Chapter 14.09
REVIEW AND APPROVAL PROCESS
Sections:
14.09.010 Administrative approvals without notice.
14.09.020 Administrative approvals subject to notice.
14.09.030 Planning commission proceedings.
14.09.040 City council proceedings.
14.09.050 Procedure for public hearings.
14.09.060 Procedures for closed record appeals.
14.09.010 Administrative approvals without notice.
The administrator shall approve, approve with conditions, or deny the following without notice:
A. Lot line adjustments (short plat exemptions);
B. Extension of time for approval;
C. Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not affect: (1) the overall project character, (2) increase the number of lots, dwelling units, or density, or (3) decrease the quality or amount of open space;
D. Home occupations. (Ord. 1450 § 1, 1996).
14.09.020 Administrative approvals subject to notice.
The administrator shall either approve, approve with conditions, or deny the following actions subject to the notice and appeal requirements of this chapter:
A. Short subdivisions (short plats). (Ord. 1450 § 1, 1996).
14.09.030 Planning commission proceedings.
A. Actions. Upon receiving a staff report and recommendation from the staff or notice of any other matter requiring the planning commission’s attention, the commission shall perform the following actions as appropriate:
1. Make a decision on a staff recommendation.
2. Hold hearings and make decisions on conditional use permits.
3. Review and provide recommendations based on the appropriate chapters of the Grandview Municipal Code.
a. Staff Report. A staff report will be prepared on the proposed development or action summarizing the comments and recommendations of the city departments, affected agencies and special districts, evaluating the development’s consistency with the city’s development code, adopted plans and regulations. The staff report shall include findings, conclusions and a proposed recommendation(s) for disposition of the development application.
b. Hearing. The planning commission or hearing examiner (if determined under this chapter) shall conduct an open record public hearing on the development proposal or proposal(s) for the purpose of taking testimony, hearing evidence, considering the facts pertinent to the proposal, and evaluating the proposal for consistency with the city’s development code, adopted plans and regulations. Notice of the hearing shall be in accordance with GMC 14.07.030.
c. Required Findings. The planning commission or hearing examiner shall not recommend approval of a proposed development unless it first makes the following findings and conclusions:
i. The development is consistent with the comprehensive plan and meets the requirements and intent of the Grandview Municipal Code.
ii. The development makes adequate provisions for drainage, streets and other public ways, irrigation water, domestic water supply, and sanitary wastes.
iii. The development adequately mitigates impacts identified under other GMC chapters and in particular GMC Title 18.
iv. The development is beneficial to the public health, safety and welfare and is in the public interest.
v. The development does not lower the level of service of transportation below the minimum standards as shown within the comprehensive plan. If the development results in a level of service lower than those shown in the comprehensive plan, the development may be approved if improvement or strategies to raise the level of service are made concurrent with the development. For the purpose of this section, “concurrent with the development” is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development.
vi. The area, location and features of any land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development.
4. Recommendation. Following the open record hearing, the planning commission or hearing examiner shall prepare a report setting forth its findings, conclusions and recommendations and shall transmit this report to the city council within 14 days following the open record hearing.
B. Decisions. The planning commission or hearing examiner shall make its decision by motion, and provide written findings and conclusions.
1. A planning commission or hearing examiner decision on a conditional use permit following a public hearing shall include one of the following actions:
a. Approve as recommended;
b. Approve with conditions;
c. Modify; provided, that the modifications do not:
i. Enlarge the area or scope of the project;
ii. Increase the density or proposed building size;
iii. Significantly increase adverse environmental impacts as determined by the responsible official;
d. Deny (reapplication or resubmittal is permitted);
e. Deny with prejudice (reapplication or resubmittal is not allowed for one year);
f. Remand for further proceedings and/or evidentiary hearing in accordance with GMC 14.09.070.
2. A planning commission or hearing examiner decision following an open record appeal hearing shall include one of the following actions:
a. Grant the appeal in whole or in part;
b. Deny the appeal in whole or in part;
c. Remand for further proceedings. (Ord. 1703 § 7, 2005; Ord. 1450 § 1, 1996).
