There are four types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity.
(Ord. 238 Ch. III § 3, 2000)
These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. These decisions are made by the Director and are exempt from notice requirements.
However, Type A permit applications that exceed the categorical exemptions in SMC § 20.30.560 are subject to SEPA review. SEPA regulations including process, noticing procedures, and appeals are specified in Chapter 20.30 SMC, Subchapter 8.
All permit review procedures, all applicable regulations, and standards apply to all Type A actions. The decisions made by the Director under Type A actions shall be final. The Director’s decision shall be based upon findings that the application conforms (or does not conform) to all applicable regulations and standards.
Table 20.30.040 – Summary of Type A Actions
Action Type
Section
Type A:
1. Accessory Dwelling Unit
20.40.120, 20.40.210
2. Lot Line Adjustment including Lot Merger
20.30.400
3. Building Permit
All applicable standards
4. Final Short or Formal Plat
20.30.450
5. Bed and Breakfast
20.40.120, 20.40.250
6. Interpretation of Development Code
20.10.050, 20.10.060, 20.30.020
7. Right-of-Way Use/Site
12.15.010 – 12.15.180
8. Shoreline Exemption Permit
Shoreline Master Program
9. Sign Permit
20.50.530 – 20.50.610
10. Site Development Permit
20.20.046, 20.30.315, 20.30.430
11. Deviation from Engineering Standards
20.30.290
12. Temporary Use Permit
20.30.295
13. Clearing and Grading Permit/Tree Removal
20.50.290 – 20.50.370
14. Administrative Design Review
20.30.297
15. Floodplain Development Permit
13.12.700
16. Floodplain Variance
13.12.800
17. Noise Variance
9.05
18. Demolition Permit
15.05.015
19. Fire Permits
15.05.050
20. Outdoor Seating Area Permit
20.50.260
An administrative appeal is not provided for Type A actions. Appeals of a Type A action are to Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
(Ord. 238 Ch. III § 3(a), 2000; Ord. 244 § 3, 2000; Ord. 299 § 1, 2002; Ord. 324 § 1, 2003; Ord. 339 § 2, 2003; Ord. 352 § 1, 2004; Ord. 469 § 1, 2007; Ord. 531 § 1 (Exh. 1), 2009; Ord. 609 § 5, 2011; Ord. 631 § 1 (Exh. 1), 2012; Ord. 641 § 4 (Exh. A), 2012; Ord. 654 § 1 (Exh. 1), 2013; Ord. 695 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 850 § 1 (Exh. A), 2019; Ord. 907 § 1 (Exh. C), 2020; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
A neighborhood meeting shall be conducted by the applicant for temporary use permits for transitional encampment proposals.
(Ord. 695 § 1 (Exh. A), 2014; Ord. 760 § 1 (Exh. A), 2017; Ord. 762 § 1 (Exh. A), 2017; Ord. 789 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025)
Type B decisions require that the Director issues a written report that sets forth a decision to approve, approve with modifications, or deny the application. The Director’s report will also include the SEPA threshold determination if applicable.
All Type B decisions are appealable in an open record appeal hearing, except shoreline substantial development permits, shoreline variances and shoreline CUPs that shall be appealed to the Shorelines Hearing Board pursuant to Chapter 90.58 RCW, Shoreline Management Act. Such hearing shall consolidate with any SEPA threshold determination.
Table 20.30.050 – Summary of Type B Actions, and Notice Requirements
Action
Notice Requirements: Application and Decision (1), (2), (3)
Appeal Authority
Section
Type B:
1. Binding Site Plan (4)
Mail
HE
20.30.480
2. Conditional Use Permit (CUP)
Mail, Post Site, Newspaper
HE
20.30.300
3. Preliminary Short Subdivision (4)
Mail, Post Site, Newspaper
HE
20.30.410
4. Shoreline Substantial Development Permit, Shoreline Variance and Shoreline CUP
Mail, Post Site, Newspaper
Shorelines Hearings Board
Shoreline Master Program
5. Zoning Variances
Mail, Post Site, Newspaper
HE
20.30.310
6. Plat Alteration (5), (6)
Mail
HE
20.30.425
Notes:
Key: HE = Hearing Examiner
(1) Public hearing notification requirements are specified in SMC § 20.30.120.
(2) Notice of application requirements are specified in SMC § 20.30.120.
(3) Notice of decision requirements are specified in SMC § 20.30.150.
(4) These Type B actions do not require a neighborhood meeting. A notice of development will be sent to adjacent properties.
(5) A plat alteration does not require a neighborhood meeting.
(6) If a public hearing is requested, the plat alteration will be processed as a Type C action per SMC Table 20.30.060.
