Planning Commission

• Meetings may be viewed on the City of Anacortes website, on the City of Anacortes YouTube Channel, or on TV Channel 10. • To watch, listen to, or participate in the meeting live, visit https://us02web.zoom.us/j/84685300609 or telephone 1-253-215- 8782 and enter Meeting ID 846 8530 0609. • The public is encouraged to comment via email to pced@anacorteswa.gov, via written comment addressed to PCED, P.O. Box 547, Anacortes, WA 98221. Public comments received prior to 3:00 p.m. the day of the meeting will become part of the record for the meeting, just as if presented in person. • Complete guidelines for virtual participation in Anacortes Planning Commission meetings are available here. View the quick video example for connecting to the meeting here. Anacortes Planning Commission Municipal Building - Council Chambers 904 6th Street July 14, 2026 6:00 PM PRELIMINARY AGENDA Packet Materials / Watch Meeting 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. Minutes of 06/09/2026 submitted for approval 4. Public Comment 5. Public Hearings 6. Other Business a. Amendments to AMC Title 19 Unified Development Code – Permit Streamlining 7. Planning Department Update 8. Adjournment *Citizens wishing to comment on items not on the agenda may do so under Public Comment. Citizens wishing to comment during a public hearing may do so as those items are considered by the Planning Commission during the course of the meeting. The City of Anacortes is committed to making public meetings available and accessible to all members of the community. For assistance with special needs, please contact the City Clerk at 360-299-1960 in advance of the meeting. Page 1 of 32 Anacortes Planning Commission Minutes - June 9, 2026 Roll Call Chairperson Frank Jeretzky called to order the Anacortes Planning Commission meeting of June 9, 2026, at 6:00 p.m. Commissioners Jill Underwood, William McCombs, Linda Martin, Tarn Ohana, Chad Sage and Mike Mills were present. Pledge of Allegiance The assembly joined in the Pledge of Allegiance. Minutes Minutes of 04/14/2026 & 05/12/2026 were submitted for approval April 14th, 2026 & May 12th, 2026, minutes were submitted for approval. April 14th Minutes: Linda Marin advised that there are minor corrections to spelling and grammar. Linda Martin motioned to approve minutes with changes. William McCombs seconded the motion. All Ayes May 12th Minutes: Linda Martin advised there were minor corrections needed for spelling and grammar. Linda Martin motioned to approve minutes with changes. William McCombs seconded the motion. Frank Jeretzky and Mike Mills abstained from the vote; William McCombs, Chad Sage, Linda Martin, Jill Underwood and Tarn Ohana voted yes. Public Comment Chairperson Frank Jeretzky opened it up to the public to make comments at 6:04pm. Mark Nihart, Anacortes resident, vice-president of Smart Growth of Anacortes board, advised that Anacortes does not have a Tree Preservation Plan, with no definitive document or solid plan that anyone can refer to. He recommends a team or a council to develop a plan for best practice for tree preservation with steps or procedures to follow for years to come. Closed the public comment at 6:07pm. Public Hearings Draft Public Participation Plan for the Critical Areas Regulations Update Planning Manager, Libby Grage, presented to the Planning Commission the Draft Public Participation Plan for the Critical Areas Regulations Update in a slide presentation. Libby went over the purpose of the agenda, such as the overview of critical areas, reviewing the updated requirements under the Growth Management Act (GMA) and the proposed Public Participation Plan, and received public testimony on the PPP. Before opening the public hearing to the audience, Linda Martin asked if there was difference between wetlands and critical aquifer recharge areas. Libby Grage addressed the question by advising that there are specific state definitions for each. Chairperson, Frank Jeretzky, opened the public hearing for comments at 6:24pm. Mark Nihart, Anacortes resident, vice-president of Smart Growth of Anacortes board, spoke about the comment and response piece. The public doesn't get the opportunity to challenge or to question staff findings and wants the ability to challenge the comments along with staff's recommendations. Anacortes Planning Commission Minutes - June 9, 2026 1 Page 2 of 32  Chairperson, Frank Jeretzky, closed the public hearing at 6:27pm and asked the planning commission if they had any comments. Discussion Topics Included: o Critical Area Report Timelines o Availability of the Critical Area Report o Clarification on staff recommendation o Suggested wording on the Critical Area Public Participation Plan o Social Media recommendation Vice-Chair, Linda Martin moved, seconded by Tarn Ohana, to recommend the City Council adopt the Public Participation Plan for the Critical Areas Regulations Update, presented with three revisions: Revision 1: In the sentence under the "Comments" header, revise it to "Staff will prepare a comment- response matrix identifying major issues raised, staff analysis, and staff recommendations." Revision 2: Under the "Interested Parties and Tribal Engagement" header, we need to include in the "Members of the Public" section, "Groups and Individuals." to the list. Revision 3: Add social media as another avenue for reaching the public. Discussion on Motion: • Concerns about adding the wording to the "Interested Parties and Tribal Engagement" section. Vote was placed. All Ayes. Other Business No Other Business Planning Department Update Planning, Community, and Economic Development Director John Coleman provided an update on some of the motions that have been brought to City Council. The City Council has already approved the last suggestion made by the Planning Commission. He advised on a project the City had just completed with the letters of "Anacortes" near the San Juan Ferry entrance. John also provided a timeline for the upcoming meetings: • July 14th: Will address the Mayor's Executive Order • August 11th: Shoreline Master Program gap analysis • September 15th: Special meeting that has been moved due to holiday interference • September 29th: An additional meeting that has been added • October 13th: Regularly scheduled meeting • October 27th: An additional meeting that has been added • November 10th: Going over the Shoreline Master Program Adjournment Meeting adjourned at 7:06pm. Anacortes Planning Commission Minutes - June 9, 2026 2 Page 3 of 32  Planning Commission Agenda Bill Meeting Date: July 14, 2026 Agenda Item: 6.a. Subject: Amendments to AMC Title 19 Unified Development Code – Permit Streamlining Staff Contact: Libby Grage, John Coleman Approved for Submittal to Commission by Action Type Libby Grage Discussion John Coleman Summary Statement: The Planning Commission will review and discuss proposed amendments to Title 19 of the Anacortes Municipal Code implementing the Mayor's Executive Order on permit streamlining. The amendments are intended to improve the efficiency, predictability, and organization of the City's development review process by clarifying permit procedures, establishing a clearer distinction between land use review and construction permitting, and addressing targeted code changes related to lot status, site plan review, administrative exceptions, development standards, and fence permits. Staff is requesting feedback prior to environmental review, public comment, and a future public hearing. Background: Mayor's Executive Order 2026-02 - Permit Streamlining See attached Staff Memo and Draft Amendments Previous Action: None Competing Viewpoints Considered: Recommended Motion: No action is requested. Alternative Actions: N/A Attachments (listed in order presented): 1. Staff Memo (7/9/26) 2. Attachment 1 - Draft Amendments Page 4 of 32 Date July 9, 2026 To: Planning Commission From: Planning Department John Coleman, AICP, Director Libby Grage, Planning Manager Re: LEG-26-08: Implementing Mayor’s Executive Order 2026-02 – Permit Streamlining Proposed Amendments to AMC Title 19, Unified Development Code Staff Recommendation Receive the staff presentation, review the proposed amendments, ask questions and provide feedback. Purpose and Background On April 7, 2026, the Mayor issued Executive Order 2026-02 directing staff to prepare amendments to the Anacortes Municipal Code to improve the efficiency, predictability, and administration of the City's development review process. The Executive Order identified five primary areas for amendment: a. Revise lot of record provisions. b. Allow site plan review before building permit application. c. Allow limited administrative exceptions. d. Allow minor reductions to certain numeric standards. e. Exempt qualifying fences from building permit requirements. While preparing the implementing amendments, staff also identified further opportunities to improve the overall organization, clarity, and efficiency of the city’s permitting framework. These additional amendments clarify permit sequencing, distinguish land use review from construction permitting, reduce duplicative review, and provide a more understandable process for applicants and staff. These include: • A new overview of the development review process. • Clarified consolidated review procedures. • Updated permit expiration provisions. • Modernized site plan review procedures. • New Building Permit and Site Construction Permit chapters. Page 1 of 5 Page 5 of 32 A summary of the proposed amendments to address all ten of the above issues is provided in a table below. The Planning Commission had a first read of draft amendments to address item a. (revise lot of record provisions) at their May 2026 meeting. The current draft does not include those draft amendments. The draft amendments in Attachment 1 only address items b-e. Staff anticipates having a second read and public hearing for all five items (a-e) at the September 15 Planning Commission meeting Attachment 1 contains the proposed amendments in track changes format showing the revisions to the existing code text. Page 2 of 5 Page 6 of 32 Summary of Proposed Amendments Executive Order 2026-02 Directives Executive Proposed Purpose / Summary Key Benefits Order Amendment EO #4a Lot of Record Clarifies when existing parcels qualify as separate lots of Reduces unnecessary record, when they are eligible for development, and when subdivision and boundary line subdivision approval is required. Recognizes qualifying adjustment applications while preexisting lots without unnecessary boundary line maintaining appropriate adjustments or subdivision approvals while preserving oversight of land division. subdivision review where needed. A revised draft will be presented at a future meeting following refinement of the proposal. EO #4b Site Plan Establishes site plan review as the City's primary land use Provides earlier development Review approval, clarifies its purpose, scope, approval criteria, certainty, supports phased and legal effect, and allows approval before detailed construction, and eliminates engineering or building permit applications are submitted. repetitive review of land use issues. EO #4c & 4d Administrative Establishes a process for limited administrative Provides predictable Exceptions exceptions and minor reductions to specified administrative flexibility while development standards where site-specific conditions reducing unnecessary justify flexibility while still achieving the purpose of the variances and maintaining the applicable regulations. intent of development regulations. EO #4e Fence Permit Exempts fences not exceeding seven feet in height from Eliminates unnecessary Exemption building permit requirements, consistent with the permits for low-risk International Building Code. improvements and aligns the Page 3 of 5 Page 7 of 32  City’s regulations with the building code. Additional Process Improvements Proposed Amendment Summary Key Benefits Development Review Adds a plain-language overview of the City's development Makes permitting process Overview review process, including the relationship among permit easier for applicants, staff, types and typical sequence of review. and the public to understand. Consolidated Review Clarifies when multiple permit applications may be reviewed Provides flexibility to concurrently to improve efficiency and reduce processing coordinate reviews, reduce time. duplication, and shorten permit processing time. Permit Expiration Updates permit expiration and extension provisions to Improves consistency, improve consistency across permit types. predictability, and administration of permit approvals. Site Construction Creates a new permit for utilities, grading, stormwater, Creates a clear permit Permits streets, and other site improvements required to implement framework for engineering approved land divisions, cottage housing developments, and review and separates other projects requiring engineering review. The new permit technical construction review clearly separates engineering review from land use and from land use approval. building permit review. Building Permits Creates a new chapter clarifying when building permits are Clarifies the role of building required, what they authorize, and their relationship to prior permits and reduces land use approvals. confusion regarding the scope of building permit review. Page 4 of 5 Page 8 of 32 Next Steps Staff will refine the draft amendments as appropriate based on Planning Commission feedback, complete environmental review in accordance with the State Environmental Policy Act (SEPA), provide public notice and an opportunity for written public comment on the proposal, and schedule a public hearing before the Planning Commission, likely to be held on September 14, 2026. Following the public hearing, the Planning Commission will be asked to make a recommendation to the City Council regarding adoption of the proposed amendments. Page 5 of 5 Page 9 of 32 Proposed Code Amendment: Executive Order 2026-02 – Permit Streamlining Draft – July 9, 2026 Proposed amendments are shown as follows: New/Added text – Blue underline Deleted text – Red strikethrough AMC Title 19, Unified Development Code Division 1. General and Legislative Provisions 19.10 General Provisions 19.12 Definitions 19.14 International Codes 19.16 Legislative Actions Chapter 19.10 General Provisions [no changes] Chapter 19.12 Definitions and Interpretation 19.12.020 Definitions ………. “Building permit” means a permit authorizing work regulated by the codes adopted under AMC 19.14, International Codes. “Development” means any land use, activity, or project regulated by Titles 13 and 16 through 20. , including but not limited to building permits, subdivisions, binding site plans, rezones, conditional use permits, shoreline permits, short plats, or variances. “Development permit” means a permit or approval for a development, and includes project permits, building permits, and site construction permits. per RCW 36.70B.020 and permits issued pursuant to AMC Chapter 19.14. “Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but 1 Page 10 of 32 excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this definition, and excluding building permits and site construction permits. . “Site Construction Permit” means a permit authorizing construction of site improvements and civil infrastructure, including grading, drainage, stormwater facilities, utilities, streets, sidewalks, private roads, and other site work regulated by this Title or other provisions of the Anacortes Municipal Code. “Site Plan Review” means the review of a proposed development to determine compliance with the Comprehensive Plan, applicable development regulations, design standards, and other approval criteria governing the location, layout, configuration, and design of development prior to issuance of a construction or building permit. ……. 