Chapter 15.08
ADMINISTRATION OF DEVELOPMENT REGULATIONS
Sections:
15.08.010 Purpose and applicability.
15.08.040 Pre-application conference.
15.08.050 Optional consolidated permit processing.
15.08.060 Project permit application.
15.08.070 Determination of completeness.
15.08.080 Notice of application—Exemptions and requirements.
15.08.090 Notice of application—Contents—Timing—Distribution.
15.08.100 Determination of consistency with existing plans and regulations.
15.08.110 Public hearing procedures.
15.08.120 Report of decision—Content—Distribution.
15.08.130 Report of decision—Timing.
15.08.140 Administrative interpretation.
15.08.150 Administrative appeals.
15.08.170 Approval, review and appeal authority.
15.08.190 Application time limit.
15.08.200 Application withdrawal and renewal.
15.08.210 Application and review fees.
15.08.010 Purpose and applicability.
The purpose of this chapter is to comply with state guidelines for combining and expediting development review and integrating environmental review and land use development plans as required by Chapter 36.70B RCW. The provisions of this chapter apply when processing applications subject to this title, except as specifically exempted by this chapter. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.020 Administration.
The city planner is responsible for ensuring that the provisions of this title are carried out. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.030 Exempt actions.
A. The following actions are exempt from the procedures listed in subsection B of this section:
1. Zoning ordinance text amendments;
2. Adoption of or amendment to development regulations;
3. Area-wide rezones to implement new city policies;
4. Annexations;
5. Adoption of or amendment to the comprehensive plan;
6. Landmark designations;
7. Street vacations;
8. Site plan review prior to the issuance of building permits that are exempt from SEPA.
B. The actions listed in subsection A of this section are exempt from the following procedures:
1. Determination of completeness;
2. Notice of application;
3. Optional consolidated project permit review processing, except as provided in RCW 36.70B.140;
4. Joint public hearings;
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;
6. Report of decision;
7. Completion of project review within any applicable time periods (including the one hundred twenty (120) day permit processing time). (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.040 Pre-application conference.
A. Applicants are encouraged, but not required, to request a pre-application conference with the city planner before submitting an application to discuss requirements and the review process. Any comments concerning the proposed development during the pre-application conference should not be interpreted as approval or denial of the proposal.
B. If an applicant requests integrated and consolidated permit processing (as described in Section 15.08.050), then a pre-application conference is required. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.050 Optional consolidated permit processing.
A. An applicant may request integrated and consolidated review and decision on two (2) or more project permits relating to a proposed project action. This includes a single application review and approval process covering all project permits requested by the applicant for all or part of a project action. This also includes a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application and report of decision must include all project permits being reviewed through the consolidated permit review process.
B. There are different categories of project permits in the city including:
1. Proposals that are categorically exempt from Chapter 43.21C RCW, that do not require environmental review or public notice, and that are decided by the city council;
2. Permits that require environmental review, but no open record predecision hearing, and that are decided by the city council or hearing examiner; and
3. Permits that require a threshold determination, an open record predecision hearing by the city council or hearing examiner, and a decision by the city council or hearing examiner.
C. If an applicant requests consolidated permit processing, and a project action requires project permits from more than one (1) category, all of the project permits will be reviewed according to the review procedures that are required for the permit requiring the most review.
D. Consolidated permit review may include a single open record hearing and no more than one (1) closed record appeal as provided in RCW 36.70B.060.
E. In consolidated permit review, the decision-making bodies must develop a timeline for permit approval and must jointly conduct a single open record hearing and work together on making the required findings of fact. The decision-making bodies will issue separate reports of decision but will package them together (RCW 36.70B.120). (Ord. 919 § 4, 2021; Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.08.060 Project permit application.
Applications for project permits must be submitted upon forms provided by the city. An application must contain all materials required by this title, and must include the following general information:
A. A completed project permit application form;
B. A verifiable 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 the 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. Designation of a single person/entity and address to receive determinations and notices required by this chapter;
E. The applicable fee;
F. When work is proposed in or near water, a JARPA (joint aquatic resource permit application) form must be submitted;
G. In order to obtain a building permit for certain uses, applicants must supply evidence of adequate water supply, as required by RCW 19.27.097;
H. Evidence of sewer availability. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.070 Determination of completeness.