14.09.040 City council proceedings.
A. Actions. Upon receiving a recommendation from the planning commission, hearing examiner or notice of any other matter requiring the council’s attention, the council shall perform the following actions as appropriate:
1. Make a decision on a planning commission or hearing examiner recommendation.
2. Hold hearings and make decisions based on the appropriate chapters of the Grandview Municipal Code on the following:
a. Appeal of administrative interpretations;
b. Appeal of administrative decisions;
c. Other matters not prohibited by law.
B. Decisions. The city council shall make its decision by motion, resolution, or ordinance as appropriate.
1. A council decision on a planning commission or hearing examiner recommendation or following a public hearing shall include one of the following actions:
a. Approve as recommended;
b. Approve with conditions;
c. Modify; provided, that the modifications do not:
i. Enlarge the area or scope of the project;
ii. Increase the density or proposed building size;
iii. Significantly increase adverse environmental impacts as determined by the responsible official;
d. Deny (reapplication or resubmittal is permitted);
e. Deny with prejudice (reapplication or resubmittal is not allowed for one year);
f. Remand for further proceedings and/or evidentiary hearing in accordance with GMC 14.09.070.
2. A council decision following a closed record appeal hearing shall include one of the following actions:
a. Grant the appeal in whole or in part;
b. Deny the appeal in whole or in part;
c. Remand for further proceedings.
3. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:
a. Zoning code text and zoning district amendments;
b. Adoption of development regulations and amendments;
c. Area-wide rezones to implement new city policies;
d. Adoption of the comprehensive plan and any plan amendments; and
e. Annexations.
C. Council 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 (RCW 36.70B.020(4)). (Ord. 1703 § 8, 2005; Ord. 1450 § 1, 1996).
14.09.050 Procedure for public hearings.
A. Ex Parte Communications. No member of a 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).
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 as follows:
1. All written communications received;
2. All written responses to the communications;
3. The substance of all oral communications received, and all responses made;
4. Identify each person from whom the member received any ex parte communication.
The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within 10 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.
B. Disqualification.
1. 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.
2. 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.
3. Except for council legislative decisions as shown in GMC 14.03.030(A), a member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.
C. Public Hearings Procedure. Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. Following are the procedures for open record public hearings and closed record public hearings.
1. Open Record Public Hearing Procedure. The following procedure is used by the Grandview planning commission/city council to meet appearance of fairness requirements and to create or supplement the hearing record:
TONIGHT THE PUBLIC HEARING WILL INCLUDE THE FOLLOWING ACTION(S) (List the Action(s) and Location of Proposal)
____________________________________
PLANNING COMMISSION CHAIR/MAYOR
1. These hearings must be fair in form and substance as well as appearance, therefore:
a. Is there anyone in the audience who objects to my participation as Mayor, or any Commissioner’s/Councilmember’s participation in these proceedings? (If objections, the objector must state his/her name, address, and the reason for the objection.)
b. Do any of the Commissioners/Councilmembers have an interest in this property or issue? Do any of you stand to gain or lose any financial benefit as a result of the outcome of this hearing? Can you hear and consider this in a fair and objective manner?
c. Has any member of the Commission/Council engaged in communication outside this hearing with opponents or proponents on these issues to be heard? If so, that member must place on the record the substance of any such communication so that other interested parties may have the right at this hearing to rebut the substance of the communication.
d. Thank you, the hearing will continue.
(or)
At this point, Commissioner/Councilmember ***** will be excusing himself from the meeting. [Ask Commissioner/Councilmember to state his/her reasons for being excused.]
2. The purpose of this hearing is for the Commission/Council to hear and consider the pertinent facts relating to this application.
3. Everyone present will be given an opportunity to be heard.
THE PUBLIC HEARING FOR THE ________ ________________ IS NOW OPEN.
