Fundamental land use planning choices made in adopted Comprehensive Plans and development regulations shall serve as the foundation for project review. The purpose of this chapter is to establish procedures for processing and reviewing permit applications and permits that reference this chapter. (Ord. 782 § 19, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) This chapter applies to all project and construction permits stated in this chapter and any permit that references this chapter, unless specified otherwise by law.

(2) State agencies shall comply with this chapter as set forth in RCW 36.70A.103, except as otherwise provided by law. (Ord. 782 § 20, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) All project and construction permits are desginated and processed as either a Type 1, Type 2 or Type 3 decision described as follows:

(a) Type 1 decisions are administrative or ministerial actions that do not require public notice or a predecision hearing and do not require SEPA review or SEPA review is previously completed;

(b) Type 2 decisions are administrative actions requiring public notice but do not require a predecision hearing;

(c) Type 3 decisions are quasi-judicial actions requiring public notice and a predecision hearing.

(2) The Director shall determine the proper decision type and review process consistent with this chapter for each permit application.

(3) If there is a conflict in which decision type to apply, the resolution shall be in favor of the higher decision type with a Type 1 decision being the lowest and a Type 3 decision being the highest. (Ord. 782 § 21, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) If a project proposal involves two or more permits, the highest type of decision and associated procedures must be finalized before subsequent permits can be issued. The Director may waive this requirement for those permits not dependent on other permits for their justification or implementation.

(2) Except when the optional consolidated review process prescribed in WMC 21.80.040 is used, submission of a construction permit application dependent on other permit decisions to justify or implement their approval shall be determined incomplete and subject to the provisions in WMC 21.80.100 if the submission of the construction permit application is prior to the relied upon permit decisions becoming final. The Director may but is not required to waive this requirement if the provisions in this chapter are not negatively affected. (Ord. 782 § 22, 2025)

(1) An applicant may elect to submit a consolidated permit application for project proposals involving two or more permit applications rather than having the permit applications processed individually. The applicant shall make such an election in writing upon and simultaneously with submission of all permit applications to be considered under the consolidated review process.

(2) The City shall process all permit applications identified in the consolidated review as one application using the procedures and time frame of the permit application having the highest type of decision.

(3) The consolidated review process shall be composed of the following:

(a) A mandatory intake meeting pursuant to WMC 21.80.060(2);

(b) Submission of a single application packet satisfying all submission requirements for each individual permit application;

(c) A single determination of completeness shall be used for all permit applications included in the consolidated review;

(d) A single notice of application with a single comment period shall be issued for all Type 2 and Type 3 decisions, and SEPA;

(e) If applicable, a single notice of hearing and open record hearing, which shall be combined with any open record appeals;

(f) Any public meeting or required open record hearing may be combined with any public meeting or open record hearing that may be held on the project by another local, State, regional, Federal, or other agency in accordance with WMC 21.80.130;

(g) If an open record hearing is held, no more than one closed record appeal is allowed; and

(h) The City shall provide a single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the City’s SEPA authority. The report may be the permit or a staff report. If a threshold determination other than a determination of significance has not been issued previously by the SEPA Responsible Official, the report shall include or append this determination.

(4) The Director shall designate the decision authority for each of the permit applications included in the consolidated review process consistent with WMC 21.80.050, except if there is more than one decision authority designated for Type 2 and Type 3 decisions, the Director may designate a single decision authority under which to consolidate and decide the Type 2 and Type 3 decisions based on the permit application having the highest decision type. (Ord. 782 § 23, 2025)

The tables in this section establish for each permit application: (1) the decision type for each permit, (2) the person or entity having authority to decide the permit, and (3) the required review procedures applicable to each permit.

(1) Table 21.80.050(1) sets forth the permit applications that are designated and administered as a Type 1 decision with corresponding review procedures.

(2) Table 21.80.050(2) sets forth the permit applications that are designated and administered as a Type 2 decision with the corresponding review procedures.

(3) Table 21.80.050(3) sets forth the permit applications that are designated and administered as a Type 3 decision with corresponding review procedures.

(Ord. 789 § 3, 2025; Ord. 782 § 24, 2025; Ord. 766 § 11, 2024; Ord. 720 § 25, 2021; Ord. 706 § 47 (Att. A), 2020)

(1) Preapplication Meeting. The purpose of a preapplication meeting is to acquaint the applicant with the review procedures and submission requirements of the City, and to discuss issues involving development, an application, or a project.

(a) A preapplication meeting is optional and may be initiated at the applicant’s request.

(b) A preapplication meeting may be held at any time before a permit application is submitted.

(c) A completed form and related information in sufficient number of copies as determined by City staff are required to apply for a preapplication meeting. The applicant should at a minimum provide a conceptual site plan and information on the types of uses being proposed for the property.

(d) A preapplication meeting is not an exhaustive review of all potential issues, and the discussion shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent project information by the applicant may prevent the City from identifying issues or providing the most effective preapplication meeting.

(2) Intake Meeting. When required, this is the first formal step in the permit review process. The purpose of an intake meeting is to determine the adequacy of a permit application for submission to and acceptance by the City.

(a) An intake meeting is mandatory for all Type 2 and Type 3 decisions, unless waived by the Director if found to be unnecessary.

(b) An intake meeting is not mandatory for Type 1 decisions, unless the Director determines an intake meeting is necessary due to the complexity of the application and to ensure a more efficient review process.

(c) An intake meeting is not a determination of completeness for a project application as set forth in WMC 21.80.100 and does not establish vesting rights. (Ord. 782 § 25, 2025)

A project permit application shall be on forms, number of forms, and in a manner determined by the Director consistent with this section.

(1) The Director shall establish, and may revise as necessary, forms and written checklists that specify the submission requirements for each type of project permit application to be complete and accepted for processing.

(2) When establishing application submission requirements for each application type, the need for the following should be considered:

(a) A completed application form;

(b) A legal description of the property, property address or a location description from the nearest public right-of-way intersection if an address is not available, and the associated tax parcel number;

(c) Owner authorization form identifying the individual representing the property owner’s interest in the project permit;

(d) A vicinity map showing the location of the property including surrounding streets, private access easements, shorelines and other reference points;

(e) A project narrative describing the proposal;

(f) A site plan drawn to scale showing:

(i) Property dimensions;

(ii) Topography at two-foot elevation contours;

(iii) Location and dimensions of all existing and proposed physical improvements;

(iv) Location of significant trees on the site;

(v) Off-street parking areas and access drives;

(vi) Significant natural features, such as slopes, shorelines and critical areas;

(g) Other plans, such as building elevation drawings, landscaping plans, or sign plans, which are determined necessary to support the application;

(h) Sewer, water and utility plans;

(i) When required, mailing labels containing the names and addresses of all owners/residents of record within the notification radius prescribed by this title;

(j) A completed SEPA checklist;

(k) As required, studies and reports including but not limited to:

(i) Drainage report;

(ii) Critical area report;

(iii) Arborist report;

(iv) Geotechnical studies;

(v) Hydrologic studies;

(vi) Lighting plans;

(vii) Noise studies;

(viii) Air quality studies; and

(ix) Transportation impact analysis;

(l) Other information as required by the City or required elsewhere in the Woodinville Municipal Code to support a decision on the application;

(m) Application fee; and

(n) The requirement for plans and reports to be submitted electronically.

(3) The Director may waive on a case-by-case basis specific submittal requirements determined to be unnecessary for reviewing an application. Alternatively, the Director may require additional materials such as maps, studies, or models when the Director determines such information is necessary to adequately assess the proposal and its impacts. (Ord. 706 § 47 (Att. A), 2020)

(1) The development regulations in effect on the date a project permit application obtains vested rights as specified by this section shall be the standard of review for a project permit application.

(2) How Vested Rights Are Obtained.

(a) A valid and fully complete building permit application for a structure that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building, zoning and other land use control ordinances in effect on the date of the application. The vesting rights associated with a building permit do not apply to subsequently required or related permits, except as required by law.

(b) A valid and fully complete application for a preliminary subdivision, short subdivision or binding site plan shall be considered under the zoning and other land use control ordinances in effect on the date of the application, or, if the application is initially deemed incomplete, the date on which all required materials have been submitted pursuant to WMC 21.80.100.

(c) A development agreement approved by the City Council may include development standards that govern a project during the terms of the agreement.

(d) Vesting rights for other development types not specified by subsection (2)(a), (2)(b) or (2)(c) of this section shall occur on the date a building permit or a site development permit is issued by the City. The vesting rights associated with the issuance of a building permit or site development permit do not apply to subsequently required or related permits, except as required by law.

(3) The vesting rights provided for in subsection (2) of this section extend only to local land use control ordinances and do not extend to environmental regulations mandated by State or Federal law. The vesting rights provided for in subsection (2) of this section shall not restrict conditions imposed under SEPA.

(4) Supplemental information required after vesting rights are acquired pursuant to subsection (2) of this section shall not affect the validity of the vesting rights for such an application, except a major modification, either voluntarily or to conform to applicable standards, that substantially increases the development’s impact to nearby properties and/or public streets as determined by the Director shall be considered a new application for the purpose of vesting rights.

(5) Vesting rights are not selectively waivable. An applicant may voluntarily waive their vesting rights provided they agree in writing that the project will comply with all development regulations in effect on a different date certain agreed to between the applicant and the Director.

(6) The vesting rights granted under this section are limited to both dividing the property and developing the property in a manner disclosed in the application on the submission date of the application. (Ord. 794 § 1, 2025; Ord. 706 § 47 (Att. A), 2020)

When the tables set forth in WMC 21.80.050 require a determination of completeness, the following apply:

(1) Within 28 days after accepting a permit application, City staff shall provide a written notice to the applicant that states:

(a) The application is complete; or

(b) The application is incomplete and the procedural submission requirements have not been satisfied. The determination shall state what is necessary to make the application procedurally complete. The requirements for an incomplete application set forth in subsection (5) of this section shall apply.

(2) To the extent known, the notice of complete application shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application.

(3) Failure to provide the written notice prescribed in subsection (1) of this section shall automatically designate the application as procedurally complete on the twenty-ninth day after receiving the permit application.

(4) A permit application is complete when it meets the procedural submission requirements established in Chapters 21.82 through 21.84 WMC and as may be outlined in the permit application.

(a) Additional information or studies may be required, or project modifications may be undertaken after the determination of completeness.

(b) A determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the completeness notice or after if new information is required or substantial changes in the proposed action occur.

(c) The need for additional information or studies may not preclude a determination of completeness if the procedural submission requirements have been satisfied.

(5) If the permit application is determined incomplete:

(a) The applicant has 90 days from the date the City notifies the applicant to submit responsive information necessary to make the permit application procedurally complete;

(b) If the applicant pursues in good faith to provide the necessary responsive information, the applicant may request in writing and the Director may grant one or more extensions of time not to exceed 90 days for each extension;

(c) Once the time in subsection (5)(a) of this section and any extensions expire, processing of the permit application shall terminate, and the permit application shall be deemed to be void and withdrawn due to inactivity.

(6) Within 14 days after the applicant submits the responsive information necessary to make the permit application procedurally complete, the City staff shall notify the applicant in writing whether the permit application is procedurally complete or what additional information is required. Failure to notify the application within 14 days of the date they submitted the responsive information will automatically designate the application as procedurally complete. (Ord. 782 § 26, 2025; Ord. 706 § 47 (Att. A), 2020)

When the tables set forth in WMC 21.80.050 require a notice of application, the following apply:

(1) The City shall provide a notice of application within 14 days after the determination of completeness is issued.

(2) The content of the notice of application shall include the following information:

(a) The file number assigned to the permit application;

(b) The date the application was received, the date of the determination of completeness, and the date of the notice of application;

(c) A description of the proposal;

(d) A list of permits included with the application, and to the extent known, a list of the permits not included in the application;

(e) Identification of existing environmental documents that evaluate the proposal;

(f) The location where the application and any studies can be reviewed;

(g) A statement of the public comment period, which shall not be less than 14 days or more than 30 days;

(h) The date, time, place, and type of hearing, if applicable and scheduled at the date of the notice of the application;

(i) A statement of the rights of any person to comment on the application, receive notice of and participate in any predecision hearings, request a copy of the decision once made and any appeal rights;

(j) A site plan, if applicable;

(k) A statement of the preliminary determination of consistency pursuant to WMC 21.80.170, if one has been made at the time of notice, of those development regulations that will be used for project mitigation; and

(l) Any other information determined to be appropriate by the City staff.