A. Within twenty-eight (28) days after receiving a project permit application, the city must mail or give a written determination to the applicant, stating either:
1. That the application is complete. An application is complete when it meets the procedural requirements of this title as determined by the city planner and is sufficient for continued processing, even though additional information may be required, or project modifications may be undertaken later;
2. That the application is incomplete and what is necessary to make the application complete. The applicant then has ninety (90) days to submit the information to the city. If the applicant does not submit the required additional information within the ninety (90) day period, the application will lapse. Within fourteen (14) days after an applicant has submitted additional information identified by the city planner as being necessary for a complete application, the applicant must be notified that the application is complete (RCW 36.70B.070).
B. An application will be deemed complete if the city does not provide a written determination to the applicant that the application is incomplete within twenty-eight (28) days after receiving the application (RCW 36.70B.070). (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.080 Notice of application—Exemptions and requirements.
A. A notice of application is not required for actions which are categorically exempt from SEPA, or for which environmental review has been completed. This includes:
1. Application for building permits for buildings that are categorically exempt from SEPA under WAC 197-11-800;
2. Application for boundary line adjustments;
3. Application for short plat approval;
4. Variance;
5. Preliminary SEPA threshold determination (EIS required);
6. Shoreline exemptions;
7. Application for site plan review; and
8. All administrative interpretations. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.090 Notice of Application—Contents—Timing—Distribution.
A. Contents. The notice of application must contain the following information:
1. The date that the application was received by the city, the date of issue of the determination of completeness, and the date of the notice of application;
2. A description of the proposed project;
3. A list of the project permits included in the application;
4. Identification of other required permits that are not included in the application, to the extent known by the city;
5. Identification of existing environmental documents and studies that evaluate the proposed project and the location where they can be reviewed;
6. The dates of the public comment period, which must be not less than fourteen (14) nor more than thirty (30) days following the date of notice of application;
7. A statement of the right of any person to comment on the application, receive notice of any hearings, submit oral or written comments at any hearings, and request a copy of the decision once made;
8. A statement of any appeal rights and limitations;
9. The date, time, place and type of hearing, if applicable and if already scheduled by the date of the notice of application;
10. The date on which the planning commission will consider the application;
11. Any other information determined appropriate by the city, in accordance with RCW 36.70B.110.
B. Timing.
1. The notice of application must be provided within fourteen (14) days after a determination of completeness.
2. If any open record predecision hearing is required for the requested project permit(s), the notice of application must be provided at least fifteen (15) days before the open record hearing, in accordance with RCW 36.70B.110.
C. Distribution.
1. The notice of application must be published in the official city newspaper (Chinook Observer).
2. On or before the date that the notice of application is published, the city planner must mail a copy of the notice of application to other known agencies with jurisdiction and the neighboring real property owners within three hundred (300) feet.
3. The city may erect a sign on the subject property containing the notice (RCW 36.70B.110(4)(a)).
D. All public comments on the notice of application must be received by the city planner by four p.m. on the last day of the comment period. Comments should be as specific as possible.
E. The city cannot make a SEPA determination of nonsignificance or issue a decision or a recommendation on a project permit until the end of the public comment period identified in the notice of application. A SEPA determination of significance may be made before the end of the public comment period.
F. The city may elect to include a proposed determination of nonsignificance in the notice of application. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.100 Determination of consistency with existing plans and regulations.
A. Fundamental land use planning choices made in adopted comprehensive plans and adopted development regulations will serve as the foundation for review of project permit applications. During project review, the city must determine whether the items listed in this section are defined in the development regulations applicable to the proposed project or in the comprehensive plan. This determination of consistency includes:
1. Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as conditional uses, if the criteria for their approval have been satisfied;
2. The level of development, such as units per acre, density of residential development in the urban growth area, or other measures of density;
3. Availability and adequacy of public facilities and services identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW;
4. Character of the development (RCW 36.70B.030, RCW 36.70B.040).
5. If the level of service upon a locally owned transportation facility declines below the standards adopted in the transportation element of the comprehensive plan, there shall be improvements or strategies in place to accommodate the impact of the development and shall be made concurrent with the development. For the purposes of this subsection A5, “concurrent with the development” means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements within six (6) years as required by RCW 36.70A.070(6)(b).
