§ 23.76.006. Master Use Permits required

A.

Type I, II, and III decisions are components of Master Use Permits. Master Use Permits are required for all projects requiring one or more of these decisions.

B.

The following decisions are Type I:

1.

Determination that a proposal complies with development standards;

2.

Establishment or change of use for uses permitted outright, uses allowed under Section 23.42.038, temporary relocation of police and fire stations for 24 months or less, transitional encampment interim use, temporary uses for four weeks or less not otherwise permitted in the zone, and renewals of temporary uses for up to six months, except temporary uses and facilities for light rail transit facility construction and transitional encampments;

3.

The following street use approvals:

a.

Curb cut for access to parking, whether associated with a development proposal or not;

b.

Concept approval of street improvements associated with a development proposal, such as additional on-street parking, street landscaping, curbs and gutters, street drainage, sidewalks, and paving;

c.

Structural building overhangs associated with a development proposal;

d.

Areaways associated with a development proposal;

4.

Lot boundary adjustments;

5.

Modification of the following features bonused under Title 24:

a.

Plazas;

b.

Shopping plazas;

c.

Arcades;

d.

Shopping arcades; and

e.

Voluntary building setbacks;

6.

Determinations of Significance (determination that an Environmental Impact Statement is required) for Master Use Permits and for building, demolition, grading, and other construction permits (supplemental procedures for environmental review are established in Chapter 25.05, Environmental Policies and Procedures), except for Determinations of Significance based solely on historic and cultural preservation;

7.

Discretionary exceptions for certain business signs authorized by subsection 23.55.042.D;

8.

Waiver or modification of required right-of-way improvements;

9.

Special accommodation pursuant to Section 23.44.015;

10.

Reasonable accommodation;

11.

Minor amendment to Major Phased Development Permit;

12.

Streamlined design review decisions pursuant to Section 23.41.018 if no development standard departures are requested pursuant to Section 23.41.012, and design review decisions in an MPC zone if no development standard departures are requested pursuant to Section 23.41.012;

13.

Shoreline special use approvals that are not part of a shoreline substantial development permit;

14.

Determination that a project is consistent with a planned action ordinance, except as provided in subsection 23.76.006.C;

15.

Decision to approve, condition, or deny, based on SEPA policies, a permit for a project determined to be consistent with a planned action ordinance;

16.

Determination of requirements according to subsections 23.58B.025.A.3.a, 23.58B.025.A.3.b, 23.58B.025.A.3.c, 23.58C.030.A.2.a, 23.58C.030.A.2.b, and 23.58C.030.A.2.c;

17.

Decision to increase the maximum height of a structure in the DOC2 500/300-550 zone according to subsection 23.49.008.F;

18.

Decision to increase the maximum FAR of a structure in the DOC2 500/300-550 zone according to subsection 23.49.011.A.2.n;

19.

Minor revisions to an issued and unexpired MUP that was subject to design review, pursuant to subsection 23.41.008.G;

20.

Building height departures for minor communication facilities in downtown zones, pursuant to Section 23.57.013; and

21.

Other Type I decisions.

C.

The following are Type II decisions:

1.

The following procedural environmental decisions for Master Use Permits and for building, demolition, grading, and other construction permits are subject to appeal to the Hearing Examiner and are not subject to further appeal to the City Council (supplemental procedures for environmental review are established in Chapter 25.05, Environmental Policies and Procedures):

a.

Determination of Non-significance (DNS), including mitigated DNS;

b.

Determination that a final Environmental Impact Statement (EIS) is adequate; and

c.

Determination of Significance based solely on historic and cultural preservation.

2.

The following decisions are subject to appeal to the Hearing Examiner (except shoreline decisions and related environmental determinations that are appealable to the Shorelines Hearings Board):

a.

Establishment or change of use for temporary uses more than four weeks not otherwise permitted in the zone or not meeting development standards, including the establishment of temporary uses and facilities to construct a light rail transit system for so long as is necessary to construct the system as provided in subsection 23.42.040.F, but excepting temporary relocation of police and fire stations for 24 months or less;

b.

Short subdivisions;

c.

Variances, provided that the decision on variances sought as part of a Council land use decision shall be made by the Council pursuant to Section 23.76.036;

d.

