Chapter 18.30
PROCEDURES
Sections:
18.30.020 Pre-application review.
18.30.030 Application types and classification.
18.30.040 Application contents.
18.30.050 Review for technically complete status.
18.30.140 Expiration and extension of decisions.
18.30.150 Post-decision review.
18.30.010 Review required.
Land use project review and approval is required prior to issuance of building permits for the following:
(1) All residential developments which result in more than one dwelling unit;
(2) All conditional uses and new uses in any district, other than detached single-family residences;
(3) All changes in the use of a structure or land that increase the intensity of use, such as by increasing the gross floor area, height or bulk of the structure, number of access points or parking spaces, number or size of signs, or other measures of intensity or that changes the structure location or significant elements of the site plan or design;
(4) Building and demolition permits or any change, except painting and minor repair, to the exterior of properties listed on the National Historic Register of Historic Places. [Ord. 2006-17 § 1, 2006.]
18.30.020 Pre-application review.
(1) Applicability.
(a) Unless otherwise expressly provided in this title, all applications subject to Type II, Type III, or Type IV review are subject to pre-application review unless the director waives the requirement in writing on a form provided by the city clerk for that purpose.
(b) The applicant shall submit the pre-application materials to the city clerk.
(2) Waiver. The city discourages waiver of the pre-application process. In the event that the director waives the pre-application review, the pre-application waiver form shall state that waiver of pre-application review may increase the maximum time for review for technically complete status and may increase the risk that the application will be rejected or processing will be delayed.
(3) Application Contents.
(a) At a minimum, a pre-application submittal shall include the following:
(i) The requisite fee and 10 copies of the following information;
(ii) A completed form provided by the city clerk for that purpose;
(iii) The name, mailing address, and telephone number of the owner(s), engineer, surveyor, planner, and/or attorney and the person with whom official contact should be made regarding the application;
(iv) A preliminary plan at a scale of no more than one inch equals 200 feet, with north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way, development, access, parking, maneuvering, structures and landscaping on the site; existing and proposed natural features on the site, including vegetation, topography and grades; existing and proposed utilities (water, sewer, drainage, fire hydrants); and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. The applicant shall provide one copy of the plan reduced to fit on an eight-and-one-half-inch by 11-inch page. Principal features of the plan shall be dimensioned. The applicant is encouraged to submit drawings showing the elevation(s) of a proposed primary structure;
(v) Proposed dedications to the city or other agency, if applicable;
(vi) A legal description of the site; and
(vii) A written description of the proposed use or development. The description shall identify any variances, adjustments or exceptions needed for approval of the plan.
(b) In addition, an application for pre-application review shall include all information required by the relevant La Center Municipal Code sections; provided, the review authority may modify requirements for pre-application materials and may conduct a pre-application review with less than all of the required information.
(4) Scheduling, Notice and Attendees.
(a) Within 14 calendar days after receipt of an application for pre-application review, the city clerk shall mail or otherwise convey written notice of the pending pre-application conference to the applicant and other interested agencies. The notice shall state the date, time and location of the pre-application conference, the purposes of pre-application review, and the nature of the conference. Notice of the proposed pre-application meeting shall be posted on the City Hall bulletin board.
(b) The pre-application conference shall be scheduled at least seven but not more than 21 calendar days after the notice is mailed or otherwise conveyed.
(c) The director shall determine who shall be invited to the meeting. In addition to the applicant and representatives, possible attendees include the director of public works, the consulting city engineer, a representative from affected service districts, and representatives from interested state agencies and neighborhood associations recognized by the city council or by Clark County.
