Chapter 14.10 APPLICATION REVIEW

Chapter 14.10
APPLICATION REVIEW

Sections:

14.10.005 Application review criteria.

14.10.010 Application review classification.

14.10.020 Limited administrative review of applications.

14.10.030 Full administrative review of applications.

14.10.040 Quasi-judicial review of applications.

14.10.050 Legislative review of applications.

14.10.060 Notice of final decision.

14.10.005 Application review criteria.

Review of an application and proposed development shall be governed by and be consistent with the fundamental land use planning policies and choices which have been made in adopted comprehensive plans and development regulations. The review process shall consider the type of land use permitted at the proposed site, the density and intensity of the proposed development, the infrastructure available and needed to serve the development, the character of the development and its consistency with development regulations. In the absence of applicable development regulations, the applicable development criteria in the comprehensive plan or subarea plan adopted under Chapter 36.70A RCW shall be determinative. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).

14.10.010 Application review classification.

(1) Following the issuance of a determination of completeness and a notice of application, an application shall be reviewed at one of four levels, as determined by the applicable county department: limited administrative review, full administrative review, quasi-judicial review, and legislative review.

(2) If this title or the Chelan County Code provides that a proposed development is subject to a specific type of review, or a different review procedure is required by law, the application for such development shall be processed and reviewed accordingly. If this title does not provide for a specific type of review or if a different review procedure is not required by law, then the director shall determine the type of review to be used for the type and intensity of the proposed development. In instances where more than one type of review applies to a project, the process shall follow the review procedure for the highest-level decision.

(3) Any public meeting or required open record hearing may be combined by the department with any public meeting or open record hearing that may be held on the proposed development by another local, state, federal or other agency. Hearings shall be combined if requested by the applicant. However, joint hearings must be held within Chelan County and within the time limits of this title and Chapter 36.70B RCW.

(4) No more than one open record public hearing and one closed record appeal shall be held on an application. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).

14.10.020 Limited administrative review of applications.

Limited administrative review shall be used when the proposed development is subject to clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues and the proposed development is exempt from the State Environmental Policy Act (SEPA). Included within this type of review are interpretation of codes and ordinances, boundary line adjustments and certificates of exemption, and other permits that are categorically exempt from SEPA compliance. The department may approve, approve with conditions, or deny the application after the date the application is accepted as complete, without public notice. The decision of the department is final. Decisions made and/or actions taken, including without limitation administrative interpretations, may be appealed to the hearing examiner pursuant to Chapter 14.12, except there shall be no administrative appeal of the issuance of building permits. (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).

14.10.030 Full administrative review of applications.

(1) Full administrative review shall be used when the proposed development is subject to objective and subjective standards that require the exercise of limited discretion about nontechnical issues and about which there may be limited public interest. The proposed development may or may not be subject to SEPA review. Included within this type of review are short subdivisions, binding site plans and building permits that require SEPA review. Shoreline substantial development permits and shoreline conditional use permits shall be reviewed consistent with the adopted Chelan County shoreline master program.

(2) This review procedure under full administrative review shall be as follows:

(A) If the proposed development is subject to the State Environmental Policy Act (SEPA), the threshold determination shall be made after the closing of the public comment period required in the notice of application.

(B) Upon the completion of the public comment period and the comment period required by SEPA, if applicable, the department may approve, approve with conditions, or deny the application. The department shall mail the notice of decision to the applicant and all parties of record. The decision shall include:

(i) A statement of the applicable criteria and standards in the development codes and other applicable law;

(ii) A statement of the findings of the review authority, stating the application’s compliance or noncompliance with each applicable criterion, and assurance of compliance with applicable standards;

(iii) The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with all applicable laws; provided, however, all conditions of approval attached to any land use approval shall be based on statutory requirements or peer-reviewed science. Such statutes (including the specific applicable section or sections) or science shall be cited in the condition or footnoted to each condition of approval. It is expected of any agency or department requesting a condition to demonstrate compliance with this provision, and no approval authority will attach conditions which do not meet this test;

(iv) A statement that the decision is final unless appealed as provided in the respective governing regulation within ten working days after the date the notice of decision is mailed. The appeal closing date shall be listed. The statement shall describe how a party may appeal the decision, including applicable fees and the elements of a notice of appeal;

(v) A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for inspection during the open office hours at Chelan County department of community development. The notice shall list the place and telephone number of the department.

(3)(A) The following alterations or additions to an approved site development plan for conditional use permits may be approved administratively by the director. Changes may only be approved administratively if they do not have significant impact to the surrounding area, do not significantly modify the adopted conditions of approval, and are categorically exempt from SEPA or environmental review.

(i) Additions to buildings; provided, that the increase in floor area is less than ten percent of the total floor area of all buildings on the approved site development plan and the addition(s) does not exceed allowable densities of the underlying zone or requirements governing lot coverage.

