Chapter 17.58 ADMINISTRATION OF DEVELOPMENT REGULATIONS

“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no new evidence or information allowed to be submitted and only appeal argument allowed.

“Local government” means the city of Goldendale.

“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.

“Project permit” or “project permit application” means any land use or environmental permit or license required from a local government for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

“Public meeting” means an informal meeting, hearing, workshop or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council 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 local government’s project permit application file. (Ord. 1471 §1(part), 2017)

17.58.020 Procedures for processing project permits.

For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II, Type III or Type IV. Legislative decisions are Type V actions, and are addressed in Section 17.58.060. Exclusions from the requirements of project permit application processing are contained in Section 17.58.080. (Ord. 1471 §1(part), 2017)

17.58.030 Determination of proper procedure type.

A. Determination by Administrator. The city administrator or his/her designee (hereinafter the “administrator”), shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the administrator shall resolve it in favor of the higher procedure type number.

B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure.

C. Decision-maker(s). Applications processed in accordance with subsection B of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision-maker(s). The city council is the highest, followed by the planning commission, then the board of adjustment, and then the administrator. Joint public hearings with other agencies shall be processed according to Section 17.58.050. (Ord. 1471 §1(part), 2017)

17.58.040 Project permit application framework.

ACTION TYPE
PROCEDURE PROJECT PERMIT APPLICATIONS (TYPE I--IV) LEGISLATIVE
	Type I	Type II	Type III	Type IV	Type V
Recommendation made by:	N/A	N/A	Staff	Planning Commission	Planning Commission
Final decision made by:	Admin.	Admin.	Planning Commission or Board of Adjustment	City Council	City Council
Notice of application	No	Yes	Yes	No	No
Open record public hearing:	Only if appealed, open record hearing before City Council	Only if appealed, open record hearing before City Council	Yes, before Planning Commission or Board of Adjustment to render final decision	No	Yes, before Planning Commission to make recommendation to Council
Closed record appeal/final decision:	No	No	Only if appealed, then before Council, unless rezone, preliminary and final plats then before Council for approval	Yes, before Council to render final decision	Yes, or Council could hold its own hearing

A. The following are Type I land use decisions unless they require SEPA review, in which case they shall be a Type II land use decision:

1. Permitted uses not requiring site plan review in accordance with Chapter 17.46.

2. Boundary line adjustments.

3. Lot consolidations.

4. Sign permits in accordance with Chapter 17.42 unless a different process is designated in that chapter for a specific permit.

5. Minor amendment to PUD in accordance with Section 17.30.150(B).

6. Accessory apartments in accordance with Section 17.04.035.

7. In home day cares in accordance with Sections 17.08.030, 17.10.030, 17.12.030, 17.14.030 and 17.16.030.

8. Special event permits in accordance with Chapter 12.24.

9. Permits or decisions issued or rendered in accordance with Chapter 15.48.

B. The following are Type II land use decisions:

1. Site plan review in accordance with Section 17.46.020(A).

2. Site plan review in accordance with Section 17.46.020(B).

3. Nursery schools and day care centers in accordance with Sections 17.08.040, 17.10.040, 17.12.040, 17.14.040 and 17.16.040.

4. Short plats or short plat amendments in accordance with Chapter 16.16, unless it contains a dedication of right-of-way, in which case it shall be a Type III decision.

5. Home occupations in accordance with Chapter 17.48.

C. The following are Type III land use decisions:

1. Preliminary plats or alteration of preliminary plats in accordance with Chapter 16.20 (planning commission recommendation).

2. Planned unit development in accordance with Chapter 17.30 (planning commission recommendation).

3. Conditional use permits in accordance with Chapter 17.62 (board of adjustment).

4. Variances in accordance with Chapter 17.60 (board of adjustment).

5. Site-specific rezones in accordance with Chapter 17.66 (planning commission recommendation).

6. Shoreline substantial development permits (planning commission decision).

7. Shoreline variances (planning commission decision).

8. Shoreline conditional use permits (planning commission decision).

D. The following are Type IV land use decisions:

1. Final plats in accordance with Chapter 16.20 (planning commission recommendation).

E. The following are Type V land use decisions:

1. Area-wide rezones in accordance with Chapter 17.66 (planning commission recommendation).

2. Establishment of overlay zones unless they are site-specific then they are processed as a Type III land use decision (planning commission recommendation).

