the police chief, are recognized as limited authority Washington peace officers for purposes of enforcement of Titles 15 and 19, this title, and Chapters 8.05 and 8.07. The development services director and police chief, and designees of either the development services director or police chief, shall be authorized to order discontinuance of the unlawful use of buildings or structures, removal of buildings or structures, discontinuance of any illegal work being done, or shall take any other action authorized by Title 15 or 19, this title or Chapter 8.05 or 8.07 to insure compliance with or prevent violations of its provisions.

(Ord. 98-24 § 5(part), 1998; Ord. 2000-6 § 2(part), 2000; Ord. 2016-03 § 9, 2016)

§ 20.42.030 Parties liable.

The owners, lessee, or tenant of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or who maintains after notice, a violation of this code may each be found guilty of a separate offense and suffer the penalties provided in Section 20.42.060 and may be held jointly and severally liable in civil action brought to enforce the provisions of this code.

Persons, firms, and corporations shall be liable for violations of Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code as provided in that Chapter.

(Ord. 98-24 § 5(part), 1998; Ord. 2000-6 § 2(part), 2000)

§ 20.42.040 Notice of violation.

Notice of a violation of a provision of Title 20 or Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code shall be in the form of a letter delivered by U.S. Mail, postage prepaid, or in person to the liable party, at the last known address of said party. Notice of violation to a liable party shall be effective regardless of whether or not other liable parties are given notice. The letter shall identify the property on which the violation is located, cite the applicable Chapter or Section which is being violated, describe the violation, and provide a brief statement on the action necessary to gain compliance.

Notice shall be complete and deemed received upon any of the following:

Actual receipt; or

On the third day following mailing of notice, regardless of whether or not the notice is actually received.

(Ord. 98-24 § 5(part), 1998; Ord. 2000-6 § 2(part), 2000)

§ 20.42.050 Citations.

Each limited authority peace officer has the authority to issue and serve a citation and notice to appear when the violation is committed or exists in the presence of the officer. Such citations shall be on forms prescribed or approved by the administrator for the courts of the State of Washington. The limited authority peace officer is authorized to and shall file such citations with the Walla Walla District Court which filing shall constitute a lawful citation and notice to appear for initiating criminal charge. The court shall issue process for the attendance of the person charged as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the city to prosecute such cases in the name of the city.

(Ord. 98-24 § 5(part), 1998; Ord. 2000-6 § 2(part), 2000)

§ 20.42.060 Penalties.

Violation of the provisions of this code or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this code or fails to comply with any of its requirements shall upon conviction thereof be punishable as set forth in Section 1.24.010 of the Walla Walla Municipal Code, and in addition, shall pay all costs and expenses incurred and involved in the investigation, enforcement and prosecution of the case. Each day the violation continues shall be considered a separate offense.

Penalties for violations of Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code shall be as provided in that Chapter.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation or to bring an action to enjoin any violation.

(Ord. 98-24 § 5(part), 1998; Ord. 2000-6 § 2(part), 2000)

§ 20.42.070 Complaints.

Whenever a violation of this code or Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Development Services Division of the City of Walla Walla, which shall properly record such complaint, conduct a preliminary investigation, and take such other action as deemed necessary by the City of Walla Walla Development Services Manager.

(Ord. 98-24 § 5(part), 1998; Ord. 2000-6 § 2(part), 2000)

§ 20.46.010 Purpose.

It is the purpose of the site plan review committee (SPRC) to examine certain land development proposals through a comprehensive site plan review process which insures compliance with the adopted plans, policies and ordinances of the city. It is a further purpose of the SPRC to establish an efficient and uniform procedure that will coordinate interdepartmental review of land development within the community.

The site plan review committee shall have the responsibility to act as the environmental review body, in an advisory role to the responsible official, for review of environmental checklists, draft and final environmental impact statements and supplemental environmental impact statements. As established in Chapter 21.08 of this code, the city manager or designee as the responsible official shall make the threshold determination and issue a determination of non-significance, or a determination of significance on any project which requires an environmental review under SEPA.

§ 20.46.020 Membership.

The site plan review committee shall consist of the following: the director, who shall serve as chairman; the director of the public works department; the fire chief; the police chief; the director of the parks and recreation department; and the chief building inspector; or their designated representatives. The city manager shall be an ex officio member.

§ 20.46.030 Application.