19.12.040 Rules of interpretation. [No changes] 19.12.060 Supremacy. [No changes] 19.12.080 Administrative interpretation. [No changes] Chapter 19.14 International Codes 19.14.010 Short title. [No changes] 19.14.020 Purpose. [No changes] 19.14.025 Adoption. [No changes] 19.14.030 Adoption of International Building Code. [No changes] 19.14.035 Adoption of the International Residential Code. The International Residential Code, published by the International Code Council, as adopted by the state of Washington, Chapter 51-51 WAC, together with any supplements thereto, 2021 Edition, be and they are adopted by reference with the following amendments. Section R105.2 is amended to read as follows: 2 Page 11 of 32 R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. Other than storm shelters, one-story detached accessory structures, provided the floor area does not exceed 144 square feet. 1.2. Fences not over 7 feet high. 2.3. 2. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. [no changes to remaining chapter] 19.04.040 Adoption of International Mechanical Code. [No changes] 19.04.050 Adoption of International Property Maintenance Code. [No changes] 19.04.060 Adoption of the International Fire Code. [No changes] 19.14.065 Adoption of International Wildland Urban Interface Code. [No changes] 19.14.070 Adoption of Uniform Plumbing Code and Uniform Plumbing Code Standards. [No changes] 19.14.085 Adoption of standards for manufactured home installation. [No changes] 19.14.090 International Energy Conservation Code. [No changes] 19.14.110 Administrative authority. [No changes] 19.14.120 Unlawful acts. [No changes] 19.14.130 Violation – Penalty. [No changes] 3 Page 12 of 32 19.14.150 Permit fee schedule. [No changes] 19.14.160 Grading fees. [No changes] 19.14.170 Mechanical permit fees. [No changes] 19.14.180 Plumbing permit fees. [No changes] Chapter 19.16 Legislative Actions [no changes] 4 Page 13 of 32 Division 2. Procedures 19.20 Application Procedures NEW CHAPTER 19.21 Administrative Flexibility 19.22 Concurrency 19.24 Essential Public Facilities 19.28 Permit Revision and Expiration Chapter 19.20 Application Procedures 19.20.010 Policy 19.20.020 Applicability 19.20.025 Overview of Development Review Process 19.20.030 Types of review. 19.20.040 Consolidated review. 19.20.050 Eligibility for permits. 19.20.060 Lots of record. 19.20.070 Vesting. 19.20.080 Requirement for public notices. 19.20.090 Pre-application conference. 19.20.100 Pre-application neighborhood meeting. 19.20.110 Application – Contents and completeness – Revisions – Expiration. 19.20.120 Application – Notice. 19.20.130 Application – Department review. 19.20.140 Public hearings and meetings. 19.20.150 Public hearing – Notice. 19.20.160 Decision – Timing. 19.20.170 Decision – Notice. 19.20.180 Appeals. 19.20.190 Remand. 19.20.200 Reconsideration. 19.20.210 Exhaustion of administrative remedies. 19.20.220 Departures 19.20.230 Framework development plans. 19.20.010 Policy. This chapter establishes standard procedures for review of development permit applications and appeals. These procedures are designed to promote timely and informed public participation, eliminate redundancy in the process, minimize delay and expense, and result in approvals that further the goals and policies of the Anacortes comprehensive plan. These procedures are intended to be consistent with the provisions of Chapter 36.70B RCW and integrate the land use permit process with the environmental review process. 19.20.020 Applicability. A. This chapter applies to all applications and all development permits issued per this title. B. Exemptions. Consistent with RCW 36.70B.140, the following permits are exempt from the procedural requirements of this chapter: 1. Sidewalk use permits;. 5 Page 14 of 32  2. Development agreements;. 3. Final approval of short subdivisions and subdivisions;. 4. Landmark designations; 4.5. and sStreet vacations. C. This chapter does not apply to a procedural determination made by the city related to a nonproject action. 19.20.025 Overview of the Development Review Process A. Purpose. This section provides a general overview of the City’s development review process. B. General Development Review Process. Most development proposals follow the steps below. Depending on the project, some steps may not apply, may happen at the same time, or may require more than one permit. 1. Pre-Application. Before submitting a development permit application, applicants are encouraged to meet with City staff to discuss the project, applicable regulations, required permits, review procedures, and potential site constraints. Some types of permits require an applicant to attend a preapplication conference and hold a neighborhood meeting prior to submittal of an application. See AMC 19.20.090, Preapplication Conference and AMC 19.20.100, Pre-application neighborhood meeting. 2. Project Permit Review. The City reviews the proposal to determine whether it complies with the applicable zoning and use standards, project design, form and intensity, critical areas regulations, and other land use requirements applicable to the project. Depending on the project, this review may include site plan review, preliminary land division review, conditional use permit, variance, shoreline permit, critical area permit, or other land use approvals. Project permit review determines whether and how the project may be developed, but it does not authorize construction. 3. State Environmental Policy Act (SEPA) Review. If required, the City conducts environmental review under SEPA as part of the development permit review process. See Chapter 43.21C RCW and AMC 18.04. 4. Site Construction Permit and Building Permit Review. After all required project permits have been approved, the City reviews detailed architectural, structural, and engineering plans for compliance with building codes, engineering standards, utility requirements, other technical regulations, and any applicable land use approvals. Site construction permits and building permits authorize construction of site improvements and buildings. 5. Construction and Inspections. Site improvements and buildings must be constructed in accordance with the approved plans, permit conditions, and applicable regulations. The City may inspect the work during construction to verify compliance with permit requirements. 6. Project-Completion and Ongoing Compliance. Before a project may be occupied, accepted, or receive final approval, all required inspections, testing, certifications, conditions of approval, and other permit requirements must be completed. Any required financial guarantees, maintenance securities, or similar assurances must also be provided before final acceptance, as applicable. 