(Ord. 238 Ch. III § 3(b), 2000; Ord. 299 § 1, 2002; Ord. 789 § 1 (Exh. A), 2018; Ord. 857 § 2(A) (Exh. A), 2019; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
These decisions are made by the City Council or the Hearing Examiner, as shown in Table 20.30.060, and involve the use of discretionary judgment in the review of each specific application.
Prior to submittal of an application for any Type C permit, the applicant shall conduct a neighborhood meeting to discuss the proposal and to receive neighborhood input as specified in SMC § 20.30.090.
Type C decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision made by the City Council or Hearing Examiner.
There is no administrative appeal of a Type C decision. Any appeal of a Type C decision is to King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
Table 20.30.060 – Summary of Type C Actions, Notice Requirements, Review Authority, and Decision Making Authority
Action
Notice Requirements for Application and Decision(2), (3)
Review Authority, Open Record Public Hearing
Decision Making Authority (Public Meeting)
Section
Type C:
1. Site-Specific Comprehensive Plan Map Amendment
Mail, Post Site, Newspaper
HE (1)
City Council
20.30.345
2. Street Vacation
Mail, Post Site, Newspaper
HE (1)
City Council
12.17.020
3. Preliminary Formal Subdivision
Mail, Post Site, Newspaper
HE (1)
20.30.410
4. Rezone of Property and Zoning Map Change
Mail, Post Site, Newspaper
HE (1)
20.30.320
5. Special Use Permit (SUP)
Mail, Post Site, Newspaper
HE (1)
20.30.330
6. Critical Areas Special Use Permit
Mail, Post Site, Newspaper
HE (1)
20.30.333
7. Critical Areas Reasonable Use Permit
Mail, Post Site, Newspaper
HE (1)
20.30.336
8. Secure Community Transitional Facility – Special Use Permit
Mail, Post Site, Newspaper
HE (1)
20.40.502
9. Essential Public Facility – Special Use Permit
Mail, Post Site, Newspaper
HE (1)
20.30.330
10. Master Development Plan
Mail, Post Site, Newspaper
HE (1)
20.30.353
11. Plat Alteration with Public Hearing (4)
Mail
HE (1)
20.30.425
12. Subdivision Vacation
Mail, Post Site, Newspaper
HE (1)
20.30.427
Notes:
(1) HE = Hearing Examiner.
(2) Notice of application requirements is specified in SMC § 20.30.120.
(3) Notice of decision requirements is specified in SMC § 20.30.150.
(4) A plat alteration does not require a neighborhood meeting.
(Ord. 238 Ch. III § 3(c), 2000; Ord. 299 § 1, 2002; Ord. 309 § 3, 2002; Ord. 324 § 1, 2003; Ord. 406 § 1, 2006; Ord. 507 § 4, 2008; Ord. 534 § 2, 2009; Ord. 568 § 2, 2010; Ord. 581 § 1 (Exh. 1), 2010; Ord. 591 § 1 (Exh. A), 2010; Ord. 621 § 2, 2011; Ord. 695 § 1 (Exh. A), 2014; Ord. 789 § 1 (Exh. A), 2018; Ord. 857 § 2(A) (Exh. A), 2019; Ord. 882 § 1 (Exh. D), 2020; Ord. 907 § 1 (Exhs. B, C), 2020; Ord. 934 § 1(A) (Exh. A), 2021; Ord. 959 § 1 (Exh. A), 2022; Ord. 1027 § 1 (Exh. A), 2025)
These decisions are legislative, nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. There is no administrative appeal of legislative decisions.
Table 20.30.070 – Summary of Legislative Decisions
Decision
Review Authority, Public Hearing
Decision Making Authority (in accordance with State law)
Section
Appeal Authority
1. Amendments and Review of the Comprehensive Plan
PC(1)
City Council
20.30.340
Growth Management Hearings Board
2. Amendments to the Development Code
PC(1)
City Council
20.30.350
Growth Management Hearings Board
3. Development Agreements
PC(1)
City Council
20.30.355
King County Superior Court
Notes:
(1) PC = Planning Commission
Legislative decisions include a hearing and recommendation by the Planning Commission and final action by the City Council.
The City Council shall take legislative action on the proposal in accordance with State law.
There is no administrative appeal of legislative decisions of the City Council. Amendments to the Comprehensive Plan and the Development Code and any related SEPA determination are appealable to the Growth Management Hearings Board pursuant to Chapter 36.70A RCW, Growth Management Act. Any appeal of a development agreement is appealable to King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
(Ord. 238 Ch. III § 3(d), 2000; Ord. 339 § 5, 2003; Ord. 406 § 1, 2006; Ord. 581 § 1 (Exh. 1), 2010; Ord. 706 § 1 (Exh. A), 2015; Ord. 959 § 1 (Exh. A), 2022)