B. During project review, the city will not reexamine alternatives to, or hear appeals on, the factors identified in subsection A of this section, except for issues of ordinance interpretation.
C. The city may determine that the requirements for environmental analysis and mitigation measures in its development regulations, comprehensive plan, and other applicable laws provide adequate mitigation for some or all of a project’s specific adverse environmental impacts.
D. Nothing in this section limits the authority of the city to approve, approve with conditions, or deny a project as provided in this title and in the city’s SEPA policies. Project review will 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, etc.).
E. Nothing in this section requires documentation of or dictates the city’s procedures for considering consistency or limits the city from asking more specific or related questions with respect to the factors identified in subsections A1 through 4 of this section. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.110 Public hearing procedures.
A. The reviewing authority, be it city council, hearing examiner, or otherwise, will hold no more than one (1) open record hearing in relation to a given project permit application, including a consolidated permit application.
B. An open record hearing pertaining to project permit application can only occur fifteen (15) or more days after any threshold SEPA determination related to the application is issued.
C. The city or other reviewing authority may combine a hearing on a project permit with a hearing that may be held by another local, state, regional, federal, or other agency; provided, that the joint hearing is held within the city. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in Section 15.08.130. Alternatively, the applicant may agree to a different schedule if additional time is needed in order to combine the hearings.
D. At least fifteen (15) days before a public hearing, the city planner must:
1. Publish notice of the hearing in the newspaper of legal record; and
2. Mail notice of the hearing to the neighboring real property owners within three hundred (300) feet.
E. Notices of public hearings under subsection D of this section must include:
1. A brief description of the project;
2. The project location;
3. The permit(s) required;
4. The time, date and place of the hearing, and closing date for comments;
5. The location where further information can be obtained; and
6. A statement of the right of any person to submit oral or written comments at the hearing.
F. Public hearings must be conducted in accordance with the following procedures:
1. The city council or hearing body is subject to the Ordinance of Ethics (RCW 35A.42.020), Prohibitions on Conflict of Interest (RCW 35A.42.020 and Chapter 42.23 RCW), the Open Public Meetings Act (Chapter 42.30 RCW), and the Appearance of Fairness Doctrine (Chapter 42.36 RCW), the same as now exist or may later be amended.
2. The applicant bears the burden of proof and must demonstrate that the application conforms to the applicable elements of the city’s development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
3. The hearing body may recess a public hearing in order to obtain additional information. Upon recessing for this purpose, the hearing body shall announce the time and date when the public hearing will be resumed.
G. The agenda of the public hearing will generally observe the following sequence of events:
1. Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified must be counted for purposes of forming a quorum. A disqualified member must make full disclosure on the record, must not participate in discussion of the matter, and must abstain from voting on the proposal;
2. City planner’s presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the city planner;
3. Reading of the city planner’s findings of fact;
4. If applicable, reading of the planning commission’s findings of fact on legislative matters as detailed in Section 15.06.040;
5. Applicant’s presentation, including submittal of any materials supplementary to the application. Members of the hearing body may ask questions of the applicant;
6. Testimony or comments by the public relevant to the matter. The chair will prohibit anonymous public comment. Questions from the public directed to the city planner or the applicant will be posed by the chair at its discretion;
7. Rebuttal, response or clarifying statements by the applicant and the city planner.
H. For those members of the public who are unable to attend the public hearing but wish to comment, certified letters may be submitted for the record before the public hearing. (Ord. 919 § 4, 2021; Ord. 904 § 1 (part), 2020: Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.08.120 Report of decision—Content—Distribution.
A. For all permit applications requiring approval by a reviewing authority, the reviewing authority must adopt a single report stating the decision(s) on the permit(s). The report must state applicable findings of fact and conclusions of law. The report will serve as the permit(s). The report must:
1. State any mitigation required under the development regulations or under the city’s SEPA program. For applications that are not exempt from SEPA requirements, the report must include or append the SEPA threshold determination, if a SEPA threshold determination has not been previously issued;
2. Describe applicable deadlines for and methods of appeal;
3. Be provided to the applicant;
4. Be provided to any person who, before the publication of the report, requested notice of the decision or submitted substantive comments on the application;
5. Be issued within the time limit described in Section 15.08.130.
B. For all permit applications which require a report of decision, the city must publish a summary of the report of decision in the city’s official newspaper. (Ord. 919 § 4, 2021; Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.08.130 Report of decision—Timing.