7. Ongoing Compliance. Following project completion, property owners remain responsible for complying with any ongoing permit conditions or maintenance obligations, including, where applicable, monitoring reports, maintenance of mitigation areas, operation of stormwater facilities, financial guarantees, and other long-term requirements imposed by permit approval or applicable regulations, 6 Page 15 of 32 19.20.030 Types of review. A. Decisions on applications and other actions are governed by several types of review processes, described and distinguished in this section. The types of review are generally organized in ascending order of significance, amount of public process, and level of discretion exercised by the decision-maker. B. Table 19.20.030-1 identifies the applicable types of review for all applications and other actions governed by this Title, and describes the process for each type of review. 1. The types of applications and other actions that are subject to each type of review are listed in the column immediately beneath the heading for each type of review. 2. The remainder of each type of review column identifies the processes required for each type of review are further described by the remainder of the column beneath the heading for each type. 3. The remainder of this chapter describes the requireddescribes in more detail the processes for each type of review. Table 19.20.030-1 Review classification and process matrix Types of Review Type 1 Type 2 Type 3 Type 4 Administrative Administrative Hearing City Council Ministerial Actions Decisions Examiner Decisions Decisions Types of • Assessment of • Administrative • Binding site • Essential public Applications impact fees per conditional use plans, 10 or facilities, Type 1 (AMC permits, including more lots (AMC (AMC 19.24) and Actions home occupation 19.32) Chapter 3.93) • Framework • Boundary line permits (AMC • Conditional use 19.47) permits, except development adjustments (AMC • Binding site administrative plans (AMC 19.34) plans, less than CUPs (AMC 19.61, 19.20) • Building, mechanical and 10 lots (AMC 19.36) • Site-specific plumbing permits 19.32) • Critical area rezones (AMC 19.14) • Critical area variance – authorized by • Clearing and permit – Reasonable use the grading permits Permitted exception (AMC Comprehensive (AMC 19.76; 19.14) alteration (AMC 19.70) Plan • Critical area letter 19.70) • Essential Public of exemption (AMC • Level 1 variances Facilities, Type 19.70) (AMC 19.38) 2 (AMC 19.24) • Expiration of • Preliminary short • Level 2 application (AMC subdivisions variances (AMC 19.28) • SEPA threshold 19.38) • Extension of time determinations • Preliminary long for approval (AMC (AMC 18.04) subdivisions 19.28) • Shoreline (AMC 19.32) • Fence permits substantial • Shoreline • Lot status development conditional use determination permits (SSDPs) and variance (AMC 19.20) (AMC 18.16) permits (AMC • Minor permit • Site plan review – 18.16) revisions (AMC Type 2 (AMC • Zone boundary 19.28) 19.3X), 10 or determination • Shoreline more dwelling (AMC 19.40) exemptions (AMC units, 12,000 sq. 18.16) ft. or more of nonresidential 7 Page 16 of 32  Types of Review Type 1 Type 2 Type 3 Type 4 Administrative Administrative Hearing City Council Ministerial Actions Decisions Examiner Decisions Decisions • Site construction gross floor area, permit (AMC 19.35) or 20,000 sq/ ft. • Sign permits (AMC or more of 19.14 & 19.67) nonresidential • Site plan review – site Type 1 (AMC 19.30) improvements , less than 10 (AMC 19.30) dwelling units, less • Stormwater than 12,000 sq. ft. Management of nonresidential Manual gross floor area, or exceptions (AMC less than 20,000 19.76) sq. ft. of nonresidential site improvements (AMC 19.30) [No changes to remaining table] 19.20.040 Consolidated review. A. Optional Consolidated Application Processing. 1. Project Permits. All A projects that involves two or more application processes may, at the applicant’s written request, be processed collectively under the highest numbered type procedure required for any part of the application or may be processed individually under each of the applicable review procedures. If the application is processed under the individual procedures option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. 2. Site Construction Permits and Building Permits. An application for a site construction permit or a building permit, and one or more required project permits may be submitted and reviewed together. a. Consolidated review is intended to improve review efficiency. b. Consolidated review may not authorize issuance of a site construction permit or building permit before all required project permits have been approved. c. An applicant who chooses consolidated review waives their right to have their applications for their site construction permit and building permit processed within the applicable review time periods. d. Any changes required by the project permit review must be incorporated into the site construction permit or building permit prior to issuance. B. C.B. Integration of Environmental Review. An application for a development permit that is subject to the State Environmental Policy Act (SEPA) must be reviewed per AMC Chapter 18.04, State Environmental Policy Act, concurrently with review of the development permit application except where exempted by that chapter. D.C. Per RCW 36.70B.060050, review of an application, including any administrative appeal of a SEPA procedural isdetermination, is allowed only one open record hearing and one closed record appeal hearing. 8 Page 17 of 32 E.D. The appeal of a SEPA procedural determination of significance is not subject to this section. 19.20.050 Eligibility for permits [initial draft amendments were presented at the 5/12/26 PC meeting; a revised draft will be presented at a future PC meeting] 19.20.060 Lots of Record [initial draft amendments were presented at the 5/12/26 PC meeting; a revised draft will be presented at a future PC meeting] 19.20.070 Vesting. [No changes] 19.20.080 Requirement for public notices. [No changes] 19.20.090 Pre-application conference. [No changes] 19.20.100 Pre-application neighborhood meeting. [No changes] 19.20.110 Application – Contents and completeness – Revisions – Expiration. [No changes] 19.20.120 Application – Notice. [No changes] 19.20.130 Application – Department review. [No changes] 19.20.140 Public hearings and meetings. [No changes] 19.20.150 Public hearing – Notice. [No changes] 19.20.160 Decision – Timing. [No changes] 19.20.170 Decision – Notice. [No changes] 9 Page 18 of 32 19.20.180 Appeals. [No changes] 19.20.190 Remand. [No changes] 19.20.200 Reconsideration. [No changes] 19.20.210 Exhaustion of administrative remedies. 19.20.220 Departures A. Overview and Purpose. This title provides for a number of specific departure opportunities to development standards. The purpose is to provide applicants with the option of proposing alternative design treatments, provided such departures meet the purpose of the particular standard and any additional departure criteria established for the particular departure opportunity. B. Departures Are Voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis, provided they meet the purpose of the standard and applicable departure criteria as noted above. C. Applicability. Departure opportunities are available only where noted for specific standards. D. Procedures. Permit applications that include departure requests go through the standard review procedures in this chapter, depending on the application type. E. Approval Criteria. Project applicants must successfully demonstrate to the decision-maker how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that apply to the specific standard. F. Documentation. The decision-maker must document the reasons for approving all departures (to be maintained with project application records) for the purpose of providing consistency in decision-making by the city. The Department must provide a report on departures, which include departure applications and decisions, at a minimum interval of every two years. 