(3) The notice of application shall be posted and mailed in accordance with WMC 21.80.140(1) and (2). Additionally, the notice of application shall be published in accordance with WMC 21.80.140(3) when the notice of application is combined with a SEPA threshold determination and/or notice of hearing.

(4) Nothing in this section prevents a determination of significance (SEPA) and scoping notice from being issued prior to the notice of application, nor prevents the City, when it is a project proponent or is funding a project, from conducting its review under Chapter 43.21 RCW, nor from allowing appeals of procedural determinations prior to submitting a permit application. (Ord. 782 § 27, 2025; Ord. 706 § 47 (Att. A), 2020)

When the tables set forth in WMC 21.80.050 require a notice of hearing, the following apply:

(1) A notice of hearing is required for all predecision hearings and shall comply with the following:

(a) The City will provide the notice of hearing at least 15 days before the hearing date; and

(b) In setting the hearing date, the City will consider the time necessary for comment and appeal periods on any related SEPA threshold determination, and for the City to conduct the hearing and issue a decision within the 120-day time prescribed in WMC 21.80.210.

(2) The content of the notice of hearing shall include the following:

(a) Project description, list of project permits in the application, assigned City file number, and the City contact person;

(b) The date, time, and place for the hearing;

(c) The right of any person to participate in the hearings and request a copy of the decision;

(d) If applicable, the SEPA threshold determination and the deadline (date, time and place) for submitting a SEPA appeal, including a statement that any timely SEPA appeal shall be heard at the scheduled predecision hearing; and

(e) Any other information determined appropriate by the City staff.

(3) The notice of hearing shall be posted, mailed, and published in accordance with the general notice requirements in WMC 21.80.140.

(4) Continuation of a hearing does not require additional notice. (Ord. 706 § 47 (Att. A), 2020)

(1) When requested by the applicant, the City may allow a predecision hearing to be combined with any other hearing that may be held by another local, State, regional, Federal, or other agency for the same project; provided:

(a) The hearing is held within the geographic boundary of the City;

(b) The applicant agrees to the schedule if additional time is needed to combine the hearings;

(c) Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements; and

(d) Each agency participating in the hearing has received the necessary information from the applicant about the proposed project to hold the combined hearing.

(2) In all cases, appeals and hearings shall be combined in a manner which retains applicable City procedures. The City may combine its notice requirements with other agencies’ notices, and the decision authority shall have the discretion to decide the procedures for conducting the hearing when there are conflicting procedures. (Ord. 782 § 28, 2025; Ord. 706 § 47 (Att. A), 2020)

The notice requirements of this chapter are intended to meet or exceed those required by State law. Notices shall at a minimum comply with the following:

(1) When posting a notice is required:

(a) The notice shall be posted on signs located on each public right-of-way adjoining the property and clearly visible from the public street or a public area;

(b) When the property does not adjoin an open public right-of-way or public street, the notice sign should be located within a public right-of-way within 10 feet of where a private lane, shared driveway, or unopened public right-of-way connects and shall clearly be visible from a public street or public area;

(c) The Director may require additional signs to be posted on the property in locations visible to adjoining property owners, if the Director determines the posting of one notice sign is not reasonably adequate for noticing;

(d) Removal of the notice prior to the end of the comment period by the applicant may be cause for discontinuing the review process until such time the sign is replaced and remains in place for the specified time;

(e) The Director shall determine the specifications for the construction and installation of the signs used to post notices;

(f) An affidavit or declaration of posting containing the date, location, and the signature of the person responsible for the posting shall be provided and serve as proof the notice was posted; and

(g) The City, at its option, may be responsible, or may direct the applicant to be responsible, for posting signs and notices.

(2) When mailing a notice is required:

(a) Written notice shall at a minimum be sent to the following:

(i) The applicant and/or the property owner;

(ii) Any State, Federal or local agencies with jurisdiction related to the project;

(iii) Any person who writes to the City requesting such notice;

(iv) The Washington State Department of Transportation where a proposed subdivision or short subdivision is located adjacent to a state highway right-of-way;

(b) Notice shall be mailed to the addresses of owners of property located and, to the extent possible, those residents and tenants living within a distance of 500 feet from the site, provided such distance shall be extended as necessary to include at least 20 different property owners, tenants and residents. Distance shall be measured from the outer property lines of all portions of the subject property including any contiguous property owned, controlled or under the option of purchase by the same property owner and/or applicant;

(c) The address of the property owner and/or taxpayer of record on file with King County Assessor shall serve as the official record where notice shall be mailed;

(d) Any mailed notice required by this chapter shall be adequate when a good-faith effort has been made to identify and mail notice to the address of property owners or taxpayers of record on file with the King County Assessor.

(e) Notice mailed to persons at their known address shall be judged to have been received by those persons if those persons and their addresses are named in an affidavit or declaration of mailing. Failure of any person or owner of property to receive the notice shall not invalidate any permit or approval.

(3) When publishing a notice is required:

(a) Published notice shall be in the official City newspaper or a newspaper of general circulation within the City boundaries; and

(b) The content of the published notice shall, at a minimum, include the following:

(i) Project location;

(ii) Project description;

(iii) Type of permits required;

(iv) Comment period and dates;

(v) Location where the complete application may be viewed.

(4) The provisions of this section shall not limit the City’s ability to provide additional public notice by other means of communication (e.g., City website and City notice boards). (Ord. 782 § 29, 2025; Ord. 706 § 47 (Att. A), 2020)

The City will combine notices, including SEPA notices, whenever possible, provided the requirements of each individual notice are met by the combined notice. Examples of combined notice include, but are not limited to the following:

(1) Notice of application, SEPA threshold determination and SEPA appeal notice;

(2) Notice of application and optional DNS process;

(3) Notice of application and notice of hearing;

(4) Notice of application, notice of hearing, SEPA threshold determination and SEPA appeal notice;

(5) Determination of completeness and notice of application. (Ord. 782 § 30, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) Public and agency comments shall be specific to the project permit at issue. If no written comments are received by the date specified in the notice, or if no comments are received by the closing of the record of a predecision hearing, the person or agency is presumed to have no comments on the matter.

(2) The City may accept public and agency comments at any time prior to the closing of the record of predecision hearing or, if there is no predecision hearing, prior to the decision on a permit or administrative action requiring noticing. (Ord. 782 § 31, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) A proposed project shall be reviewed for consistency with applicable development regulations, or in the absence of development regulations, the appropriate elements of the Woodinville Comprehensive Plan. Consideration shall be given to the following:

(a) The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied;

(b) The level of development, such as density;

(c) The availability and adequacy of infrastructure pursuant to Chapter 21.90 WMC; and

(d) The characteristics of the development such as development standards;

(2) Nothing in this section requires documentation or limits the City from asking more specific or related questions with respect to any of the items in subsection (1) of this section;

(3) Project permit review shall not reexamine or hear appeals to development regulations or the Comprehensive Plan, except for issues relating to code interpretations. Nothing in this section limits the authority of the City to approve, condition, or deny projects as provided in the development regulations and the policies adopted under SEPA. (Ord. 706 § 47 (Att. A), 2020)

When a project permit application requires a predecision hearing, the following apply:

(1) Following the expiration of the comment period on the notice of application, the City will coordinate and assemble the reviews and written comments of persons and local, state and federal agencies that have commented on the proposal.

(2) The City will prepare a report evaluating whether the project permit application satisfies applicable decision criteria. The report may include recommended conditions, if appropriate, and may include a recommendation on the action to be taken on the application.

(3) At least seven days before the predecision hearing, the report will be made available to the applicant and the public, and a copy transmitted with relevant exhibits to the hearing body that decides the matter. (Ord. 706 § 47 (Att. A), 2020)

(1) The decision authority prescribed in the tables in WMC 21.80.050 for the corresponding type of permit application shall decide the matter consistent with the following:

(a) For Type 1 and Type 2 decisions, the decision authority shall approve, approve with conditions, or deny a permit application based on the appropriate decision criteria;

(b) For Type 3 decisions, the decision authority shall approve, approve in part, approve with conditions, deny, deny in part, or deny with conditions based on the appropriate decision criteria;

(c) All decisions shall be issued within the timeline prescribed in WMC 21.80.210. A decision by a hearing body shall be issued within 10 business days after the conclusion of a predecision hearing, unless a longer time is mutually agreed to between the applicant and the hearing body;

(d) Notice of decision is provided pursuant to WMC 21.80.200.

(2) A decision issued under this section shall be given the effect of a final decision. However, further action is not authorized until:

(a) Expiration of the time to file an administrative appeal; or

(b) If an appeal is filed, the decision on the administrative appeal is final; or

(c) The rights to an administrative appeal are waived. The Director may waive an administrative appeal if the following are all satisfied:

(i) The decision is a Type 1 or Type 2 decision, excluding appeals relating to the Woodinville Shoreline Master Program; and

(ii) Parties having legal standing to file an administrative appeal are only the applicant, property owner, and City; and

(iii) A written request to waive the administrative appeal is signed by the applicant and property owner and submitted to the Director; and

(iv) The decision is fully compliant with the Woodinville Municipal Code.

(3) Type 2 and Type 3 decisions shall include written findings based upon the record and conclusions which support the decision, and which demonstrate compliance with applicable decision criteria. Some Type 1 decisions may include written findings and conclusions as determined by the Director. (Ord. 782 § 32, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) A notice of decision is issued at the conclusion of the permit review.

(2) The notice of decision may be a copy of the report or decision on the permit application, or it may be a separate written notice.

(3) The City shall provide a notice of decision that includes the following:

(a) A statement of any SEPA threshold determination, if notice was not previously given;

(b) The administrative appeal process and time for filing an appeal, if any;

(c) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program or revaluation.

(4) Except as provided in subsection (5) of this section, the notice of decision shall be mailed by first class postage and/or provided by personal service to the following:

(a) The applicant;

(b) Parties of record;

(c) Any person submitting a written request to the City to receive the decision;

(d) King County Assessor’s office; and

(e) Any other party determined appropriate by the City.

(5) As an alternative, the notice of decision may be sent by email addresses on record with the City or other forms of communication, unless a party requests the notice of decision be sent by mail.

(6) If the notice of decision is to deny a permit application, no new application for substantially the same proposal, as determined by the Director, can be submitted to the City within one year from the date of the denial; provided, that the Director may waive this prohibition if the City’s development regulations have changed to allow approval. (Ord. 782 § 33, 2025; Ord. 706 § 47 (Att. A), 2020)

This section establishes time frames for reviewing permits to ensure permit applications are reviewed in a timely and predictable manner.

(1) General Provisions. The following provisions apply to all permit processing timelines:

(a) All review time frames are expressed as calendar days. When computing the review time, the following times are excluded from counting towards the time frames prescribed in subsection (2) of this section:

(i) Any time between the date the City notifies the applicant in writing additional information is required to further process the application and the date the applicant submits responsive information;

(ii) Any time to allow for the filing of an administrative appeal and the time to resolve the administrative appeal;

(iii) Any time mutually agreed between the applicant and the City to extend the time frame;

(iv) If the last day of the time frame is on a Saturday, Sunday, or designated City holiday, the computing of time shall pause and be concluded at the end of the next business day.

(b) If the City sends written notice to the applicant pursuant to subsection (1)(a)(i) of this section, and if afterwards there is no communications from the applicant regarding the notice or submission of responsive information for at least 60 consecutive days, the City may add 30 days to the applicable time frame in subsection (2) of this section. To be authorized, this potential adding of 30 days must be stated in the City’s written notice requesting additional information.