An application for site plan review shall be made through the development authorization application process generally described in Chapter 20.14. The director will determine the processing level and application contents, including whether the proposal requires a general site plan (Section 20.46.040) or a detailed site plan (Section 20.46.050).

(Ord. 2008-06 § 64, 2008)

§ 20.46.040 General site plan form and contents.

General Site Plan Form. All general site plans shall be legibly drawn to scale and submitted in such number and format as requested by the department, prepared in accordance with Chapter 19.40, Table of Required Information.

General Site Plan Contents. The general site plan shall include:

The legal description of the land (when required by the reviewing official);

North arrow and scale of drawing;

Name of applicant and project name and address;

Actual dimensions and shape of the subject property;

The sizes and location, measured from the property line(s), of existing structures on the lot to the nearest foot;

The location and dimensions of proposed structures and uses;

Parking areas;

Proposed landscaping and site screening;

Locations of ingress and egress;

Any other information required by the reviewing official to clarify the proposal, assess its impacts or determine compliance with this code;

Delivery vehicle routes and turning motions based on vehicle size and type;

The location and, where ascertainable, sizes of all existing buildings, wells, watercourses, bodies of water, one-hundred-year floodplain, floodway, critical areas, overhead and underground utilities, railroad lines, municipal boundaries; section lines, township lines, and other important features existing upon, over or under the land proposed to be subdivided.

(Ord. 95-5 § 1(part), 1995; Ord. 2000-6 § 2(part), 2000; Ord. 2008-24 § 12, 2008; Ord. 2012-09 § 21, 2012)

§ 20.46.050 Detailed site plan form and contents.

Detailed Site Plan – Form. All detailed site plans shall be legibly drawn to scale and submitted in such number and format as requested by the department, prepared in accordance with Chapter 19.40, Table of Required Information. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire site.

Detailed Site Plan – Contents. The detailed site plan shall show the following where applicable:

The title and location of the proposed development, together with the names, addresses and telephone numbers of the record owner or owners of the land and of the applicant, and, if applicable, the names, addresses and telephone numbers of any architects, planners, designers or engineers responsible for the preparation of the plan, and of any authorized representative of the applicant;

The proposed use or uses of the land and buildings;

A site plan drawing or drawings, at a scale of not greater than one inch for each fifty feet, which shall include or show:

The location of all existing and proposed structures including, but not limited to, buildings, fences, culverts, and bridges;

The boundaries of the property proposed to be developed;

All proposed and existing buildings and setback lines;

All areas, if any, to be preserved as buffers or to be dedicated to a public, private or community use or for open space under the provisions of this or any other city code, information regarding percentage of area covered, locations and general types of landscaping;

All existing and proposed easements;

The locations of all existing and proposed utility structures and lines;

Location of all fire hydrants;

Size and location of all existing and proposed rights-of-way and paved surfaces;

All existing and proposed stormwater facilities and stormwater drainage systems as required by Chapter 13.16;

All means of vehicular and pedestrian ingress and egress to and from the site and the size and location of driveways, streets and roads;

The location and design of off-street parking areas showing their size and locations of internal circulation and parking spaces;

The location of all loading spaces including, but not limited to, loading platforms and loading docks where trucks will load or unload; and

Location, type, height and area, in square feet, of all signs;

Topographic map or maps which delineate contours, both existing and proposed, at intervals of two feet, and which locate existing wetlands and streams;

The existing zoning district of the proposed development site and any other zoning district within three hundred feet of the proposed development;

All special districts including, but not limited to, fire, school and water districts, in which the proposed development shall be located, and all such districts within three hundred feet of the proposed development;

The proposed number of square feet in paved or covered surfaces, whether covered buildings, driveways, parking lots, or any other structure covering land; and the total amount of square feet in the entire proposed development site;

The proposed number of dwelling units and number of bedrooms in the development;

The proposed number of square feet in gross floor area for each residential, commercial and/or industrial use;

A description of each proposed commercial and industrial use;

The written recommendations of the health department, building department, engineering department and fire department as to any portion of the site plan application covering areas within their respective jurisdictions;

Delivery vehicle routes and turning motions based on vehicle size and type;

13.

The location and, where ascertainable, sizes of all existing buildings, wells, watercourses, bodies of water, one-hundred-year floodplain, floodway, critical areas, overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over or under the land proposed to be subdivided;

14.