10 Page 19 of 32 NEW CHAPTER 19.21 Administrative Flexibility 19.21.010 Purpose. Purpose. The purpose of this section is to establish a consistent framework for providing limited administrative flexibility in the application of development regulations while: A. Preserving the purposes and intent of this Title, B. Implementing the goals and policies of the Comprehensive Plan; C. Accommodating site-specific conditions and circumstances not reasonably anticipated by generally applicable regulations; D. Promoting predictable and efficient permit review; and E. Avoiding unnecessary variances. 19.21.020 Authority. A. A request for administrative flexibility may be approved by the Director only as expressly authorized by this chapter and other applicable provisions of this Title. B. Limitations. Nothing in this section authorizes: 1. A prohibited land use; 2. Relef from regulations governing critical areas, shorelines, or flood hazards; 3. Relief from other regulations with separate approval procedures, including stormwater exceptions, adjustments, and variances per AMC 19.76.040 and public street improvement modifications, deferments, waivers, and in-lieu options, per AMC 19.51.060. 4. Waiver of applicable building, fire, health, engineering, life-safety, or public infrastructure requirements. 5. Relief that would conflict with any applicable local, state, or federal law. 19.21.030 Types of Administrative Flexibility A. Administrative flexibility under this section consists of: 1. Departures, where this Title expressly authorizes an alternative method of complying with a specific development standard. 2. Administrative Exceptions, which authorize limited modifications to eligible development regulations in accordance with this section. B. Relationship to other relief mechanisms. 1. Where this Title expressly authorizes a departure for a particular standard, that departure must be used in lieu of an administrative exception. 2. Departures and administrative exceptions are administrative approvals and do not constitute variances. 3. Requests that exceed the authority granted by this section must be processed as a variance where authorized by this Title. 11 Page 20 of 32 19.21.100 Departures. G.A. Overview and Purpose. This title provides for a number of specific departure opportunities to development standards. The purpose is to provide applicants with the option of proposing alternative design treatments, provided such departures meet the purpose of the particular standard and any additional departure criteria established for the particular departure opportunity. H.B. Departures Are Voluntary. This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis, provided they meet the purpose of the standard and applicable departure criteria as noted above. I.C. Applicability. Departure opportunities are available only where noted for specific standards. J.D. Procedures. Permit applications that include departure requests go through the standard review procedures in this chapter, depending on the application type. K.E. Approval Criteria. Project applicants must successfully demonstrate to the decision-maker how the proposed departure meets the purpose(s) of the standard and other applicable departure criteria that apply to the specific standard. L.F. Documentation. The decision-maker must document the reasons for approving all departures (to be maintained with project application records) for the purpose of providing consistency in decision-making by the city. The Department must provide a report on departures, which include departure applications and decisions, at a minimum interval of every two years. 19.21.200 Administrative Exceptions. A. Purpose. Administrative exceptions provide limited administrative flexibility to implement the purposes of this Title and the Comprehensive Plan where strict application of eligible development regulations would not reasonably advance those purposes because of unusual site-specific circumstances. B. Applicability. Administrative exceptions may be approved for development regulations administered under this Title that govern: 1. Form and intensity standards (AMC 19.42); 2. Use standards (AMC 19.43-19.49); 3. Private driveways and access (AMC 19.53); 4. Subdivision design and block structure (AMC 19.54); and 5. Project design (AMC 19.60-19.67 and 19.69). C. Administrative exceptions may include: 1. Reductions in objective dimensional or numeric standards not exceeding (5%-10%) percent where those standards cannot be reasonably achieved; and 2. Limited modifications to other eligible development standards where strict application of the regulation would not further the purpose and intent of the regulation because of site-specific conditions, existing development patterns, infrastructure constraints, unusual physical characteristics, or other circumstances not reasonably anticipated when the regulation was adopted. D. Review Procedures. A request for an administrative exception must be reviewed concurrently with the underlying development permit application and does not require a separate permit application. E. Approval Criteria. A request for an administrative exception may be approved upon finding that the applicant has demonstrated that all the following criteria are met: 12 Page 21 of 32  1. If the requested administrative exception involves an objective dimensional or numeric development standard, the modification does not exceed the maximum adjustment authorized by this section: 2. The requested administrative exception is the minimum necessary to address the identified circumstance; 3. If the requested administrative exception is granted, the proposal will remain consistent with the overall purpose and intent of this Title and will further the applicable goals and policies of the Comprehensive Plan; and 4. The requested administrative exception will not create material adverse impacts to public health, safety, environmental resources, public infrastructure, or adjacent properties. F. Conditions. Reasonable conditions may be imposed as necessary to ensure compliance with the approval criteria and purposes of this section. G. Documentation. Written findings supporting approval or denial of each administrative exception must be provided and become part of the project record. Chapter 19.28 Permit Revision and Expiration 19.28.010 Permit revision. [no changes] 19.28.020 Permit expiration. A. Expiration schedule. A Ppermits or and approvals issued under this Title have the following initial terms until expiration,must expire in accordance with AMC Table 19.28.020 unless otherwise provided by state law, this Title, or a condition of approval. A.B. A permit or approval and may be extended the number of times indicated for the length of extension indicated if the applicant requests such and demonstrates a good faith attempt to complete the proposed development activity necessary to meet the conditions of approval: 13 Page 22 of 32  Table 19.28.020 Permit terms and