(ii) Minor adjustments to building or structure locations; provided, that the density or intensity of use is not increased and does not significantly affect adjacent uses, impact critical areas or setbacks thereto, or otherwise require a variance or reasonable use exception.

(iii) Changes in parking areas; provided, that adopted regulations and conditions are met.

(iv) Modifications in landscape plans; provided, that required percentages of landscaping or open space are not reduced below those prescribed in this code or as previously approved in the conditional use permit.

(B) The following alterations to conditions of approval for an approved site development plan are deemed minor in nature and may be approved administratively by the director. Changes may only be approved administratively if they do not have significant impact to the surrounding area, do not significantly modify the adopted conditions of approval, and are categorically exempt from SEPA or environmental review.

(i) Alteration to a condition that is inconsistent with current practices and standards.

(ii) Alteration to a condition that is inconsistent with the current zoning designation.

(iii) Alteration to a condition that is no longer appropriate based on changed circumstances of the site or surrounding area.

If a condition of approval is altered to be consistent with an adopted standard, then it must be demonstrated that the adopted standard is at least equivalent to the condition of approval in terms of implementing the general purpose of Title 11.

(i) Within five business days of issuance of preliminary approval on an alteration, the department shall issue a notice of preliminary approval. The preliminary approval shall include the following:

(a) The date of application and the date of the preliminary approval;

(b) A description of the preliminarily approved alterations or additions, a list of permits required for the application, and, if applicable, a list of any studies requested;

(d) The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed;

(e) A statement of the applicable criteria and standards in the development codes and other applicable law;

(f) A statement of the findings of the review authority, stating the application’s compliance or noncompliance with each applicable criterion, and assurance of compliance with applicable standards;

(g) A statement of the public comment period, the right of any person to comment on the application, to request a copy of the decision once made, and a statement of any appeal rights. Any public comments must be submitted within ten business days following notice of the preliminary approval;

(h) Any other information determined by the department to be appropriate.

(ii) The notice of preliminary approval shall be made available to the public for review and inspection at the department office during normal business hours, and shall be mailed and e-mailed, if e-mail address is provided, to all adjacent property owners and all parties of record or their designated representative. The department shall make available a copy of the notice of preliminary approval, subject to payment of a reasonable charge, to other parties who request it.

(iii) If no public comments in opposition to the preliminary approval are received by the department during the public comment period, the director shall issue a decision approving the proposed alterations, subject to any conditions of approval thereto.

(iv) If public comments in opposition to the preliminary approval are received by the department within the public comment period, the director shall issue a written decision regarding the application in consideration of the comments received. Such decision shall be issued within ten business days following the public comment period. The director may approve with conditions or deny the application.

(v) The decision of the director shall include the information set forth in subsections (2)(B)(i) through (v) of this section. Notice of the decision shall be mailed to the applicant and any parties of record.

(vi) The decision of the director shall be final unless appealed pursuant to Section 14.12.005.

(D) Applications for administrative alterations or modifications pursuant to subsection (3)(A) of this section shall only be accepted once per year, the period of which shall be considered to begin from the date of any final decision issued pursuant to this section. (Res. 2018-41, 5/29/18: Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2000-126 (part), 10/17/00).

14.10.040 Quasi-judicial review of applications.

(1) Quasi-judicial review shall be used when the development or use proposed under the application requires a public hearing before a hearing body. This type of review shall be used for appeals of administrative decisions, major subdivisions, conditional use permits, planned developments, variances, shoreline substantial development permits, shoreline variances, shoreline conditional uses, rezones that are not of general applicability (site-specific) and other similar applications.

(2) The review procedure under quasi-judicial review shall be as follows:

(A) A quasi-judicial review process requires an open record public hearing before the appropriate hearing body.

(B) The public hearing shall be held after the completion of the public comment period and the comment period required by SEPA, if applicable.

(D) At least five working days prior to the date of the public hearing, the department will issue a written staff report, integrating the SEPA review and threshold determination and shall make available to the public a copy of the staff report for review and inspection, and shall mail and e-mail, if address is provided, a copy of the staff report and recommendation to the applicant or the applicant’s designated representative. The department shall make available a copy of the staff report, subject to payment of a reasonable charge, to other parties who request it.

(E) Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing body. A public hearing shall be recorded on either audio or audio-visual tape. If for any reason the hearing cannot be completed on the date set in the public notice, it may be continued during the public hearing to a specified date, time and location, without further public notice required.

(F) Within ten working days after the date the public record closes, the hearing body shall issue a written decision regarding the application(s).