(c) For the purpose of this chapter, responsive information means the applicant making demonstrable progress on responding to all items identified in the City’s written notice, unless the Director agrees to a phased response, in which case the computing of review time shall continue to pause until all items stipulated in the notice receive responsive information. A lack of responsiveness may include failure by the applicant to conduct ongoing communications on the applicant’s ability or willingness to provide additional information.

(d) The computing of the review time shall start over if the applicant proposes a change to the original proposal disclosed in the permit application that would cause the permit application to fail to meet the determination of procedural completeness set forth in WMC 21.80.100.

(2) Project Permit Timelines. Subject to the computing of time set forth in subsection (1) of this section, the review time frame for processing and issuing a final decision on a project permit application shall be as follows:

(a) Type 1 Project Permit Applications. The final decision as prescribed in WMC 21.80.190(2) must be issued within 65 days of the date of the determination of completeness set forth in WMC 21.80.100; or

(b) Type 2 Project Permit Applications. The final decision as prescribed in WMC 21.80.190(2) must be issued within 100 days of the date of the determination of completeness set forth in WMC 21.80.100; or

(c) Type 3 Project Permit Applications. The final decision as prescribed in WMC 21.80.190(2) must be issued within 170 days of the date of the determination of completeness set forth in WMC 21.80.100.

(3) Construction Permit Timelines. Subject to the computing of time set forth in subsection (1) of this section, the following apply:

(a) The review time frame for processing and issuing a final decision on all construction permit applications shall not exceed 120 days from the date of the determination of completeness set forth in WMC 21.80.100; and

(b) The date City staff notifies the applicant in writing about the decision on the construction permit application, and not the date the permit is obtained by the applicant, shall be the effective date of a final decision on the construction permit pursuant to WMC 21.80.190(2).

(4) Failure to comply with the required time frames specified by this chapter shall not create a liability for damages. (Ord. 782 § 34, 2025)

If the applicant makes major modifications to the original proposal disclosed in a permit application previously deemed procedurally complete and for which substantial review of the application has been completed, and any new substantially modified elements were not disclosed in the original application, the Director may determine that such modifications render the original application procedurally incomplete. (The definition of “substantial modification” in WMC 21.11A.200 does not apply to this section.) (Ord. 782 § 35, 2025)

(1) Unless specified otherwise by law, once a permit decision to approve becomes final pursuant to WMC 21.80.190, the approval shall be active and valid for the time periods prescribed in Table 21.80.220 and the provisions in this section.

(2) The start date for computing the time limitations prescribed in Table 21.80.220 shall be as follows:

(a) For project permits, the day after the date a project permit decision becomes final; and

(b) For construction permits, the date an approved construction permit is issued to the applicant.

(3) Project permits are required to have construction permits issued, or have final approval for subdivisions, short subdivisions or binding site plans prior to the end of the time limitation set forth in Table 21.80.220 expiring.

(4) Project permits shall automatically extend upon the issuance of construction permits authorizing substantial construction of the project and shall remain active and valid for the duration construction permits associated with the project remain active and valid.

(5) A site development permit shall remain active and valid from the date of issuance as follows:

(a) With the exception of subsection (5)(b) of this section, the site development permit shall be active and valid for a maximum of one year (12 months), except the Director may grant, in writing, one extension of time, not to exceed 12 months provided the work authorized by the permit has not been suspended or abandoned;

(b) A site development permit shall automatically extend upon the issuance of a building permit authorizing substantial construction associated with the project and shall remain active and valid for the duration of the associated building permit;

(c) If work and inspections are substantially done but are incomplete at the time the site development permit expires, the applicant may renew action on the expired site development permit by obtaining a new permit and paying a new permit fee based on the fee schedule in effect with the issuance of the new permit. (Ord. 789 § 4, 2025; Ord. 782 § 36, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) Any time City staff notify an applicant in writing that additional information and/or corrections are required for a permit application determined complete pursuant to WMC 21.80.100, the following apply:

(a) The applicant shall have 90 days from the date of the written notice to submit the necessary responsive information; and

(b) The Director may grant one or more extensions of time to subsection (1)(a) of this section, not to exceed 90 days for each extension, if the applicant requests the extension in writing and can show demonstrable progress in providing responsive information;

(c) If the time in subsection (1)(a) of this section and any approved extensions expire, the permit application shall be deemed to be void and withdrawn due to inactivity.

(2) Any time City staff notify an applicant in writing that their construction permit is approved and ready for issuance, the following apply:

(a) The applicant shall have 90 days from the date of the written notice to obtain the approved construction permit; and

(b) The Director may grant one extension of time to subsection (2)(a) of this section, not to exceed 90 days, for what the Director determines are justifiable reasons;

(c) The time to allow the filing of an administrative appeal and the time to resolve an administrative appeal shall be excluded from the computing of the 90 days in subsection (2)(a) of this section; and

(d) If the time in subsection (2)(a) of this section and any approved extension expire, the construction permit application shall be deemed to be void and withdrawn due to inactivity. (Ord. 782 § 37, 2025)

(1) This chapter applies to all permit decisions set forth in Chapter 21.80 WMC or permits and approvals that reference this chapter, unless specified otherwise by law.

(2) This chapter does not apply to the following:

(a) Appeal of decisions pertaining to the Woodinville Shoreline Master Program, which are to the Shoreline Hearings Board pursuant to RCW 90.58.180;

(b) Final short subdivision and final subdivision decisions;

(3) There is no administrative appeal of a SEPA threshold determination associated with a City Council legislative action. (Ord. 782 § 38, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) Type 1 and Type 2 decisions may be administratively appealed to the Hearing Examiner, subject to the following:

(a) Administrative appeals must be filed within 14 days following issuance of a notice of decision set forth in WMC 21.80.200. If a determination of nonsignificance (SEPA) with a comment period is issued concurrently with the decision, the appeal period shall be extended an additional seven days.

(b) Only parties with standing may initiate an appeal. Standing shall constitute the following:

(i) For a Type 1 decision, only the applicant, property owner, and the City shall have standing;

(ii) For a Type 2 decision, the applicant, the City, and any person who becomes a party of record as defined in WMC 21.11A.170 shall have standing.

(c) The person filing the appeal (appellant) has the burden of proof that the decision is not supported by a preponderance of evidence, except SEPA threshold determinations, which the appellant has the burden of proving that the decision is clearly erroneous. The Hearing Examiner shall accord substantial weight to the decision of the applicable Department Director.

(d) Administrative appeals must be submitted to the City along with payment of the appeal fee by 4:00 p.m. on the last business day of the appeal period specified in the notice. Submission of an appeal shall be in writing and include the following information:

(i) Appellant’s name, address and phone number;

(ii) Identification of the application which is the subject of the appeal;

(iii) Statement of the specific objections with the decision or findings;

(iv) Statement of the grounds for appeal and the facts upon which the appeal is based;

(v) A statement of the relief sought, including the specific nature and extent; and

(vi) A statement attesting to the truthfulness of the information being provided with the appellant’s signature.

(e) Administrative appeals shall follow the procedures set forth in WMC 21.81.030.

(f) The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn. Failure to file a timely and complete appeal shall constitute waiver of all rights to an administrative appeal under the Woodinville Municipal Code.

(2) Type 3 decisions may be appealed to King County superior court by filing a land use petition within 21 days pursuant to Chapter 36.70C RCW. (Ord. 737 § 26, 2022; Ord. 706 § 47 (Att. A), 2020)

(1) Upon receipt of a complete filing for an administrative appeal and payment of a fee, City staff shall transmit a copy of the appeal to the Hearing Examiner.

(a) An appeal involving an open-record appeal hearing shall be decided within 90 days from the date a complete appeal was filed with the City, subject to extension by the Hearing Examiner in exigent circumstances.

(b) An appeal involving a closed-record appeal hearing shall be decided within 60 days from the date a complete appeal was filed with the City.

(2) If there are multiple administrative appeals filed on the same action, they shall be consolidated and combined into one hearing.

(3) If an appeal of a SEPA threshold determination is filed, and action on the permit involves a predecision hearing, the appeal hearing for the SEPA and the predecision hearing for the permit shall be consolidated.

(4) The Hearing Examiner may summarily dismiss an appeal in whole or in part without a hearing, if the Hearing Examiner determines that the appeal is untimely, incomplete, without merit on its face, frivolous, beyond the scope of the Hearing Examiner’s jurisdiction, or brought merely to secure a delay. Summary dismissal orders shall be issued within 14 days of receipt by the Hearing Examiner of the appeal or a request for dismissal, whichever is later.

(5) The City shall provide written notice of the appeal hearing at least 14 days prior to the date of the hearing. The notice may be combined with other notices pursuant to WMC 21.80.150.

(6) Written notice of the appeal shall be sent by first class postage to the following:

(a) The appellant and the appellant’s representative, if any;

(b) The applicant and the applicant’s representative, if any; and

(c) All parties of record.

As an alternative, appeal notice may be sent by email or other forms of communications, if the party receiving the notice agrees, or has only provided email or other forms of contact information.

(7) The rules for the conduct of the hearing shall be pursuant to Chapter 2.27 WMC.

(8) A final decision on the appeal shall be issued within 10 business days after the conclusion of the hearing, unless the appellant agrees to an extended time period.

(9) The Hearing Examiner may affirm, may reverse in whole or in part, or may modify the permit or decision being appealed, or may remand the matter back to City staff with directions for further processing.

(10) The appeal decision shall include findings based upon the record and conclusions which support the decision.

(11) If the application is remanded back to City staff for further processing, the Hearing Examiner’s decision shall not be considered a final decision, except for purposes of application time limitations. If a new decision is issued by the City that materially differs from the original decision, a new appeal period shall commence consistent with the provisions of this chapter.

(12) Notice of the Hearing Examiner’s decision, which may be the decision itself, shall be provided to all parties to the appeal. (Ord. 782 § 39, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a building permit.

(2) Applicability. A building permit is required for all projects requiring permits under Chapter 21.62 WMC.

(3) Procedures. A building permit application is processed as a Type 1 decision, unless a SEPA threshold determination is required in which case the application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The codes and standards referenced in Chapter 21.62 WMC, and other applicable ordinances and regulations as they currently exist or are hereafter amended, set forth the criteria for approving building permits.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a construction mitigation plan.

(2) Purpose. The purpose of the construction mitigation plan is to reduce impacts from construction projects to public streets and nearby properties while applying a standardized mitigation policy so as to not unreasonably interfere with the applicant’s development rights.

(3) Applicability. A construction mitigation plan is required for construction projects requiring a site development permit.

(4) Procedures. A construction mitigation plan application is processed as a Type 1 decision consistent with WMC 21.80.050. A construction mitigation plan may be processed as part of a site development permit or may be processed as a standalone decision.

(5) Additional Submittal Requirements. A site plan drawing setting forth construction mitigation measures demonstrating compliance with the decision criteria in subsection (6) of this section shall be provided.

(6) Decision Criteria. The decision authority may approve a construction mitigation plan if the following conditions are satisfied:

(a) A construction mitigation plan manager is designated as the person responsible for enforcing the construction mitigation plan;

(b) Construction work hours conform to Chapter 8.08 WMC;

(c) A construction parking plan is provided that does not negatively impact public streets and nearby properties;

(d) Measures are implemented to maintain the site in a neat and orderly manner, free from junk, trash, or unnecessary debris;

(e) Vehicle staging, loading and unloading areas are designated for the project;

(f) Best management practices are provided to control drainage runoff, erosion, noise, and dust;

(g) Access roads to the site are maintained and located to minimize problems with dust, mud and traffic circulation;

(h) Tree protection measures prescribed in Chapter 21.50 WMC are identified in the construction mitigation plan and installed prior to the start of construction activity;

(i) Haul routes inside the City limits for large trucks are identified and acceptable to the City;

(j) Fencing or flags, as approved by the Director, are provided to mark clearing limits and to protect critical areas and identify hazard areas on the site;

(k) Other measures determined necessary by the Director.

(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. The conditions of approval may be modified at any time after a construction mitigation plan is approved if additional construction impacts are identified or construction-related circumstances change. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a critical area determination and/or critical area alteration.