extensions. Number of Length of Each Allowed Extension Type of Permit or Approval Initial Term Extensions Boundary line adjustment 1 year to record 0 n/a Building permits 18 months 1 18 months Clearing, grading, grubbing Sign permits Clearing, grading, grubbing 1 year to complete work 1 6 months Conditional use permit 5 years to establish use 1 1 year Fence permit 18 months 1 18 months Floodplain development X permit Framework development plan No expiration, unless set forth in n/a n/a approved plan Preliminary plat, short Time to submit final plat is as set forth in0 n/a plat, binding site planland RCW 58.17.140 See RCW division approval 58.17.140 Critical area permit per AMC 5 years to establish use 1 1 year 19.70 2 years to obtain a building permit or site (permitted alteration or construction permit. If none is required, reasonable use variance) expires 2 years after issuance unless Reasonable use exception development has commenced. Critical area exemption Thereafter, remains valid only while the Shoreline exemption associated building permit or site Site plan review construction permit remains valid. Shoreline exemption 1 year per SMP 0 n/a Shoreline permits 2 years to commence construction; 5 1 1 year years maximum. See WAC 173-27- 090(4) and AMC 18.16.130. Sign permit 18 months 1 18 months Site Construction Permit X X X Site plan review 18 months to apply for building permit 1 18 months Special use permit See applicable code section Variance 5 years to establish use 1 1 year Wetland delineation 5 years from city approval 0 n/a verification C. Shortening Modification of Permit Term. 1. The city may, when issuing a decision, require a shorter expiration period than that indicated in sSubsection A of this sSection when the nature, scale, location, or impacts of the specific development is are such that the normal expiration period is unreasonable or would 14 Page 23 of 32  adversely affect the health, safety, or general welfare of people working or residing in the area of the proposal. 2. The decision-maker may impose specific timelines or performance deadlines as conditions of approval where authorized by this title or applicable law. B.3. The decision-maker may adopt time limits as a part of action on shoreline permits, in accordance with WAC 173-27-090. D. Commencement of Permit Term. 1. Except as otherwise provided by law, Tthe term for a permit will commence on the date of the final decision.; 2. If the decision except that in the event the decision is appealed, the effective date will be the date of decision on appeal. C.3. The term for a shoreline permit will commence on the effective date of the permit as defined in WAC 173-27-090. D.E. When Permit Expires. 1. A permit issued under this title will expire if, on the date the permit expires, the project sponsor has not performed the work indicated in Table 19.28.020 or fulfilled the requirements of the applicable permit. 2. Exception. The initial permit term does not include the time during which a permit was not actually pursued by construction because of pending litigation related to the permit or because the applicant was diligently pursuing permits from other agencies necessary for construction. Extension of Land Use Applications. An extension may be granted by the Director for one year if the applicant has attempted in good faith to complete the proposed development activity necessary to meet the conditions of approval. Extension of Shoreline Permits. In accordance with AMC 18.16.130. 15 Page 24 of 32 Division 3. Permits & Approvals. 19.30 Site Plan Review 19.32 Land Divisions 19.34 Boundary Line Adjustments 19.36 Conditional Uses 19.38 37 Variances NEW CHAPTER 19.38 Site Construction Permits NEW CHAPTER 19.39 Building Permits 19.30 Site Plan Review 19.30.010 Purpose. To ensure that site plans are reviewed to achieve the following purposes The purpose of this chapter is to establish a coordinated process to apply the site planning requirements of Title 19 to an individual development proposal and streamlines review of subsequent building and site construction permit applications. Compliance with the provisions of the AMC and all other applicable laws. Coordination, as is reasonable and appropriate, with other known or anticipated development on private properties in the area and with known and anticipated right-of-way and other public projects in the area. The encouragement of proposals that embody good design principles that will result in high- quality development on the subject property. The adequacy of streets and utilities in the area of the subject property to serve the anticipated demand from the proposal. Determination that the proposed street access to the subject property is the suitable location and configuration for access. To ensure that low impact development (LID) principles and best management practices (BMPs) are integrated into site design 19.30.020 Applicability. A. Site plan review and approval is required for all proposed development involving new construction, site development, redevelopment, or change of use unless this Title expressly exempts the development or provides an alternative review process. All nonsubdivision development proposals will be subject to site plan review and approval except repair, maintenance, and interior remodeling. B. Site plan review is not required for the following: 1. Interior alterations, consistent with RCW 36.70B.140(3), that do not result in: a. Additional sleeping quarters or bedrooms; b. Nonconformity with the Federal Emergency Management Agency substantial improvement thresholds; c. Increase the total square footage or valuation of the structure to thereby require upgraded fire access or fire suppression systems. 16 Page 25 of 32  For purposes of this subsection, “interior alterations” means construction activities that do not modify the existing site layout or approved use of the site and do not involve exterior work that increases the building footprint. 2. Ordinary maintenance and repair that does not materially alter the approved site, a structure, circulation system, landscaping, drainage facilities, utilities, or the approved use of a property. 3. Replacement in-kind of paving, landscaping, fencing, lighting, utilities, or other site improvements that do not increase capacity, intensity of use, or nonconformity. 4. Emergency repairs necessary to protect public health, safety, or property, provided all required permits are subsequently obtained. 5. Preliminary and final land divisions. C. Timing of Application. An application for site plan review may be submitted: 1. With an application for a building permit, site construction permit, or other project permit; or 2. Independently, to establish development feasibility and consistency with applicable regulations before applying for additional permits. 19.30.030 Application requirements. E.A. An application must be submitted to the Department on forms provided by the Department and include applicable fees and all required information in the application submittal checklist. B. An application must include sufficient information to demonstrate compliance with the approval criteria of this chapter and to support environmental review under SEPA, when applicable. Site plan review applications are reviewed per AMC Chapter 19.20, Application Procedures. F. The Department may optionally request a three-dimensional visualization of proposed development that will exceed a building height of 40 feet to help determine compliance with applicable building design standards (AMC Chapter 19.63). 