(G) The hearing body may approve, approve with conditions or deny the application and shall mail and e-mail, if address is provided, the notice of its decision to the department, applicant, the applicant’s designated representative, the property owner(s), and any other parties of record. The decision shall include:

(i) A statement of the applicable criteria, standards and law; and

(ii) A statement of the findings of fact and conclusions of law the hearing body made showing the proposal does or does not comply with each applicable approval criterion and assurance of compliance with applicable standards; and

(iii) A statement of the conditions of approval (if any); provided, however, all conditions of approval attached to any land-use approval shall be based on statutory requirements or peer-reviewed science. Such statutes (including the specific applicable section or sections) or science shall be cited in the condition or footnoted to each condition of approval. It is expected of any agency or department requesting a condition to demonstrate compliance with this provision, and no approval authority will attach conditions which do not meet this test; and

(iv) A statement that the decision is final unless appealed. The appeal closing date shall be listed; and

14.10.050 Legislative review of applications.

(1) Legislative review shall be used when the proposal involves the creation, implementation or amendment of county policy or law. In contrast to the other procedure types, legislative review usually applies to a relatively large geographic area containing several property owners. This type of review shall be used for comprehensive plan, subarea plan, zoning and/or development code amendments and generalized zoning district map reclassifications.

(2) Legislative review shall be conducted as follows:

(A) Legislative review requires at least one open record public hearing before the Chelan County planning commission and one public meeting before the Chelan County board of commissioners.

(B) The application shall contain all information and material requirements required by the appropriate application form and any pre-application meeting.

(C) Each notice of public hearing shall be given as identified in Chapter 14.08. The notice shall include notice of the SEPA threshold determination used by the department.

(D) At least five working days prior to the hearing, the department shall issue a written staff report, integrating the SEPA review and threshold determination and shall make available to the public a copy of the staff report for review and inspection, and shall mail and e-mail, if address is provided, a copy of the staff report and recommendation to the applicant or the applicant’s designated representative, and planning commission members. The department shall make available a copy of the staff report, subject to a reasonable charge, to other persons who request it.

(E) Following the public hearing and in accordance with RCW 36.70.630, the recommendation of the planning commission shall be forwarded to the board of county commissioners. Upon receiving the recommendation from the planning commission, the board of county commissioners shall set a public meeting to consider the proposal, at which the board may either accept or reject the recommendation, or remand the application back to the planning commission for reopening of the open record hearing to consider specific issues identified by the county commission.

(F) The board of county commissioners must hold a public hearing to consider any changes to the recommendation of the planning commission. The board of county commissioners may approve, approve with conditions, deny or remand the proposal back to the planning commission for further review after such public hearing. The final decision of the board of county commissioners shall be adopted by resolution or as otherwise provided for by law.

(G) The final decision of the board of county commissioners shall be in writing and include:

(i) A statement of the applicable criteria and law;

(ii) A statement of the findings indicating the application’s compliance or noncompliance with each applicable approval criterion;

(iii) The decision to approve, condition or reject the planning commission recommendation or remand for further review;

(iv) A statement that the decision is final unless appealed pursuant to Chapter 14.12 to superior court within twenty-one days of the issuance of the decision, as determined pursuant to Chapters 36.70A and/or 36.70C RCW, as applicable. The appeal closing date shall be listed;

14.10.060 Notice of final decision.

(1) The county should not exceed one hundred twenty days, pursuant to RCW 36.70B.080, to issue a written notice of final decision on an application reviewed pursuant to either a full administrative or a quasi-judicial review process within one hundred twenty calendar days after the date of the determination of completeness, unless timelines are specified otherwise in the respective title. In determining the number of days that have elapsed, the following periods shall be excluded:

(A) Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional information or materials. The period shall be calculated from the date the department issues the request to the applicant to, the earlier of, the date the department determines whether the additional information satisfies its request or fourteen days after the date the information has been received by the department.

(B) If the county determines the information submitted by the applicant under subsection (1)(A) of this section is insufficient, it shall again notify the applicant of deficiencies and the procedures under subsection (1)(A) of this section shall apply to the request for information.

(C) Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.

(D) Any period for administrative appeals.

(E) Any extension of time mutually agreed upon in writing by the applicant and the department.

(2) The time limit by which the county will issue a notice of final decision does not apply if an application:

(A) Requires an amendment to the comprehensive plan or a development regulation.

(B) Requires approval of a new fully self-contained community, a master planned resort, or the siting of an essential public facility, as are provided in Chapter 36.70A RCW and as may be hereafter amended.

(C) Is substantially revised by the applicant after a determination of completeness has been issued, in which case the time period shall start from the date on which the revised project application is determined to be complete as provided for in Section 14.08.030.

(3) If the county is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

(4) The review authority shall provide the notice of decision or copy of findings of fact and conclusions of law and decision to the applicant, agent (if applicable), surveyor (if applicable), commenting agencies of jurisdiction, and any parties of record (any person who prior to the rendering of the decision requested notice of decision, submitted written comments on the application, or testified at the public hearing). (Res. 2012-78 (part), 8/14/12: Res. 2007-55 (part), 3/27/07: Res. 2003-98 (part), 7/22/03: Res. 2002-10 (part), 1/15/02: Res. 2000-126 (part), 10/17/00).