(2) Applicability. A critical area determination and/or critical area alteration is required for any permit application or other request to alter property where critical areas and/or their buffers are suspected of or have been identified inside or outside the shoreline jurisdiction, and the proposal is not exempt from the applicable critical area regulations.

(3) Procedures. A critical area determination and a critical area alteration are processed individually or combined as a Type 1 decision consistent with WMC 21.80.050.

(a) Critical Area Determination. A critical area determination is the process of verifying and identifying the presence of critical areas and/or critical area buffers on a site. The following procedures outline the critical area determination process:

(i) Site investigation to determine whether a critical area exists on or near the site and confirm its nature and type;

(ii) Determine if a critical area report and other environmental reports are required;

(iii) Evaluate the critical area report and other environmental reports for compliance with City requirements and best practices.

(b) Critical Area Alteration. A critical area alteration is when a critical area determination finds the existence of a critical area and/or critical area buffer, and an allowed alteration to that critical area and/or critical area buffer is proposed.

(4) Criteria for Approval. The decision authority may approve a critical area determination and/or a critical area alteration if the following are satisfied:

(a) For a critical area determination, if the report is consistent with all applicable critical area regulations, as adopted in the Woodinville Municipal Code; and

(b) For a critical area alteration, if:

(i) The alteration meets the codes and standards applicable to the critical area;

(ii) The requirements for mitigation sequencing are followed; and

(iii) Any impacts to the critical area are sufficiently mitigated to address the impacts.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(6) Revisions. Amendments to an approved critical area determination and/or a critical area alteration is processed as a Type 1 decision. (Ord. 782 § 40, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a design review.

(2) Applicability. Except where design review Type 2 is required pursuant to WMC 21.83.020, a design review Type 1 is required for the following:

(a) All new construction and any alterations that affect the exterior appearance to a building within the Central Business District, Office, Tourist Business, General Business and Neighborhood Business zones, which shall be subject to the design standards set forth in Chapter 21.33 WMC;

(b) All new construction and any alterations that affect the exterior appearance to a building within the Industrial and Tourist Industrial zones, which shall be subject to the design standards adopted in Chapter 21.34 WMC;

(c) All new construction and any alterations that affect the exterior appearance of a building within the Residential R-1 through R-48 zones, which shall be subject to the design standards set forth in Chapter 21.35 WMC as applicable.

(3) Procedures. A design review Type 1 application is processed as a Type 1 decision consistent with WMC 21.80.050. A design review Type 1 process may be incorporated and acted on as part of another project permit decision or may be acted on as a standalone decision.

(4) Decision Criteria. The decision authority may approve a design review Type 1 application if the proposal is consistent with all applicable design standards, as adopted in the Woodinville Municipal Code.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(6) Revisions. Amendments to an approved design review Type 1 decision shall be processed as a Type 1 decision unless the amendment qualifies the design review for a Type 2 decision in which case the amendment shall be processed pursuant to WMC 21.83.020. (Ord. 737 § 27, 2022; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a flood improvement permit.

(2) Applicability. A flood improvement permit is required for improvements in floodplain management areas located within the City’s jurisdiction prescribed in Chapter 21.53 WMC. A flood improvement permit may be applied in lieu of a critical area alteration as it specifically applies to flood hazards.

(3) Procedures. A flood improvement permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.070, an application for a flood improvement permit shall include the following:

(a) The nature of the proposed action;

(b) A statement as to the proposed use of any structure;

(c) A statement as to whether the proposed action is temporary or permanent;

(d) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the Floodplain Administrator;

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

(f) Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria;

(g) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development;

(h) Where a structure is proposed in a V, V1-30, or VE zone, a V-zone design certificate;

(i) Where development is proposed in a floodway, an engineering analysis indication no rise of the base flood elevation; and

(j) Any other such information that may be reasonably required by the Floodplain Administrator in order to review the application.

(5) Decision Criteria. The decision authority may approve a flood improvement permit only if:

(a) All the necessary permits have been obtained from those Federal, State and/or local governmental agencies from which prior approval is required; and

(b) The requirements applicable to special flood hazard areas in Chapter 21.53 WMC and applicable critical area regulations in Chapter 21.51 WMC are satisfied.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety including but not limited to the effects upon storage and conveyance of flood waters. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a home business permit.

(2) Applicability. Any business-related activities occupying a residence as prescribed by the following:

(a) Home business level 1, which involves small-scale business activities located entirely inside a residential dwelling and meeting the requirements set forth in WMC 21.41.030;

(b) Home business level 2, which involves small-scale business activities located entirely inside a residential dwelling or residential accessory building(s) and meeting the requirements set forth in WMC 21.43.020.

(3) Procedures. All home business permits are processed as Type 1 decisions consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a home business permit if the proposal satisfies the requirements in WMC 21.41.030 for a home business level 1, or in WMC 21.43.020 for a home business level 2.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 737 § 28, 2022; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a private wayfinding signage plan.

(2) Applicability. A private wayfinding signage plan may be requested pursuant to WMC 21.44.100.

(3) Procedures. A private wayfinding signage plan application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a private wayfinding signage plan if the proposal satisfies the requirements in WMC 21.44.100.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 766 § 13, 2024)

(1) Applicant. Any owner may apply for a right-of-way permit.

(2) Applicability.

(a) A right-of-way permit is required for all uses and activities occurring within City rights-of-way including State Route 202, where the use or activity is not authorized by other permits or agreements; and

(b) A right-of-way permit is not required for work performed by employees of the City, or by any contractor of the City performing work for and on behalf of the City.

(3) Procedures. A right-of-way permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The codes and standards referenced in WMC Title 12 (Streets, Sidewalks and Public Places), and other applicable ordinances and regulations as they currently exist or are hereafter amended set forth the criteria for approving right-of-way permits.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for an exemption from a substantial development permit.

(2) Applicability. A shoreline substantial development permit exemption applies to activities defined as development pursuant to RCW 90.58.030(3)(a), which are located within the shoreline jurisdiction as defined by the Shoreline Management Act. It implements the provisions set forth in WAC 173-27-040, 173-27-044 and 173-27-045 as they currently exist or are hereafter amended.

(3) Procedures. An application for a substantial development permit exemption is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Limitations.

(a) Exemptions are to be construed narrowly and only development that meets the precise terms of one or more of the listed exemptions in the Washington Administrative Code may be granted an exemption;

(b) If any part of a proposed development does not qualify for a listed exemption, then an exemption shall not be granted; and

(c) The burden of proof that a development or use is exempt from the permit process is on the applicant.

(5) Decision Criteria. The decision authority may approve an exemption from a substantial development permit if:

(a) The development for which the exemption is sought satisfies one or more of the conditions set forth in WAC 173-27-040(2), 173-27-044 or 173-27-045; and

(b) The development complies with and is consistent with the Woodinville Shoreline Master Program (Chapters 21.70 through 21.77 WMC), Chapter 173-27 WAC (Shoreline Management Permit and Enforcement Procedures), and Chapter 90.58 RCW (Shoreline Management Act).

(6) Conditions of Approval. The decision authority may attach conditions as necessary to prevent undesirable effects on the shoreline area and carry out the spirit and purpose of the regulations set forth in the Woodinville Shoreline Master Program and the Shoreline Management Act. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a sign permit.

(2) Applicability. A sign permit is required for all signs as set forth in WMC 21.44.040 unless exempt pursuant to WMC 21.44.040(5).

(3) Procedures. A sign permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a sign permit if the proposal satisfies the requirements set forth in Chapter 21.44 WMC and any applicable building codes and standards referenced in Chapter 21.62 WMC.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 766 § 14, 2024; Ord. 737 § 30, 2022; Ord. 720 § 26, 2021; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a site development permit.

(2) Applicability. A site development permit is required for all land disturbing activities excluding the following:

(a) Any excavation, fill or grading activity outside of a critical area or critical area buffer and satisfying the following:

(i) Less than 25 cubic yards of earth movement in the R-1 through R-8 zones, or less than 50 cubic yards of earth movement in all other zones; and

(ii) Less than 2,000 square feet of new and/or replaced impervious surface area; and

(iii) Less than 7,000 square feet of total area having land disturbance during any 12-consecutive-month period;

(b) Refuse disposal sites controlled by other regulations;

(c) All excavations for trenches for utilities requiring a right-of-way permit;

(d) Excavation for foundations, basements and footings authorized by a building permit, except materials retained on site from such excavation shall count towards the quantities prescribed in WMC subsection (2)(a) of this section;

(e) Importing and placing topsoil up to a depth of six inches above the existing grade, regardless of quantity, on properties with detached single-family residences;

(f) All pavement maintenance practices involving potholes and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road/driveway prism, pavement preservation activities that do not expand the road/driveway prism; provided, that the work does not:

(i) Remove and replace a paved surface to base course or lower, or involve repairing the pavement base;

(ii) Resurface by upgrading from dirt to a harder surface material including gravel;

(g) Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties;

(h) Exploratory excavations performed under the direction of a registered engineering professional;

(i) Cemetery graves;

(j) A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support any structures, which does not exceed 25 cubic yards on any one lot and does not obstruct a drainage course;

(k) Normal routine maintenance activities by a public agency involving culverts, gravel shoulders, ditches, pavement, surface water management facilities, parks, trails and utilities.

(3) Procedures. A site development permit application is processed as a Type 1 decision, unless a SEPA threshold determination is required in which case the application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Expiration. A site development permit expires as follows:

(a) A site development permit shall expire 12 months from the date of issuance, except the Director may grant one 12-month time extension provided the conditions which were relevant to issuing the site development permit have not changed substantially; or

(b) If a building permit allied with the site development permit is issued, the site development permit shall remain active for the duration the building permit is active.

(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.070, an application for a site development permit includes the following:

(a) Grading worksheet;

(b) Narrative describing the project activity;

(c) Site and construction plan showing the following:

(i) A scale map of the project area;

(ii) Two-foot existing and finished contours extended a minimum 50 feet beyond the property lines;

(iii) Clearing and land disturbance limits;

(iv) Property lines, easements and right-of-way locations;

(v) Critical areas and critical area buffers on the property and off site within 200 feet of the clearing and land disturbance limits;

(vi) Location of existing and proposed structures, impervious surfaces, septic drain fields, roads, wells, and utilities on the property and within 50 feet of the property or which may be affected by the land disturbing activities;

(vii) Additional information required by the Director;

(d) Engineered plans and specifications prepared and signed by a licensed civil engineer, or engineering geologist and geotechnical engineer when required by the Director or as prescribed in the adopted stormwater manual set forth in Chapter 13.05 WMC;

(e) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as part of the proposed work;

(f) A soils report prepared by a licensed geotechnical engineer or engineering geologist that includes site history; geologic structures; surface conditions; subsurface conditions; recommendations for foundation support, site preparation, structural fill, slope stability and mitigation; design parameters for retaining structures and structure backfill, surface and subsurface drainage, dewatering, excavation conditions and hazards; seismic conditions, erosion and sedimentation hazards and controls; use of on-site materials for structural fill and backfill; and pavement design;

(g) The geotechnical engineer shall be retained as the engineer-of-record or the engineering geologist as geologist-of-record for the duration of the project, unless the Director authorizes otherwise;

(h) A drainage report and technical information that meets the requirements of the adopted surface water manual set forth in Chapter 13.05 WMC;

(i) Other information as may be required by the Director.

(6) Decision Criteria. The codes and standards referenced in Chapters 12.12, 13.05, 15.05 and 21.62 WMC and other applicable ordinances and regulations as they currently exist or are hereafter amended set forth the criteria for approving site development permits.

(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a site plan review.

(2) Purpose. Site plan review assesses development plans to identify compliance with applicable development regulations including but not limited to zoning, critical area and engineering standards. Unless combined with a building or site development permit, site plan review Type 1 does not constitute approval to develop a site.

(3) Applicability.

(a) Except where site plan review Type 2 is required pursuant to WMC 21.83.040, site plan review Type 1 is required for all new development, expansion of existing structures, or other exterior site improvements that modify the physical conditions of a site; and

(b) Projects not requiring construction permits do not require site plan review.