Any other information specified by the reviewing official, such as:

Proposed ownership pattern;

Operation and maintenance proposals (i.e., homeowner's association, condominium, co-op or other);

Solid waste disposal facilities;

Lighting;

Water supply;

Public transportation;

Community facilities;

General timetable of development;

Floodproofing or other measures to protect against flooding;

Information on design methods to conserve energy; or

Information on adjacent properties;

15.

A detailed site plan for development in the floodplain overlay district shall also include the following information:

Elevation in relation to the one-hundred-year flood level of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that established floodproofing standards have been met; and

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

(Ord. 2008-24 § 13, 2008; Ord. 2012-09 § 22, 2012; Ord. 2017-45 § 62, 2017)

§ 20.46.060 Preliminary site plan conference.

Prior to applying for a site plan review, a developer may present to the site plan review committee a preliminary site plan which shall contain in a rough and approximate manner all the information required on a site plan application. The purpose of the preliminary site plan conference is to enable the developer to obtain input of the site plan review

committee on development standards, utility services and procedural issues. Information presented for preliminary site plan discussion shall be considered confidential. None of the opinions or suggestions of the site plan review committee in preliminary site review conference shall be considered binding in the formal site plan approval process initiated under Section 20.46.070.

§ 20.46.070 Review, decision.

Applications before the site plan review committee shall be reviewed and evaluated based upon city-adopted policies, programs, and ordinances, and shall be in keeping with the Walla Walla Comprehensive Plan. To accomplish this, SPRC recommendations and decisions made by the approving authority under this code may include, but not be limited to, conditions of approval for site improvements, public improvements (streets, sidewalks, landscaping, etc.) and for the dedication of right-of-way necessary for public facilities.

The SPRC shall have the prerogative of deferring its review if, in the opinion of the SPRC, the site plan is sufficiently complex that it should be reviewed by the planning commission or hearing examiner. All decisions to defer shall be made during the comment period for the proposal.

The SPRC shall within the comment period for the proposal approve, disapprove or approve with conditions any site plan submitted to it and accepted for review unless this time period is extended by mutual agreement, in writing, between the applicant and the site plan review committee. The action taken by the site plan review committee will be submitted to the development services department for subsequent action on the development authorization application.

Any time required to review and approve, disapprove or approve with conditions any environmental checklist and make a threshold determination, and to develop and review an environmental impact statement as required under the provisions of SEPA shall not be included under the time constraints of this chapter.

The decision of the site plan review committee shall be given the effect of a recommendation to the approving authority.

The foundation for project review and decision making shall be the city's comprehensive plan and development regulations. The city's review of a project permit application will include determination as to whether the proposed project is consistent with applicable regulations or comprehensive plan and concurrency requirements. The determination of consistency shall be based on review of the city's adopted service levels, the applicable development regulations, or in the absence of a relevant development regulation, upon the comprehensive plan. The city's review will emphasize existing requirements and adopted standards, with the use of supplemental authority as specified by Chapter 43.21C RCW to the extent that existing requirements do not adequately address a project's specific probable adverse environmental impacts.

(Ord. 95-5 § 1(part), 1995; Ord. 97-14 § 43, 1997; Ord. 00-6 § 2(part), 2000; Ord. 2008-06 § 65, 2008; Ord. 2012-09 § 23, 2012)

§ 20.46.071 SPRC approval.

Whenever the site plan review committee approves, or approves with conditions, a site plan, it shall set forth in writing its findings which support such approval. All transmittals approving a specific project proposal shall include a listing of permits required for the project (including applicable fees required) and a designated contact person.

§ 20.46.072 SPRC denial.

Whenever the site plan review committee recommends disapproval of a site plan, it shall set forth in writing its proposed findings which shall specify the particular standards, provisions and policies to which the site plan fails to conform and the reasons why it fails to conform.

§ 20.46.080 Relationship of review to other permits.

The review and approval of site plans is considered a part of the city's development permit application approval process. Following approval of a site plan requiring review under the provisions of this code, a development permit may be issued by the development services department provided all other requirements of development permit application and ordinances of the city have been complied with.

§ 20.46.090 Performance bond.

It may be required as a condition of approval of a site plan that the applicant furnish a performance bond to the city to secure the applicant's obligation to complete the provisions and conditions of the site plan as approved.

§ 20.46.100 Amendment of site plan.

A site plan granted approval by an approving authority may be amended by the same procedures provided under this code for original site plan approval.

§ 20.46.110 Duration of approval.

Approval of the site plan shall be effective for eighteen months from the date of approval by the approving authority unless otherwise stated. During this time, the terms and conditions upon which approval was given will not change. If application for a building permit is not made within the eighteen-month period, the approval shall automatically terminate.

