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A. Land use decisions, other than decisions on applications for Shoreline Conditional Use Permits, Shoreline Substantial Development Permits, and variances to the Shoreline Master Program, are classified into five processes based on who makes the decision, the amount of discretion exercised by the decisionmaker, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. Refer to LUC 20.25E.100 through 20.25E.200 for procedures, permits, and decisions related to Shoreline Conditional Use Permits, Shoreline Substantial Development Permits, and variances to the Shoreline Master Program.

B. Process I decisions are quasi-judicial decisions made by the Hearing Examiner on project applications. The following types of applications require a Process I decision:

1. Conditional Use Permits (CUPs);

2. Preliminary subdivision approval (plat); and

3.  Planned unit development (PUD) approval.

C. Process II decisions are administrative land use decisions made by the Director. Threshold determinations under the State Environmental Policy Act (SEPA) made by the Environmental Coordinator and Sign Code variances are also Process II decisions. (See the Environmental Procedures Code, BCC 22.02.034, and Sign Code, BCC 22B.10.180.) The following types of applications require a Process II decision:

1. Administrative amendments;

2. Administrative conditional use;

3. Design review;

4. Home Occupation Permit;

5. Interpretation of the Land Use Code;

6. Preliminary short plat;

7. Variance;

8. Critical Area Land Use Permits;

9. Master Development Plans;

10. Design and Mitigation Permits required pursuant to Part 20.25M LUC, Light Rail Overlay District; and

11. Review under State Environment Policy Act (SEPA) when not consolidated with another permit.

D. Process III decisions are quasi-judicial decisions made by the City Council. The following types of applications require a Process III decision:

1.  Site-specific or project-specific rezone; and

2. A rezone of any property to the OLB-OS Land Use District designation.

E. Process IV decisions are legislative nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public development and management of public lands. The following are Process IV decisions:

1. Consideration of suggestions for amendments to the Comprehensive Plan;

2. Amendments to the text of the Land Use Code or Comprehensive Plan;

3. Amendments to the Comprehensive Plan Map;

4. Amendments to the Zoning Map (rezones) on a Citywide or areawide basis.

F. Process V decisions are administrative land use decisions made by the Director, for which no administrative appeal is available. The following are Process V decisions:

1. Temporary Encampment Permits.

G. Other types of land use applications and decisions made by the Director, including those set forth below, are minor or ministerial administrative decisions, exempt from the above land use processes. Notice and an administrative appeal opportunity are not provided. LUC 20.35.020 through 20.35.070, however, apply to all land use applications.

1. Boundary Line Adjustment;

2. Final Plat (also requires Hearing Examiner approval prior to recording);

3. Final Short Plat;

4. Land Use Exemption;

5. Temporary Use Permit;

6. Vendor Cart Permit;

7. Requests for Reasonable Accommodation as defined by Part 20.30T LUC;

8. Applications and decisions for activities for which the Director of the Utilities Department has granted an exemption to the “minimum requirements for new development and redevelopment” pursuant to BCC 24.06.065.C. (Ord. 6670, 7-18-22, § 15; Ord. 6417, 5-21-18, § 56; Ord. 6197, 11-17-14, §§ 26, 27, 28; Ord. 6102, 2-25-13, § 6; Ord. 5727, 3-19-07, § 3; Ord. 5717, 2-20-07, § 11; Ord. 5683, 6-26-06, § 28; Ord. 5650, 1-3-06, § 3; Ord. 5615, 7-25-05, § 2; Ord. 5587, 3-7-05, § 10; Ord. 5481, 10-20-03, § 15; Ord. 5403, 8-5-02, § 12; Ord. 5328, 11-19-01, § 1; Ord. 5233, 6-26-00, § 2; Ord. 4978, 3-17-97, § 8; Ord. 4972, 3-3-97, § 3)