The purpose of this chapter is to identify actions that a development applicant or the city may take after approval of the development application.
(Ord. 2016-05 § 2 (Exh. A) (part), 2016)
Approval by the city of Type I, II, III, IV and V permit applications are assumed valid (unless over-turned by an appeal decision). Project activity may commence before the end of any appeal period, or may continue if under appeal, at the sole risk of the applicant. For shoreline permits, commencement of activity shall not begin until twenty-one calendar days from the date of the notice of decision as required by WAC 173-27-190, or as otherwise set forth in Chapter 16.09.
(Ord. 2016-05 § 2 (Exh. A) (part), 2016)
A.
After approval of a permit application, within fourteen calendar days prior to the date of the permit expiration as set forth in the applicable permit section in the PMC, the property owner may request in writing an extension of time. The planning director, upon consultation with other development review departments, may grant an extension of time for the permit approval, up to but not exceeding one year. Any extensions of time shall be based on the finding:
1.
The approved permit is compliant with all applicable development codes at the time of the extension request, unless otherwise allowed by vesting laws.
2.
There has been no material change of circumstances applicable to the property since project permit approval.
3.
The property owner must provide good cause for the delay, and demonstrate likelihood that the permit will be commenced within the additional year.
4.
The planning director shall not grant more than one extension.
B.
Once the approval time period and any extension have expired, approval shall terminate, and the application is null and void.
C.
The permit approval will remain valid as long as action proposed in the application has been physically commenced and is in progress.
(Ord. 2016-05 § 2 (Exh. A) (part), 2016; Ord. 2020-10 § 2 (Exh. A § 28), 2020)
A.
This section sets forth the procedures for reviewing and granting requests to modify any final approval on a permit approval granted by the city for Type I, II and III permits; provided, that for land division and shoreline permits, see the following provisions:
B.
Modifications to Type I and Type II Permit Approvals.
1.
Type I or II approved permits that seek modification and meet the criteria of subsections (B)(3) and (4) of this section shall follow the procedures of a Type I permit process review, Section 19.40.020.
2.
A property owner or successor in interest to the approved application may submit a post decision modification application form and appropriate fee to the city for an approved permit that has not expired.
3.
The following are examples of modifications (but are not limited to), which may be considered and approved under this section:
a.
Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
b.
Changes to street design that provide a plan superior to the approved street design in the determination of the city engineer.
c.
Reduction in the number of units, as long as the modification meets the residential minimum density requirement.
d.
Reduction in square footage amount.
e.
Increase of square footage of no more than ten percent of gross square footage.
f.
A change to a condition of approval that does not modify the intent of the original condition or original approval. Additional conditions of approval may be included as a result of the post decision modification.
g.
Reconfiguration or addition of designated open space or recreation areas; provided, that no reduction in the minimum required overall area occurs.
h.
Reconfiguration of parking area; provided, that no reduction in minimum amount of required parking space occurs.
4.
The planning director, with consultation with other development review departments, may approve a proposed post decision modification if the following criteria is met:
a.
No increase in density or number of dwelling units.
b.
No increase in square footage of more than ten percent of gross square footage.
d.
No reduction in the amount of required landscaping or open space is proposed.
e.
No reduction in the required amount of parking is proposed.
f.
All applicable development standards remain met.
g.
A modification that does meet the above criteria but does not alter more than ten percent of any approved dimensional requirement (excluding building height or density) may be approved.
5.
The planning director, with consultation with other development review departments, may determine that the proposed post decision modification to an approved permit will require review as a new application rather than as a modification if it exceeds the provisions of this section.
C.
Modifications to Type III Permit Approval.
1.
Type III approved permits that seek modification and meet the criteria of subsections (C)(3) and (4) of this section shall follow the procedures of a Type II permit process review, Section 19.40.030, including issuance and distribution of a notice of application.
2.
A property owner or successor in interest to the approved application may submit a post decision modification application form and appropriate fee to the city for an approved permit that has not expired.
3.
The following are examples of modifications (but are not limited to), which may be considered and approved under this section:
a.
Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
b.
Changes to street design that provide a plan superior to the approved street design in the determination of the city engineer.
c.
Reduction in the number of units, as long as the modification meets the residential minimum density requirement.
d.
Reduction in building square footage amount.
e.
Increase of square footage of no more than ten percent of gross square footage.
f.
A change or revision to a condition of approval that does not modify the intent of the original condition or original approval. Additional conditions of approval may be included as a result of the post decision modification.
g.
Reconfiguration or addition of designated open space or recreation areas; provided, that no reduction in the minimum required overall area occurs.
h.
Reconfiguration of parking area; provided, that no reduction in minimum amount of required parking space occurs.
4.
The planning director, with consultation with other development review departments, may approve a proposed post decision modification if the following criteria is met:
a.
No increase in density or number of dwelling units.
b.
No increase in square footage of more than ten percent of gross square footage.
c.
No reduction in the amount of required landscaping or open space is proposed.
d.
No reduction in the required amount of parking is proposed.
e.
All applicable development standards remain met.
f.
A modification that does meet the above criteria but does not alter more than ten percent of any approved dimensional requirement (excluding building height or density) may be approved.
5.
The planning director, with consultation with other development review departments, may determine that the proposed post decision modification to an approved permit will require review as a new application rather than as a modification if it exceeds the provisions of this section.
D.
An application for post decision modification does not extend the deadline for filing an appeal, does not stay any appeal proceedings, nor extend any deadline for permit expiration.
(Ord. 2016-05 § 2 (Exh. A) (part), 2016)
The planning director may, without being subjected to the procedures set forth in Section 19.90.040, administratively modify or revise approved conditions of approval or other written decision statements, if it clarifies ambiguities or conflicts in a decision, corrects errors clearly identifiable from the record, or is warranted by change of laws. Any administrative modification or revision shall be documented in writing and be made part of the approved permit file. This section does not authorize the planning director to alter any vested rights of an approved permit.
(Ord. 2016-05 § 2 (Exh. A) (part), 2016)
A.
The planning director may determine that an approved permit should be suspended or revoked upon finding:
B.
The planning director shall provide the property owner and permit applicant at least thirty calendar days written notice of the intent to suspend or revoke a permit. Unless otherwise set forth in the PMC, revocation will automatically occur upon the date specified by the notice unless the property owner or permit holder files an appeal of the Type I decision to suspend or revoke as provided in Section 19.70.010. If an appeal is filed, revocation shall not take place unless and until the appeal is concluded, and then only if the decision of the director is upheld.
C.
The planning director may revoke a permit on less than thirty days’ notice or upon no notice of all if, but only if, the property owner’s or permit holder’s continued activities will result in imminent danger to person or property or otherwise create irreparable harm. In the event of such an extraordinary situation, the property owner or permit holder may file an appeal of the revocation and seek an expedited appeal hearing. Such an expedited hearing shall take place at the earliest opportunity, and shall be given priority over any other matter on the hearing examiner’s schedule that may be legally delayed.
(Ord. 2016-05 § 2 (Exh. A) (part), 2016)