(5) Meeting Summary. Within 10 calendar days after a pre-application conference, the director will provide a written summary of the conference to the applicant, the city clerk and to other persons who request it. The written summary shall, to the extent possible:
(a) Summarize the proposed application(s);
(b) Identify the relevant approval criteria and development standards in the city code or other applicable law; and exceptions, adjustments or other variations from applicable criteria or standards that may be necessary;
(c) Evaluate the information offered by the applicant to comply with the relevant criteria and standards, and identify specific additional information that is needed to respond to the relevant criteria and standards or is recommended to respond to other issues;
(d) Identify applicable application fees in effect at the time, with a disclaimer that fees may change;
(e) Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:
(i) Comprehensive plan map designation and zoning on and in the vicinity of the property subject to the application;
(ii) Physical development limitations, such as steep or unstable slopes, wetlands, or water bodies, that exists on and in the vicinity of the property subject to the application;
(iii) Other applications that have been approved or are being considered for land in the vicinity of the property subject to the proposed application that may affect or be affected by the proposed application.
(6) Time Limit. The written summary of a pre-application conference is valid for up to one year. If more than one year has elapsed between the date of the last pre-application conference and the date an application is submitted, a new pre-application conference may be required. [Ord. 2007-09 § 2, 2007; Ord. 2006-17 § 1, 2006.]
18.30.030 Application types and classification.
(1) Applicability. Applications for land use review are subject to procedures in this chapter unless otherwise expressly provided in other titles of the LCMC.
(2) Concurrent Application. If the applicant requests more than one type of review for a given development, an applicant may submit all applications required for the development at one time, unless otherwise prohibited from doing so by law. Concurrent applications for a given development are subject to the highest number procedure that applies to any of the applications.
(3) Procedure Types. There are four types of land use review procedures. This chapter or the chapter that authorizes an application generally identifies the type of procedure that applies to the application. If the appropriate procedure is not clearly defined, the director shall decide which of the four procedures will apply, based on the following considerations:
(a) A Type I process generally involves nondiscretionary standards or standards that require the exercise of professional judgment about technical issues. It is generally exempt from SEPA review.
(b) A Type II process generally involves a mix of discretionary and nondiscretionary standards that require the exercise of limited discretion about nontechnical issues and about which there may be a limited public interest. It may be subject to SEPA review.
(c) A Type III process generally involves standards that require the exercise of substantial discretion and about which there may be a broad public interest. SEPA review is generally required.
(d) A Type IV process involves the creation, implementation or amendment of policy or law by ordinance. In contrast to the other three procedure types, the subject of a Type IV process applies to a relatively large geographic area containing many property owners. SEPA review is generally required.
(4) Undefined Review. If this title is silent as to the type of review procedure required, the director shall, using a Type I review process, determine the appropriate level of review. [Ord. 2006-17 § 1, 2006.]
18.30.040 Application contents.
An applicant for development review shall submit the requisite fee and 10 copies of the information required by LCMC 18.30.050 except as otherwise provided therein, and drawings showing the elevations of all sides of proposed structure(s). [Ord. 2006-17 § 1, 2006.]
18.30.050 Review for technically complete status.
(1) Applicability and Schedule. Before accepting an application subject to a Type I, II or III review, the director shall determine whether the application is technically complete as follows:
(a) Within 14 calendar days after the application is submitted if the application was reviewed at a pre-application conference; or
(b) Within 28 calendar days after the application is submitted if the application was not reviewed at a pre-application conference; or
(c) Within seven calendar days after an application is amended for the purpose of providing all information necessary to make it complete.
