Chapter 20.02
PROJECT PERMITTING
Sections:
20.02.040 Project permit processing procedures.
20.02.050 Submission requirements.
20.02.060 Application vesting.
20.02.070 Optional consolidated permitting process.
20.02.080 Preapplication conference.
20.02.090 Determination of completeness.
20.02.100 Notice of application.
20.02.120 Joint public hearing.
20.02.150 Development agreement review procedures.
20.02.155 Administration and enforcement.
20.02.010 Purpose and intent.
A. Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. This chapter establishes how the city of Centralia will process applications for project permits.
B. These procedures provide for an effective processing and review of permits consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.18 CMC, Hearing Examiner; CMC Title 18, Building Regulations; Chapter 16.04 CMC, State Environmental Policy Act Adopted; CMC Title 19, Subdivisions; Chapter 16.08 CMC, Shoreline Management Master Program; and other applicable codes making reference to this chapter. (Ord. 2209 § 2 (part), 2008).
20.02.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A. “City” means the city of Centralia.
B. “Closed-record appeal” means an administrative appeal on the record on a project permit application following an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
C. “Days” means calendar days.
D. “Department” means department of community development.
E. “Director” means the director of the community development department of the city of Centralia or his/her designee.
F. “Hearing body” means the city council, hearing examiner or any other body designated by the city council to preside over an open-record hearing or closed-record appeal.
G. “Hearing examiner” means the administrative hearing examiner pursuant to Chapter 2.18 CMC.
H. “Open-record appeal hearing” means an open-record hearing held on an appeal when no open-record predecision hearing has been held on the project permit application.
I. “Open-record hearing” means a hearing that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open-record hearing held prior to the city’s decision shall be known as an “open-record predecision hearing.”
J. “Parties of record” means:
1. The applicant;
2. The property tax payer as identified by the records available from the Lewis County assessor’s office;
3. Any person who testified at the open-record public hearing on the application; and/or
4. Any person who submitted written comments during administrative review or has submitted written comments concerning the application at the open-record public hearing (excluding persons who have only signed petitions or mechanically produced form letters).
K. “Project permit” or “project permit application” means any land use or environmental permit or license required from the city of Centralia for a project action, including but not limited to building permits, site development permits, land use preparation permits, subdivisions, binding site plans, planned unit developments, conditional use permits, shoreline substantial development permits, development plan review, site-specific rezones authorized by the comprehensive plan, but excluding adoption or amendment of the comprehensive plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsection.
L. “Public meeting” means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting may include, but is not limited to, a design review meeting, a special committee meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open-record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file.
M. “SEPA” means the State Environmental Policy Act and includes the provisions of Chapter 43.21C RCW, Chapter 197-11 WAC and Chapter 16.04 CMC. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020: Ord. 2209 § 2 (part), 2008).
20.02.030 General provisions.
A. General Exemptions. The following permits or approvals are exempt from the procedures set forth in this chapter:
1. Right-of-way/street use permits;
2. Permits or approvals relating to the use of public areas or facilities;
3. Project permits not listed in this chapter which are categorically exempt from SEPA;
4. Legislative actions such as the adoption of or amendments to the comprehensive plan, subarea plans, area-wide map amendments, and development regulations.
B. Applicable Procedures. The director shall determine the proper procedure for the processing of each project permit application pursuant to the provisions of this chapter. Disputes shall be resolved in favor of the higher category. Type I is considered the lowest and Type IV is the highest.
C. Standard Consistency. The city reviews proposals for consistency to applicable development regulations and the comprehensive plan. This determination includes consideration of the following:
1. The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied;
2. The density of development allowed such as units per acre or other measures of density;
3. Availability and adequacy of infrastructure, which includes public facilities and services identified in the comprehensive plan; and
4. Characteristics of the development such as development design standards.
D. Standard of Review. The land use regulations in effect on the date an application is vested will be the standard of review.
E. Conflict with Other Regulations. When any provisions of this chapter conflict with provisions of other city regulations, ordinances or resolutions, the more restrictive shall apply.
F. Severability. If any part or provision of this title or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operations to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances.