3. Zoning text amendments in accordance with Section 17.66.030 (planning commission recommendation).

4. Comprehensive plan amendments (planning commission recommendation).

5. Annexations (city council). (Ord. 1471 §1(part), 2017)

17.58.050 Joint public hearings.

A. Administrator’s Decision to Hold Joint Hearing. The administrator may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal or other agency on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met.

B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.

C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:

1. The other agency is not expressly prohibited by statute from doing so;

2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance or rule; and

3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing. (Ord. 1471 §1(part), 2017)

17.58.060 Legislative decisions.

A. Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:

1. Zoning code text and zoning district amendments;

2. Adoption of development regulations and amendments;

3. Area-wide rezones to implement new city policies;

4. Adoption of the comprehensive plan and any plan amendments; and

5. Annexations.

B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions listed in subsection A of this section. The public hearing shall be held in accordance with the requirements of Sections 17.58.410 to 17.58.480.

C. City Council. The city council may consider the planning commission’s recommendation in a public meeting held in accordance with the requirements of this chapter.

D. Board of Adjustment. The board of adjustment shall hold a public hearing and render a decision on conditional use permits and variances.

E. Public Notice. Notice of the public hearing shall be provided to the public as set forth in Section 17.58.210.

F. Implementation. The city council’s decision shall become effective by passage of an ordinance. (Ord. 1471 §1(part), 2017)

17.58.070 Legislative enactments not restricted.

Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, as part of an annual revision process, or to make changes to the city’s development regulations. (Ord. 1471 §1(part), 2017)

17.58.080 Exemptions from project permit application processing.

A. Whenever a permit or approval in the Goldendale Municipal Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:

1. Landmark designations;

2. Street vacations;

3. Street use permits.

B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and Title 18 (SEPA), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

1. Determination of completeness (Section 17.58.130(A));

2. Notice of application (Section 17.58.140);

3. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (Section 17.58.030(B));

4. Joint public hearings (Section 17.58.050);

5. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing (Section 17.58.420(C));

6. Notice of decision (Section 18.04.140);

7. Completion of project review within any applicable time periods (including the one-hundred-twenty-day permit processing time) (Sections 17.58.480(B), 17.58.490). (Ord. 1471 §1(part), 2017)

17.58.090 Administrative interpretations.

A decision of the administrator as to the meaning, application or intent to any development regulation as it relates to a specific piece of property may be requested by an applicant at any time prior to a final decision on a project permit application to which the regulation may be applied. The request shall be on a form provided by the administrator and include identification of the regulation in question, a description of the property, and a clear statement of the issue or question to be decided. (Ord. 1471 §1(part), 2017)

Article II. Type I-–IV Project Permit Applications

17.58.110 Preapplication conference.

A. Applications for project permit Type I actions involving structures five thousand square feet or over, Type III and Type IV actions shall not be accepted by the administrator unless the applicant has scheduled and attended a preapplication conference. The purpose of the preapplication conference is to acquaint the applicant with the requirements of the Goldendale Municipal Code.

B. The conference shall be held within fifteen days of the request.

C. At the conference or within five working days of the conference, the applicant will be provided with the following:

1. A form which lists the requirements for a completed application;

2. A general summary of the procedures to be used to process the application;

3. The references to the relevant code provisions or development regulations which may apply to the approval of the application;

4. The city’s design guidelines.

D. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the form sent by the city to the applicant under subsection C of this section shall not bind or prohibit the city’s future application or enforcement of all applicable law.