However, upon the application of the owner or representative, the director may extend the approval period for up to six months unless substantive change has been made in the regulations, ordinances, requirements, policies, or standards which impact the site since the initial approval.

Knowledge of expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The city shall not be held responsible for notification of expirations, although it may notify the applicant of date of expiration. All requests for additional time must be submitted to the development services office prior to expiration of site plan approval.

§ 20.48.010 Purpose.

The purpose of this section through Section 20.48.060 is to establish the procedures to amend the zoning text and/or map when the proposed change will benefit the general welfare of the community and is consistent with the goals, objectives and policies of the Comprehensive Plan as amended.

From time to time a change in circumstance or condition may warrant a change in the Zoning Code consistent with any changes made in the Comprehensive Plan.

There are four types of zoning related amendments:

Area-Wide Rezone. Legislative approval of land reclassification in an area. An "area-wide rezone" is a change in the Official Zoning Map.

Site-Specific Rezone. A reclassification of land from one zoning district to another, allowing a change in the range of permitted uses on a specific piece of property. A "site-specific rezone" is a change in the Official Zoning Map.

Zoning Code Text Amendment. A change of the text, standards, procedures or other provisions of this code.

Prezone. A prezone provides a zone designation for land to be annexed to the city. Upon annexation the official zoning map is changed to reflect the addition.

(Ord. 2008-06 § 66, 2008; Ord. 2021‑46 § 8, 2021)

§ 20.48.020 Who may initiate.

Amendments may be initiated by:

The city council;

The city manager;

The planning commission;

The zoning administrator;

Any person requesting amendment to the text of this code;

Any property owner or contract purchaser or authorized agent requesting a rezone of his/her property; or

Any property owner(s) requesting annexation to the city.

(Ord. 2025-21, 10/22/2025)

§ 20.48.030 Procedure.

A site-specific rezone is a quasi-judicial process which requires a Level IV development authorization. Applications shall follow the processing procedures prescribed in Chapter 20.27. Area wide rezones and text amendment are legislative processes which require a Level V action.

The hearing examiner is the reviewing body/hearing body for a site-specific rezone. Following a public hearing on the proposal, the hearing examiner's recommendation will be sent to the city council for its consideration. The planning commission is the reviewing body/hearing body for a text amendment or an area wide rezone. Following a public hearing on the proposal, the planning commission's recommendation will be sent to the city council for consideration and final decision.

The city council is responsible for the approval or denial of a rezone or text amendment. When considering a rezone request or a text amendment, the city council will act on the request at a public meeting upon the hearing record of the initial reviewing body.

Prezones require two public hearings at least thirty days apart before the city council.

(Ord. 95-5 § 1(part), 1995; Ord. 97-14 § 46, 1997; Ord. 00-6 § 2(part), 2000; Ord. 2008-06 § 67, 2008)

§ 20.48.040 Review criteria for site specific rezones.

The decision on a proposed amendment shall be based on findings as they relate to the following:

The proposal is consistent with and implements the Walla Walla Urban Area Comprehensive Plan as amended and the intent of this code.

The property in question is suitable for uses permitted under the proposed zoning amendment.

Public facilities such as roads, sewer and water and other public facilities are adequate to support the proposed amendment.

The proposed zone change and associated uses are compatible with neighboring land uses.

(Ord. 97-14 § 47, 1997; Ord. 00-6 § 2(part), 2000; Ord. 2008-06 § 68, 2008)

§ 20.48.045 Review criteria prezones, area wide rezones and text amendments.

The decision on a prezone, area wide rezone, or text amendment shall be based on a legislative finding upon whether or not the proposal is consistent with and implements the Walla Walla Urban Area Comprehensive Plan.

(Ord. 2008-06 § 69, 2008)

§ 20.48.050 Record of amendments.

All amendments to the zone code will be recorded and indexed in the development services department according to Section 20.14.100 of this code.

(Ord. 2008-24 § 14, 2008)

§ 20.48.060 Limits on reapplication.

No application for a text or map amendment shall be considered within one year of denial of the same or similar request, unless in the opinion of the Planning Commission or the City Council new evidence or circumstances warrant reconsideration within that time.

§ 20.48.100 Comprehensive plan/subarea plan adoption and amendments.