(4) Procedures. A site plan review Type 1 application is processed as a Type 1 decision consistent with WMC 21.80.050. A site plan review Type 1 process should typically be incorporated and acted on as part of another project permit decision but may be acted on as a standalone decision.

(5) Decision Criteria. The decision authority may approve a site plan review Type 1 if the development complies with all applicable development regulations, as adopted in the Woodinville Municipal Code.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(7) Revisions. Amendments to an approved site plan review Type 1 decision shall be processed as a Type 1 decision unless the amendment qualifies the site plan review for a Type 2 decision in which case the amendment shall be processed pursuant to WMC 21.83.040. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a temporary use permit.

(2) Applicability. A temporary use permit is required for those uses authorized as temporary uses pursuant to Chapter 21.23 WMC.

(3) Procedures. A temporary use permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Limitation. Except as provided otherwise by the Woodinville Municipal Code, uses authorized under a temporary use permit shall be limited as follows:

(a) The temporary use permit shall expire 180 days from the date of the first activity or occurrence of the use that is the subject of the temporary use permit;

(b) The temporary use authorized under the temporary use permit cannot exceed a total of 60 days of activity;

(c) Only one temporary use permit may be granted for the same temporary use per calendar year; and

(d) Multiple temporary uses may be authorized under a single temporary use permit subject to the limitations in subsections (4)(a) and (c) of this section applied to the permit, and subsection (4)(b) of this section applied individually to each temporary use.

(5) Decision Criteria. Except for temporary encampments, which are governed by WMC 21.23.100, the decision authority may approve a temporary use permit if:

(a) The temporary use will not be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity;

(b) There is adequate parking on or within nearby proximity to the site;

(c) Except in the case of emergencies, the temporary use will not cause noise, light or glare which adversely impacts surrounding uses; and

(d) The temporary use complies with all codes applicable to development, except as specifically exempted for temporary uses.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 737 § 31, 2022; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any applicant may apply for a transportation infrastructure deviation.

(2) Applicability. A transportation infrastructure deviation may be requested for departures from the standards set forth in the Transportation Infrastructure Standards and Specifications adopted under Chapter 12.09 WMC.

(3) Procedures. A transportation infrastructure deviation is processed as a Type 1 decision consistent with WMC 21.80.050. Review of a deviation is a two-step decision process where conceptual plans are reviewed first for a preliminary determination if the deviation may be permissible, and second, if found to be permissible, engineering and other technical information is provided to support permitting the deviation.

(4) Decision Criteria. The decision authority may approve deviations from Transportation Infrastructure Standards and Specifications, if the modification is:

(a) In the general public interest;

(b) Supported by sound engineering judgment; and

(c) The safety, function, appearance and maintainability of the affected infrastructure are not degraded.

(5) Limits. Nothing in this section obligates the decision authority to approve a transportation infrastructure deviation. Deviations are reviewed de novo and approval is at the discretion of the decision authority. Evidence of other deviations granted under similar circumstances shall not be considered in deciding a transportation infrastructure deviation.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a tree removal permit.

(2) Applicability. A tree removal permit is required for activities associated with removing trees as set forth for public trees in WMC 2.24.140 and private trees in WMC 21.50.050.

(3) Procedures. A tree removal permit application is processed as a Type 1 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a tree removal permit if:

(a) The requirements set forth in Chapter 21.50 WMC are satisfied; or

(b) For public trees, the requirements set forth in Chapter 2.24 WMC are satisfied.

(5) Conditions for Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a public tree exception.

(2) Applicability. A public tree exception may be requested for relief from the standards set forth in Chapter 2.24 WMC for removing and planting of trees within City rights-of-way, City-controlled easements, and City-owned property.

(3) Procedures. A public tree exception application is processed as a Type 1 decision consistent with WMC 21.80.050. The decision authority shall consult with applicable City departments in deciding the public tree exception request.

(4) Decision Criteria. The decision authority may approve a public tree exception if:

(a) The City agrees to accepting the public tree exception;

(b) Strict enforcement of the provisions applicable to public trees would create practical difficulties; and

(c) The public health, general welfare, and safety are protected.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for an administrative conditional use permit.

(2) Applicability. An administrative conditional use permit is required for uses and activities that are:

(a) Listed or referenced as requiring a conditional use permit; and

(b) Involving one or more of the following:

(i) Nonresidential construction of new or conversion of existing space involving fewer than 5,000 square feet of total gross floor area, excluding accessory off-street parking structures; or

(ii) New construction involving fewer than five dwelling units on R-1 through R-8 zoned properties; or

(iii) New construction involving fewer than 10 dwelling units on all other zoned properties.

(3) Procedures. An administrative conditional use permit application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve an administrative conditional use permit if the following criteria are satisfied:

(a) The use complies with the adopted goals and policies set forth in the Comprehensive Plan;

(b) The use is designed in a manner compatible with the character and appearance of existing development nearby the subject property;

(c) The use complies with all applicable zoning and development standards and requirements; and

(d) The use will have no materially detrimental effects on neighboring properties caused by excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a design review.

(2) Applicability.

(a) A design review Type 2 is required for the following that additionally meet one or more of the development thresholds set forth in subsection (2)(b) of this section:

(i) All new construction and any alterations that affect the exterior appearance to a building within the Central Business District, Office, Tourist Business, General Business and Neighborhood Business zones, which shall be subject to the design standards set forth in Chapter 21.33 WMC;

(ii) All new construction and any alterations that affect the exterior appearance to a building within the Industrial and Tourist Industrial zones, which shall be subject to the design standards adopted in Chapter 21.34 WMC;

(iii) All new construction and any alterations that affect the exterior appearance of a building within the Residential R-1 through R-48 zones, which shall be subject to the design standards set forth in Chapter 21.35 WMC as applicable.

(b) Development Thresholds Requiring Design Review Type 2.

(i) Nonresidential construction involving 30,000 square feet or more of new gross floor area, excluding accessory off-street parking structures;

(ii) Multifamily and townhome residential developments involving 15 or more new dwelling units;

(iii) Exterior modifications to existing nonresidential buildings where:

(A) The exteriors of all buildings being modified add up to 20,000 square feet of gross floor area or more, excluding off-street parking structures; and

(B) At least 50 percent of any one building’s facade facing towards streets and public areas is modified during any three-consecutive-year period, excluding painting.

(3) Procedures. A design review Type 2 application is processed as a Type 2 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a design review Type 2 if the proposal is consistent with all applicable design standards, as adopted in the Woodinville Municipal Code.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(6) Revisions. Amendments to an approved design review Type 2 decision shall be processed as Type 1 decisions unless the amendment is a substantial modification in which case the amendment is processed as a Type 2 decision. (Ord. 737 § 32, 2022; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a shoreline substantial development permit.

(2) Purpose. The purpose of a shoreline substantial development permit is to regulate development and uses of water bodies and associated upland areas consistent with the Woodinville Shoreline Master Program.

(3) Applicability. A shoreline substantial development permit is required for activities and uses defined as development pursuant to RCW 90.58.030(3)(a) and located within the shoreline jurisdiction as defined by the Shoreline Management Act, provided the development does not qualify for an exemption under WMC 21.82.090.

(4) Procedures. A shoreline substantial development permit is processed as a Type 2 decision consistent with WMC 21.80.050.

(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.070, an application for a shoreline substantial development permit shall include the following:

(a) A site plan drawing having the following:

(i) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

(ii) Identification of the shoreline water body;

(iii) A general description of the property as it now exists, including physical characteristics and improvements and structures;

(iv) A general description of the vicinity of the proposed project, including identification of adjacent uses, structures and improvements, intensity of development and physical characteristics;

(v) Identification of the ordinary high-water mark:

(A) This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high-water mark, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan;

(B) Where the ordinary high-water mark is neither adjacent to nor within the boundary of the project, the site plan shall indicate the distance and direction to the nearest ordinary high-water mark of a shoreline;

(vi) Existing and proposed land contours with minimum two-foot elevation intervals;

(vii) A general description of the character of vegetation found on the site;

(viii) The dimensions and locations of all existing and proposed structures and improvements;

(b) A landscaping and/or restoration plan, as applicable;

(c) Mitigation measures, as applicable;

(d) Quantity, source and composition of all fill material that is placed on the site whether temporary or permanent;

(e) Quantity, composition and destination of all excavated and/or dredged material; and

(f) Additional submittal information set forth in the Woodinville Shoreline Master Program for the use.

(6) Criteria for Approval. The decision authority may approve a shoreline substantial development permit if the following criteria are satisfied:

(a) The proposed development is consistent with the policy and provisions of the State Shoreline Management Act of 1971 (Chapter 90.58 RCW);

(b) The proposed development is consistent with the State Shoreline Management Permit and Enforcement Procedures (Chapter 173-27 WAC); and

(c) The proposed development is consistent with the provisions of the Woodinville Shoreline Master Program.

(7) Conditions of Approval. The decision authority may attach such conditions as to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Woodinville Shoreline Master Program.

(8) Revisions to Permit. Revisions to a substantial development permit shall be pursuant to WAC 173-27-100. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a site plan review.

(2) Purpose. Site plan review assesses development plans to identify environmental impacts and compliance with applicable development regulations including but not limited to zoning, critical area and engineering standards. Site plan review Type 2 is a preliminary review of larger developments and does not constitute approval to develop a site.

(3) Applicability. Site plan review Type 2 is required for all new development, expansion of existing structures, or other exterior site improvements that will modify the physical conditions of a site involving at least one of the following:

(a) Nonresidential construction of 5,000 square feet or more of new gross floor area;

(b) Residential construction not prescribed in subsection (3)(c) of this section of 10 or more dwelling units;

(c) One-unit and/or two-unit residential construction of 15 or more dwelling units;

(d) Construction of any surface or structured parking facility on vacant land or expanding the surface area of existing parking with 20 or more new parking spaces; or

(e) Any phased development where the total construction during any eight-consecutive-year period after the first construction permit is issued that meets the development thresholds set forth in subsections (3)(a) through (3)(d) of this section.

(4) Procedures. A site plan review Type 2 application is processed as a Type 2 decision consistent with WMC 21.80.050.

(5) Decision Criteria. The decision authority may approve a site plan review Type 2 if the development is consistent with all applicable development regulations, as adopted in the Woodinville Municipal Code.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(7) Revisions. Amendments to an approved site plan review Type 2 decision shall be processed as Type 1 decisions unless the amendment is a substantial modification in which case the amendment is processed as a Type 2 decision. (Ord. 792 § 35, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a nonadministrative conditional use permit.

(2) Applicability. A nonadministrative conditional use permit is required for uses and activities that are:

(a) Listed or referenced as requiring a conditional use permit; and

(b) Involving one or more of the following:

(i) Nonresidential construction of new or conversion of existing space involving 5,000 square feet or more of total gross floor area, excluding accessory off-street parking structures; or

(ii) New construction involving five or more dwelling units on R-1 through R-8 zoned properties; or

(iii) New construction involving 10 or more dwelling units on all other zoned properties.

(3) Procedures. A nonadministrative conditional use permit application is processed as a Type 3 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a nonadministrative conditional use permit if the following criteria are satisfied:

(a) The use complies with the adopted goals and policies set forth in the Comprehensive Plan;

(b) The use is designed in a manner compatible with the character and appearance of existing development nearby the subject property;

(c) The use complies with all applicable zoning and development standards and requirements; and

(d) The use will have no materially detrimental effects on neighboring properties caused by excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a flood variance.

(2) Procedures. A flood variance is processed as a Type 3 decision consistent with WMC 21.80.050.

(3) Applicability. A flood variance may be requested for relief from floodplain management regulation prescribed in Chapter 21.53 WMC.

(4) Limitations.

(a) A flood variance may be granted only where physical characteristics are so unusual that compliance with the floodplain management regulations would create an exceptional hardship to the property owner or the surrounding property owners.

(b) The characteristics must be unique to the property and not shared by adjacent parcels and must pertain to the land itself and not the structure, its inhabitants, or the property owners.