E. Preapplication conferences for Type I actions under five thousand square feet and Type II actions are optional, and requests for conferences will be considered on a time-available basis by the administrator. (Ord. 1471 §1(part), 2017)

17.58.120 Project permit application.

Applications for project permits shall be submitted upon forms provided by the administrator. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information:

A. A completed project permit application form;

B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;

C. A property and/or legal description of the site for all applications, as required by the applicable development regulations;

D. The applicable fee as provided for in Section 17.58.710;

E. Evidence of adequate water supply as required by Section 16.16.110(C); and

F. Evidence of sewer availability. (Ord. 1471 §1(part), 2017)

17.58.130 Submission and acceptance of application.

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

B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination required by subsection A of this section.

C. “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in Section 17.58.120, as well as the submission requirements contained in the applicable development regulations. 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 city’s determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action.

D. Incomplete Application Procedure.

1. If the applicant receives a determination from the city that an application is not complete, the applicant shall have ninety days to submit the necessary information to the city. Within fourteen days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection A of this section, and notify the applicant in the same manner.

2. If the applicant either refuses in writing to submit additional information or does not submit the required information within the ninety-day period, the application shall lapse.

E. City’s Failure to Provide Determination 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 of Application. When the project permit application is complete, the administrator shall accept it and note the date of acceptance. (Ord. 1471 §1(part), 2017)

17.58.140 Notice of application.

A. Generally. A notice of application shall issue on all Type II and III project permit applications.

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 predecision hearing is required.

C. Contents. The notice of application shall include:

1. The date of application, the date of the notice of completion for the application and the date of the notice of application;

2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;

3. The identification of other permits 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, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

5. A statement of the limits of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of 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 and scheduled at the date of notice of the application;

7. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in Chapter 18.04;

8. Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.

D. Time Frame for Issuance of Notice of Application.

1. Within fourteen days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application.

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

E. Public Comment on the Notice of Application. All public comments received on the notice of application must be received by the administrator by five p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible. (Ord. 1471 §1(part), 2017)

17.58.150 Referral and review of project permit applications.

Within ten days of accepting a complete application, the administrator shall do the following:

A. Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with the state and federal requirements. The affected agencies and city departments shall have fifteen days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The administrator shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days.

B. If a Type III procedure is required, notice and hearing shall be provided as set forth in this chapter. (Ord. 1471 §1(part), 2017)

Article III. Public Notice

17.58.210 Required public notice of application.

A. In addition to the notice of application for Type II and Type III project permits (Section 17.58.140), the city shall also provide public notice of a project permit application by posting the property and by publication in the city’s official newspaper.

1. Posting. Posting of the property for site-specific proposals shall be as follows:

a. A single notice board provided by the city shall be placed on the property at a conspicuous location.

b. The city shall prepare an affidavit of posting.

2. Published Notice. Published notice shall include at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, and published in the city’s official newspaper of general circulation in the general area where the proposal is located.

B. Shoreline Master Program Permits. Notice of an application for a permit under the purview of the city’s shoreline master program (SMP) shall be given in the manner required by the Shoreline Management Act and implementing regulations. (Ord. 1471 §1(part), 2017)

17.58.220 Notice of public hearing.

A. Content of Notice of Public Hearing for All Types of Applications. The notice given of a public hearing required in this chapter shall contain:

1. The name and address of the applicant or the applicant’s representative;

2. Description of the affected property, which may be in the form of either a vicinity location or written description, other than a legal description;

3. The date, time and place of the hearing;

4. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation;

5. The nature of the proposed use or development;

6. A statement that all interested persons may appear and provide testimony;

7. The sections of the code that are pertinent to the hearing procedure;

8. When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;

9. The name of a local government representative to contact and the telephone number where additional information may be obtained;

10. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at the city’s cost;

11. That a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and copies will be provided at the city’s cost.

B. Mailed Notice. Mailed notice of the public hearing shall be provided a follows:

1. Type I and Type IV Actions. No public notice is required because no public hearing is held, except on an appeal of a Type I action.

2. Type II and Type III Actions. The notice of public hearing shall be mailed to:

a. The applicant;

b. All owners of property within three hundred feet of the subject property;

c. Any person who submits written or oral comments on an application.