G. General Notice Requirements. The available records of the Lewis County assessor’s office shall be used to determine the property tax payer of record. All notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter shall not be grounds for invalidation of a decision on a permit.
H. Optional Public Notice. In addition to required public notice, the city may provide notice to other individuals or organizations interested or possibly affected by the proposal. Failure to provide optional public notice shall not be grounds for invalidation of a decision on a permit. (Ord. 2209 § 2 (part), 2008).
20.02.040 Project permit processing procedures.
Project permit applications are categorized as Type I, Type II, Type III or Type IV project permits. Permit processing procedures may include determination of completeness, notice of application, notice of public hearing and notice of decision. Applicable procedures for the processing of permits are pursuant to the following provisions:
A. Type I Project Permits. These are administrative decisions by the director who may approve, conditionally approve or deny the application. They include permits categorically exempt from SEPA review or that have had SEPA review completed in connection with another application or permit. Type I project permit processing procedures are set forth in Table 20.02.040.
B. Type II Project Permit. These are administrative decisions by the director with limited public notice. The director has the authority to approve, conditionally approve or deny the application. Type II project permit processing procedures are set forth in Table 20.02.040.
C. Type III Project Permit. These are hearing examiner decisions. The hearing examiner may approve, conditionally approve, or deny the application. Type III project permit processing procedures are set forth in Table 20.02.040.
D. Type IV Project Permit. These are decisions by the city council after a closed-record hearing. The city council may approve, conditionally approve, modify and approve or deny the application. Type IV project permit processing procedures are set forth in Table 20.02.040.
Table 20.02.040—Project Permit Processing Procedures
|
|
Application Type |
Determination of Completeness |
Notice of Application |
Notice of Hearing |
Notice of Decision |
|---|---|---|---|---|---|
|
1 |
Administrative determination/code interpretation |
No |
No |
No |
No |
|
2 |
Field variance of setback approval |
No |
No |
No |
No |
|
3 |
Building and other construction permits |
Yes |
No |
No |
No |
|
4 |
Clearing less than two acres of forest |
No |
No |
No |
No |
|
5 |
Demolition permit (exempt from SEPA) |
No |
No |
No |
No |
|
6 |
Fill and grading permit (exempt from SEPA) |
No |
No |
No |
No |
|
7 |
Landscaping or alternative landscaping plan |
No |
No |
No |
No |
|
8 |
Minor amendment to an approved preliminary plat** |
No |
No |
No |
No |
|
9 |
Minor amendment to an approved preliminary PUD** |
No |
No |
No |
No |
|
10 |
Minor amendment to other permits not listed |
No |
No |
No |
No |
|
11 |
Nonconforming use determinations |
No |
No |
No |
No |
|
12 |
Type I permit or approval revocation |
No |
No |
No |
No |
|
13 |
Recreational vehicle ninety-day permit |
No |
No |
No |
No |
|
14 |
Sign permit |
No |
No |
No |
No |
|
15 |
Site plan review (exempt from SEPA)* |
Yes |
No |
No |
No |
|
16 |
Temporary emergency wetland or stream permits |
No |
No |
No |
No |
|
17 |
Modification of critical areas standards (exempt from SEPA)*** |
No |
No |
No |
No |
|
18 |
Final short plat |
No |
No |
No |
No |
|
19 |
Design review |
No |
No |
No |
Yes |
|
20 |
Shoreline letter of exemption |
No |
No |
No |
No |
|
* Applicable to site plan review that is independent of and not part of a building or land use application. ** Director’s decision on minor amendments shall be sent to parties of record. *** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations. |
|||||
|
|
Application Type |
Determination of Completeness |
Notice of Application* |
Notice of Hearing |
Notice of Decision |
|---|---|---|---|---|---|
|
1 |
Demolition permit (requiring SEPA) |
Yes |
Yes |
No |
Yes |
|
2 |
Design review |
Yes |
Yes |
Yes |
No |
|
3 |
Fill and grading permit (requiring SEPA) |
Yes |
Yes |
No |
Yes |
|
4 |
Type II permit or approval revocation |