(2) Standards for Technical Completeness. An application is technically complete if it includes the information required by the La Center development code section(s) that apply to the application in question. If the La Center development code does not list the information a given application is required to contain, then such an application is technically complete if it includes four copies of the following information:
(a) A completed form provided by the city clerk for that purpose;
(b) The name, mailing address, and telephone number of the owner(s), engineer, surveyor, planner, and/or attorney and the person with whom official contact should be made regarding the application;
(c) An environmental checklist or EIS, if applicable under Chapter 18.310 LCMC;
(d) A preliminary plan at a scale of no more than one inch equals 200 feet, with north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way and structures on the site, and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. The applicant shall provide one copy of the plan reduced to fit on an eight-and-one-half-inch by 11-inch page. Principal features of the plan shall be dimensioned;
(e) Proposed easements or dedications to the city or other agency, if applicable;
(f) Written authorization to file the application signed by the owner of the property that is the subject of the application, if the applicant is not the same as the owner as listed by the Clark County assessor;
(g) Proof of ownership document, such as copies of deeds and/or a policy or satisfactory commitment for title insurance;
(h) A legal description of the site;
(i) A copy of the pre-application conference summary, if the application was subject to pre-application review, which shall include all information required to address issues, comments and concerns in the summary;
(j) A written description of how the application does or can comply with each applicable approval criterion, and basic facts and other substantial evidence that supports the description;
(k) The names and addresses of owners of land within a radius of 150 feet of the site for an application subject to Type II review and within a radius of 300 feet of the site for an application subject to Type III review. Owner names and addresses shall be printed on mailing labels.
(i) The applicant shall submit a statement by the assessor’s office or a title company certifying that the list is complete and accurate, based on the records of the Clark County assessor within 30 days of when the list is submitted;
(ii) If the applicant owns property adjoining or across a right-of-way or easement from the property that is the subject of the application, then notice shall be mailed to owners of property within a 100- or 300-foot radius, as provided above, of the edge of the property owned by the applicant adjoining or across a right-of-way or easement from the property that is the subject of the application;
(l) Applications necessarily associated with the proposal, such as applications for exceptions, adjustments or variances to dimensional requirements of the base or overlay zones or for modifications to the road standards in Chapter 12.10 LCMC that are required to approve the proposal;
(m) A wetlands delineation and assessment if required by Chapter 18.300 LCMC, prepared and signed by a qualified professional and an application for a critical areas permit and associated preliminary plan, if required;
(n) A geotechnical study, prepared by a geotechnical engineer or geologist, licensed in the state of Washington if:
(i) The site contains substantial fill, or the applicant proposes to place substantial fill on the site; or
(ii) The site contains land identified by the city, Clark County or the state of Washington as having slopes in excess of 25 percent or as being subject to instability, unless the applicant will not develop or otherwise significantly affect such lands or shows that the site does not contain unstable soils or steep slopes;
(o) An archaeological predetermination if the area proposed for development contains lands classified as having moderate or higher probability of containing archaeological resources;
(p) Preliminary grading, erosion control and drainage plans may be required for Type I applications. Type II and Type III applications shall include such a plan and it shall be consistent with applicable provisions of Division 4, Critical Lands;
(q) Information about proposed utilities, including water and sanitary waste.
(3) When Information May Be Excluded. The director may accept as technically complete an application without information listed as being required if such information is not necessary to make a finding required by the law.
(4) When Information Is Missing. If the director determines an application is not technically complete, he or she shall send the applicant a written statement rejecting the application based on a lack of information. The statement shall:
(a) List what is required to make the application technically complete;
(b) Specify a date by which the required missing information must be provided;
(c) State that the applicant can apply to extend the deadline for filing the required information, and explain how to do so; and
(d) Include recommendations for additional information that, although not necessary to make the application technically complete, are recommended to address other issues that are or may be relevant to the review.
(5) Final Actions for a Technically Incomplete Application. If the director decides that all of the required information is not submitted by the date specified, or as extended, he or she shall:
(a) Return to the applicant the application and a statement rejecting the application for lack of completeness; or
(b) Issue a decision denying the application based on a lack of information.
(6) Notice of a Technically Complete Application. Within 14 calendar days of deciding an application is technically complete, the director shall send to the applicant a written statement to that effect and the expected review schedule, including the date of a hearing for an application subject to a Type III process. [Ord. 2006-17 § 1, 2006.]