Comprehensive plan and subarea plan provisions and designations regarding the city, and amendments thereto, shall be processed in accordance with RCW 35A.63.070, 35A.63.071, 35A.63.072, 35A.63.073, and Chapter 36.70A RCW. Public notice and participation shall be provided in accordance with the notice and hearing requirements of this title. The planning commission shall, following public hearing, forward its recommendation to the city council for consideration and decision. The Walla Walla city council shall conduct a public hearing upon a plan or amendment proposal prior to taking action thereon. City council adoption shall constitute final action upon the provisions and designations which regard the city. The city council may, in its discretion, accept additional public comment at any time before final action is taken; however, an additional opportunity for review and comment upon a plan or amendment proposal is not required after the public hearing is closed unless the city council chooses to consider a change to the draft which was available for public review and comment after the opportunity for review and comment on the draft has passed and none of the exceptions below apply. An additional opportunity for public review and comment upon such a change is not required if:

An environmental impact statement has been prepared for the proposal and the change is within the range of alternatives considered in the impact statement;

The change is within the scope of alternatives available for public comment;

The change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of the proposal without changing its effect;

The change relates to a capital budget decision; or

The change is to a moratorium or interim control.

Comprehensive plan and subarea plan provisions and designations regarding only the unincorporated urban growth area, and amendments thereto, shall be processed in accordance with the Walla Walla County Code.

Comprehensive plan and subarea plan provisions regarding both the city and the unincorporated urban growth area, and amendments thereto, shall be processed by the city as provided in subsection A of this section. City council adoption shall constitute final action upon the provisions and amendments regarding their application within the city and recommendation to the county commissioners regarding their application in the unincorporated urban growth area. Recommendations with respect to the unincorporated urban growth area shall be thereafter processed in accordance with the Walla Walla County Code.

The city's action on a comprehensive plan adoption or amendment proposal shall be based on legislative findings upon whether or not the proposal conforms with Chapter 36.70A RCW.

The city's action on a subarea plan adoption or amendment proposal shall be based on legislative findings upon whether or not the proposal is consistent with the comprehensive plan.

(Ord. 2021‑46 § 9, 2021)

§ 20.48.200 Docketing – Comprehensive plan/development regulations amendment suggestion procedure.

In accordance with RCW 36.70A.470, suggested changes to the comprehensive plan or development regulations which are not specific to any site or project based may be submitted by any individual, organization or general or special purpose government. A list of such suggestions shall be known as the "docket" and is the means to suggest a change or identify a deficiency, such as the absence of required or potentially desirable content in the comprehensive plan or development regulations. An item may be submitted to the docket at any time during the calendar year. There is no fee associated with submitting an item to the docket.

Suggested changes must be submitted in writing to the department and shall address the criteria outlined in subsection D of this section.

Suggestions received by March 31st will be considered in the city's annual comprehensive plan and zoning code amendment cycle. The department will review such suggestions with the city council and determine whether to direct them to the planning commission for further consideration. The city council may decline to consider any item from the docket.

Suggested amendments on the docket may be considered appropriate for action if the following criteria are met:

Addresses a matter appropriate for inclusion in the comprehensive plan or development regulations.

Demonstrates a strong potential to serve the public interest.

Addresses the interests and changed needs of the entire city.

Does not raise a policy or land use issue(s) that may be more appropriately addressed by an ongoing work program.

Can be reasonably reviewed and evaluated, given existing staff and budget resources.

Has not been acted upon by the city council in the last three years.

Any item on the docket that is not determined to be appropriate for action may be proposed under Sections 20.48.010 through 20.48.060 (zoning text and/or map amendments) or Section 20.48.100 (comprehensive plan amendments), provided it is timely and properly filed.

(Ord. 2021‑46 § 9, 2021)

Walla Walla City Zoning Code

Division II

ADMINISTRATIVE PROVISIONS

§ 20.10.010 Purpose.

The purpose of this chapter is to establish and prescribe the basic duties and operating procedures for the administration and enforcement of this code. (See Section 20.10.080, City council.)

§ 20.10.030 Development services department.

The development services department shall have the following authority and responsibilities:

Issue development authorizations and permits;

Provide staff support to the city council;

Receive and process complaints applicable to this code;

Immediately update the Official Zoning Map to accurately reflect any amendments made by official action of the city council;

Maintain the official index of all permits and approvals under this code;

Coordinate all development activity to insure that an applicant receives all necessary input from this and all other city departments sharing an involvement with the proposal.

(Ord. 2008-06 § 19, 2008)

§ 20.10.040 Director.