No |
No |
No |
No |
|
5 |
Site plan review (requiring SEPA) |
Yes |
Yes |
No |
Yes |
|
6 |
Shoreline permit revision |
Yes |
Yes |
No |
Yes |
|
7 |
Shoreline substantial development permit*** |
Yes |
Yes |
No |
Yes |
|
8 |
Wetland or stream assessment |
Yes |
Yes |
No |
Yes |
|
9 |
Wetland or stream development permit |
Yes |
Yes |
No |
Yes |
|
10 |
Building and other construction permits (requiring SEPA or design review) |
Yes |
Yes |
No |
Yes |
|
11 |
Modification of critical area standards (requiring SEPA)** |
Yes |
Yes |
No |
Yes |
|
12 |
Stand-alone nonproject SEPA |
No |
No |
No |
No |
|
* Notice of application shall be mailed to property owners within three hundred feet of the subject property. ** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations. *** This Type II decision only applies if a public hearing is not requested by the public. If a public hearing is requested, this decision becomes a Type III decision. |
|||||
|
|
Application Type |
Determination of Completeness |
Notice of Application |
Notice of Hearing |
Notice of Decision |
|---|---|---|---|---|---|
|
1 |
Shoreline substantial development permit |
Yes |
Yes |
Yes |
Yes |
|
2 |
Shoreline variance and conditional use |
Yes |
Yes |
Yes |
Yes |
|
3 |
Conditional use permit |
Yes |
Yes |
Yes |
Yes |
|
4 |
Type III permit approval revocation |
No |
No |
No |
No |
|
5 |
Variance |
Yes |
Yes |
Yes |
Yes |
|
|
Application Type |
Determination of Completeness |
Notice of Application |
Notice of Hearing |
Notice of Decision |
|---|---|---|---|---|---|
|
1 |
Rezone for site-specific property* |
Yes |
Yes |
Yes |
Yes |
|
2 |
Development agreement |
Yes |
No |
No |
No |
|
3 |
Text or map amendment to the comprehensive plan |
No |
No |
Yes |
Yes |
|
4 |
Text or map amendment to the zoning ordinance |
No |
No |
Yes |
Yes |
|
5 |
Vacation of street |
Yes |
No |
Yes |
Yes |
|
6 |
Vacation of subdivision |
Yes |
Yes |
Yes |
Yes |
|
7 |
Preliminary binding site plan |
Yes |
Yes |
Yes |
Yes |
|
8 |
Preliminary subdivision plat |
Yes |
Yes |
Yes |
Yes |
|
9 |
Preliminary PUD |
Yes |
Yes |
Yes |
Yes |
|
10 |
Final subdivision** |
No |
No |
No |
No |
|
11 |
Final PUD** |
No |
No |
No |
No |
|
12 |
Final binding site plan** |
No |
No |
No |
No |
|
13 |
Major subdivision and PUD amendments |
No |
No |
No |
No |
|
* The planning commission holds the open-record hearing and provides a recommendation to the city council. ** A final subdivision, PUD and binding site plan will be decided at an open public meeting; a public hearing was conducted during the preliminary phase and is not required for final approval. |
|||||
(Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020: Ord. 2395 § 1, 2017: Ord. 2209 § 2 (part), 2008).
20.02.050 Submission requirements.
A. Preapplication Conference. Type II, III and IV project permits require a preapplication conference before an application is submitted. Anyone choosing the consolidated permit process set forth in CMC 20.02.070 also requires a preconference meeting.
B. Application Contents. An application submitted to the department shall be on forms, number of forms, and in a manner determined by the director. Unless specified otherwise, an application shall at least include the following:
1. A completed application form;
2. A legal description of the property and associated tax account number;
3. A vicinity map showing the location of the property including surrounding major streets, shorelines and other reference points;
4. A site plan when physical changes will result from approval of the application;
5. When required, mailing labels containing the names and addresses of all owners of record of parcels within the notification radius;
6. The names, addresses, and phone numbers of the applicant and all owners of the property, along with a signed letter or other verification of the owner(s) consent to the application;
7. When required, SEPA checklist and/or other environmental documentation;
8. Additional information required by the director to support a decision on the application(s);
9. Additional information as set forth in the corresponding Centralia Municipal Code;
10. The application fee(s) for the permit(s) requested as set forth in Chapter 20.99 CMC or by other applicable rule or regulation. (Ord. 2209 § 2 (part), 2008).
