Chapter 18.100
PROCEDURES – PROCESSING
Sections:
18.100.020 Pre-application conference.
18.100.030 Development permit applications.
18.100.040 Application – Initial processing.
18.100.050 Notice of application and SEPA review.
18.100.070 Hearing procedures.
18.100.080 Order of proceedings.
18.100.090 Findings and decision.
18.100.100 Closed record decision.
18.100.110 Notice of final decision.
18.100.010 Intent.
This chapter is intended to provide procedures for the processing of zoning-related permit applications including variances, planned developments (PDs), and conditional use permits (CUPs). In addition to zoning-related permits, this chapter is intended to provide procedures for processing project permit applications including shoreline management, flood hazard reduction, highway access management and plats, in the event of conflicts between statutory permitting requirements and the procedures and time lines stated herein, the statutory provisions shall prevail. Home business licenses are administrative and are processed according to procedures in Chapter 18.68 OMC. Recycling collections boxes are also administrative and are processed according to Chapter 18.90 OMC. (Ord. 889 § 19, 2000)
18.100.020 Pre-application conference.
A. Applicants for variances, CUPs, preliminary plats and PDs are encouraged to request and attend a pre-application conference. The purpose of the pre-application conference is to:
1. Acquaint the applicant with the requirements of the Okanogan Municipal Code and project review procedures; and
2. For city staff to become acquainted with the proposed application for purposes of:
a. Determining appropriate review procedures; and
b. Facilitating the application and project review process.
B. The conference shall be held no more than 15 calendar days following such a request.
C. At the conference or within five working days of the conference, the applicant may request that the following information be provided:
1. A form which lists the requirements for a completed application and all relevant fees;
2. A general summary of the procedures and timelines to be used to process the application;
3. The references to the relevant code provisions or development standards which may apply to the approval of the application, as preliminarily identified at the pre-application conference;
4. The city’s design guidelines.
D. It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information sent by the city to the applicant under subsection C of this section shall not bind or prohibit the city’s future application or enforcement of all applicable laws. (Ord. 889 § 19, 2000)
18.100.030 Development permit applications.
A. Permit applications shall be made to the office of the building and permits department on forms made available by the permit administrator.
B. An applicant may elect to consolidate the permit review process with other applicable permit applications, in which case, hearings and other aspects of review shall be consolidated and conducted simultaneously, whenever possible. The required submittals for all permits to be consolidated must be submitted before the applications can be processed.
C. A complete application shall consist of all materials required by the applicable development regulations and shall include the following general information if not already identified in such regulations:
1. A completed application form;
2. A property and/or legal description of the site for all applications, as required by the applicable development regulations;
3. A legible, scaled site plan indicating:
a. The location of all lot lines of the subject property;
b. Size of the lot(s) and proposed development including pertinent dimensions and area;
c. Existing and proposed easements;
d. Existing buildings on the property and adjacent properties, and their current uses;
e. Location of adjacent streets including their names;
f. Existing and proposed utilities;
g. Setback distances from streets, both existing and proposed; and
h. Any additional details demonstrating compliance with standards and regulations pertinent to the project;
4. All applicable application fees as set by ordinance of the city council;
5. A sworn statement made before a notary public and under penalty of perjury by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or a sworn statement made before a notary public and under penalty of perjury executed by all owners of the affected property that the application has been submitted with their consent;
6. Designation by name, street and mailing address, telephone number, and relationship to the applicant, of the person to receive all determinations and notices required by this title;
7. A SEPA checklist for CUPs, PDs, and variances when applicable;
8. If applicable, evidence of adequate water supply as required by RCW 19.27.097, as now exists or as may be hereafter amended;
9. If applicable, evidence of ability to comply with water and sewer requirements of OMC Title 13, as now exists or as may be hereafter amended;
10. If applicable, information on the capacity of existing storm water conveyance and control facilities and a plan on how storm water will be managed. (Ord. 889 § 19, 2000)
18.100.040 Application – Initial processing.
A. Project permit applications shall be date stamped upon receipt by the city. Applications received after 4:00 p.m. shall be date stamped the next business day.