The director shall be the administrative official of the development services department. The director shall have the following authority and responsibilities:

To oversee all duties and responsibilities of the development services department and to determine the appropriate processing level of each application;

To act as chair of the site plan review committee, coordinating their review process;

To recommend to the planning commission and city council sound planning and development activities or policies;

To interpret this title;

To perform any other function or duty authorized or assigned to the director by the Walla Walla Municipal Code, council ordinance or resolution or the city manager.

Decisions of the director made under authority of this title may be appealed only as provided in this title.

(Ord. 2016-03 § 8, 2016; Ord. 2025-21, 10/22/2025)

§ 20.10.050 Site plan review committee – SPRC.

To act as the environmental review body, in an advisory role to the responsible official, for review of environmental considerations required by SEPA;

To examine certain land development proposals through a comprehensive site plan review process.

The specific details related to the site plan review committee and its review process are set forth in Chapter 20.46, Site Plan Review Committee.

Decisions of the site plan review committee shall be given the effect of a recommendation to the appropriate approving authority.

§ 20.10.060 Planning commission.

Decisions and recommendations of the planning commission shall have the effect of a recommendation to the Walla Walla city council.

(Ord. 2008-06 § 20, 2008)

§ 20.10.070 Hearing examiner.

Any matters shall be heard and decided by one hearing examiner.

Decisions of the hearing examiner upon subdivision preliminary plats, site-specific amendments to the Official Zoning Map shall have the effect of a recommendation to the Walla Walla city council.

The hearing examiner system is adopted pursuant to RCW 35A.63.170.

(Ord. 2008-06 § 21, 2008)

§ 20.10.080 City council.

As the legislative body for the city of Walla Walla, the city council shall have the following authority and duties associated with this code:

Make the final legislative decision on amendments to the Zoning Code, Subdivision Code, Shoreline Master Program, Critical Areas Code, and the Comprehensive Plan.

Make the final legislative decision on street vacations, pre-zones, and annexations.

Make the final quasi-judicial decision on preliminary and final subdivision plans, shoreline substantial development permits, and site-specific amendments to the Official Zoning Map.

Perform any other act or duty authorized by law.

(Ord. 2008-06 § 22, 2008)

§ 20.14.010 Purpose.

The purpose of this chapter is to specify the general requirements for filing and processing project permits under this code and to specify procedures which apply to certain non-project actions.

"Project permit"

"Non-project action"

means the adoption or amendment of a comprehensive plan, subarea plan, or Zoning or Subdivision Code text, area-wide rezones, prezones, annexations, street vacations, or other legislative approvals.

(Ord. 2008-06 § 23, 2008)

§ 20.14.015 Special notice.

(Ord. 2008-06 § 24, 2008)

§ 20.14.020 Approval required.

Exemptions. The following developments and actions are exempt from the review provisions of this title, except as otherwise provided in subsections C and D of this section:

Accessory structures under twenty square feet in area and five feet in height.

Exempt signs per Section 20.204.040.

Development proposals on federally owned land.

Utility transmissions lines.

Small satellite dishes as defined in Chapter 20.170, Wireless Communication Facilities.

Demolition of residential accessory structures as provided in Section 20.146.040, Demolition of historic structures.

Landmark designations.

No development or action in a critical area or a buffer zone regulated by Chapter 21.04 shall be exempt from the review provisions of this title.

Non-project actions require review and approval by the city as provided in this title.

(Ord. 2008-06 § 25, 2008; Ord. 2012-09 § 15, 2012; Ord. 2017-45 § 61, 2017; Ord. 2018-53 § 7(part), 2018)

§ 20.14.030 Permit assistance – Consolidated project permit review – Concurrent non-project review – Pre‑application process.

The development services department personnel are designated as general permit assistance staff. The director may designate special permit assistance staff upon an application.

A project permit review process shall not be consolidated with a non-project action approval process.

Director interpretations, Level I matters, Level II matters, Level III matters, and Level IV matters shall not be consolidated with Level V or Level VI processes;

In the event that consolidated review processes involve open record hearings before the same hearing body, they will be consolidated into one joint hearing;

If Level IV project permit processes are consolidated, the recommendations of hearing examiner and planning commission shall be contemporaneously presented to the city council.

Concurrent Non-Project Review.

Non-project approvals may be processed concurrently with other non-project approvals at the discretion of the director, but they shall not be consolidated.