19.30.040 Review Process. Site plan review applications are processed in accordance with AMC Chapter 19.20. 19.30.050 Approval Criteria & Decision. A. Criteria. Site plan approval may be granted only if the application demonstrates that the proposed development and site plan: 1. Comply with the applicable zoning and development regulations governing the use and development of the property; 2. Comply with applicable development regulations and design standards, including but not limited to site design, including the location and design of buildings, access, circulation, parking, loading, landscaping, open space, drainage, and other site improvements; 3. Adequately provides for all public and private infrastructure necessary to serve the development, including but not limited to, utilities, transportation improvements, drainage and stormwater facilities, and emergency access, can be provided in accordance with applicable regulations, engineering standards, and adopted plans; and 4. Comply with applicable environmental regulations, including critical areas, shoreline, floodplain, stormwater, and other natural resource protection requirements. 17 Page 26 of 32 B. Decision on Site Plan Review. A site plan may be approved only if the application satisfies the criteria in this subsection. The approved site plan must identify the approved use or uses, site layout, notes, conditions, and other information necessary to conduct review of subsequent building and site construction permit applications. 19.30.040 Review criteria.Conformance with all other applicable laws, ordinances and regulations. Conformance with AMC Chapter 19.59, Underground Utilities. Conformance with AMC Chapter 19.22, Concurrency. Conformance with the applicable zoning provisions of Division 4 of this title, including: AMC Chapter 19.41, Allowed Uses. AMC Chapter 19.42, Form and Intensity Standards. The applicable use standards of AMC Chapters 19.43 through 19.48 . Conformance with the applicable community design provisions of Division 5 of this title, including: AMC Chapter 19.51, Public Street Improvements Required. AMC Chapter 19.52, Public Street Design. AMC Chapter 19.53, Private Driveways and Access. AMC Chapter 19.54, Subdivision Design and Block Structure. Conformance with the applicable project design provisions of Division 6 of this title, including: AMC Chapter 19.61, Block Frontage Standards. AMC Chapter 19.62, Site Planning. AMC Chapter 19.63, Building Design. AMC Chapter 19.64, Parking. AMC Chapter 19.65, Landscaping. AMC Chapter 19.66, Fences, Walls and Hedges. AMC Chapter 19.67, Signs. AMC Chapter 19.69, Standards, Generally. Conformance with other applicable environmental provisions, including: AMC Chapter 19.70, Critical Area Regulations. AMC Chapter 18.04, State Environmental Policy Act. AMC Chapter 18.16, Shoreline Master Plan. AMC Chapter 19.76, Stormwater.AMC Chapter 19.78, Clearing and Grading. 19.30.060 Effect of Approval A. Approval of a site plan establishes that, based on the information submitted, the proposed development complies with the approval criteria of this chapter and establishes the approved development framework. B. Site plan approval does not constitute approval of final engineering design or authorize construction. Final engineering design, construction plans, and related technical documents must be reviewed and approved through one or more applicable site construction permit or building permits. 18 Page 27 of 32 C. An approved site plan governs subsequent review of site construction permit and building permits implementing the approved development until it expires, is modified, or revoked pursuant to this Title. Subsequent permit review is limited to determining consistency with the approved site plan and compliance with applicable construction codes and engineering standards, unless additional review is authorized under subsection (D) of this Section. D. Review of Future Applications. Compliance with the approved site plan constitutes compliance with the approval criteria of this chapter for purposes of subsequent site construction permit and building permit review. The Department must not require additional review of the approval criteria in this Section except when one or more of the following applies: 1. The project(s) proposed in a site construction permit or building permit application are materially inconsistent with the approved site plan; 2. Applicable regulations or conditions affecting the property have materially changed since site plan approval; 3. Information material to the site plan approval was inaccurate or incomplete; 4. The applicant requests a modification to the approved site plan; 1.5. The site plan approval has expired pursuant to AMC Ch. 19.28. Chapter 19.32 Land Divisions [no changes] Chapter 19.34 Boundary Line Adjustments [no changes] Chapter 19.36 Conditional Uses [no changes] Chapter 19.378 Variances [renumber sections; otherwise, no changes] NEW CHAPTER 19.38 Site Construction Permit 19.38.010 Purpose. A. The purpose of this chapter is to establish a Site Construction Permit process for review, approval, construction, and inspection of public and private infrastructure improvements and land disturbing activities necessary to implement approved development. B. Site Construction Permit review ensures compliance with applicable engineering standards, design standards, and approved project permits. 19 Page 28 of 32 C. Site Construction Permit review and is intended to implement—not reconsider—land use decisions, site layout, environmental determinations, infrastructure feasibility, or other matters previously established through Site Plan Review or other land use approvals. 19.38.020 Applicability. A. Except as provided in subsection (B), a Site Construction Permit is required for: 1. Construction to implement a preliminary land division or a cottage development site plan; 2. Multifamily development of more than four units; 3. Any development that proposes new or extended public utilities or infrastructure; 4. Any development that proposes utilities or infrastructure to be shared among multiple units. B. A Site Construction Permit is not required for: 1. Internal remodeling; 2. Routine maintenance and repair; 3. Emergency repair work necessary to protect life, property, or public infrastructure, provided the City is notified as soon as practicable; 4. Activities specifically exempted by the Director because engineering review is unnecessary to ensure compliance with applicable standards; 5. Improvements reviewed through another construction permit that includes engineering review equivalent to this chapter. 19.38.030 Application Requirements. A. Applications must be submitted on forms provided by the Department together with applicable fees. B. Applications must include sufficient information to demonstrate compliance with the approval criteria of this chapter. C. Unless waived by the City, applications must include: 1. Engineering plans prepared, signed, and stamped by a professional engineer licensed in Washington. 2. Grading, drainage, utility, stormwater, erosion and sediment control, traffic control, and construction phasing plans, as applicable. 3. Required engineering reports and supporting calculations. 4. Engineer's cost estimate for required improvements. 5. Proposed easements and dedications, when applicable. 6. Applicable land use approvals and conditions of approval. 7. A narrative demonstrating consistency with approved Site Plan Review, applicable land use approvals, required mitigation measures, and public improvement requirements. 