3. Type III Preliminary Plat Actions. In addition to the notice for Type III actions above for preliminary plats and proposed subdivisions, additional notice shall be provided as follows:

a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities.

b. Notice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to the appropriate county officials.

c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation, who must respond within fifteen days of such notice.

d. Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the city deems necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice required by RCW 58.17.090(1)(b) shall be given to owners of real property located with three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.

4. Type V Actions. For Type V legislative actions, the city shall publish notice as described in subsection (C)(2) of this section, and provide any other notice required by RCW 35A.12.160.

5. General Procedure for Mailed Notice of Public Hearing.

a. The records of the Klickitat County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The administrator shall issue a sworn certificate of mailing to all persons entitled to notice under this chapter. The administrator may provide notice to other persons than those required to receive notice under the code.

b. All public 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.

C. Procedure for Posted or Published Notice of Public Hearing.

1. Posted notice of the public hearing is required for all Type II and III project permit applications. The posted notice shall be posted as required by Section 17.58.210(A)(1).

2. Published notice is required for all Type II, III and V procedures. The published notice shall be published in the city’s official newspaper.

D. Time and Cost of Notice of Public Hearing.

1. Notice shall be mailed, posted and first published not less than ten nor more than thirty days prior to the hearing date. Any posted notice shall be removed by the applicant within fifteen days following the public hearing.

2. All costs associated with the public notice shall be borne by the applicant. (Ord. 1471 §1(part), 2017)

Article IV. Consistency with Development Regulations and SEPA

17.58.310 Determination of consistency.

A. Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan should be determined through the process in this chapter and the city’s adopted SEPA ordinance, Chapter 18.04.

B. Consistency. During project permit application review, the city shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project. In the absence of applicable development regulations, the city shall determine whether the items listed in this subsection are defined in the city’s adopted comprehensive plan. This determination of consistency shall include the following:

1. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied;

2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density;

3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; and

4. Character of the development, such as development standards. (Ord. 1471 §1(part), 2017)

17.58.320 Initial SEPA analysis.

A. The city shall also review the project permit application under the requirements of the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 177-11 WAC, and the city environmental policy ordinance, Chapter 18.04, and shall:

1. Determine whether the applicable regulations require studies that adequately analyze all of the project permit application’s specific probable adverse environmental impacts;

2. Determine if the applicable regulations require measures that adequately address such environmental impacts;

3. Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures;

4. Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

B. In its review of a project permit application, the city may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

C. If the city bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection A of this section, the city shall not impose additional mitigation under SEPA during project review.

D. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:

1. The impacts have been avoided or otherwise mitigated; or

2. The city has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.

E. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the city shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the city shall base or condition its project approval on compliance with these other existing rules or laws.

F. Nothing in this section limits the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW. (Ord. 1471 §1(part), 2017)

17.58.330 Categorically exempt and planned actions.

A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 177-11 WAC) may not be conditioned or denied under SEPA.

B. Planned Actions.

1. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.

2. A “planned action” means one or more types of project action that:

a. Are designated planned actions by an ordinance or resolution adopted by the city;

b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

i. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or

ii. A fully contained community, a master planned resort, a master planned development or a phased project;

c. Are subsequent or implementing projects for the proposals listed in subsection (B)(2)(b) of this section;

d. Are located within an urban growth area, as defined in RCW 36.70A.030;

e. Are not essential public facilities, as defined in RCW 36.70A.200; and

f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW.

C. Limitations on Planned Actions. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.

D. During project review, the city shall not reexamine alternatives to or hear appeals on the items identified in Section 17.58.310(B), except for issues of code interpretation.

E. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. (Ord. 1471 §1(part), 2017)

Article V. Open Record Public Hearings

17.58.410 General.

Public hearings on all Type II, III and V project permit applications shall be conducted in accordance with this chapter. (Ord. 1471 §1(part), 2017)

17.58.420 Responsibility of administrator for hearing.

The administrator shall:

A. Schedule an application for review and public hearing;

B. Give notice;

C. Prepare the staff report on the application, which shall be a single report stating all of the decisions made as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the city’s authority under SEPA. If the threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append this determination. In the case of a Type I or II project permit application, this report may be the permit;

D. Prepare the notice of decision, if required by the hearing body and/or mail a copy of the notice of decision to those required by this code to receive such decision. (Ord. 1471 §1(part), 2017)

17.58.430 Conflict of interest, ethics, open public meetings, appearance of fairness.

The hearing body shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), open public meetings (Chapter 42.30 RCW), and appearance of fairness (Chapter 42.36 RCW) as the same now exist or may hereafter be amended. (Ord. 1471 §1(part), 2017)

17.58.440 Ex parte communications.

A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before him or her, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate; except as provided in this section:

1. The hearing body may receive advice from legal counsel;

2. The hearing body may communicate with staff members (except where the proceeding relates to a code enforcement investigation or prosecution).

B. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in subsection C of this section.

C. If the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record:

1. All written communications received;

2. All written responses to the communications;

3. State the substance of all oral communications received, and all responses made;

4. The identity of each person from whom the examiner received any ex parte communication.

D. The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within ten days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record. (Ord. 1471 §1(part), 2017)

17.58.450 Disqualification.

A. A member of the hearing body who is disqualified shall be counted for purposes of forming a quorum. Any member who is disqualified may do so only by making full disclosure to the audience, abstaining from voting on the proposal, vacating the seat on the hearing body and physically leaving the hearing.

B. If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be requalified and shall proceed to resolve the issues.

C. Except for Type V actions, a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless a member has reviewed the evidence received. (Ord. 1471 §1(part), 2017)

17.58.460 Burden and nature of proof.

Except for Type V actions, the burden of proof is on the proponent. The project permit application must be supported by proof that it conforms to the applicable elements of the city’s development regulations, comprehensive plan and that any significant adverse environmental impacts have been adequately addressed. (Ord. 1471 §1(part), 2017)

17.58.470 Order of proceedings.

A. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.

1. Before receiving information on the issue, the following shall be determined:

a. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate;

b. Any abstentions or disqualifications shall be determined.

2. The presiding officer may take official notice of known information related to the issue, such as:

a. A provision of any ordinance, resolution, rule, officially adopted development standard or state law;

b. Other public records and facts judicially noticeable by law.

3. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record. However, the hearing body may take notice of matters listed in subsection (A)(2) of this section if stated for the record. Any matter given official notice may be rebutted.

4. The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner and circumstances of such view on the record.

5. Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the questions to the person submitting testimony.

6. When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided. (Ord. 1471 §1(part), 2017)

17.58.480 Decision and notice of decision.

A. Following the hearing procedure described in Section 17.58.470, the hearing body shall approve, conditionally approve or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse or remand the decision that is on appeal.

B. The hearing body’s written decision shall issue within ten days after the hearing on the project permit application. The notice of final decision shall issue within one hundred twenty days after the city notifies the applicant that the application is complete. The time frames set forth in this section and Section 17.58.490 shall apply to project permit applications filed on or after July 17, 2017.

C. The city shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. For Type II, III and IV project permits, the notice of decision on the issued permit shall contain the requirements set forth in Chapter 18.04.

D. The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.

E. The notice of decision shall be provided to the public as set forth in Section 17.58.210.

F. If the city is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project 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 decision. (Ord. 1471 §1(part), 2017)

17.58.490 Calculation of time periods for issuance of notice of final decision.

A. In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of final decision, the following periods shall be excluded:

1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the city;

2. If the city determines that the information submitted by the applicant under subsection (A)(1) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (A)(1) of this section shall apply as if a new request for studies have been made;

3. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;

4. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed:

a. Ninety days for an open record appeal hearing; and

b. Sixty days for a closed record appeal.

(The parties may agree to extend these time periods).