18.30.060 Vesting.
A land use application is subject to the applicable city regulations in effect on the day the city accepted the application, if it is technically complete. If the director finds the application to be technically incomplete, the vesting date shall be the date upon which the applicant submitted all materials needed to make the application complete. [Ord. 2006-17 § 1, 2006.]
18.30.070 Approval criteria.
The review authority shall approve an application for project review if he or she finds the applicant has sustained the burden of proving that:
(1) The application complies with the applicable regulations of the La Center development code; or that the application can comply with all applicable regulations by complying with adopted conditions of approval; or that necessary adjustments, exceptions, modifications or variations have been approved or are subject to approval prior to final plat approval.
(2) The development makes adequate provision for public services consistent with the level of service provided in adopted city policies, plans and regulations. [Ord. 2006-17 § 1, 2006.]
18.30.080 Type I procedure.
(1) Decision. Within 21 calendar days after the date an application subject to a Type I process is accepted as technically complete, the review authority shall issue a decision that approves, approves with conditions, or denies the application; provided, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city. The decision shall include a brief summary of the relevant facts and applicable standards for the application and of how the application complies with those standards based on the facts and evidence, including any conditions of approval.
(2) Notice of the Decision. Within seven calendar days after issuing a decision regarding an application subject to a Type I process, the city clerk shall mail a copy of the decision to the applicant and applicant’s representative(s).
(3) Appeal and Post-Decision Review. The applicant may appeal the decision pursuant to LCMC 18.30.130 or may apply for post-decision changes pursuant to LCMC 18.30.150. [Ord. 2006-17 § 1, 2006.]
18.30.090 Type II procedure.
(1) Notice of Application. Within 14 calendar days after the date an application subject to Type II review is accepted as technically complete, the city clerk shall mail a written notice of the application as provided in LCMC 18.30.120.
(2) Comments. The city clerk shall mail to the applicant a copy of comments timely received in response to the notice together with a statement that the applicant may respond to the comments within 14 calendar days from the date the comments are mailed.
(3) Decision.
(a) Within 56 calendar days after the date an application subject to a Type II process is accepted as technically complete, the review authority shall issue a decision that approves, approves with conditions, or denies the application; provided, an applicant may agree in writing to extend that time and may provide additional information within that time at the request of the city.
(b) The decision shall include a brief summary of the relevant facts and applicable standards for the application and a summary of how the application complies with those standards based on the facts and evidence, including any conditions of approval.
(4) Notice of Decision. Within seven calendar days after issuing a decision, the city clerk shall mail notice of the decision as provided in LCMC 18.30.120.
(5) Appeal and Post-Decision Review. A final decision regarding an application subject to Type II process can be appealed pursuant to LCMC 18.30.130 and can be amended by post-decision changes pursuant to LCMC 18.30.150. [Ord. 2006-17 § 1, 2006.]
18.30.100 Type III procedure.
(1) Hearing. An application subject to a Type III process will be considered at one or more public hearings before a city hearings examiner. The city clerk shall schedule a public hearing for an application within 78 calendar days after the date the city found the application was technically complete.
(2) Notice of Hearing. At least 14 calendar days before the date of the hearing, the city clerk shall mail public notice of the hearing as provided in LCMC 18.30.120. At least 10 days before the date of the hearing, the city clerk shall cause notice of the hearing to be published and posted as provided in LCMC 18.30.120.
(3) Staff Report. At least seven calendar days before the date of the hearing, the director shall issue a written staff report regarding the application(s). The staff report shall set out the relevant facts and applicable standards for the application and a summary of how the application complies with those standards based on the facts and evidence, including any conditions of approval. The city clerk shall mail a copy of the staff report to the hearings examiner, the applicant, and the applicant’s representative(s) and other parties who request it. Copies of the staff report also shall be available at City Hall seven days prior to the hearing and at the public hearing.
(4) Public Hearings. Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearings examiner, except to the extent waived by the hearings examiner. A public hearing shall be recorded on audio or audiovisual tape.