(c) Evidence of other flood variances granted under similar circumstances shall not be considered in the granting of a flood variance.

(5) Requirements for a Flood Variance. A flood variance may only be issued if:

(a) Granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other applicable laws and ordinances;

(b) For repair, rehabilitation, or restoration of historic structures, the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

(c) The variance is the minimum necessary, considering the flood hazard, to afford relief;

(d) The applicant demonstrates a good and sufficient cause for granting the variance;

(e) Failure to grant the variance would result in exceptional hardship to the property owner;

(f) The applicant demonstrates that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water and is a functionally dependent use;

(g) The variance is not issued within any floodway if any increase in flood levels during the base flood discharge would result; and

(h) New construction and substantial improvements to be erected should be on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, except as the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(6) Criteria for Approval. The decision authority shall consider all technical evaluations, all relevant factors, all applicable standards set forth in the floodplain management regulations and the following in deciding a flood variance application:

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger to life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity to the facility of a waterfront location, where applicable;

(f) The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the City;

(i) The safety of access to the property in time of flood for ordinary and emergency vehicles;

(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges.

(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(8) Noticing. Any property owner to whom a flood variance is granted shall be given written notice over the signature of the Director that:

(a) The issuance of a flood variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance as high as $25.00 for $100.00 of insurance coverage; and

(b) Such construction below the base flood elevation increases risks to life and property. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a reasonable use permit; any public agency or public utility may apply for a public entity critical area exception.

(2) Applicability. This section applies in the following manner, excluding areas located within shoreline jurisdiction:

(a) For property owners, application of Chapter 21.51 WMC would deny all reasonable use of the subject property; or

(b) For public agencies or public utilities, application of Chapter 21.51 WMC would prohibit a development proposal.

(3) Procedures. Reasonable use permits and public entity critical area exceptions are processed as a Type 3 decision consistent with WMC 21.80.050.

(4) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.080, an application for a reasonable use permit or public entity critical area exception shall include the following:

(a) Critical area report that is consistent with the requirements set forth in Chapter 21.51 WMC;

(b) Mitigation plan consistent with the requirements in Chapter 21.51 WMC, if necessary;

(c) Applications/approvals from other agencies, as applicable;

(d) Special studies prepared to support the decision; and

(e) SEPA documents.

(5) Criteria for Approval. The decision authority may approve a reasonable use permit or a public entity critical area exception if:

(a) For a reasonable use permit, the following criteria are satisfied:

(i) The application of the critical area regulation would deny all reasonable use of the property;

(ii) The proposed development does not pose an unreasonable threat to the public health, safety, or welfare, nor does it damage nearby public or private property;

(iii) Any alteration of the critical area and/or buffer is the minimum necessary to allow for reasonable use of the property;

(iv) Any impacts permitted to the critical area and/or buffers are mitigated in accordance with Chapter 21.51 WMC to the greatest extent feasible;

(v) The proposed development protects the critical area and/or buffer functions and values consistent with best available science; and

(vi) The proposed development is consistent with other applicable regulations and requirements.

(b) For a public entity critical area exception, the following criteria are satisfied:

(i) There is no other practical alternative to the proposed development with less impact on the critical area;

(ii) The application of this chapter would unreasonably restrict the agency’s or utility’s ability to provide services to the public;

(iii) Any impacts permitted to the critical area are mitigated in accordance with Chapter 21.51 WMC to the greatest extent possible;

(iv) The proposed development protects and/or enhances critical areas and buffer functions and values consistent with best available science; and

(v) The proposed development is consistent with other applicable regulations and requirements.

(6) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 784 § 15, 2025; Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a shoreline conditional use permit.

(2) Purpose. The purpose of a shoreline conditional use permit is to provide a system within the Woodinville Shoreline Master Program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020.

(3) Applicability. The following may be permitted if a shoreline conditional use permit is approved:

(a) Uses listed as a conditional use in the Woodinville Shoreline Master Program; or

(b) Uses which are not classified or specifically prohibited in the Woodinville Shoreline Master program provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the Woodinville Shoreline Master Program.

(4) Procedures.

(a) Shoreline conditional use permits are processed as a Type 3 decision consistent with WMC 21.80.050; and

(b) Shoreline conditional use permits approved by the decision authority are transmitted by City staff to the Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval with conditions, or denial.

(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.080, an application for a shoreline conditional use permit shall include the following:

(a) The site plan shall include:

(i) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

(ii) Identification of the shoreline water body;

(iii) A general description of the property as it now exists, including physical characteristics and improvements and structures;

(iv) A general description of the vicinity of the proposed project, including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics;

(v) Identification of the ordinary high-water mark:

(A) This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high-water mark, the mark shall be located precisely and the biological and hydrological basis for the mark’s location as indicated on the plans shall be included in the development plan;

(B) Where the ordinary high-water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high-water mark of a shoreline;

(vi) Existing and proposed land contours with minimum two-foot elevation intervals;

(vii) A general description of the character of vegetation found on the site;

(viii) The dimensions and locations of all existing and proposed structures and improvements;

(b) A landscaping and/or restoration plan, as applicable;

(c) Mitigation measures, as applicable;

(d) Quantity, source and composition of all fill material that is placed on the site, whether temporary or permanent;

(e) Quantity, composition and destination of all excavated and/or dredged material; and

(f) Additional submittal information set forth in the Woodinville Shoreline Master Program for the use.

(6) Criteria for Approval. The decision authority may approve a shoreline conditional use permit if the following criteria are satisfied:

(a) That the proposed use is consistent with the policies set forth in RCW 90.58.020 and the Woodinville Shoreline Master Program;

(b) That the proposed use will not interfere with the normal public use of public shorelines;

(c) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and Woodinville Shoreline Master Program;

(d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and

(e) That the public interest suffers no substantial detrimental effect.

In the granting of a shoreline conditional use permit, consideration shall be given to the cumulative impact of additional requests for like actions in the area.

(7) Conditions of Approval. The decision authority and the Washington State Department of Ecology may attach reasonable conditions as necessary to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Woodinville Shoreline Master Program.

(8) Revisions to Permit. Revisions to a shoreline conditional use permit are pursuant to WAC 173-27-100. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a shoreline variance.

(2) Purpose. The purpose for a shoreline variance is to provide a mechanism strictly limited to granting relief where there are extraordinary circumstances relating to the physical character or configuration of property.

(3) Applicability. Shoreline variances may be granted for relief from specific bulk dimensional or performance standards set forth in the Woodinville Shoreline Master Program where the requirement of such will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020 and the Woodinville Shoreline Master Program.

(4) Procedures.

(a) Shoreline variances are processed as a Type 3 decision consistent with WMC 21.80.050; and

(b) Shoreline variances approved by the decision authority are transmitted by City staff to the Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval with conditions, or denial.

(5) Additional Submittal Requirements. In addition to the requirements set forth in WMC 21.80.080, an application for a shoreline variance shall include the following:

(a) The site plan shall include:

(i) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

(ii) Identification of the shoreline water body;

(iii) A general description of the property as it now exists, including physical characteristics and improvements and structures;

(iv) A general description of the vicinity of the proposed project, including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics;

(v) Identification of the ordinary high-water mark:

(A) This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high-water mark, the mark shall be located precisely and the biological and hydrological basis for the mark’s location as indicated on the plans shall be included in the development plan;

(B) Where the ordinary high-water mark is neither adjacent to nor within the boundary of the project, the site plan shall indicate the distance and direction to the nearest ordinary high-water mark of a shoreline;

(vi) Existing and proposed land contours with minimum two-foot elevation intervals;

(vii) A general description of the character of vegetation found on the site;

(viii) The dimensions and locations of all existing and proposed structures and improvements;

(b) A landscaping and/or restoration plan, as applicable;

(c) Mitigation measures, as applicable;

(d) Quantity, source and composition of all fill material that is placed on the site, whether temporary or permanent;

(e) Quantity, composition and destination of all excavated or dredged material; and

(f) A site plan that clearly indicates where development may occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses.

(6) Criteria for Approval. The decision authority may approve a shoreline variance if the following criteria are satisfied:

(a) Where the variance is for development landward of the ordinary high water mark the following approval criteria shall apply:

(i) That the strict application of the bulk, dimensional or performance standards set forth in the Woodinville Shoreline Master Program precludes, or significantly interferes with, reasonable use of the property;

(ii) That the hardship described in subsection (6)(a)(i) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;

(iii) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and Woodinville Shoreline Master Program and will not cause adverse impacts to the shoreline environment;

(iv) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

(v) That the variance requested is the minimum necessary to afford relief; and

(vi) That the public interest will suffer no substantial detrimental effect.

(b) Where the variance is for development waterward of the ordinary high-water mark the following approval criteria shall apply:

(i) That the strict application of the bulk, dimensional or performance standards set forth in the Woodinville Shoreline Master Program precludes all reasonable use of the property;

(ii) That the hardship described in subsection (6)(b)(i) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;

(iii) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and Woodinville Shoreline Master Program and will not cause adverse impacts to the shoreline environment;

(iv) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

(v) That the variance requested is the minimum necessary to afford relief;

(vi) That the public interest will suffer no substantial detrimental effect; and

(vii) That the public rights of navigation and use of the shorelines will not be adversely affected.

(c) In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area.

(7) Conditions of Approval. The decision authority may attach reasonable conditions as necessary to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Woodinville Shoreline Master Program.

(8) Revisions to Permit. Revisions to a shoreline conditional use permit shall be consistent with WAC 173-27-100. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a site-specific rezone.

(2) Purpose. A site-specific rezone is a mechanism for site-specific reclassification of property or properties from one zoning district to another zoning district. The new zone must be consistent with the Comprehensive Plan and approval of such requests results in a change to the official Woodinville zoning map.

(3) Applicability. A site-specific rezone is an amendment of the official Woodinville zoning map that is site-specific in nature and does not involve area-wide zoning map amendments as prescribed in Chapter 21.87 WMC.

(4) Procedures. Site-specific rezone applications are processed as Type 3 decisions consistent with WMC 21.80.050 and the following:

(a) The Hearing Examiner holds an open-record public hearing and makes a written recommendation consistent with WMC 21.80.190(3) to the City Council;

(b) The Hearing Examiner’s written recommendation is issued within the timeline set forth in WMC 21.80.190(1)(c);

(c) The City Council considers the Hearing Examiner’s written recommendation at a public meeting within 30 days after the Hearing Examiner issues a written recommendation;

(d) The City Council decides the site-specific rezone application at a closed-record meeting.

(5) Limitations. If a Comprehensive Plan amendment is required to satisfy subsection (6)(a) of this section, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone.

(6) Approval Criteria. The City Council may approve a site-specific rezone if the following criteria are satisfied:

(a) The rezone is consistent with the Comprehensive Plan, or will be consistent with the Comprehensive Plan if a Comprehensive Plan amendment is proposed to be approved concurrently with the rezone approval;

(b) The zone reclassification is consistent and compatible with uses and zoning of the surrounding properties;

(c) The rezone will advance the public health, general welfare and safety and will not have adverse impacts on adjacent properties;

(d) The rezone is necessary because either:

(i) Conditions in the immediate vicinity or neighborhood have changed that it is in the public interest to approve the rezone; or

(ii) The rezone will correct a zone classification or zone boundary that was incorrect when established; or

(iii) There is a demonstrated need for additional zoning as the type proposed; and

(e) The rezone is in the public interest. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a special use permit.

(2) Applicability. A special use permit is required for uses and activities listed or referenced as requiring a special use permit or meeting the definition of an essential public facility.

(3) Procedures. A special use permit application is processed as a Type 3 decision consistent with WMC 21.80.050.

(4) Decision Criteria. The decision authority may approve a special use permit if the following criteria are satisfied:

(a) The use complies with the adopted goals and policies set forth in the Comprehensive Plan;

(b) The use is designed in a manner compatible with the character and appearance of the types of uses permitted in the surrounding areas;

(c) The use complies with all applicable zoning and development standards and requirements;

(d) The use will have no materially detrimental effects on neighboring properties caused by excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties; and

(e) Where applicable, the use meets the requirements for the siting of essential public facilities set forth in the Comprehensive Plan.