Special exceptions, provided that the decision on special exceptions sought as part of a Council land use decision shall be made by the Council pursuant to Section 23.76.036;

e.

Design review decisions, except for streamlined design review decisions pursuant to Section 23.41.018 if no development standard departures are requested pursuant to Section 23.41.012, and minor revisions to an issued and unexpired MUP that was subject to design review, building height increases for minor communication utilities in downtown zones, and design review decisions in an MPC zone pursuant to Section 23.41.020 if no development standard departures are requested pursuant to Section 23.41.012;

f.

Administrative conditional uses, provided that the decision on administrative conditional uses sought as part of a Council land use decision shall be made by the Council pursuant to Section 23.76.036;

g.

The following shoreline decisions, provided that these decisions shall be made by the Council pursuant to Section 23.76.036 when they are sought as part of a Council land use decision (supplemental procedures for shoreline decisions are established in Chapter 23.60A):

1)

Shoreline substantial development permits;

2)

Shoreline variances; and

3)

Shoreline conditional uses;

h.

Major Phased Developments;

i.

Determination of project consistency with a planned action ordinance, only if the project requires another Type II decision;

j.

Establishment of light rail transit facilities necessary to operate and maintain a light rail transit system, in accordance with the provisions of Section 23.80.004;

k.

Downtown planned community developments;

l.

Establishment of temporary uses for transitional encampments, except transitional encampment interim uses provided for in subsection 23.76.006.B.2;

m.

Decision to waive or modify development standards relating to structure width or setbacks for a youth service center pursuant to subsection 23.51A.004.B.6;

n.

Determination of requirements according to subsections 23.58B.025.A.4 and 23.58C.030.A.3;

o.

Except for projects determined to be consistent with a planned action ordinance, decisions to approve, condition, or deny based on SEPA policies if such decisions are integrated with the decisions listed in subsections 23.76.006.C.2.a through 23.76.006.C.2.m; provided that, for decisions listed in subsections 23.76.006.C.2.c, 23.76.006.C.2.d, 23.76.006.C.2.f, and 23.76.006.C.2.g that are made by the Council, integrated decisions to approve, condition, or deny based on SEPA policies are made by the Council pursuant to Section 23.76.036;

p.

Determination of public benefit for combined lot development; and

q.

Major revisions to an issued and unexpired MUP that was subject to design review, pursuant to subsection 23.41.008.G.

(Ord. 125603 , § 70, 2018; Ord. 125558 , § 59, 2018; Ord. 125429 , § 24, 2017; Ord. 125374 , § 4, 2017; Ord. 125319 , § 1, 2017; Ord. 125291 , § 47, 2017; Ord. 125272 , § 62, 2017; Ord. 125233 , § 12, 2016; Ord. 125108 , § 6, 2016; Ord. 124895 , § 4, 2015; Ord. 124843 , § 56, 2015; Ord. 124747 , § 5, 2015; Ord. 124105 , § 31, 2013; Ord. 123963, § 28, 2012; Ord. 123939, § 18, 2012; Ord. 123913, § 6, 2012; Ord. 123649, § 52, 2011; Ord. 123566, § 6, 2011; Ord. 123565, § 3, 2011; Ord. 123495, § 76, 2011; Ord. 122824, § 11, 2008; Ord. 122816, § 7, 2008; Ord. 122054 § 81, 2006; Ord. 121828 § 14, 2005; Ord. 121476 § 17, 2004; Ord. 121362 § 12, 2003; Ord. 121278, § 8, 2003; Ord. 120611, § 18, 2001; Ord. 119974, § 2, 2000; Ord. 119904, § 2, 2000; Ord. 119618, § 8, 1999; Ord. 119096, § 5, 1998; Ord. 118012, § 25, 1996; Ord. 117598, § 4, 1995; Ord. 117263, § 54, 1994; Ord. 117202, § 12, 1994; Ord. 116909, § 6, 1993; Ord. 115326, § 29, 1990; Ord. 113079, § 4, 1986; Ord. 112840, § 3, 1986; Ord. 112830, § 53, 1986; Ord. 112522, § 2(part), 1985)