20.02.060 Application vesting.
A project permit application shall vest in the land use regulations in effect on the land at the time of submission of a completed project permit application as defined in CMC 20.02.090(A) and all application fees are paid. All extension requests must be submitted in writing and approved by the community development director. The following project permits, once vested, must have all associated construction work completed within the time frames indicated:
A. Building/fill and grade permit: one year. Two six-month extensions may be granted by the building inspector.
B. Conditional permit: as determined by the hearing examiner; generally, substantial progress must be achieved within ninety days of granting of the permit.
C. Critical areas permit: three years. One extension not to exceed three years may be granted by the director.
D. Planned unit development: eighteen months. One extension not to exceed six months may be granted by city council.
E. Shoreline permit (substantial development, variance and/or conditional use: construction must commence within two years and be complete and approved within five years. One extension not to exceed one year may be granted by the shoreline administrator.
F. Subdivision/short plat: five years. One extension not to exceed one year may be granted by the director.
G. The community development director may grant additional extensions. Additional extension requests shall be narrowly construed and limited to one extension. A request for an extension must be requested in writing and show justifiable cause by the applicant. (Ord. 2445 §§ 1, 2 (Exh. A) (part), 2020: Ord. 2395 § 2, 2017: Ord. 2395 § 2, 2017: Ord. 2209 § 2 (part), 2008).
20.02.070 Optional consolidated permitting process.
A. An application which involves two or more permits or procedures may have the processes consolidated under the highest project permit classification and procedures. The applicant shall request if they want their permit processes consolidated or if they want each permit processed individually.
B. If a project involving two or more permits has the permits processed individually, the highest project permit classification and procedures shall be finalized before subsequent permits can be issued. The director may waive this requirement for permits not dependent on the higher classification of permit for their justification or implementation.
C. A single open-record hearing and no more than one closed-record appeal shall be provided on a consolidated review process. The consolidated process may combine an open-record hearing on one or more permits with an open-record appeal hearing on the other permits. (Ord. 2209 § 2 (part), 2008).
20.02.080 Preapplication conference.
A. Purpose. The purpose of the preapplication conference is to acquaint the applicant with the review procedures and applicable Centralia Municipal Code provisions to the proposal. A minimum of one meeting is required for all project permit applications related to the same project action.
B. Waiver. The director may waive the requirement for a preapplication conference when a proposal is determined not to be of a size and complexity to require a detailed analysis.
C. Submission. Preapplication conferences may be held at any time before an application is submitted. A completed form and related information in sufficient number of copies as determined by the director are required.
D. Timeline. The city shall hold the preapplication conference within thirty days of the receipt of a completed request, unless the applicant agrees to an extension of this time in writing.
E. Nonbinding. The preapplication conference is not intended to be an exhaustive review of all potential issues and the discussions shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent information may prevent the city from identifying all of the issues or providing the most effective preapplication conference.
F. Lapse of Time. If a time lapse of more than six months occurs between a preapplication conference and the submission for permits, or if the director determines the scope of the project has changed significantly from the preapplication conference, a new conference may be required. (Ord. 2209 § 2 (part), 2008).
20.02.085 Design review.
New buildings or existing buildings that are remodeling the outside of a structure that are located in a designated design review area are subject to meeting the design review guidelines for that specific area. The design guidelines are subject to review by the site plan review committee and other committee(s) including the planning commission for their recommendation and then approved by the director. For any development activity that requires design review, the applicant must comply with the provisions of this section before a building permit can be approved, as follows:
A. Public Meetings. All meetings of the commission(s) shall be open to the public and are subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW.
B. Preapplication Conference. Before submitting a building permit application, the applicant shall attend a preapplication conference with the site plan review committee. The purpose of this conference is to provide an opportunity for the applicant to discuss the project concept with the city in the early stages of the project development and:
1. To review preliminary sketches of the design proposal presented by the applicant;
2. To discuss how the design guidelines pertain to the proposed development;
3. For the site plan review committee to designate which design guidelines apply to the proposed development based primarily on the location and nature of the proposed development; and
4. Other application materials the applicant will need to submit with the design review application.
C. Application. Following the preapplication conference, the applicant may then submit a building permit application to the department. The application shall include all documents and exhibits required for the application, as well as all materials required as a result of the preapplication conference.
