Chapter 14.03 TYPE I THROUGH TYPE IV PROJECT PERMIT APPLICATIONS

Chapter 14.03
TYPE I THROUGH TYPE IV PROJECT PERMIT APPLICATIONS

Sections:

14.03.030 Submission and acceptance of applications.

14.03.050 Referral and review of project permit applications.

14.03.010 Pre-application conference.

A. Applicants for Type III and IV project permits shall participate in a pre-application conference with the director. Applications for Type III and IV permits shall not be accepted by the city unless the applicant has participated in a pre-application conference or had that requirement waived by the director.

B. The conference shall be held within 15 days of the request unless the applicant agrees to a longer time period. The pre-application conference will be scheduled by the director.

C. The city shall provide the applicant with all available information pertinent to the project permit application process at the time of the pre-application conference. The discussion at the pre-application conference shall not bind or prohibit the city from future application or enforcement of all applicable law.

D. The fee for a pre-application conference shall be as stated in Chapter 3.80 FMC. (Ord. 1227 § 19, 1996).

14.03.020 Project permit applications.

Applications for project permits shall be submitted upon forms provided by the director. An application shall include all of the information required by the director and the FMC, and the applicable fee. (Ord. 1227 § 20, 1996).

14.03.030 Submission and acceptance of applications.

A. Notice of Completeness. Within 28 days after receiving a project permit application, the city shall mail or personally provide a written determination to the applicant which states either: (1) the application is complete; or (2) that the application is incomplete and what is necessary to make it completed.

B. Identification of Other Agencies with Jurisdiction. To the extent known, other agencies with jurisdiction over the project permit application shall be identified in the city’s notice of completeness.

C. Complete Application. A project permit application is complete for the purposes of this section when it meets the submission requirements contained in FMC 14.03.020. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The notice of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice, or during project review, or when there are changes in the proposed action.

D. Incomplete Application Procedure.

1. If the applicant receives a determination from the city that an application is incomplete, the applicant shall have 90 days to submit the requested information to the city. Within 14 days after an applicant has submitted the requested information, the city shall make a determination as described in subsection (A) of this section.

2. If the applicant does not submit the requested information within 90 days, the application shall be considered withdrawn except as provided for in FMC 14.02.060.

3. In those situations where the application has lapsed because the applicant has failed to submit the required information within the necessary time period, the applicant may request a partial refund of the application fee. The applicant shall request the refund within 60 days after being notified that the application has been rejected. The city shall deduct from the permit fee the costs of processing the application to the date of the refund request.

E. City’s Failure to Provide a Notice of Completeness. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection (A) of this section.

F. Date of Acceptance. When the project permit application is complete, the director shall accept it and note the date of acceptance. (Ord. 1227 § 21, 1996).

14.03.040 Notice of application.

A. Generally. A notice of application shall be issued on all Type II, III and IV project permit applications except as noted in FMC 14.02.050 and subsection (B) of this section.

B. SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA unless a public comment period or an open record decision hearing is required.

C. Contents. The notice of application shall include:

1. The date of the application, the date of the notice of completeness, and the date of the notice of application;

2. A description of the proposed project action, a list of the project permits included in the application, and if applicable, a list of any studies requested;

3. The identification of other permits required for the project that are not included in the application, to the extent known by the city;

4. The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed;

5. A statement of the limits of the public comment period, which shall not be less than 14 nor more than 30 days following the notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;

6. The date, time, place, and type of hearing, if applicable;

7. A statement of the preliminary determination of consistency, if one has been made at the time of the notice, and of those development regulations that will be used for project mitigation and consistency; and

8. Any other information determined to be appropriate by the city.

D. Time Frame for Issuance of Notice of Application.

1. Within 14 days after the city has issued a notice of completeness on a project permit application, the city shall issue a notice of application. The comment period on the notice of application will not begin until the project site is posted as required in Chapter 14.06 FMC.

2. If any open record predecision hearing is required for the requested project permit, the notice of application shall be provided at least 15 days prior to the open record hearing.

E. Public Comment on Notice of Application. All public comments received on the notice of application must be received by the director by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered, or sent by facsimile and should be as specific as possible.

F. Recommendation or Determination. Except for a determination of significance and a determination of completeness, the city may not issue its threshold determination or issue a decision or recommendation on a project permit application until the expiration of the public comment period on the notice of application. (Ord. 1227 § 22, 1996).

14.03.050 Referral and review of project permit applications.

Within 10 days of issuing a notice of completion, the director may transmit a copy of the application, or the appropriate parts of the application, to each affected agency and city department for review and comment, including those agencies responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 working days from the mailing date to comment. The agencies and/or city departments are presumed to have no comments if comments are not received within the specified time period. The director may grant an extension of time for comments if the application involves unusual circumstances. (Ord. 1227 § 23, 1996).