Skip to main content
Loading…
IV. PROCEDURES
This article is included in your selections.
This section is included in your selections.

A. Purpose and Scope. The purpose of this article is to establish standard procedures for all shoreline decisions made by the City of Bellevue. The procedures are designed to promote timely and informed public participation, eliminate redundancy in the application, permit review, and appeal processes, minimize delay and expense, and result in shoreline approvals that further City and state goals for the shoreline, as set forth in the Shoreline Management Act and the Bellevue Comprehensive Plan. As required by RCW 36.708.060, these procedures provide for an integrated and consolidated permit process. The procedures integrate the environmental review process with the procedures for review of shoreline decisions. The procedures also provide for merger of the appeal process for environmental threshold determinations and shoreline decisions. Chapter 20.35 LUC does not apply to the processing of shoreline permits and approvals, unless specifically referenced in LUC 20.25E.140, 20.25E.150 through 20.25E.200, and 20.25E.270.

B. Framework for Decisions.

1. Shoreline Project Decisions on Permits, Approvals, and Exemptions. Shoreline decisions are divided into three processes based on who makes the decision, the amount of discretion exercised by the decision maker, the level of potential impact associated with the decision, the amount and type of public input sought, and the type of appeal available. Shoreline project decisions do not include legislative nonproject actions taken by the City Council and described in subsection B.2 of this section.

a. Shoreline Process I decisions are quasi-judicial decisions made by the Hearing Examiner. A petition for review (appeal opportunity) is provided to the State Shorelines Hearings Board. Shoreline Conditional Use Permits are a Shoreline Process I decision.

b. Shoreline Process II decisions are administrative decisions made by the Director for which no City appeal opportunity is available. A petition for review (appeal opportunity) is provided to the State Shorelines Hearings Board. Shoreline Substantial Development Permits, shoreline variance approvals, permit revisions, and threshold determinations associated with a Shoreline Process II decision and made by the Environmental Coordinator under the State Environmental Policy Act (SEPA) are all Shoreline Process II decisions.

c. Shoreline Process III decisions are ministerial shoreline decisions made by the Director for which no administrative appeal opportunity is available to the Hearing Examiner or the Shorelines Hearings Board. Letters of Exemption are Shoreline Process III decisions.

2. Legislative Nonproject Actions. Legislative actions are taken by the City Council under its authority to establish policies and regulations regarding future private and public development and management of public lands. Amendments to the SMP are Land Use Process IV decisions governed by the procedures contained in LUC 20.35.400 through 20.35.440, Chapter 98.58 RCW, and Chapter 173-26 WAC. Process IV land use decisions that amend the SMP require approval by the Department of Ecology pursuant to the procedures contained in RCW 90.58.090.

C. General Procedures Applicable to All Shoreline Project Decisions.

1. Pre-Application Conferences. A pre-application conference is required before submitting any application for a Shoreline Conditional Use Permit (Shoreline Process I decision), unless waived by the Director. Shoreline Process II and Shoreline Process III decisions are exempt from the pre-application conference requirement.

2. Applications – Who May Apply. The property owner or authorized agent of the owner may apply for shoreline project permits, approvals, and exemptions.

3. Submittal Requirements. The Director shall specify submittal requirements, including type, detail, and number of copies, for an application to be complete. The Director may waive specific submittal requirements determined to be unnecessary for review of a specific project application. The Director may require additional material such as maps or studies when the Director determines such material is needed to adequately assess the proposed project, but these additional materials will not be necessary for the determination of completeness.

4. Notice of Complete Application.

a. Within 28 days after receiving a shoreline permit or approval application, the Director shall mail, fax, or otherwise provide to the applicant a written determination that the application is complete, or that the application is incomplete and what is necessary to make the application complete.

b. If the Director does not provide a written determination within the 28 days, the application shall be deemed complete as of the date of submittal.

c. If additional information is needed to make the application complete, within 14 days after an applicant has submitted the information identified by the Director as being needed, the Director shall notify the applicant whether the application is complete or what additional information is necessary.

d. An application is complete for purposes of this section when it meets the submittal requirements established by the Director and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Director from requesting additional information or studies either at the time of the notice of completeness or subsequently, if new information is required to complete review of the application or substantial changes to the permit application are proposed.