D. Design Review Conference. The design review conference allows the commission(s) to review the design plans and provide direction to the applicant on issues to be resolved for final approval. The applicant shall present the proposed project and demonstrate its consistency with the design guidelines as discussed in the preapplication conference to the commission(s). The commission(s) will consider the information presented and make a formal recommendation to the director for project approval, approval with conditions, or denial. The commission(s) may continue the conference if necessary to gather additional information necessary for its recommendation. If the conference is continued to a specific date, no further public notice is required; otherwise notice of continuance shall be mailed to all parties participating in the design response conference.
E. Approval. Approval of a building permit that is subject to commission(s) review is a Type I director decision; however, the commission(s) recommendation shall hold substantial weight. After reviewing the commission(s)’ recommendation, the director may grant, deny or conditionally approve an application for the proposed development. Any deviation from the commission(s)’ recommendation shall be documented in the director’s findings and conclusions. The decision of the director may be appealed as per a Type I decision. (Ord. 2209 § 2 (part), 2008).
20.02.090 Determination of completeness.
When review procedures require a determination of completeness, the following shall apply:
A. Determination. Within twenty-eight calendar days of accepting the application, the department shall provide a written determination to the applicant, stating that:
1. The application is complete; or
2. The application is incomplete and what is necessary to make the application complete.
To the extent known, the city shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application.
B. Failure to Notify. Failure to provide a written determination within the required time shall automatically deem the application complete.
C. Processing. A complete application meets the submission requirements set forth in CMC 20.02.050 and is sufficient for continued processing. The determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice or subsequently if new information is required or substantial changes in the proposed action occur.
D. Incomplete Application. An incomplete application shall have ninety days from the date of the written determination in subsection (A)(2) of this section for the necessary information to be submitted. If the applicant either refuses in writing or does not submit the required information within the time limits, the department shall cancel the application.
E. Review of Additional Information. When additional information for an incomplete application is received, the city shall notify the applicant within fourteen days of receipt of the additional information whether the application is complete or what additional information is necessary. (Ord. 2209 § 2 (part), 2008).
20.02.100 Notice of application.
When review procedures require a notice of application, the following shall apply:
A. Timeline. The notice shall be provided within fourteen days after the determination of completeness is issued.
B. Content. The notice of application shall include the following:
1. The file number assigned;
2. The date of application, date of the notice of completeness, and the date of the notice of application;
3. A description of the proposed project action and a list of permits included with the application and, if applicable, a list of requested studies;
4. Identification of known permits not included with the application;
5. Identification of existing environmental documents that evaluate the proposal;
6. The location where the application and any studies can be reviewed;
7. A statement of the public comment period which shall not be less than fourteen or more than thirty days. Shoreline substantial development, conditional use and variance permit applications require a public comment period of not less than thirty days;
8. A statement of the rights of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision and any appeal rights;
9. Any other information determined appropriate by the city.
C. Legal Notice. Notice shall be provided in the following manner as applicable:
1. Mail. The notice shall be sent by USPS first class mail to the following:
a. The applicant;
b. Affected city departments via e-mail or interoffice mail;
c. State, federal and local agencies with jurisdiction; and
d. Any person who requests such notice in writing to the department.
2. Posting of the Property. Notice shall be posted according to the following:
a. At least one location on or adjacent to the subject property that shall be clearly visible and legible from an adjacent street or public area;
b. The director shall determine the specifications to the construction and installation of the notice boards;
c. The posting shall remain in effect for the duration of the public notice period.
3. Publishing Notice. A published notice in the city’s official newspaper of general circulation within the city boundaries is required. The content shall include the following:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Comment period and dates;
e. Location where the complete application may be viewed.
D. Integration of Notices. The city will integrate the notice of application with SEPA review whenever possible. Notification for a notice of application should be combined with the notification for threshold determination and the scoping for a determination of significance whenever possible.
E. Issuance of Decisions. Except for a threshold determination, the city may not issue a decision or a recommendation on a permit until the expiration of the public comment period.