8. Other information required by the City to determine compliance with this chapter. 19.38.035 Review Process. Site Construction Permit applications are processed in accordance with AMC Chapter 19.20. 20 Page 29 of 32 19.38.040 Approval Criteria & Decision A. Criteria. A Site Construction Permit may be approved only if the application demonstrates that: 1. Engineering plans comply with applicable construction codes, engineering standards, public works specifications, and other applicable regulations. 2. The proposed improvements are consistent with the approved Site Plan Review, applicable land use approvals, and associated conditions of approval. 3. Required utilities, transportation improvements, grading, drainage, stormwater facilities, erosion and sediment control measures, and other infrastructure improvements comply with applicable regulations and engineering standards. 4. Required environmental mitigation measures and permit conditions are incorporated into the engineering plans. B. Decision. A Site Construction Permit may be approved only if the application satisfies the criteria in this section. The approved permit must identify the approved engineering plans, specifications, notes, conditions, and other information necessary to authorize construction. 19.38.050 Effect of Approval. A. Approval of a Site Construction Permit establishes that, based on the information submitted, the engineering plans comply with the approval criteria of this chapter. B. Approval of a Site Construction Permit authorizes construction only as shown on the approved engineering plans and subject to all applicable conditions of approval. C. Site Construction Permit review implements approved development and does not modify an approved Site Plan Review or other land use approval except as expressly authorized by this Title. D. Review under this chapter is limited to technical and engineering compliance with applicable construction codes, engineering standards, issued land use approvals, and associated conditions of approval. E. Engineering adjustments. Engineering plans submitted for a Site Construction Permit must be substantially consistent with the approved Site Plan Review or other land use approval. 1. The City may approve minor engineering adjustments necessary to comply with engineering standards, address field conditions, or implement approved infrastructure improvements, if the adjustment: a. Does not increase development intensity; b. Does not create significant additional environmental impacts; c. Does not materially alter approved access, circulation, drainage concepts, or utility service assumptions; d. Does not conflict with conditions of approval; and e. Remains consistent with the approved land use permit approval. 2. Engineering adjustments that materially alter the approved site plan or land use permit approval require modification of the site plan or other land use approval before approval of the Site Construction Permit. 19.38.060 Performance Security A. Prior to permit issuance, the City may require performance security to guarantee completion of required improvements. 21 Page 30 of 32 B. The amount and form of security is determined by the City and must be sufficient to cover the estimated cost of completing the required improvements. 19.38.070 Preconstruction Requirements Prior to commencing work, the permittee must: A. Obtain all required permits. B. Provide required performance security. C. Attend a preconstruction meeting when required. D. Install required erosion and sediment control measures. E. Identify critical areas, buffers, easements, and other protected features and areas, as required. F. Satisfy all applicable permit conditions. 19.38.080 Inspections A. All work authorized by a Site Construction Permit is subject to inspection by the City. B. Work may not proceed beyond inspection points designated in the issued permit until approved. C. The City may require correction of work that does not comply with approved plans or applicable standards. 19.38.100 Completion and Acceptance A. Upon completion of the work, the permittee must submit record drawings when required by the City. B. The City must conduct a final inspection to ensure compliance with approved plans and applicable standards. C. Public improvements may not be accepted by the City until all applicable requirements have been satisfied. NEW CHAPTER 19.39 Building Permits 19.39.010 Purpose A. The purpose of this chapter is to establish a building permit process for review of construction regulated by the City's adopted building codes. Building permit review verifies compliance with applicable construction codes and implements approved development through detailed review of building design and construction. 19.39.020 Applicability A. A building permit is required whenever required by AMC Ch. 19.14. B. Exemptions from building permit requirements are governed by AMC Ch. 19.14. 19.39.030 Relationship to Other Permits A. A building permit does not constitute approval of a project permit, site construction permit, or other development approval, unless the applicant has applied for consolidated review per AMC 19.20.040, Consolidated review. 22 Page 31 of 32 B. A building permit may be submitted and reviewed concurrently with other permits as authorized by this Title but may not be issued until all required project permits have been approved unless otherwise authorized by this Title. C. A building permit must be consistent with: 1. Approved project permits and any applicable conditions of approval; 2. Approved site construction permit and any applicable conditions of approval; 3. Applicable codes adopted by AMC Ch. 19.14. 19.39.040 Application Requirements An application must be submitted to the Department on forms provided by the Department and include applicable fees and all required information in the application submittal checklist. 19.39.045 Review Process. Building permit applications are processed in accordance with AMC Chapter 19.20 and AMC Chapter 19.14. 19.39.050 Approval Criteria A. Criteria. A building permit may be approved only if the application demonstrates that: 1. The proposed construction complies with the codes adopted in AMC Ch. 19.14.. 2. The proposed construction is consistent with any required approved project permit, any required approved site construction permit, and all applicable conditions of approval. 3. Required engineering approvals, utility approvals, and other permits necessary for project construction have been obtained or are approved concurrently as authorized by this Title. B. Decision. A building permit may be approved only if the application satisfies the criteria of this section. 19.39.060 Effect of Approval. A. Approval of a building permit establishes that the proposed construction complies with the applicable codes adopted in AMC Ch. 19.14 based on the information submitted. B. Building permit review is limited to review for compliance with applicable codes adopted in AMC Ch. 19.14 and implementation of approved project permits C. Building permit approval does not modify an approved project permit, site construction permit, or other development approval except as expressly authorized by this Title. D. Building permit review may not reconsider: 1. Land use compliance; 2. Approved site layout; 3. Infrastructure feasibility; 4. Environmental determinations; or 5. Other matters previously established through project permit review except as expressly authorized by this Title. 23 Page 32 of 32