5. Any extension of time mutually agreed upon by the applicant and the local government.

B. The time limits established in this title do not apply if a project permit application:

1. Requires an amendment to the comprehensive plan or a development regulation;

2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;

3. Is an application for a permit or approval described in Section 17.58.330; or

4. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70B.070. (Ord. 1471 §1(part), 2017)

Article VI. Closed Record Decisions and Appeals

17.58.510 Appeals of decisions.

Project permit applications shall be appealable as provided in the framework in Section 17.58.040. (Ord. 1471 §1(part), 2017)

17.58.520 Consolidated appeals.

A. All appeals of project permit application decisions, other than an appeal of determination of significance (“DS”), shall be considered together in a consolidated appeal.

B. Appeals of environmental determinations under SEPA, Chapter 18.04, shall proceed as provided in that chapter. (Ord. 1471 §1(part), 2017)

17.58.530 Standing to initiate administrative appeal.

A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type III or IV decision on a project permit application.

B. Definition. The term “parties of record,” for the purposes of this chapter, means:

1. The applicant;

2. Any person who testified at the open record public hearing on the application; and/or

3. Any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have only signed petitions or mechanically produced form letters). (Ord. 1471 §1(part), 2017)

17.58.540 Closed record decisions and appeals.

A. Type III or IV Project Permit Decisions or Recommendations. Appeals of the hearing body’s decision or recommendation on a Type III or IV project permit application shall be governed by the following:

1. Standing. Only parties of record have standing to appeal the hearing body’s decision.

2. Time for Filing. An appeal of the hearing body’s decision must be filed within fourteen calendar days following issuance of the hearing body’s written decision. Appeals may be delivered to the planning department by mail, personal delivery or fax before five p.m. on the last business day of the appeal period.

3. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, or 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. (RCW 35A.21.080.)

4. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee in accordance with the provisions of Section 17.58.710 and contain the following information:

a. Appellant’s name, address and phone number;

b. Appellant’s statement describing his or her standing to appeal;

c. Identification of the application which is the subject of the appeal;

d. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;

e. The relief sought, including the specific nature and extent;

f. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

5. Effect. The timely filing of an appeal shall stay the effective date of the hearing body’s decision until such time as the appeal is adjudicated by the council or withdrawn.

6. Notice of Appeal. The administrator shall provide public notice of the appeal as provided in Section 17.58.220(B)(2)(a) and (B)(2)(c). (Ord. 1471 §1(part), 2017)

17.58.550 Procedure for closed record decision/appeal.

A. The following sections of this title shall apply to a closed record decision/appeal hearing: Sections 17.58.430, 17.58.440, 17.58.450, 17.58.460, 17.58.470(A)(1), (A)(2), (A)(3), (A)(6), and 17.58.480.

B. The closed record appeal/decision hearing shall be on the record before the hearing body, and no new evidence may be presented. (Ord. 1471 §1(part), 2017)

17.58.560 Judicial appeals.

The city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Klickitat County superior court. Such petition must be filed within twenty-one days of issuance of the decision, as provided in Chapter 36.70C RCW. (Ord. 1471 §1(part), 2017)

17.58.570 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or the remainder of this title. (Ord. 1471 §1(part), 2017)

Article VII. Enforcement

17.58.610 Enforcing official--Administrator.

The administrator is responsible for enforcing Titles 16, 17 and 18 (this includes all land use titles such as zoning, subdivisions, critical area, shoreline management, and the like) and may adopt administrative rules to meet that responsibility. The administrator may delegate enforcement responsibility to other city staff as appropriate. (Ord. 1471 §1(part), 2017)

17.58.620 General penalty.

Compliance with the requirements of Titles 16, 17 and 18 is mandatory. The penalties and remedies heretofore established by the Goldendale Municipal Code for violation of the provisions of such titles shall continue to apply. The enforcement actions authorized under this chapter are supplemental to those penalties and remedies and are not intended to supersede the same. (Ord. 1471 §1(part), 2017)

17.58.630 Application.

A. Actions under this chapter will be taken in any order deemed necessary or desirable by the administrator to achieve the purpose of this chapter.