F. Public Comments. Comments shall be as specific as possible. Comments shall be received by the last day of the comment period specified in the notice. If no comments are received by the date specified in the notice from an affected city department or agency with jurisdiction, which notification was sent to, then it is presumed that the department or agency has no comments. (Ord. 2395 § 3, 2017: Ord. 2209 § 2 (part), 2008).
20.02.110 Notice of hearing.
When review procedures require a notice of hearing, the following shall apply:
A. Notice Integration. A notice of hearing is required for public hearings. A notice of hearing may be integrated with the notice of application.
B. Notice Content. A written notice of hearing shall contain the following information:
1. The name of the applicant or designated contact;
2. A description of the affected property (not including any legal description);
3. Project summary/description of each project permit application;
4. The application/project file number;
5. The date, time and place of the hearing;
6. A statement that all interested persons may appear and provide testimony;
7. A statement where information may be examined or obtained and the staff contact and phone number;
8. A statement how written testimony or comments may be submitted;
9. The SEPA threshold determination along with any appropriate statement regarding any shared or divided lead agency status and phased review, and stating the end of any final comment period;
10. The deadline (date, time and place) for submitting a SEPA appeal;
11. A statement regarding any administrative appeal process including SEPA appeal.
C. Appeal Notification. Notification for a hearing on an open-record or closed-record appeal shall be provided in the following manner:
1. Mail. The notice shall be sent by USPS first class mail, e-mail or interoffice mail to the following:
a. The applicant/appellant;
b. Parties of record;
c. Affected agencies;
d. Parties requesting notice; and
e. Other persons whom the department believes may be affected by the action.
D. Project Permit Notification. Notification for a hearing on a project permit shall be provided in the following manner as applicable:
1. Mail. The notice shall be sent by first class mail or higher to the following:
a. The applicant;
b. All property owners of real property (as shown by the records of the Lewis County assessor’s office) within three hundred feet of the subject property; and
c. Any person providing a written request to the department;
d. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, all property owners within a three-hundred-foot radius of the total ownership interest shall be notified by mail as referenced above.
2. Posting of the Property. The notice shall be posted in the same manner and location(s) as the notice of application set forth in CMC 20.02.100(C)(2).
3. Publishing Notice. A published legal notice in the city’s official newspaper of general circulation within the city boundaries is required. The content of the published notice shall include the following information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Comment period and dates;
e. Location where the complete application may be viewed.
E. Notice Deadlines. Notice shall be given at least fourteen days before the hearing date except:
1. Shoreline permits pursuant to WAC 173-27-110(3) shall be given at least fifteen days.
2. An integrated notice of hearing and notice of application shall be given at least fifteen days.
3. An integrated notice of hearing and notice of a SEPA threshold determination shall be given at least fifteen days.
F. Continuation of Hearing. Continued hearings do not require additional notices of hearing.
G. Additional Procedures. In addition to the procedures contained in this chapter, the department may develop general procedures for notification, including mailing packets and the format of the notice and an affidavit of posting/mailing form to be filled out by the party doing notice. (Ord. 2209 § 2 (part), 2008).
20.02.120 Joint public hearing.
A hearing on a project permit application may be combined with any other hearing on the action held by another local, state, regional, federal, or other agency pursuant to RCW 36.70B.110 as currently enacted or hereinafter amended. (Ord. 2209 § 2 (part), 2008).
20.02.130 Notice of decision.
The director, the hearing examiner or the city council issues a decision at the conclusion of applicable project permit review. The notice of decision may be included as part of the decision or project permit.
A. The city shall provide a notice of decision. The notice shall include a statement of any threshold determination made under SEPA and the procedures for appeal if a consolidated notice was not given under CMC 20.02.110(E)(3).
B. Notification. Notification shall be provided in the following manner as applicable:
1. Mail. The notice shall be sent by first class mail or higher to the following:
a. The applicant;
b. Any person who, prior to the rendering of the decision, requested notice of the decision in writing to the department, or who submitted substantive comments on the application; and
c. Lewis County assessor’s office.
2. Published Notice. If a published notice is required, the notice shall be published in the city’s official newspaper of general circulation within the city boundaries. A shoreline permit may require more than one published notice.