At any time prior to issuance of a determination of completeness, the applicant may request that the following be provided:

A form which lists the requirements for a completed application;

A general summary of the procedures to be used for processing the application;

The references to the relevant code provisions, development standards, and regulations which may apply to the approval of the application; and

The city's design guidelines.

(Ord. 2008-06 § 26, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.040 Application required.

A property or legal description of the property affected by the application.

Application fee.

Evidence of water and sewer availability.

A general or detailed site plan, as determined by the director to be necessary based on the scope of the proposal.

Information required by other municipal code sections for the particular type of proposal.

All of the information needed by the department to make determinations required by Section 20.14.060(C).

(Ord. 2008-06 § 27, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.045 Application exemptions.

(Ord. 2008-06 § 28, 2008; Ord. 2018-53 § 7 (part), 2018)

§ 20.14.050 Filing and service.

All applications and any notices or other materials required by this code shall be filed with the department during office hours at the department's office.

Applications, notices, and other materials which require payment of a fee or charge to the city shall not be deemed filed until the fee or charge is actually paid.

Filing of any documents with the department by electronic mail transmission is at the risk of the sender and shall not be deemed complete unless the following procedures are strictly observed:

Proof of personal service in the following form executed by department personnel shall be presumptive evidence of the date of service:

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that I personally served a copy of the attached document upon the following named person(s) on the stated date(s): _______________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

Proof of service by mail in the following form executed by department personnel shall be presumptive evidence of the date of service:

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that I mailed a copy of the attached document, postage prepaid, to the following named person(s) at the stated address(es) on the stated date(s): _____________________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

(Ord. 2008-06 § 29, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.055 Publication and posting.

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that the content of the attached form of notice was published in the Walla Walla Union Bulletin on the following stated date(s): ________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

The department shall post notices in the manner required by this code. Proof of posting in the following form executed by department personnel shall be presumptive evidence of the date of posting:

CERTIFICATE
I certify under penalty of perjury under the laws of the state of Washington that the content of the attached form of notice was posted in the following described manner on the following stated date(s): ________.
_________________________ (Date and Place of Signing)	_________________________ (Signature)

(Ord. 2008-06 § 30, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.060 Initial application processing.

Upon receipt of an application for a Level 1 – Level IV review, the development services department shall proceed as follows:

Incomplete Application Procedure.

The date of the application and the date of the notice of completion;

A description of the proposed action;

The determination of the lead agency for the proposal under SEPA;

Preliminary identification of existing environmental documents that evaluate the proposal and the location where the application and studies can be reviewed;

A preliminary determination of consistency for project permit proposals;

A list of the project permits included in the application and, to the extent known to the department, a list of other permits not included in the application which are required for the proposal;

A preliminary determination indicating which municipal code review level(s) will be used to process the application;

A preliminary determination identifying additional information or studies requested from the applicant;

To the extent known by the department, a preliminary determination and identification of other departments and agencies with jurisdiction over the project permit application;

A preliminary determination and identification of parties entitled to notice of application; and

13.

Other information that the department determines to be appropriate to include.

(Ord. 97-14 § 17, 1997; Ord. 2000-6 § 2(part), 2000; Ord. 2008-06 § 31, 2008; Ord. 2018-53 § 7(part), 2018)

§ 20.14.065 Notice of application/proposal.

Notice of application/proposal shall include:

The identity of the applicant;

The date of the notice of application/proposal;

Project description;

Preliminary identification of existing environmental documents that evaluate the proposal and the location where the application and studies can be reviewed;

On the first page, notice that:

The city uses the optional threshold determination process authorized by WAC 197-11-355;

The application comment period for nonexempt proposals may be the only opportunity to comment on the environmental impacts of the proposal;

A copy of the subsequent threshold determination on the proposal may be obtained upon request;

The information required by Section 20.14.060(C);

A statement identifying the public comment period, including:

The right to comment on the application,

The opening and closing date of the public comment period,

The last date and time that written comments may be submitted,

The right to receive notice of and participate in hearings,

The right to request a copy of decision on the proposal once made, and any appeal rights;

To the extent applicable, the date, time, place, and type of hearing upon the application if such hearing has been scheduled at the time the notice of application/proposal is given; and

Other information that the department determines to be appropriate to include.

A determination of completeness was not required for the proposal;

A determination of completeness was not timely prepared for the proposal; or

The determination of completeness substantially omits the information required by Section 20.14.060(C).

Notice of Application – How Given.