(5) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety.

(6) Revisions. Amendments to a special use permit shall be processed as Type 3 decisions consistent with the procedures set forth for special use permits. (Ord. 706 § 47 (Att. A), 2020)

(1) Applicant. Any owner may apply for a variance.

(2) Purpose. The purpose for a variance is to provide property owners relief from certain provisions of this title where conditions justify such relief on a case-by-case basis.

(3) Procedures. A variance application is processed as a Type 3 decision consistent with WMC 21.80.050.

(4) Applicability. Circumstances where relief from a dimensional standard is sought subject to the limitations set forth in subsection (5) of this section.

(5) Limitations.

(a) A variance may be granted where the application of a dimensional standard would result in an unusual or unreasonable hardship due to physical characteristics of the site;

(b) Evidence of other variances granted under similar circumstances shall not be considered in the granting of a variance; and

(c) No variance shall be granted for any of the following:

(i) To alter any definition or interpretation of this title;

(ii) To alter any provision establishing a use within a zoning district; or

(iii) To alter any procedural provisions.

(6) Criteria for Approval. The decision authority may approve a variance if the following criteria are satisfied:

(a) The variance does not constitute a granting of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located; and

(b) The variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

(c) The variance is necessary to relieve a material hardship that cannot be relieved by any other means such that the material hardship must relate to the land itself and not to problems personal to the applicant; and

(d) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

(7) Conditions of Approval. The decision authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. (Ord. 706 § 47 (Att. A), 2020)

The purpose of this chapter is to provide a mechanism to provide certainty in the development review process for large-scale or multiphase developments that may take years to complete and may require substantial financial commitments at an early stage. A development agreement promotes the general welfare by balancing the public and private interests, providing reasonable certainty for a development project, and addressing other matters, including reimbursement over time for the financing of public facilities. (Ord. 706 § 47 (Att. A), 2020)

(1) Pursuant to RCW 36.70B.170 through 36.70B.210, the City Council may approve and enter into a development agreement with any person, partnership, corporation or other entity having ownership or control of real property. The execution of a development agreement is a proper exercise of the City’s police power and contract authority.

(2) Development agreements set forth the development standards and other provisions that apply to and govern and vest a development, use, and mitigation of the development of the real property for the duration specified in the agreement. Development agreements may provide public benefits such as affordable housing, pedestrian-oriented communities, mixed use development and creation of public amenities such as parks and open spaces.

(3) A development agreement shall be consistent with applicable development regulations adopted by the City Council. (Ord. 706 § 47 (Att. A), 2020)

(1) An application for a development agreement must be submitted and applicable fees paid to the City to formally begin the development agreement review process. Applicants are encouraged to engage the City prior to submitting a development agreement application to determine what information is necessary for reviewing the development agreement.

(2) After providing a notice of hearing as set forth in WMC 21.80.120, the Planning Commission shall hold a public hearing on a proposed development agreement prior to the City Council acting on the proposed agreement.

(3) The Planning Commission shall send the proposed development agreement along with any public comments and any suggestions on the proposed terms of the development agreement to the City Council within 60 days of the date the Planning Commission receives the proposed development agreement. The City Manager shall have the discretion to extend this time to 90 days if deemed necessary.

(4) Nothing in this section shall prevent the City from establishing on a case-by-case basis additional procedures for reviewing and deciding a development agreement. (Ord. 780 § 1, 2025; Ord. 706 § 47 (Att. A), 2020)

The City Council may at its sole discretion approve by resolution and enter into a development agreement if the City Council finds the agreement:

(1) Is consistent with the City’s Comprehensive Plan;

(2) Is consistent with development regulations;

(3) Promotes the general welfare by balancing the public and private interests, providing reasonable certainty for a development project, and addressing other matters, including reimbursement over time for the financing of public facilities;

(4) Provides such public benefits as agreed to between the applicant and the City; and

(5) Is in the City’s best interest. (Ord. 706 § 47 (Att. A), 2020)

Development agreements are decided on a case-by-case basis. The City Council’s approval of a development agreement does not create an obligation to apply the same terms or conditions on a development agreement for a different proposal. (Ord. 706 § 47 (Att. A), 2020)

A proposed development agreement shall, at a minimum, include provisions required by RCW 36.70B.170 through 36.70B.210, and shall set forth the development standards and other provisions that shall apply to and govern the use and development of the real property for the duration specified in the agreement, as the agreement may be amended from time to time, the total duration not to exceed 10 years. An agreement may also contain such other provisions as the City and the property owner or person controlling the property may mutually agree on, such as, but not limited to, the financing for or timing of mitigation and the vesting of development rights. Each development agreement shall include findings of consistency for any modification to existing regulations and standards. (Ord. 706 § 47 (Att. A), 2020)

A complete application for a development agreement includes the following:

(1) Name, address, telephone number and e-mail address of the person, partnership, corporation or other entity having ownership or control of real property. If the applicant does not own or control the real property, the applicant must submit a verified statement from the controlling entity that the applicant has the controlling entity’s permission to submit the application;

(2) Address, parcel number and legal description of the property proposed to be subject to the development agreement;

(3) Recent title report confirming that the property identified in the application is owned by the applicant-property owner;

(4) Identification of any application (project permit application, Comprehensive Plan amendment application, development regulation amendment application) that is related to the proposed development agreement;

(5) SEPA checklist;

(6) A completed application form and the application fee established by the City for this purpose; and

(7) If phasing of the development is proposed, identification of the phasing schedule and any phasing of improvements to support the development;

(8) Any other information requested by the Director relevant to the processing of the development agreement. (Ord. 706 § 47 (Att. A), 2020)

The development agreement shall include a provision that requires the applicant to record the agreement with the county auditor of the county in which the subject property is located. (Ord. 706 § 47 (Att. A), 2020)

Amendments to an approved development agreement shall be as prescribed by the development agreement. If a development agreement does not include terms for amendments, then amendments shall follow the procedures set forth in WMC 21.85.030. (Ord. 706 § 47 (Att. A), 2020)

This chapter establishes a mechanism for amending the text of development regulations as this term is defined in RCW 36.70A.030. (Ord. 683 § 3 (Att. A), 2019)

This chapter applies to amendments that revise the text language of development regulations codified in the Woodinville Municipal Code, or as adopted otherwise by ordinance or resolution, and changes specific standards, procedures, meanings, and other provisions. (Ord. 683 § 3 (Att. A), 2019)

An amendment to the text of a development regulation may be initiated by the City Council, the Planning Commission, City staff, or any resident or property owner of the City of Woodinville. (Ord. 683 § 3 (Att. A), 2019)

When a text amendment to a development regulation is initiated by a resident or property owner, an application requesting the text amendment shall be submitted to the Department on a form provided by the City and include the following:

(1) Name and address of the person or persons requesting the amendment;

(2) A completed State Environmental Policy Act (SEPA) checklist including Section D: Supplemental Sheet for Non-project Actions;

(3) A description of the proposed amendment;

(4) A written statement explaining:

(a) The purpose for the proposed amendment;

(b) How the proposed amendment is consistent with the Woodinville Comprehensive Plan; and

(c) How the proposed amendment is consistent with other applicable City adopted development regulations, plans and policies; and

(5) Payment of the application fee set forth in the adopted fee schedule, including fees for SEPA. (Ord. 683 § 3 (Att. A), 2019)

(1) Where a text amendment is received pursuant to WMC 21.86.040, the Planning Commission shall review the text amendment and send a recommendation to the City Council that:

(a) The application has merit for further consideration; or

(b) The application does not have merit for further consideration.

(2) The City Council shall consider the Planning Commission’s recommendation and decide whether to send the text amendment for further review under the procedures in WMC 21.86.060.

(3) Where a text amendment is initiated by the City Council, Planning Commission or City staff, the text amendment may be sent directly for review under the procedures in WMC 21.86.060.

(4) The Director is authorized to establish administrative procedures for the orderly gathering and submitting of text amendments to the Planning Commission under this section. (Ord. 683 § 3 (Att. A), 2019)

Except for as provided in WMC 21.86.070, the following shall apply to the processing of a text amendment under this chapter:

(1) The Planning Commission shall hold at least one public hearing on the text amendment;

(2) After the public hearing and after considering the criteria in WMC 21.86.100, the Planning Commission shall vote and transmit a written recommendation on the text amendment to the City Council;

(3) The City Council shall consider the Planning Commission’s recommendation and may hold its own public hearing before acting on the text amendment;

(4) City staff shall prepare a report on the text amendment to be presented to the hearing body considering the amendment;

(5) Notice of the public hearing shall be provided pursuant to WMC 21.86.090;

(6) The city council may approve, approve with modifications, remand to the Planning Commission for further proceedings, or deny the text amendment. (Ord. 683 § 3 (Att. A), 2019)

The following are exempt from the procedures set forth in this chapter:

(1) Amendments that correct typographical errors, correct cross-references, make address or name changes, or clarify language in a regulation without changing its effect; or

(2) Adoption of State Building and Energy Codes pursuant to RCW Title 19. (Ord. 683 § 3 (Att. A), 2019)

The public participation prescribed in WMC 21.88.110 should be considered in processing text amendments to development regulations. (Ord. 683 § 3 (Att. A), 2019)

(1) Published notice of a public hearing shall be given in a newspaper of general circulation within the City boundaries at least 15 calendar days prior to the hearing date. However, subsequent hearing dates on the same proposal being considered by the same hearing body do not require additional publication of notice.

(2) Posted notice shall be given in the same manner as Planning Commission and City Council regular meetings.

(3) The content of the notice shall include:

(a) The time and place of the public hearing;

(b) A purpose statement which succinctly describes the proposal;

(c) A statement of the right of any person to submit written comments and to appear at the public hearing and give comments orally; and

(d) A statement of the availability of the official file.

(4) The requirements for notice shall not limit the City’s ability to providing additional means of noticing.

(5) Notice of the text amendment shall be transmitted to State agencies consistent with RCW 36.70A.106.

(6) If the text amendment imposes a requirement to inform a buyer or tenant of real property pursuant to Chapter 64.06 RCW, the ordinance containing the text amendment must be transmitted to the Municipal Research and Services Center for posting in accordance with RCW 43.110.030(2)(e). (Ord. 683 § 3 (Att. A), 2019)

The City Council may amend the text of a development regulation only if it finds:

(1) The proposed amendment is consistent with the goals, policies and provisions of the Woodinville Comprehensive Plan;

(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and

(3) The proposed amendment advances the public interest of the community. (Ord. 683 § 3 (Att. A), 2019)

If a Comprehensive Plan amendment is required to satisfy the approval criteria in WMC 21.86.100, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval of a text amendment to a development regulation. (Ord. 683 § 3 (Att. A), 2019)

City Council action on an ordinance to adopt a text amendment to a development regulation is a final decision but may be reviewable by filing a petition for review with the Central Growth Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise provided by law. (Ord. 683 § 3 (Att. A), 2019)

This section applies to amendments to the Shoreline Master Program.

(1) Review procedures are prescribed in Chapter 173-26 WAC. A minimum of one public hearing shall be held prior to City Council action on a proposed amendment.

(2) A City Council decision approving an amendment to the Shoreline Master Program shall be transmitted to the Washington State Department of Ecology, which will approve, recommend specific changes necessary to make the amendment consistent with Chapter 90.58 RCW and applicable guidelines, or deny the amendment.

(3) Approval by the Washington State Department of Ecology is required before an amendment to the Shoreline Master Program goes into effect. (Ord. 683 § 3 (Att. A), 2019)

This chapter establishes a mechanism for area-wide reclassification of land from one zoning district to another zoning district. (Ord. 683 § 4 (Att. B), 2019)

(1) This chapter applies to an amendment of the City’s official zoning map adopted pursuant to WMC 21.20.020. This chapter does not apply to a site-specific reclassification of land that is a quasi-judicial rezone subject to WMC 21.84.060.

(2) The review procedures set forth in this chapter shall apply to an area-wide zoning map amendment:

(a) That is consistent with and implements the land use map of the Comprehensive Plan; and

(b) An amendment to the Comprehensive Plan is not required.