5. Shoreline Project Review Timelines. The Director shall establish a mechanism to ensure reasonable and predictable timelines for review of shoreline applications and shall provide target dates for decisions on such applications.

6. Integration and Consolidation of Shoreline Permit Review.

a. Shoreline Process I and II Decisions. When a single shoreline project includes a combination of Shoreline Process I and Shoreline Process II Permits, consolidated review of the project shall include the Process I and II components. A consolidated report setting forth the Shoreline Process I recommendation of the Director, and the Shoreline Process II decision(s), including SEPA threshold determination associated with a Shoreline Process I decision, shall be issued.

b. Shoreline Process I Decisions with Process I, II or III Land Use Decisions. When a single shoreline project includes a Shoreline Process I decision governed pursuant to LUC 20.25E.110 combined with Land Use Process I, II, or III Permits governed pursuant to Chapter 20.35 LUC, consolidated review of the project shall include the Shoreline Process I and the applicable land use process components. A consolidated report setting forth any required recommendations of the Director and the decisions, including SEPA threshold determination associated with a Shoreline Process I decision, shall be issued.

c. SEPA Threshold Determination with Shoreline Process II or III Decisions. Any SEPA threshold determination associated with a Shoreline Process II or III Permit that is not consolidated with a Shoreline Process I decision as described in subsections C.6.a and C.6.b of this section shall be merged with the Shoreline Process II or III action, and processed according to the notice, decision, appeal, and other procedures set forth in this section, LUC 20.25E.120 (Shoreline Process II), and LUC 20.25E.130 (Shoreline Process III – Ministerial decisions).

7. Recommendations and Decisions of the City – Written Record Required. Any recommendation or decision of the Director or Hearing Examiner on a shoreline project application shall be provided in writing. The record may be in the form of a staff report, letter, the permit itself, ordinance, or other written document, and shall indicate whether the application has been approved, approved with conditions, or denied. Any recommendation or decision of the City shall be based on the decision criteria for the applicable shoreline project permit, shall include any conditions necessary to ensure consistency with the SMA, the SMP, and City development regulations, and may include any mitigation measures proposed under the provisions of SEPA.

8. Consolidation of Certain Administrative Appeals of Shoreline Permits and Nonshoreline Matters. Certain appealable administrative decisions are not made by the Director, including but not limited to decisions pursuant to the City’s Traffic Standards Code, Chapter 14.10 BCC; the Bellevue Environmental Procedures Code, Chapter 22.02 BCC; the Sign Code, Chapter 22B.10 BCC; Transportation Impact Fee Program, Chapter 22.16 BCC; the School Impact Fees for Issaquah School District No. 411 and Renton School District No. 403, Chapter 22.18 BCC; the Sewer Utility Code, Chapter 24.04 BCC; and the Storm and Surface Water Utility Code, Chapter 24.06 BCC. The City Hearing Examiner hears and decides appeals on these types of nonshoreline decisions and determinations. Information on nonshoreline appeals is available from the department administering the relevant code and from the City Hearing Examiner.

a. Shoreline Process I Permits with Nonshoreline Matters. When a nonshoreline matter is associated with a consolidated shoreline permit review as described in subsections C.6.a and C.6.b of this section, the appeal on the nonshoreline matter will be heard together with any Hearing Examiner public hearing on the Shoreline Process I recommendation of the Director.

b. Shoreline Process II and Ill Permits with Nonshoreline Matters. No City administrative appeal is available on a merged SEPA and shoreline permit review as described in subsection C.6.c of this section. Nonshoreline matter appeals will not be consolidated with Shoreline Process II and III decisions.

9. Tolling of Nonshoreline Matters During Pendency of Shoreline Administrative Appeals. An appeal of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or a shoreline variance is to the State Shorelines Hearings Board as set forth in RCW 98.58.180. The time for filing an appeal to Superior Court of a final land use decision described in LUC 20.35.070 that has been consolidated with a shoreline decision as described in subsections C.6.a and C.6.b of this section will be tolled until all administrative appeals (including petitions for review to the Shorelines Hearings Board) have been resolved.