C. Notice Contents. The notice may include a copy of the report of decision on the project permit application; and shall include, when available, the SEPA threshold determination, the permit decision, the conditions of approval or where they may be viewed by the public, and the general procedures and time limits to file an appeal. (Ord. 2209 § 2 (part), 2008).
20.02.140 Appeal.
A. General.
1. Those land use and development decisions that are subject to appeal shall become final unless an appeal is filed within the designated time to file an appeal.
2. The appellant shall bear the burden of proving the administrative decision was not supported by substantial evidence.
3. Appeal of Type I and Type II project permit final decisions shall be appealed to the hearing examiner. Appeals for both Type I and Type II shall be filed within fourteen days following the issuance of the notice of decision. A decision involving a SEPA determination of nonsignificance which required public comments shall have the appeal period extended an additional seven days, for a total of twenty-one days; or there is another agency with jurisdiction as defined in WAC 197-11-714(3).
4. Administrative appeal of a SEPA threshold determination is to the hearing examiner pursuant to Chapter 2.18 CMC and subsection (A)(3) of this section.
5. Appeal of Type III or Type IV project permit final decisions shall be to Lewis County superior court pursuant to Chapter 36.70C RCW. Appeals shall be filed within twenty-one days following the issuance of the notice of decision.
6. Final decision relating to the Centralia shoreline master program may be appealed as follows:
a. Director decisions and Type II shoreline permits may be appealed to the hearing examiner pursuant to subsection (A)(3) of this section or may be appealed directly to the shoreline hearings board pursuant to RCW 90.58.180.
b. Hearing examiner decisions may be appealed to the shoreline hearings board by filing a petition for review within twenty-one days of the date of filing pursuant to RCW 90.58.140(6).
B. Standing to Appeal. Only parties of record with standing may initiate an appeal. Standing constitutes the following:
1. For Type I project permits, only the applicant has standing.
2. For project permits not Type I, the following have standing:
a. Applicant;
b. Anyone who participates in the public hearing; or
c. Anyone who submits written comments in response to a legal notice within the required time limits.
C. Filing an Appeal. Administrative appeals are filed by submitting a form provided by the department. The appeal must be received by five p.m. on the last day of the appeal period. Appeals may be mailed, faxed or delivered to the department.
D. Computation of Time. For purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day.
E. Content of Appeal. An administrative appeal shall not be accepted unless it is written, accompanied by the required appeal fee, and contains at least the following information:
1. Appellant’s name, address and phone number;
2. Appellant’s statement describing his or her standing, as a party of record, to appeal;
3. Identification of the application which is the subject of the appeal;
4. Statement of grounds for appeal and the facts upon which the appeal is based;
5. Statement of the relief sought, including the specific nature and extent; and
6. Statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
F. Effect. The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn.
G. Notice of Appeal. The director shall provide public notice of the appeal as provided in CMC 20.02.110(C).
H. Appeals from Decisions or Interpretations of the Director of Community Development. Any person aggrieved by any interpretation of this title by the director of community development may appeal the director’s interpretation as per a Type II appeal.
I. Appeals from Decisions of the City Council. The action of the city council on all matters shall be final and conclusive unless, within ten days from the date of the council’s action, an applicant or an aggrieved party makes an application to the superior court of Lewis County for a writ of certiorari, a writ of prohibition or a writ of mandamus. (Ord. 2395 § 4 (part), 2017: Ord. 2209 § 2 (part), 2008).
20.02.150 Development agreement review procedures.
A. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction or outside its boundaries as part of a proposed annexation or a service agreement. A development agreement sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.
B. A determination of completeness, notice of hearing and a notice of decision are required pursuant to the provisions of this chapter. The one-hundred-twenty-day time limit for the notice of decision shall not apply to a development agreement.
C. When a request for a development agreement is consolidated with a Type III or IV project permit, the public hearing shall be consolidated with the open-record hearing on the permit before the hearing examiner. The hearing examiner shall make a recommendation to the city council on the development agreement and approval of the project permit shall be conditioned on city council approval of the development permit.