(a) At the beginning of the hearing, the hearings examiner shall:
(i) State that testimony will be received only if it is relevant to the applicable standards and is not unduly repetitious;
(ii) Identify the applicable standards;
(iii) State that a witness may request that the hearings be continued or that the record be kept open for a period of time;
(iv) State that the hearings examiner must be impartial and whether the hearings examiner has had any ex parte contact or has any personal or business interest that could affect his impartiality regarding an application. The hearings examiner shall allow witnesses to challenge his or her impartiality;
(v) State whether the hearings examiner has visited the site;
(vi) State that persons who want to receive notice of the decision may sign a list for that purpose at the hearing and indicate where it is kept; and
(vii) Summarize the conduct of the hearing and the order of testimony.
(b) At the conclusion of the hearing on each application, the hearings examiner shall announce one of the following actions:
(i) That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed, published or posted. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.
(ii) That the public record is held open to a date and time certain. The hearings examiner shall state where additional evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the hearing.
(iii) That the application(s) is/are taken under advisement, denied, approved, or approved with conditions, together with a brief summary of the basis for the decision, and that a final order will be issued as provided in this section; provided, the hearings examiner shall not make a final decision regarding the application(s) until at least 15 calendar days after the SEPA threshold determination under Chapter 18.310 LCMC is made.
(5) Decision. Within 14 calendar days after the date the record closes regarding a given application(s), the hearings examiner shall submit to the city clerk a written decision regarding that application(s). The decision shall set out the relevant facts and applicable standards for the application(s) and a summary of how the application(s) complies with those standards based on the facts and evidence, including any conditions of approval.
(6) Notice of Decision. Within seven calendar days of the date of the decision, the city clerk shall mail a notice of decision as provided in LCMC 18.30.120.
(7) Appeal and Post-Decision Review. A final decision regarding an application subject to Type III process can be appealed pursuant to LCMC 18.30.130 and can be amended by post-decision changes pursuant to LCMC 18.30.150. [Ord. 2006-17 § 1, 2006.]
18.30.110 Type IV procedure.
(1) Hearing. An application subject to a Type IV process will be considered at one or more public hearings before the planning commission and one or more public hearings before the city council. The planning commission and city council may combine their meetings into one public meeting.
(2) Notice of the Initial Planning Commission Hearing. At least 14 calendar days before the date of the first planning commission hearing regarding an application subject to a Type IV process, the city clerk shall mail public notice of the hearing to parties who have requested such notice and to other individuals, firms or agencies as deemed appropriate. At least 10 days before the date of the hearing, the city clerk shall cause notice of the hearing to be published as provided in LCMC 18.30.120.
(3) Staff Report. At least seven calendar days before the date of the first planning commission hearing, the city clerk shall issue a written staff report regarding the application. The staff report shall set out the relevant facts and applicable standards for the application and a summary of how the application complies with those standards. The city clerk shall mail a copy of the staff report to the planning commission and to other parties who request it. Copies of the staff report also shall be available at the public hearing.
(4) Public Hearings. Public hearings shall be conducted in accordance with the rules of procedure adopted by the review authority, except to the extent waived by the review authority. A public hearing shall be recorded on audio or audiovisual tape.
(a) At the conclusion of a planning commission hearing on an application subject to a Type IV process, the planning commission shall announce one of the following actions, which may not be appealed:
(i) That the hearing is continued. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed or published. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing; or
(ii) That the planning commission recommends against or in favor of approval of the application(s) with or without certain changes, or that the planning commission makes no recommendation regarding the application(s), together with a brief summary of the basis for the recommendation.
(b) At least 14 calendar days before the date of the first hearing before the city council, the city clerk shall mail public notice of the hearing to parties who have requested such notice and to other individuals, firms or agencies as deemed appropriate. At least 10 days before the date of the hearing, the city clerk shall cause notice of the hearing to be published as provided in LCMC 18.30.120.
