Chapter 19.03
APPLICATION PROCESS
Sections:
19.03.010 Preapplication conference.
19.03.020 Application submittal.
19.03.030 Determination of completeness.
19.03.040 Notice of application.
19.03.060 Consistency with development regulations and SEPA.
19.03.070 Vesting of project permit applications.
19.03.010 Preapplication conference.
A. All prospective applicants for Type II and Type III project permit applications shall participate in a preapplication conference prior to submitting the application to the city. The community development director has the authority to waive the requirement for a preapplication conference for certain Type II applications based on size and/or impact.
B. The purpose of the preapplication conference is to:
1. Assist applicants to prepare a code-compliant project permit application;
2. Eliminate the city’s need to request additional information that causes resubmittals, resubmittal fees, and further city review; and
3. Reduce time frames for approval of project permit applications by expeditious issue resolution through one-on-one collaboration between applicants and city/agency staff.
C. The preapplication conference provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed development, the application and permit requirements, fees, the review process and schedule, and applicable development standards, plans, policies and regulations.
D. The preapplication conference shall take place at the city’s offices unless another location is agreed upon by the city and the applicant. The length of the conference shall be determined by the complexity of the proposed project.
E. The city will prepare and maintain a written summary of the preapplication conference, including a list of any specific documents, information, legal descriptions or other requirements that must be submitted in addition to the requirements of the application.
F. Failure of any agency to provide information shall not constitute a waiver of any of the standards, criteria or requirements for an application. Any discussion at the preapplication conference is for the purpose of acquainting the applicant with the known requirements for a preliminary design and/or proposal. As a result, the discussions shall not bind the city in any manner or prevent the city’s future enforcement of all applicable codes, plans and regulations.
G. Review of a project proposal at a preapplication conference does not vest the project. Vesting only occurs at the time an application is determined to be complete as evidenced by a written notice of complete application issued by the city as described below. (Ord. 21-28 § 5 (Exh. A), 2021)
19.03.020 Application submittal.
A. Application Forms.
1. Each application form shall, at a minimum, include the following:
a. The application shall be filled out legibly, in blue or black ink, either hand printed or typewritten;
b. The name, mailing address, email address, and telephone number of each applicant;
c. The name, mailing address, email address, and telephone number of the applicant’s representative, if any;
d. The name, mailing address, email address, and telephone number of each owner of the subject property, if different than the applicant(s);
e. The name, mailing address, email address, telephone number and contractor registration number of all contractors or design professionals, if any;
f. The parcel number and legal description for each parcel which is the subject of the proposed development;
g. The original signatures of each applicant and each property owner if different than the applicant(s);
h. Any other information, documents or materials, as determined by the city, which may be required in the body of the form or by attachment to the form or as indicated in a preapplication conference, e.g., a narrative description of the project, including a site plan as applicable.
2. Each application form shall require designation of a single person or entity to receive determination and notices required under this code. Where a determination or notice to the applicant is required by this code, “applicant” shall mean the person or entity so designated.
B. Applications shall be made using the appropriate form provided by the city of East Wenatchee. An application shall consist of all materials required by the applicable development regulations for the specific permit(s) sought. (Ord. 21-28 § 5 (Exh. A), 2021)
19.03.030 Determination of completeness.
A. Within 28 days after receiving the application, the city shall complete an initial review to determine whether the application has all of the necessary components to review and issue a decision. The city will mail, or provide in person, a written determination of complete or incomplete application. The application packet shall be determined complete if the city does not provide a written determination within the 28-day period.
B. An application shall be determined complete only when it contains all of the following information and materials:
1. A fully completed and signed application;
2. Applicable review fees;
3. All information and materials required by the application form;
4. A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act;
5. A plot plan disclosing all existing and proposed structures and features applicable to the desired development; for example, parking, landscaping, preliminary drainage plans with supporting calculations, signs, setbacks, etc.;
6. Preliminary engineering for streets and utilities, if applicable;
7. Any information required by the city’s shoreline or critical areas regulations;
8. Any additional information and materials identified at the preapplication conference;
9. Information specified for the desired project in appropriate title of the EWMC, state or federal law;
10. Any supplemental information or special studies identified by the city.
C. For applications determined incomplete, the city shall identify, in writing, the specific requirements, information and materials necessary to constitute a complete application. Failure to submit the requested information within 90 days of the determination of incomplete will result in a null and void application with no refund of the filing fees. The director has the ability to extend the 90-day deadline if the applicant contacts the city prior to the deadline and provides a date by which the information will be submitted.