A. Once a project permit application is complete, a final decision must be issued within one hundred twenty (120) days, except as otherwise provided in subsection B of this section. The following periods are excluded in determining the number of days that have elapsed:
1. Any period during which the applicant has been requested to correct plans, perform required studies, or provide additional required information;
2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to the city’s SEPA ordinance;
3. Any period during a pending administrative appeal of a SEPA mitigated determination of nonsignificance (MDNS), a determination of nonsignificance (DNS), or of the sufficiency of an environmental impact statement (EIS);
4. The period from the filing of an administrative appeal under Section 15.08.150 through final disposition of the appeal; and
5. Any extension of time mutually agreed upon by the applicant and the city.
B. The time limits established by subsection A of this section 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; or
3. Is substantially revised by the applicant, in which case the time period will start from the date at which the revised project application is determined to be complete under Section 15.08.070.
C. If the city is unable to issue its final decision within the time limits provided in this section, the city planner must give the project applicant written notice of this fact. The notice must include:
1. A statement of reasons why the time limits have not been met; and
2. An estimated date for issuance of the final report of decision.
D. The city is not liable for damages under this chapter if it fails to make a final decision within the one hundred twenty (120) day period following the determination of completeness. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.140 Administrative interpretation.
A. Any project permit applicant, Ilwaco resident, owner of real property in Ilwaco, or party of record may request an interpretation of the meaning or application of the city’s development regulations applicable to project permit applications.
B. All requests for interpretations must be written and concisely identify the issue and desired interpretation.
C. The city planner must provide a written administrative interpretation within thirty (30) days of receipt of the request. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.150 Administrative appeals.
A. Applications filed in accordance with the procedures in the shoreline management program are exempt from the procedures of this section on administrative appeals and Section 15.08.160 on judicial appeals.
B. Administrative interpretations under Section 15.08.140 and administrative decisions by the city planner may be appealed to the city council by any party of record (also see Section 15.08.170).
C. A written notice of appeal must be filed with the city council within fourteen (14) days after the date of issuance of the decision or interpretation being appealed. The notice of appeal must identify:
1. The decision or interpretation being appealed;
2. The name and address of the appellant and appellant’s standing;
3. The specific reason(s) why the appellant asserts that the decision is in error; and
4. The desired outcome or changes to the decision.
D. An appellant must pay an appeal fee when filing an appeal. The amount of the appeal fee is listed in the city’s current fee schedule.
E. All appeals related to a given project permit application that was approved or denied by the city planner will be considered by the city council in an open record hearing conducted in accordance with the procedures outlined in Section 15.08.110. The appellant bears the burden of proving the decision was in error.
F. Within ninety (90) days after an appeal is filed, the city council must write a single report declaring its decision(s) on the appeal(s). The report must be mailed or given to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The ninety (90) day time period may be extended upon mutual agreement of all parties to the appeal.
G. Hearing Examiner Decisions. An aggrieved person who is a party of record to a land use determination subject to review by a hearing examiner may appeal a hearing examiner decision to the Pacific County Superior Court pursuant to Section 15.08.160, or to the appropriate shorelines hearings board or the Growth Management Hearings Board. The appeal must be in writing in accordance with this section and shall be filed with the court clerk within twenty-one (21) calendar days of the date of issuance of the action being appealed. (Ord. 919 § 4, 2021; Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.08.160 Judicial appeals.