(c) At the conclusion of its initial hearing, the city council may continue the hearing, take an action forwarding the application for further review consistent with the La Center Municipal Code, or take an action to terminate or postpone further consideration of the application. If the hearing is continued to a place, date and time certain, then additional notice of the continued hearing is not required to be mailed or published. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.
(5) Appeal and Post-Decision Review. An application subject to a Type IV process is not subject to appeal or post-decision review before the city. [Ord. 2006-17 § 1, 2006.]
18.30.120 Notices.
(1) Contents of a Notice of Application Subject to Type II Review. The notice of Type II application shall contain at least the following information:
(a) The file number;
(b) The name(s) and address(es) of the applicant and owner;
(c) The legal description of the site;
(d) The street address or other easily understood geographical reference to the subject property;
(e) A map depicting the subject property in relation to surrounding properties;
(f) A description of the proposal;
(g) A copy of the preliminary plan or plat;
(h) A list of the applicable standards for the application;
(i) A statement that the application can be reviewed at City Hall during working hours, and that copies can be obtained for a fee equal to the city’s cost for providing the copies;
(j) An invitation to comment, in writing, on the proposal and the place, date and time that comments are due;
(k) A statement outlining the appeals process.
(2) Contents of a Mailed Notice of a Public Hearing for an Application Subject to a Type III Process. Mailed notice of a public hearing shall contain at least the following information:
(a) The information required by subsection (1) of this section;
(b) The date, time and place of the hearing;
(c) A statement that the city hearings examiner will conduct the hearing in accordance with the rules of procedure adopted by the hearings examiner;
(d) A statement that interested parties may testify orally or in writing at the public hearing and that copies of the staff report will be available at City Hall not less than seven days before the date of the hearing;
(e) The name and telephone number of the city staff person to contact for information about the case or to review the case file.
(3) Contents of a Published and Posted Notice of a Public Hearing for an Application Subject to a Type III Process. Published and posted notice of a public hearing shall contain at least the following information:
(a) The date, time and place of the hearing;
(b) The case number(s);
(c) The nature and location of the proposal; and
(d) Instructions for obtaining further information.
(4) Contents of a Notice of a Decision. Notice of a decision subject to a Type I, Type II or Type III process shall contain at least the following information:
(a) A copy or summary of the written decision;
(b) A statement that the decision and SEPA determination (if applicable) are final unless appealed to the city hearings examiner (Type II decision) or the city council (Type III decision) as provided by LCMC 18.30.130 within 14 calendar days after the date the notice of the decision is mailed;
(c) The appeal closing date;
(d) A description of how to file an appeal of the decision or SEPA determination or both, including applicable fees;
(e) A statement that the public record in the case is available for review and the place, days and times for review; and
(f) The name and telephone number of the city staff person to contact for information about the case or to review the case file.
(5) Distribution of Notices by Mail.
(a) The city clerk shall mail notice of application subject to Type II review to:
(i) The applicant and the applicant’s representative;
(ii) Owners of property within a radius of 150 feet of the property that is the subject of the application; provided, if the applicant owns property adjoining or across a right-of-way or easement from the subject property, then notice shall be mailed to owners of property within 150 feet of the edge of such additional property owned by the applicant.
(A) The property owner of record shall be the person(s) listed in the records of the Clark County assessor; and
(B) Failure of a property owner to receive notice shall not affect the decision if the notice was sent. A sworn certificate of mailing executed by the person who did the mailing shall be conclusive evidence that notice was mailed to parties listed or referenced in the certificate;
(iii) Agencies with jurisdiction;
(iv) Other persons who request such notice in writing.
(b) The city clerk shall mail notice of a hearing regarding an application subject to a Type III process to:
(i) The applicant and the applicant’s representative;
(ii) Owners of property within a radius of 300 feet of the property that is the subject of the application; provided, if the applicant owns property adjoining or across a right-of-way or easement from the subject property, then notice shall be mailed to owners of property within 300 feet of the edge of such additional property owned by the applicant.
