Chapter 14.07
APPLICATION PROCESS
Sections:
14.07.010 Application process.
14.07.020 Formal preapplication meeting.
14.07.030 Consolidated application process.
14.07.050 Determination of completeness.
14.07.070 Application vesting.
14.07.080 Notice of application.
14.07.090 Notice of public hearing.
14.07.010 Application process.
The application process shall consist of the following components:
(1) Formal preapplication meeting;
(2) Plan review;
(3) Determination of completeness;
(4) Notice of application;
(5) Application review;
(6) Notice of final decision. (Ord. 06-018 § 1).
14.07.020 Formal preapplication meeting.
(1) All prospective applicants shall participate in a formal preapplication meeting. The city may waive the requirement of a formal preapplication meeting where proposed development is subject to Type I administrative review.
(2) The purpose of the formal preapplication meeting is to provide the applicant with the best available information regarding the development proposal and application processing requirements, and to assure the availability of complete and accurate development information necessary for review prior to the applicant’s expenditure of application fees and the scheduling of the application review process.
(3) The formal preapplication meeting provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed development, the application and permit requirements, fees, the review process and schedule, and applicable development standards, plans, policies, and laws.
(4) The formal preapplication meeting shall take place at the city’s offices, unless another location is agreed upon by the city and the applicant. The length of the formal preapplication meeting shall be determined by the complexity of the development proposed by the applicant.
(5) The city will prepare and maintain a written summary of the preapplication meeting, including a list of any specific documents, information, legal descriptions or other requirements that must be submitted in addition to the requirements of the application.
(6) An applicant may request one or more additional formal preapplication meetings if the proposed development changes based on information received at the previous meeting. The additional meetings shall be subject to the same procedures as the initial formal preapplication meeting.
(7) Application forms shall be made available to the applicant following a formal preapplication meeting.
(8) Applicants for development may request an informal meeting prior to the formal preapplication meeting. The purpose of the meeting is to discuss, in general terms, the proposed development, city design standards, design alternatives and required permits and approval process(es).
(9) It is impossible for the preapplication meeting to be an exhaustive review of all potential issues. The discussion at the meeting, the city’s written summary or the form sent to the applicant under subsection (7) of this section shall not bind or prohibit the city’s future application or enforcement of the applicable law. (Ord. 06-018 § 1).
14.07.030 Consolidated application process.
(1) When more than one application for a proposed development is required, the applicant may elect to have all applications submitted for review at one time.
(2) Applications for proposed development and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in accordance with the state and local laws, regulations and ordinances.
(3) When more than one application is submitted under a consolidated review and the applications are subject to different types of review procedures, all of the applications for the proposed development shall be subject to the highest level of review procedure which applies to any of the applications.
(4) If an applicant elects a consolidated application process, the determination of completeness, the notice of application, and the notice of final decision must include all applications being reviewed. (Ord. 06-018 § 1).
14.07.040 Plan review.
After application materials are submitted by a project proponent following the formal preapplication meeting, a plan review shall be conducted by the city to determine if the application is complete. The plan review shall determine if adequate information is provided in or with the application in order to begin processing the application, and that all required information and materials have been supplied in sufficient detail to begin the application review process. All information and materials required by the application form and from the formal preapplication meeting must be submitted. All studies supporting the application or addressing projected impacts of the proposed development must be submitted. (Ord. 06-018 § 1).
14.07.050 Determination of completeness.
(1) Within 28 days after receiving an application, the city shall complete the plan review of the application and provide the applicant a written determination that the application is either complete or incomplete.
(2) An application shall be determined complete only when it contains all of the following information and materials:
(a) A fully completed and signed application.
(b) Applicable review fees.
(c) All information and materials required by the application form.
(d) A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act.
(e) The information specified for the desired project in the appropriate title of the KMC.
(f) A plot plan disclosing all existing and proposed structures and features applicable to the desired development, for example: parking, landscaping, preliminary drainage plans with supporting calculations, signs, setbacks, etc.
(g) Any additional information and materials identified at the formal preapplication meeting or required by applicable development standards, plans, policies or any other federal, state or local laws.
(h) Any supplemental information or special studies identified by the city.
(3) For applications determined to be incomplete, the city shall identify, in writing, the specific requirements, information or materials necessary to constitute a complete application. Within 14 days after its receipt of the additional requirements, information or materials, the city shall issue a determination of completeness or identify the additional requirements, information, or materials still necessary for completeness. Failure to submit the requested information within 60 days will result in a null and void application, with no refund of the filing fees.