Judicial appeals are governed by Chapter 36.70C RCW. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.170 Approval, review and appeal authority.
|
|
Subject to RCW 36.70B |
Required Notification of Neighboring Property Owners |
Responsible Official City Planner |
Planning Commission |
City Council |
|---|---|---|---|---|---|
|
Part II - Chapter 15.12 (Environmental Regulations) |
|
|
|
|
|
|
SEPA determinations |
yes |
no |
D |
|
|
|
Mitigated determination of nonsignificance |
yes |
yes |
D |
|
|
|
EIS |
yes |
yes |
D |
|
|
|
Shoreline permits |
|
|
|
|
|
|
Substantial development |
yes |
no |
D |
|
A |
|
Statement of exemption |
yes |
no |
D |
|
A |
|
Conditional use |
yes |
yes |
R |
|
D |
|
Variance |
yes |
yes |
R |
|
D |
|
Key: |
R = Recommendation to higher review authority |
|
|
D = Decision |
|
|
A = Appeal decision |
*As defined in the shoreline master program.
|
Subject to RCW 36.70B |
Required Notification of Neighboring Property Owners |
Responsible Official City Planner |
Planning Commission |
City Council |
|
|---|---|---|---|---|---|
|
Part III - Zoning |
|
|
|
|
|
|
Conditional use permit |
yes |
yes |
R |
R |
D |
|
Variance |
yes |
yes |
R |
R |
D |
|
Site-specific zone change that is consistent with comprehensive plan |
no |
yes |
R |
R |
D |
|
Area-wide zone change that is consistent with comprehensive plan |
no |
no |
R |
R |
D |
|
Site plan review |
yes |
yes |
R |
|
D |
|
Annexation |
no |
no |
R |
|
D |
|
Comp plan text amendment |
no |
no |
R |
R |
D |
|
Comp plan map amendment |
no |
no |
R |
R |
D |
|
Development regulations amendment |
no |
no |
R |
R |
D |
|
|
|
|
|
|
|
|
Part IV - Land Division |
|
|
|
|
|
|
Short plat |
yes |
no |
R |
|
D |
|
Preliminary plat |
yes |
yes |
R |
|
D |
|
Final plat |
no |
no |
R |
|
D |
|
|
|
|
|
|
|
|
Part VI - Miscellaneous |
|
|
|
|
|
|
Annexation |
no |
no |
R |
|
D |
|
Boundary line adjustment |
no |
no |
R |
|
D |
|
Key: |
R = Recommendation to higher review authority |
|
|
D = Decision |
|
|
A = Appeal decision |
(Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.180 Official files.
A. After a project permit application is complete according to Section 15.08.070, the city planner will begin compiling an official file on each project permit application filed. An official file contains the following:
1. The application materials submitted by the applicant;
2. The city planner’s report, which summarizes his findings, conclusions and recommendations involving a project permit application;
3. Any other staff reports prepared;
4. All written testimony received on the matter;
5. The electronic recording and minutes of any public hearing or review on the matter;
6. The recommendation of the planning commission on the application, if applicable;
7. The decision of the city council or hearing examiner;
8. Any other information relevant to the matter; and
9. Certification of publication of legal notices, a copy of the mailed notification of application, and the date of mailing.
B. The official file is a public record. It is available for inspection and copying at City Hall during regular business hours. Availability may be temporarily restricted during or before public hearings while staff is preparing for the hearing.
C. Official files will be kept in accordance with the provisions of Chapter 40.14 RCW (Preservation and destruction of public records). (Ord. 919 § 4, 2021; Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.08.190 Application time limit.
A. If no action has been initiated by the applicant for a continuous ninety (90) day period, the city may serve notice on the applicant by certified letter that the application will be terminated in thirty (30) days unless the applicant responds by return mail that the application remains an active, ongoing concern.
B. The city may consider an application to be null and void if no action has been initiated on the application by the applicant for a continuous one hundred twenty (120) day period. (Ord. 919 § 4, 2021; Ord. 627 (part), 1999)
15.08.200 Application withdrawal and renewal.
The city planner, city council, or hearing examiner, as appropriate, may permit the withdrawal of any application filed under the provisions of this title; provided, that any hearing must be held for which notice has been given. (Ord. 919 § 4, 2021; Ord. 889 § 1 (App. B) (part), 2019; Ord. 627 (part), 1999)
15.08.210 Application and review fees.
A. Application and review fees related to the project permit application shall be as established by resolution of the city council plus actual costs.
B. Actual costs shall refer to all professional and engineering service fees including, but not limited to, engineering fees, actually incurred by the city.
C. The application fee shall be payable at the time the application is made. Costs shall be payable prior to final approval. (Ord. 919 § 4, 2021; Ord. 726, 2006)