Site Plan Review Committee Notice. The department shall electronically deliver notice of application/proposal to members of the site plan review committee if the proposal requires site plan review.

Sustainability Committee. The department shall electronically mail notice of applications/proposals that are not categorically exempt under SEPA to the city's sustainability committee.

Public Notice.

Anyone who has filed a special notification request in accordance with Section 20.14.015 shall receive the notice of application.

The notice of application shall be provided as follows:

Review Level	Notice Provided (1)
Non-SEPA exempt Level I	•	Mailed to adjacent property owners (2)
Non-SEPA exempt Level I	•	City's website
Level II	•	Mailed to adjacent property owners (2), except for unit lot subdivisions. For unit lot subdivisions, the community and property owners within 250 feet shall be notified, consistent with RCW 36.70B.110 and notice posted on the closest public sidewalk or roadway.
Level II	•	City's website
Level III	•	Property owners within 300 feet of project site boundaries
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin
Level IV (3)	•	Property owners within 400 feet of project site boundaries
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin
Level IV – Shoreline Substantial Development Permits, Shoreline Conditional Use Permit, or Shoreline Variance (4)	•	Property owners within 400 feet of project site boundaries
	•	City's website
	•	Post the project site in a conspicuous location
	•	Publish in the Union-Bulletin two consecutive weeks on the same day of the week
Level V	•	City's website
Level V	•	Publish in the Union-Bulletin
Level VI	•	City's website
Level VI	•	Publish in the Union-Bulletin
Annexation Proposals	•	In accordance with Section 20.02.080 instead of this section
Prezone Proposals	•	In accordance with the provisions of Chapter 35A.14 RCW instead of this section
Street Vacations	•	In accordance with the provisions of Chapter 35.79 RCW instead of this section

Notes:
(1) Notice is provided to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office.
(2) If the owner of the proposal site owns another parcel or parcels of real property which lie adjacent to the proposal site, the notice of application/proposal shall be given to the record owner(s) of property, as shown by the records of the Walla Walla County assessor's office, which is adjacent to any portion of the boundaries of the proposal site or such other adjacently located parcels owned by the same owner as the proposal site.
(3) Notice of subdivision preliminary plat proposals shall be given to the Washington State Secretary of Transportation if a proposed subdivision preliminary plat is located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport.
(4) Notices regarding shoreline substantial development proposals shall additionally include a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning the proposal as expeditiously as possible after the issuance of decision, may submit the comments or requests for decisions to the department within thirty days following the date of final publication of the notice of application; unless the proposal is for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion, in which case comments must be submitted within twenty days following the date of final publication of the notice of application.

The department should document the date and manner by which any notice is given.

The department may remove posted notice upon expiration of the comment period.

Publication costs and costs incurred to post and remove notice at the proposal site shall be borne by the applicant in addition to other costs and fees which apply.

(Ord. 2008-06 § 32, 2008; Ord. 2012-09 § 16, 2012; Ord. 2018-53 § 7(part), 2018; Ord. 2023-08 § 2, 2023; Ord. 2025-21, 10/22/2025)

§ 20.14.070 Comment period.

There is no public comment period on Level I proposals that are categorically exempt under SEPA.

There shall be a public comment period on proposals that are not categorically exempt under SEPA.

There shall be a public comment period on all Level II, III, IV, and V proposals even if they are categorically exempt under SEPA.

There shall be a public comment period on all Comprehensive Plan or Subarea Plan adoption or amendment proposals.

The applicant is deemed to be a participant in the comment period, and may submit comments during the comment period in addition to those submitted by agencies and the public.

Comments must be submitted in writing to the department prior to expiration of the comment period.

(Ord. 2008-06 § 33, 2008)

§ 20.14.080 Determination of consistency/SEPA determination.

The department shall make a determination of consistency upon project permit applications as provided herein:

A determination of consistency is not required for non-project actions.

The determination of consistency may be different than the preliminary determination of consistency made in a determination of completeness.

Density of residential development; and

Availability and adequacy of public facilities identified in the Comprehensive Plan, if the plan or development regulations provide for funding of these facilities.

During project review, the reviewing body shall not reexamine alternatives or hear appeals on the items identified in subsection (B)(5)(a) of this section, except issues of code interpretation.

When making a determination of consistency, the department shall consider:

The type of land use proposed;

The level of development proposed, such as units per acre or other measures of density;

Infrastructure, including public facilities and services needed to serve the proposed development; and