D. Notice Procedures Applicable to Shoreline Project Decisions.

1. Notice of Application. Notice of application for shoreline decisions shall be provided within 14 days of issuance of a notice of completeness as required by Table 20.25E.100.D.1:

Table 20.25E.100.D.1. 

Shoreline Project Applications

Publication (2)

Mail (3)

Sign (4)

Shoreline Conditional Use Permit

X (5)

X

X

Shoreline Substantial Development Permit

X

X

Shoreline Variance Approval

X

X

Shoreline Letter of Exemption (1)

Notes: Table 20.25E.100.D.1:

(1)Notice of application is not required for shoreline letters of exemption unless SEPA review is required. If SEPA review is required on a shoreline letter of exemption, notice of application shall be provided pursuant to LUC 20.35.210.

(2) Publication:

(a)Publication information shall include the project description, location, types of City permits or approvals applied for, date of application, minimum public comment period, and location where the complete application file may be reviewed.

(b)For purposes of this subsection, reference to “publication” shall include either publication in the City’s official newspaper of record, electronic notification through use of the City’s official website, or by inclusion in the City’s weekly permit bulletin.

(3) Mailing:

(a)Mailed notice shall be provided to owners of real property within 500 feet of the project site that includes the following information:

(i)The date of application;

(ii)Minimum public comment period;

(iii)The project description and location;

(iv)The types of City permit(s) or approval(s) applied for;

(v)The Director may include other information to the extent known at the time of notice of application, such as: the identification of other required City permits, related permits from other agencies or jurisdictions not included in the City permit process, the dates for any public meetings or public hearings, identification of any studies requested for application review, any existing environmental documents that apply to the project, and a statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation;

(vi)Mailings shall also include mailing notice of the application to each person who has requested such notice for the calendar year and paid any fee as established by the Director. This mailing shall also include a representative from each of the neighborhood groups, community clubs, or other citizens’ groups who have requested notice of land use activity. As an alternative to mailing notice to each such person, notice may be provided by electronic mail only, when requested by the recipient.

(b)For purposes of this subsection, reference to “mailing” shall include either U.S. mail or electronic mail. The City shall, however, provide notification by electronic mail only when requested by the recipient.

(4) Sign: If signs are required, the applicant shall post two signs or placards on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The Director shall establish standards for size, color, layout, design, wording, placement, and timing of installation and removal of the signs or placards.

(5)Notice of application shall be provided at least 15 days before the Hearing Examiner public hearing required for Process I decisions.

2. Minimum Comment Period.

a. Comments should be submitted to the Director as early in the review of an application as possible and should be as specific as possible.

b. The Director may accept and respond to public comments at any time prior to issuance of a recommendation or decision.

c. For projects requiring review under the State Environmental Policy Act (SEPA), a single comment letter may be submitted to the Director or the Environmental Coordinator addressing environmental impacts as well as other issues subject to review under the shoreline project decision criteria.

d. Notice of application for shoreline project decisions shall provide a minimum comment period as required by Table 20.25E.100.D.2.d:

Table 20.25E.100.D.2.d. 

Shoreline Project Applications

Minimum Comment Period

Shoreline Conditional Use Permit

30 days

Shoreline Substantial Development Permit

30 days (1)

Shoreline Variance Approval

30 days

Shoreline Letter of Exemption

(2)

Notes: Table 20.25E.100.D.2.d:

(1)The minimum comment period shall be 20 days for Shoreline Substantial Development Permit applications for:

(a)A limited utility extension; or

(b)Construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structure from shoreline erosion. The Director’s decision on a shoreline application will not be issued before expiration of the minimum comment period.

(2)A minimum comment period is not required for shoreline letters of exemption unless SEPA review is required. If SEPA review is required on a shoreline letter of exemption, a minimum comment period shall be provided pursuant to LUC 20.35.225.

3. Construction Notices. The Director may require construction posting and neighborhood notification for any development on real property. Removal of or failure to post a construction notice required by the Director shall constitute a violation of this section and otherwise is enforceable under Chapter 1.18 BCC. (Ord. 6731, 3-13-23, § 1; Ord. 6416, 5-21-18, § 2)