Within 14 days after the city receives the materials identified in the notice of incomplete application, the city shall issue a determination of completeness or identify the materials that are still necessary for a complete application.
D. A determination of completeness shall identify, to the extent known, other local, state or federal agencies that may have jurisdiction over some aspect of the application.
E. A determination of completeness shall not preclude the city from requesting additional information or studies if new information is required or a change in the proposed development occurs. (Ord. 21-28 § 5 (Exh. A), 2021)
19.03.040 Notice of application.
A. Within 14 days after issuing a determination of completeness, the city shall issue a notice of application. If an open record predecision hearing is required for the application, the notice of application shall be issued at least 15 days prior to the hearing. The notice shall include, but not be limited to, the following:
1. The date of the application, the date of the determination of completeness, and the date of the notice of application.
2. A description of the proposed project action, a list of permits required for the application and, if applicable, a list of any studies requested.
3. The identification of other required permits not included in the application, to the extent known by the city.
4. The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed.
5. A statement of the public comment period, which shall be 14 days following the date of the notice of application, and a statement of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision, once made, and a statement of any appeal rights.
6. The date, time, location and type of hearing, if applicable, which has been scheduled as of the date of the notice of application.
7. A statement of the preliminary determination, if one has been made at the time of the notice of application, of those development regulations which will be used for project mitigation and of consistency with the type of land use of the proposed site, the density and intensity of the proposed development, infrastructure necessary to serve the development, and the character of the development.
8. Any other information determined by the city to be appropriate.
B. Informing the Public.
1. Type II Administrative Project Applications. The subject property shall be posted as follows:
a. A single notice board shall be placed by the applicant at the midpoint of the property street frontage where it is completely visible to vehicular and pedestrian traffic or as otherwise directed by the city. Signs shall remain posted and in good repair throughout the entire comment period.
b. In cases where the subject property has multiple street frontages, is not located on a public street, or there are other visibility concerns, the community development director has the ability to require additional notice requirements including, but not limited to, additional signage and mailed notices.
2. Type III (A and B) Quasi-Judicial Applications. A written notice of application shall be mailed to all property owners, according to the county assessor’s records, within 300 feet of the subject property. Three hundred feet is the minimum notice distance. This distance may be increased by the community development director in situations where the size or nature of the project or property configurations (i.e., large lots) is such that 300 feet will not provide reasonable and meaningful notice to the public.
C. Comment Period. The public comment period following the issuance of a notice of application shall be 14 days.
D. Pursuant to RCW 36.70B.110(6), except for a determination of significance, the city may not issue a threshold determination until after the expiration of the comment period on the notice of application. (Ord. 21-28 § 5 (Exh. A), 2021)
19.03.050 Agency referral.
Within 14 days of issuing a determination of completeness the department shall transmit a copy of the application to each affected city department, utility and government agency for review and comment, including those responsible for determining compliance with state and federal requirements. There shall be a 14-day comment period on the application. The department, utility or agency is presumed to have no comments if comments are not received within the 14-day period. The director has the ability to grant an extension of time to this comment period.
Additional agency referral periods may be necessary in circumstances where the applicant significantly changes the design of the project which affects agency comments. The community development director shall make the determination if a project change necessitates an additional agency referral. (Ord. 21-28 § 5 (Exh. A), 2021)
19.03.060 Consistency with development regulations and SEPA.
A. Determination of Consistency. 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 the adopted comprehensive plan 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.
B. Environmental Review.
1. Project permit applications and development proposals subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained in the city’s SEPA ordinance and as required by the State Environmental Policy Act.