B. Proof of a violation of a development permit or approval will constitute prima facie evidence that the violation is that of the applicant and/or owner of the property upon which the violation exists. An enforcement action under this chapter will not relieve or prevent enforcement against any other responsible person. (Ord. 1471 §1(part), 2017)

17.58.650 Administrative order of compliance.

A. Authority. An administrative order of compliance may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken, in violation of Title 16, 17 or 18.

B. Notice. An order of compliance will be deemed served and be effective when posted at the location of the violation and/or delivered to any suitable person at the location and/or delivered by mail or otherwise to the owner or other person having responsibility for the locations.

C. Content. The order of compliance will set forth:

1. The name and address of the person to whom it is directed;

2. The location and specific description of the violations;

3. A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed;

4. An order that the violation immediately cease, or that the potential violation be avoided;

5. An order that the person stop work until correction and/or remediation of the violation as specified in the order;

6. A specific description of the actions required to correct, remedy or avoid the violation, including a time limit to complete such actions;

7. A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.

D. Remedial Action. The administrator may require any action reasonably calculated to correct or avoid the violation, including but not limited to replacement, repair, supplementation, revegetation or restoration.

E. Appeal. An administrative order of compliance may be appealed to the city council in accord with Section 8.45.500.

F. Legal Action. Any person who does not comply with an order of compliance will be subject to appropriate legal action, including possible submittal of the matter to a court of competent jurisdiction. (Ord. 1471 §1(part), 2017)

17.58.660 Review of approved permits.

A. Review. Any approval or permit issued under the authority of this code may be reviewed for compliance with the requirements of the code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception.

B. Initiation of Review. The review of an approval or permit may be initiated by the administrator, city council, or by petition to the administrator by three property owners or three residents of separate dwelling units in the city, stating their belief as to the noncompliance, nuisance or hazard of the permitted activity.

C. Administrator’s Investigation. Upon receipt of information indicating the need for, or upon receiving a request for review of a permit or approval, the administrator will investigate the matter and take one or more of the following actions:

1. Notify the property owner or permit holder of the investigation; and/or

2. Issue an administrative order of compliance; and/or recommend revocation or modification of the permit or approval; and/or

3. Refer the matter to the city attorney; and/or

4. Refer the matter to the city council with a recommendation for action. (Ord. 1471 §1(part), 2017)

17.58.670 Revocation or modification of permits and approvals.

A. Upon receiving an administrator’s recommendation for revocation or modification of a permit or approval, the city council will review the matter at a public hearing. Upon a finding that the activity does not comply with the conditions of approval or the provisions of this code, or creates a nuisance or hazard, the city council may delete, modify or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the council finds no reasonable conditions which would remedy the deficiencies, the permit or approval will be revoked and the activity allowed by the permit or approval must cease.

B. Reapplication. If a permit or approval is revoked for fraud or deception, no similar application will be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of this code. (Ord. 1471 §1(part), 2017)

Article VIII. Fees

17.58.710 Payment of fees.

A. Both the applicant and the owner of the property for which a permit or approval is required are individually responsible for the payment of fees, costs and deposits required by this chapter.

B. The following applies to the payment of fees, costs and deposits required by this chapter:

1. No application for a permit, approval or service under the Goldendale Municipal Code will be accepted by the city unless all fees, costs and deposits required at submittal by any city ordinance have been paid in full.

2. No plans or specifications relating to any application filed with the city under the Goldendale Municipal Code will be reviewed by the city until all fees, costs and deposits required for review by any city ordinance have been paid in full.

3. No final decision on an application for a permit or approval will be made until all fees, costs and deposits required by any city ordinance have been paid in full.

C. There shall be paid to and collected by the city clerk-treasurer the following fees.

1. Application for a rezone (Chapter 17.66): Three hundred dollars.

2. Application for a variance (Chapter 17.60 and Section 16.32.010): Two hundred dollars.

3. Application for a conditional use permit (Chapter 17.62): Two hundred dollars.

4. Appeal of any decision of the city administrator or planning commission: One hundred dollars. (Ord. 1471 §1(part), 2017)