(6) The property owner of record shall be the person(s) listed in the records of the Clark County assessor;
(7) Failure of a property owner to receive notice shall not affect the decision if the notice was sent. A sworn certificate of mailing executed by the person who did the mailing shall be conclusive evidence that notice was mailed to parties listed or referenced in the certificate;
(a) Agencies with jurisdiction;
(b) Other persons who request such notice in writing.
(8) Published and Posted Notice. The city clerk shall cause notice of an initial hearing for an application subject to a Type III process to be published in a newspaper of general circulation in the area and posted in at least two locations in the public right-of-way abutting the property or on the property subject to the application. The director shall develop a standard notice format for publication and posting. [Ord. 2006-17 § 1, 2006.]
18.30.130 Appeal.
(1) Deadline for Appeal. An appeal together with the requisite fee and information must be received by the city clerk within 14 calendar days of the date of the decision being appealed.
(2) Standing.
(a) A final decision regarding an application subject to a Type I process may be appealed only by the applicant or applicant’s representative.
(b) A final decision regarding an application subject to a Type II process may be appealed by the applicant or applicant’s representative or by any person, agency or firm with an interest in the matter.
(c) A final decision regarding an application subject to a Type III process may be appealed by the applicant or applicant’s representative or by any person, agency or firm who offered oral or written testimony before the hearings examiner closed the public record in the case.
(3) Appeal Contents. An appeal shall include the appropriate fee and the following information:
(a) A form provided for that purpose by the city;
(b) The case number as designated by the city;
(c) The name of the applicant;
(d) The name, address and signature of each appellant;
(e) The specific aspect(s) of the decision and/or SEPA issue being appealed;
(f) The reasons why each aspect is in error as a matter of fact or law; and
(g) The evidence relied on to prove the error.
(4) Process for an Appeal.
(a) Within seven calendar days after a timely, complete appeal is filed regarding a decision subject to a Type I process, the city clerk shall send to the hearings examiner a copy of the appeal and the case file together with any new evidence submitted with the appeal. The hearings examiner shall conduct a de novo review. Within 21 calendar days after a timely, complete appeal is filed, the hearings officer shall send to the city clerk a final decision for distribution to the applicant and applicant’s representative.
(b) For an appeal regarding a decision subject to a Type II process, the city clerk shall schedule a public hearing to be held by the hearings examiner not more than 35 days from the date a complete appeal was timely filed. Notice and a staff report shall be provided, a public hearing shall be conducted, and a decision shall be made and noticed regarding the appeal as for application subject to a Type III process in LCMC 18.30.100.
(c) For an appeal regarding a decision subject to a Type III process, the city clerk shall schedule a public hearing to be held by the city council not more than 35 days from the date a complete appeal was timely filed. Notice and a staff report shall be provided, a public hearing shall be conducted, and a decision shall be made and noticed regarding the appeal as for application subject to a Type III process in LCMC 18.30.100, except that the appeal shall be on the record except to the extent city council allows new evidence for good cause. [Ord. 2006-17 § 1, 2006.]
18.30.140 Expiration and extension of decisions.
(1) Except as otherwise expressly provided by the La Center Municipal Code or the decision in question, decisions made pursuant to this chapter expire two years after the effective date of the decision unless, within that time, the applicant or a successor in interest files an application for an extension of the decision or submits an application for project review or a building permit, or undertakes substantial development of the use authorized by the decision. Approval of a preliminary long plat or short plat shall expire within five years from the date of approval.
(2) An application for extension of a decision is subject to a Type I process. An applicant for an extension shall submit the requisite fee, a completed application review form provided for that purpose by the city, and text describing how the application complies with the approval criteria for an extension, and basic facts and other substantial evidence to support the text.