(4) A determination of completeness shall identify, to the extent known, other local, state or federal agencies that may have jurisdiction over some aspect of the application.
(5) A determination of completeness shall not preclude the city from requesting additional information or studies if new information is required or a change in the proposed development occurs.
(6) Upon issuing a determination of completeness, the application materials, including the applicable SEPA review information, will be referred to appropriate agencies for review and comment. (Ord. 06-018 § 1).
14.07.070 Application vesting.
An application shall become vested on the date a determination of completeness is made under this title. Thereafter the application shall be reviewed under the codes, regulations and other laws in effect on the date of vesting; provided, in the event an applicant substantially changes his/her proposed development after a determination of completeness, as determined by the city, the application shall not be considered vested until a new determination of completeness on the changes is made under this title. (Ord. 06-018 § 1).
14.07.080 Notice of application.
(1) Within 14 days after issuing a determination of completeness, the city shall issue a notice of application. The notice shall include, but not be limited to, the following:
(a) The date of application, the date of the determination of completeness, and the date of the notice of application.
(b) A description of the proposed project action, a list of permits required for the application, and, if applicable, a list of any studies requested.
(c) The identification of other required permits not included in the application, to the extent known by the city.
(d) The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed.
(e) A statement of the public comment period, which shall be 14 days following the date of the notice of application, and a statement of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made, and a statement of any appeal rights.
(f) The date, time, location and type of hearing, if applicable, and scheduled at the date of the notice of application.
(g) A statement of the preliminary determination, if one has been made at the time of notice of application, of those development regulations that will be used for project mitigation and of consistency with the type of land use of the proposed site, the density and intensity of proposed development, infrastructure necessary to serve the development, and the character of the development.
(h) Any other information determined by the city to be appropriate.
(2) Informing the Public. The notice of application shall be posted in the following manner:
(a) It shall be posted on the subject property for the duration of the public comment period. The applicant shall be responsible for posting the property for site-specific proposals with notice boards provided by the city. Public notice shall be accomplished through the use of a four-foot by four-foot plywood face generic notice board to be issued by the city as follows:
(i) The applicant shall apply to the city for the issuance of a notice board, and shall pay to the city the amount of money on the fee schedule currently approved by the city council and available at City Hall.
(ii) Posting of the property for site-specific proposals shall consist of one or more notice boards as follows:
(A) A single notice board shall be placed by the applicant in a conspicuous location on a street frontage bordering the subject property.
(B) Each notice board shall be visible and accessible for inspection by members of the public.
(C) Notice boards shall be maintained in good condition by the applicant during the notice period and must be in place at least 15 calendar days prior to the end of any comment period.
(D) Notice boards must be removed by the applicant after the expiration of the applicable notice period.
(iii) An affidavit of posting shall be submitted to the city at least seven calendar days prior to the hearing. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application may be postponed in order to allow compliance with the notice requirement.
(b) The city shall post the notice of application at City Hall.
(c) Where no other public notice, such as the required notice of a public hearing, is required, the notice of application shall be published once in the official newspaper for the city of Kittitas.
(3) The notice of application is not a substitute for any required notice of a public hearing.
(4) A notice of application is not required for the following actions, when they are categorically exempt from SEPA or environmental review has been completed:
(a) An application for a single-family residence, accessory uses or other minor construction building permits;
(b) Application for a lot line adjustment;
(c) Any application for which Type I administrative review is determined applicable. (Ord. 06-018 § 1).
14.07.090 Notice of public hearing.
When required, notice of a public meeting or hearing for all development applications and all open record appeals shall be given as follows:
(1) Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under KMC Titles 14 through 18 shall be made by:
(a) Publication in the official newspaper at least 10 days before the date of a public meeting, hearing, or pending action; and
(b) Mailing at least 10 days before the date of a public meeting, hearing, or pending action to all property owners, as shown on the records of the county assessor, and all street addresses of properties within 350 feet, not including street rights-of-way, or the boundaries of the property which is the subject of the meeting or pending action. Addressed, prestamped No. 10 envelopes shall be provided by the applicant; and
(c) Posting at least 10 days before the meeting, hearing, or pending action at City Hall.
(2) Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.
(3) Continuations. If for any reason a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date, time and place certain and no further notice under this section is required. (Ord. 06-018 § 1).