2. SEPA review shall be conducted concurrently with development project review. (Ord. 21-28 § 5 (Exh. A), 2021)
19.03.070 Vesting of project permit applications.
The purpose of this section is to identify certain points in the land use approval process at which an applicant’s rights become “vested.” Vested rights are defined as the guarantee that an application will be reviewed and a project can be developed (if a permit is issued) under regulations and procedures existing at one moment in time and regardless of changes that may have been made later and prior to final completion of a project or use.
A. Decision Criteria.
1. Building Permits.
a. Unless otherwise specified in this chapter, a building permit application shall be vested against enforcement of an ordinance implementing a change in the city’s development regulations if a complete application is submitted to the city prior to the effective date of the ordinance. A vested right shall not arise by virtue of an application for a conditional use permit, variance, comprehensive plan amendment, development regulation amendment, annexation or any other project permit application submitted prior to the application of the building permit.
b. An applicant must specifically identify a proposed land use or uses in the building permit application as the intended use of the proposed structure in order to vest the right to engage in a specific land use against an ordinance implementing a change in permitted land uses. Building permit applications which do not specifically identify the proposed use of the proposed structure shall not vest a right to engage in a specific land use against an ordinance prohibiting the use. Applications which depict a structure clearly appropriate for only a single land use shall be deemed to satisfy the requirements of identifying the proposed use.
2. Project Permit Applications for the Subdivision of Land. An application for approval of a short subdivision, major subdivision or binding site plan shall be vested against enforcement of an ordinance implementing a change in the city’s development regulations, at the time of a determination of completeness in accordance with EWMC 19.03.030.
3. Project Permit Applications Subject to Chapter 90.58 RCW, Shoreline Management Act. An application for a shoreline permit, but not a building permit, shall be vested against enforcement of an ordinance implementing a change in shoreline regulations set forth in the East Wenatchee shoreline master program if a complete application in accordance with EWMC 19.03.030 is submitted prior to the effective date of the ordinance.
Shoreline permit applications that also require a building permit are governed by this subsection A.
4. Certain Regulatory Authority Not Affected. A project permit application may be denied or approved with conditions under the authority of the city to protect and enhance the public safety, health and welfare, and under the State Environmental Policy Act (SEPA) and the city of East Wenatchee’s SEPA regulations and policies as of the date of vesting, notwithstanding the fact that the applicant has attained a vested right against enforcement of an ordinance implementing changes in regulations, codes or procedures affecting that land use action.
5. Complete Application. For Type I permit applications, a “complete application” means an application which contains all required information and signatures, and which is accompanied by all fees required to be submitted with the application pursuant to the East Wenatchee Municipal Code, or any formal written rule or procedure adopted by and in force in the city. For Types II and III permit applications, a “complete application” means a written determination of completeness in accordance with EWMC 19.03.030 has been issued.
B. Termination of Vested Rights.
1. Vesting rights are not selectively waivable. An applicant may voluntarily waive their vesting rights provided they agree in writing that the project will comply with all development regulations in effect on a different date certain agreed to between the applicant and the community development director.
2. For any project permit application that has acquired vested rights, those rights shall terminate if the application expires or is withdrawn.
3. If a project permit application is amended or redesigned to such an extent that a new determination of completeness is required, then vesting for the project shall reset to the date of the new determination of completeness.
4. Building Permits. The vested rights of a building permit shall continue until either the permit expires or final occupancy is granted.
5. Subdivisions of Land.
a. Plats. The lots in a final plat may be developed by the terms of the approval of the final plat, and the development regulations in effect at the time the preliminary plat was deemed complete for a period specified in RCW 58.17.170, unless the city council finds that a change in conditions creates a serious threat to the public health, safety or welfare.
b. Short Plats and Binding Site Plans. The lots in a short plat or binding site plan may be developed by the terms of final approval and the development regulations in effect at the time the application was deemed complete for a period of five years from the recording date, unless the city council finds that a change in conditions creates a serious threat to public health, safety or welfare. (Ord. 21-28 § 5 (Exh. A), 2021)