D. The city council may approve a development agreement by ordinance or resolution only. (Ord. 2209 § 2 (part), 2008).
20.02.155 Administration and enforcement.
A. Administrative Responsibility.
1. The director of community development, as the duly authorized representative of the city manager, is charged with the responsibility of carrying out the provisions of this title. He may be provided with the assistance of such other persons as the city manager may direct.
2. All interpretations of this title shall be made by the director of community development or his delegate. If requested, interpretations shall be reduced to writing and an orderly retrievable record shall be kept.
B. Review of Zoning Compliance.
1. No department, official or employee of the city shall issue an occupancy permit until there has been endorsed thereon certification of compliance with the applicable regulations of this title by the director of community development or his delegate.
2. The department of community development may authorize the issuance of a temporary occupancy permit conditioned upon the subsequent completion or satisfaction of unfulfilled requirements or regulations, or uncompleted development proposals. A condition for issuance of such temporary permit may be the posting with the city of a performance bond or its equivalent, to ensure fulfillment of all conditions to which such permit is subject. The conditions to which such temporary occupancy permit is subject shall be listed upon the permit or attached thereto. No occupancy permit or certificate of occupancy shall be issued except as hereinabove provided. No occupancy permit shall be issued until all such conditions are satisfied. If the conditions are not satisfied within one year from the date of the deadline specified in the temporary occupancy permit, demand may be made by the city against the bond, or its equivalent, for completion and performance. Prior to such demand being given, the director of community development shall give ample notice to the person or persons involved.
C. Amount of Bond or Equivalent. The performance bond, or equivalent, shall be in a form acceptable to the city attorney, and represent a proportion of the fair cost estimate of the proposed development or improvement as determined by the director of community development, according to the following schedule:
|
Fair Cost Estimate |
Amount of Bond |
|---|---|
|
Up to $50,000 |
100% of estimate |
|
$50,001 to $100,000 |
75% of estimate |
|
$100,001 to $250,000 |
50% of estimate |
|
$250,001 and over |
25% of estimate |
D. Change in Use. Whenever a change in use of land or structures takes place, the owner of such land or structures shall be required to submit an application for an occupancy permit for the new use or structures within fifteen days of the date of such change in use. Failure to do so shall be a violation of this title.
E. Record of Certificates Issued. The director of community development or his/her delegate shall circulate a request for an occupancy permit for a change in use to all city departments, and shall maintain a record of all occupancy permits issued.
F. Penalty. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 20.102 CMC.
G. Other Legal Action. Nothing herein contained shall prevent the city from seeking such other legal or equitable remedies as may be available to prevent or remedy any violation. (Ord. 2209 § 2 (part), 2008).
20.02.160 Planned actions.
A planned action is defined in WAC 197-11-164 as one or more types of project action that has had significant environmental impacts adequately addressed in an environmental impact statement (EIS) prepared in conjunction with the comprehensive plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project.
A. A project action addressed in a planned action does not require an environmental checklist or threshold determination, but may require the checklist for review to mitigate environmental impacts through the site plan review process.
B. To qualify, a project action shall:
1. Be subsequent to or implementing projects in a comprehensive plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project;
2. Be located within the city’s adopted urban growth areas;
3. Be consistent with the comprehensive plan;
4. Not be an essential public facility, as defined in RCW 36.70A.200.
C. The city council shall designate and approve by ordinance a planned action. The ordinance:
1. Shall describe the type(s) of project action being designated as a planned action;
2. Shall describe how the planned action meets the criteria in subsection (B) of this section, including specific references to the EIS;
3. Shall include findings that the environmental impacts have been identified and adequately addressed in the EIS, subject to project review under WAC 197-11-172;
4. Should identify any specific mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as a planned action.
D. The planned action may be limited to certain types of development, to specific geographical areas of the city, and/or a time period identified in the EIS, plan, ordinance or resolution.
E. Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. Review of the project shall include:
1. Verification that it meets the description and implements any applicable conditions or mitigation measures identified in the designating ordinance or resolution;
2. Verification that the proposed significant adverse environmental impacts of the project have been adequately addressed in the EIS.
F. Nothing in this section limits the city from using applicable law to place conditions on the project in order to mitigate nonsignificant impacts through normal project review and permitting processes. (Ord. 2209 § 2 (part), 2008).