1. Before hearing from the public, the ______ ______________ will present the staff report. (________ gives report.)
2. Comments will be received from the APPLICANT.
3. Comments received by mail will now be entered in the record. The Clerk reads any received.
4. As this public hearing must proceed in an orderly fashion, I am asking your cooperation in the following procedure:
a. When you address the Commission/Council, begin by stating your name and address for the record.
b. Speak slowly and clearly.
c. You will be allowed five minutes for your comments.
d. If additional time is needed, it will be provided after everyone has had an opportunity to comment.
e. The Commissioners/Councilmembers will hold their questions until everyone has had an opportunity to comment.
Public comments will now be received.
5. City Staff, do you have additional comments?
6. Does the APPLICANT have additional comments?
7. Are there additional comments from the public?
8. Commissioners/Councilmembers, do you have any questions of the public or staff?
9. The public testimony portion of this hearing is now closed. No further comments will be received.
10. Now that we have heard the public comments and you have reviewed the documents (staff report, prior hearings, letters) concerning this application, this subject is open for discussion of findings of fact and conclusions by the Commissioners/Councilmembers. If you are in agreement with the staff report, you may adopt (or adopt with modifications) its findings and conclusions as a basis for your action or you may state your own findings and conclusions.
2. Closed Record Public Hearing Procedure. The following procedure is used by the Grandview city council to meet appearance of fairness requirements and to create or supplement the hearing record:
TONIGHT THE CLOSED RECORD PUBLIC HEARING WILL INCLUDE THE FOLLOWING ACTION(S) (List the Action(s) and Location of Proposal)
____________________________________
MAYOR
1. These hearings must be fair in form and substance as well as appearance, therefore:
a. Is there anyone in the audience who objects to my participation as Mayor, or any Councilmember’s participation in these proceedings? (If objections, the objector must state his/her name, address, and the reason for the objection.)
b. Do any of the Councilmembers have an interest in this property or issue? Do any of you stand to gain or lose any financial benefit as a result of the outcome of this hearing? Can you hear and consider this in a fair and objective manner?
c. Has any member of the Council engaged in communication outside this hearing with opponents or proponents on these issues to be heard? If so, that member must place on the record the substance of any such communication so that other interested parties may have the right at this hearing to rebut the substance of the communication.
d. Thank you, the hearing will continue.
(or)
At this point, Councilmember ***** will be excusing himself from the meeting. [Ask Councilmember to state his/her reasons for being excused.]
2. The purpose of this hearing is for the Council to review the record and consider the pertinent facts relating to this application.
3. No new testimony will be allowed. Any clarification of the record being requested by the Councilmembers will first be authorized by the Mayor after consulting with the City Attorney.
THE CLOSED RECORD PUBLIC HEARING FOR THE _____________________________ WILL NOW BEGIN.
1. The record generated will be provided by staff. ________________ will provide a review of the record. (_______________________ gives report.)
2. Councilmembers will now consider the record and discuss among themselves the facts and testimony from the open record hearing. (Discussion and any requests for clarification of the record are made).
(Requests for clarification are directed to the Mayor and must be specific to the record. The Mayor after consulting with the City Attorney will authorize the clarification or deny it based on the opinion of the City Attorney.
3. If clarification of the record is authorized:
Mayor:
a. When you address the Commission/Council, begin by stating your name and address for the record.
b. Speak slowly and clearly.
c. You will be allowed to only provide the clarification of the record as authorized. No new testimony will be allowed.
4. Now that we have reviewed the record concerning this application, this subject is open for decision. Council may:
a. Approve as recommended.
b. Approve with conditions.
c. Modify, with or without the applicant’s concurrence, provided that the modifications do not:
i. Enlarge the area or scope of the project.
ii. Increase the density or proposed building size.
iii. Significantly increase adverse environmental impacts as determined by the responsible official.
iv. Deny (reapplication or resubmittal is permitted).
v. Deny with prejudice (reapplication or resubmittal is not allowed for one year).
vi. Remand for further proceedings and/or evidentiary hearing in accordance with Section 14.09.070.
(Ord. 1450 § 1, 1996).