(3) The director may approve a single one-year extension of a decision if he or she finds that the relevant facts and the law have not changed substantially since the original approval, or that the application can comply with the law in effect on the date the application for the extension was filed by complying with certain additional and/or modified conditions of approval, and those additional conditions and/or modifications are adopted. [Ord. 2006-17 § 1, 2006.]
18.30.150 Post-decision review.
(1) Generally. Post-decision review may change decisions and conditions of approval without necessarily subjecting the change to the same procedures as the original decision. Such changes may be warranted by ambiguities or conflicts in a decision and by new or more detailed information, permits or laws. Post-decision review cannot substantially change the nature of the development approved pursuant to a given decision and can only be conducted regarding a decision that approves or conditionally approves an application. An application that is denied is not eligible for post-decision review.
(2) Eligibility and Contents. An applicant or successor in interest may, at any time, file an application for post-decision review of a Type I, II or III decision, describing the nature of and the basis for the proposed change to the decision, including the applicable facts and law, together with the fee prescribed for that application by the city council.
(3) Relationship to an Appeal. An application for post-decision review does not extend the deadline for filing an appeal of the decision being reviewed and does not stay appeal proceedings.
(4) Preliminary Processes.
(a) An application for post-decision review is not subject to pre-application review.
(b) An application for post-decision review is subject to technical completeness review, LCMC 18.30.050; provided, the review authority shall not require an application for post-decision review to contain information that is not relevant and necessary to address the requested change or the facts and law on which it is based. As part of the technical completeness review, the director shall:
(i) Determine whether the proposed change can be reviewed as a post-decision review or should be subject to a new application on the merits of the request;
(ii) Classify an application for post-decision review as a Type I, II or III process based on the circumstances of the original decision and the guidelines in subsection (5) of this section.
(c) Notify the applicant in writing of the determination and classification.
(i) The classification of the application is subject to appeal as part of the decision on the merits of the post-decision review.
(ii) A decision denying post-decision review and requiring a new application may be appealed to the hearings examiner.
(5) Post-Decision Review Guidelines.
(a) An application for post-decision review of a Type I decision shall be subject to a Type I process.
(b) An application for post-decision review of a Type II decision shall be subject to a Type I process if the director finds the requested change:
(i) Does not increase the potential adverse impact of the development authorized by the decision of SEPA determination;
(ii) Is consistent with the applicable law or variations permitted by law, including permits to which the development is subject;
(iii) Does not involve an issue of broad public interest, based on the record of the decision; and
(iv) Does not require further SEPA review.
(c) An application for post-decision review of a Type II decision shall be subject to a Type II process if it does not qualify for a Type I process.
(d) An application for post-decision review of a Type III decision shall be subject to a Type I review process if the director finds the requested change:
(i) Reduces the potential adverse impact of the development authorized by the decision;
(ii) Is consistent with the applicable law or variations permitted by law, including permits to which the development is subject; and
(iii) Does not involve an issue of broad public interest, based on the record of the decision.
(e) An application for post-decision review of a Type III decision shall be subject to a Type II review process if director finds the requested change:
(i) Does not increase the potential adverse impact of the development authorized by the decision or SEPA determination;
(ii) Is needed to address a minor change in the facts or the law, including permits to which the development is subject; and
(iii) Does not involve an issue of broad public interest, based on the record of the decision.
(f) An application for post-decision review of a Type III decision shall be subject to a Type III review process if it is not subject to Type I or II review.
(g) Modifications to a decision other than by a timely appeal or post-decision review shall be by new application. [Ord. 2006-17 § 1, 2006.]
18.30.160 Reapplication.
No person, including the original applicant, shall reapply for a similar use on the same land, building, or structure within a period of one year from the date of the final decision on such previous application, unless said decision is a denial without prejudice, or unless, in the opinion of the review authority, conditions have substantially changed. [Ord. 2006-17 § 1, 2006.]