(3) If an amendment to the Comprehensive Plan is required, the City may:

(a) Combine the area-wide zoning map amendment with the Comprehensive Plan amendment under the procedures set forth in Chapter 21.88 WMC; or

(b) Process the area-wide zoning map amendment separately from the Comprehensive Plan amendment, provided WMC 21.87.080 is fulfilled. (Ord. 737 § 33, 2022; Ord. 683 § 4 (Att. B), 2019)

An area-wide zoning map amendment may be initiated by the City Council, Planning Commission, or City staff. (Ord. 683 § 4 (Att. B), 2019)

The following shall apply to processing an amendment to the official zoning map:

(1) The amendment shall be reviewed by the Planning Commission.

(2) The City staff shall prepare a report on the amendment to be presented to the Planning Commission.

(3) The Planning Commission shall hold at least one public hearing on the amendment. Notice of hearing shall be provided pursuant to WMC 21.87.060.

(4) After consideration of the amendment and the criteria in WMC 21.87.070, the Planning Commission shall vote and transmit a copy of its recommendation to the City Council.

(5) The City Council at a public meeting shall consider the Planning Commission’s recommendation. The City Council may schedule public hearings as necessary to support consideration of the Planning Commission’s recommendation.

(6) The City Council may approve, approve with modifications, remand to the Planning Commission for further proceedings, or deny the amendment.

(7) The procedures in this section shall constitute the minimum necessary and nothing in this section shall prohibit the City from requiring additional procedures to allow for more effective public participation. (Ord. 683 § 4 (Att. B), 2019)

(1) Pursuant to RCW 36.70A.140, the City’s efforts to amend area-wide the zoning map shall include early and continuous public participation.

(2) The City shall provide broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. Notice shall be reasonably calculated to provide notification to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to the Comprehensive Plan. (Ord. 683 § 4 (Att. B), 2019)

(1) Published notice of a public hearing shall be given in a newspaper of general circulation within the City boundaries at least 15 calendar days prior to the hearing date. However, subsequent hearing dates on the same proposal being considered by the same hearing body do not require additional publication of notice.

(2) Posted notice shall be given in the same manner as Planning Commission and City Council regular meetings.

(3) The content of the notice shall include:

(a) The time and place of the public hearing;

(b) A purpose statement which succinctly describes the proposal;

(c) A statement of the right of any person to submit written comments and to appear at the public hearing and give comments orally; and

(d) A statement of the availability of the official file.

(4) The requirements for notice shall not limit the City’s ability to providing additional means of noticing.

(5) Notice of the area-wide zoning map amendment shall be transmitted to State agencies consistent with RCW 36.70A.106.

(6) Mailed notice sent by first class postage may be given to all property owners with property being considered for a reclassification of the zoning. (Ord. 683 § 4 (Att. B), 2019)

The City Council may amend the official zoning map if it finds:

(1) The proposed amendment is consistent with the goals, policies and provisions of the Woodinville Comprehensive Plan;

(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and

(3) The proposed amendment advances the public interest of the community. (Ord. 683 § 4 (Att. B), 2019)

If a Comprehensive Plan amendment is required to satisfy the approval criteria in WMC 21.87.070, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval of an amendment to the official zoning map. (Ord. 683 § 4 (Att. B), 2019)

City Council action on an ordinance to adopt amendments to the official zoning map is a final decision but may be reviewable by filing a petition for review with the Central Growth Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise provided by law. (Ord. 683 § 4 (Att. B), 2019)

This chapter establishes a mechanism for amending the Woodinville Comprehensive Plan. It provides for simultaneous review of proposals to allow cumulative impact analysis of all applications on a City-wide basis and honors the community’s long-term investment in the Comprehensive Plan, through public participation. (Ord. 683 § 5 (Att. C), 2019)

This chapter applies to text amendments to the language of the Comprehensive Plan and/or to amendments of the Comprehensive Plan land use map. (Ord. 683 § 5 (Att. C), 2019)

An amendment to the text of the Comprehensive Plan or an amendment to the Comprehensive Plan land use map may be initiated by any person or entity. (Ord. 683 § 5 (Att. C), 2019)

The City Council shall consider amendments to the Woodinville Comprehensive Plan no more than once each calendar year, except as provided in WMC 21.88.050. (Ord. 683 § 5 (Att. C), 2019)

The City Council may consider amendments to the Comprehensive Plan outside of the annual amendment process set forth in WMC 21.88.040 for the following:

(1) The initial adoption of a subarea plan that clarifies, supplements, or implements Comprehensive Plan policies and have had cumulative impacts addressed pursuant to WMC 21.88.080;

(2) The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;

(3) The amendment of the capital and public facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of the City’s budget;

(4) The adoption of Comprehensive Plan amendments necessary to enact a planned action under RCW 43.21C.031(2); and

(5) Whenever an emergency exists or to resolve an order from the Central Puget Sound Growth Management Hearings Board or Court. (Ord. 683 § 5 (Att. C), 2019)

(1) Applications to amend the Comprehensive Plan shall be submitted to the City.

(2) Applications shall be assigned to a docket consisting of all comprehensive plan amendment applications received during the preceding 12 months from the date prescribed in subsection (3) of this section. A current copy of the docket shall be maintained by the City and shall be available for public inspection during regular business hours.

(3) An application must be received by the City by the last business day in September to be included in the upcoming annual amendment process. Applications received after this deadline shall be placed on the next docket for the following annual amendment process, except as provided in subsection (4) of this section.

(4) The Director may, at his or her sole discretion, accept applications filed after the deadline if review has not begun on the pending applications and acceptance of the late application will not have a significant impact on the processing of the pending applications. (Ord. 683 § 5 (Att. C), 2019)

This section shall not apply to Comprehensive Plan amendments initiated by the City Council, Planning Commission, or City staff. All other applicants shall submit an application on a form provided by the City and include the following information:

(1) Name and address of the person or persons proposing the amendment;

(2) A completed environmental checklist (SEPA);

(3) A description and/or map of the proposed amendment;

(4) A written statement explaining the following:

(a) The purpose for the proposed amendment;

(b) How the amendment is consistent with the Washington State Growth Management Act;

(c) How the amendment is consistent with the adopted County-wide planning policies; and

(d) How the amendment furthers the purpose of the City’s Comprehensive Plan.

(5) An application fee set forth in the fee schedule. Additionally, the applicant may be responsible for costs pursuant to WMC 21.88.090. (Ord. 683 § 5 (Att. C), 2019)

Except as otherwise provided in WMC 21.88.050, all proposed annual amendments to the Comprehensive Plan shall be considered concurrently so the cumulative effect of the various proposals can be ascertained. The analysis of the cumulative effects shall be conducted under State Environmental Policy Act (SEPA) review prescribed in WMC 21.88.090. (Ord. 683 § 5 (Att. C), 2019)

(1) After each January 7th, the City’s responsible official shall review the cumulative environmental effect of all proposed Comprehensive Plan amendments, pursuant to the State Environmental Policy Act (Chapter 43.21C RCW).

(2) If the responsible official determines that a draft final or supplemental environmental impact statement (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs to prepare the environmental analysis as determined by the responsible official.

(3) Payment of a full or proportionate share of the costs to prepare the environmental analysis does not guarantee the proposed Comprehensive Plan amendment will be approved. (Ord. 683 § 5 (Att. C), 2019)

(1) The City staff shall prepare a report on the submitted amendments to be presented to the Planning Commission. Amendments not initiated by the City shall be presented as submitted unless the applicant agrees otherwise.

(2) The Planning Commission shall hold at least one public hearing on the docket of amendments. Notice of hearing shall be provided pursuant to WMC 21.88.120.

(3) After considering each amendment on the docket, the Planning Commission shall vote and transmit to the City Council a written recommendation on each amendment. The Planning Commission may modify City-initiated amendments but may not modify amendments initiated by other entities unless the applicant agrees otherwise.

(4) Within 60 days of receipt of the Planning Commission’s recommendations, the City Council at a public meeting shall consider the same.

(a) The City Council may schedule public hearings as necessary to consider the Planning Commission’s recommendations.

(b) If the City Council makes a substantial modification to the Planning Commission’s recommendation, and the modification was not previously considered by the Planning Commission, at least one public hearing shall be held on the modification prior to the City Council acting on the amendment.

(5) The City Council shall vote to approve, modify and approve, or deny each of the Planning Commission’s recommendations, or the City Council may remand an amendment to the Planning Commission for further proceedings. If an amendment is remanded, the City Council shall specify the time within which the Planning Commission shall report back to the City Council its findings and recommendations on the matters referred to it.

(6) The procedures in this section shall constitute the minimum necessary and nothing in this section shall prohibit the City from requiring additional procedures that allow for more effective public participation. (Ord. 683 § 5 (Att. C), 2019)

(1) Pursuant to RCW 36.70A.140, the City’s efforts to amend the Comprehensive Plan shall include early and continuous public participation.

(2) The City shall provide broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. Notice shall be reasonably calculated to provide notification to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to the Comprehensive Plan. (Ord. 683 § 5 (Att. C), 2019)

(1) Published notice of a public hearing shall be given in a newspaper of general circulation within the City boundaries at least 15 calendar days prior to the hearing date. However, subsequent hearing dates on the same proposal being considered by the same hearing body do not require additional publication of notice.

(2) Posted notice shall be given in the same manner as Planning Commission and City Council regular meetings.

(3) The content of the notice shall include:

(a) The time and place of the public hearing;

(b) A purpose statement which succinctly describes the proposal;

(c) A statement of the right of any person to submit written comments and to appear at the public hearing and give comments orally; and

(d) A statement of the availability of the official file.

(4) The requirements for notice shall not limit the City’s ability to providing additional means of noticing.

(5) Notice of the Comprehensive Plan amendment shall be transmitted to State agencies consistent with RCW 36.70A.106. (Ord. 683 § 5 (Att. C), 2019)

The City Council may amend the Comprehensive Plan if it finds:

(1) The amendment is consistent with the Growth Management Act (Chapter 36.70A RCW);

(2) The amendment is consistent with County-wide planning policies;

(3) The amendment does not conflict with other goals, policies, and provisions of the Woodinville Comprehensive Plan;

(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and

(5) The amendment will result in long-term benefit to the community as a whole and advances the public interest of the community. (Ord. 683 § 5 (Att. C), 2019)

City Council action on an ordinance to adopt amendments to the Woodinville Comprehensive Plan is a final decision but may be reviewable by filing a petition for review with the Central Growth Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise provided by law. (Ord. 683 § 5 (Att. C), 2019)

The procedures for annexation of unincorporated territory to the City of Woodinville are set forth in Chapter 35A.14 RCW as supplemented by this chapter. (Ord. 683 § 6 (Att. D), 2019)

Whenever an annexation is proposed via the petition method, the applicant shall pay the fee adopted in the City’s fee schedule. (Ord. 683 § 6 (Att. D), 2019)

The following information should be included in an annexation request proposed by the petition method:

(1) Statistical data including, but not limited to, legal descriptions, estimated population, number of residential units and other land uses within the area to be annexed;

(2) Maps showing the outline boundaries of the area to be annexed;

(3) An analysis of existing and needed public services;

(4) Information on any special circumstances such as public health or safety problems;

(5) Cost-benefit analysis of the annexation; and

(6) Other information requested by the City to help evaluate the annexation proposal. (Ord. 683 § 6 (Att. D), 2019)

When considering annexation proposals, the following criteria may be used in evaluating the proposal:

(1) The probability of substantial future financial benefit to the City;

(2) Areas to be annexed are contiguous to current City limits and should have regular, logical boundaries;

(3) The public health and welfare of areas to be annexed and the City as a whole should be enhanced through annexation;

(4) There is a capacity to provide the full range of urban services to newly annexed areas in a timely manner without reducing the level of those services to other residents and businesses; and

(5) Existing and proposed uses and development standards for areas considered for annexation should be consistent with adopted City plans and standards. (Ord. 683 § 6 (Att. D), 2019)