14.09.060 Procedures for closed record appeals.
Closed record appeals shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to provide argument and guidance for the body’s decision. Closed record appeals shall be conducted generally as provided for closed record public hearings. Except as provided in GMC 14.09.070, no new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments. (Ord. 1450 § 1, 1996).
14.09.070 Remand.
In the event the city council determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the council may remand the matter back to the hearing body to correct the deficiencies. The council shall specify the items or issues to be considered and the time frame for completing the additional work. The council may hold a public hearing on a closed record appeal only for the limited purposes identified as follows: The council may receive evidence in addition to that contained in the agency record for judicial review, only if it relates to the validity of the agency action at the time it was taken and is needed to decide disputed issues regarding: (a) improper constitution as a decision-making body or grounds for disqualification of those taking the agency action; (b) unlawfulness of procedure or of decision-making process; or (c) material facts in rule making, brief adjudications, or other proceedings not required to be determined on the agency record. (RCW 34.05.562(1)) (Ord. 1450 § 1, 1996).
14.09.080 Final decision.
A. Time. The final decision on a development proposal shall be made within 120 days from the date of the letter of completeness. Exceptions to this include:
1. Amendments to the comprehensive plan or development code;
2. Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the administrator shall determine whether the information is adequate to resume the project review;
3. Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the city determines the revised application to be complete;
4. All time required for the preparation and review of an environmental impact statement;
5. Projects involving the siting of an essential public facility;
6. An extension of time mutually agreed upon by the city and the applicant;
7. All time required to obtain a variance;
8. Any remand to the hearing body;
9. All time required for the administrative appeal of a determination of significance.
Procedural flows for decisions are as shown, but not limited to those, on Table 14.09.080, “Procedures”.
B. Effective Date. The final decision of the council or hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal periods shall be calculated shall be the date the council or hearing body takes action on the motion, resolution, or ordinance. (Ord. 1580 § 2, 2000; Ord. 1450 § 1, 1996).
|
ACTION |
Public Comment Period |
Open Record Predecision Meeting |
Open Record Hearing |
Decision |
Open Record Appeal |
Closed Record Appeal |
|
Building permit |
No/15 days |
No |
No |
Staff/BO |
AB |
SC |
|
Short Plat Exemption/ |
No |
No |
No |
Staff/PWD |
CC |
SC |
|
Home Occupation |
No |
No |
No |
Staff/PWD |
PC |
CC |
|
Conditional Use Permit |
15 days |
No |
PC |
PC |
No |
SC |
|
*Short Plat (30/90 days) |
No |
No |
No |
Staff/PWD |
CC |
SC |
|
*Preliminary Plat (30/90 days) |
15 days |
No |
PC |
CC |
No |
SC |
|
*Final Plat (30/90 days) |
No |
No |
No |
CC |
No |
SC |
|
Shoreline Permit |
15 days |
PC |
CC |
CC |
No |
SHB |
|
Variance |
15 days |
No |
BADJ |
BADJ |
No |
SC |
|
*Comprehensive Plan Amendment |
3 to 6 months |
PC |
CC |
CC |
EWGMHB |
SC |
|
*Title 17/18 Amendment |
15 days |
No |
PC |
CC |
No |
SC |
|
*Change of Zone |
15 days |
No |
PC |
CC |
No |
SC |
|
*Change of Future Zone |
15 days |
No |
PC |
CC |
No |
No |
|
*Annexations/Zoning |
No |
CC |
PC |
CC/BRB |
No |
No |
|
Planned Development/Bind Site |
15 days |
no |
PC |
CC |
No |
SC |
|
*Development Agreement/ Improvements (Street Signs) |
No No |
No No |
PC PC |
CC CC |
No No |
SC SC |
* Legislative; not subject to 120-day limit.
|
BO – Building Official |
AB – Appeals Board |
SHB – Shoreline Hearings Board |
|
PWD – Public Works Director |
PC – Planning Commission |
BADJ – Board of Adjustment |
|
CC – City Council |
SC – Superior Court |
|
|
BRB – Boundary Review Board |
EWGMHB – Eastern Washington Growth Management Hearings Board |
|