B. Upon receipt of an application, the building and permits department staff shall forward the application to the administrator who shall, within 28 calendar days after actual receipt of a project permit application as evidenced by the date stamped on the face thereof by the clerk, mail or personally provide a written determination to the applicant which states either:
1. That the application is complete; or
2. That the application is incomplete and what is necessary to make the application complete.
C. Applications consolidated for review will be covered under a single determination of completeness. If the application for any of such applications is incomplete, a determination that the application is incomplete shall be issued to the applicant.
D. The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action.
E. If the applicant is issued a written determination from the city that an application is not complete, the applicant shall have 90 calendar days from date of personal delivery or date of mailing by the city to submit the required information to the city. Within 14 calendar days after an applicant has submitted the requested additional information, the city shall remake the determination as to completeness in the manner described in subsection B of this section. If the applicant again receives a determination of incompleteness, the procedure described in this subsection shall be repeated and may be repeated as required by subsequent determination of incompleteness until a determination that the application is complete is issued in the manner described in subsection B of this section.
F. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection B or E of this section.
G. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination required by subsection A of this section.
H. When the project permit application is complete, the administrator shall note the date of completeness on the application form. (Ord. 889 § 19, 2000)
18.100.050 Notice of application and SEPA review.
A. Within 14 days of issuance of a determination of completeness, a notice of application, in the manner provided in subsection E of this section, shall be issued for all CUP, variance and PD applications submitted pursuant to this title. The notice of application shall be provided to the public, and all city department directors at least 14 days prior to the open record predecision hearing which shall be the minimum comment period for the permit application.
B. The comment period for a notice of application shall officially begin on the date of publication in the city’s official newspaper and shall be extended if mailed notices are postmarked, or postings are made, later than the date of publication.
C. Environmental review under Chapter 43.21C RCW and Chapter 16.08 OMC shall be integrated with the procedures described in this section as follows:
1. The SEPA administrator may wait to issue a threshold determination until the end of the comment period for a notice of application. In this case, a completed SEPA checklist shall be circulated with the notice of application to agencies with jurisdiction and made available to the public at the time a notice of application is issued. The notice of application shall indicate that a threshold determination will not be made until the end of the 14-day comment period. Comments received shall then be considered by the SEPA administrator in making a threshold determination. If the SEPA determination requires public notice under WAC 197-11-340(2) or (3), additional notice shall be published according to subsection G of this section.
2. If the city’s threshold determination requires public notice under Chapter 43.21C RCW and Chapter 16.08 OMC, the city shall issue its threshold determination at least 14 calendar days prior to the open record predecision hearing and may combine it with the notice of application. Comments received on the notice of application and comments received by agencies in response to the threshold determination shall then be considered in developing all recommendations and decisions.
3. Comments shall be as specific as possible.
D. If the city has made a determination of significance under Chapter 43.21C RCW and Chapter 16.08 OMC, as now exists or may hereafter be amended, it may give notice concurrently with the notice of application. In this case, the notice of application shall be combined with the determination of significance and scoping notice. However, nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.
E. The notice of application shall include:
1. The name and address of the applicant or the applicant’s representative;
2. The date of application, the date of the notice of completion for the application and the date of the notice of application;
3. A description of the proposed project action, a list of the project permits included in the application and, if applicable, a list of any studies or other additional information requested by the city as allowed by RCW 36.70B.070 and included in OMC 18.100.040(D);
4. A description of the subject property reasonably sufficient to inform the public of its location, including, but not limited to, the use of a map or postal address and a subdivision lot and block designation;
5. The identification of other permits not included in the application, to the extent known by the city;
6. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, the location where the application and any studies can be reviewed;
7. A statement of the limits of the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
8. The date, time, place and type of hearing, if a hearing is scheduled at the date of notice of the application, the following additional information:
a. Date, time, place and type of hearing;
b. A statement that all interested persons may appear and provide testimony;
c. The sections of the code that are pertinent to the hearing procedure;
d. When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;
e. The name of the city representative to contact and the telephone number where additional information may be obtained;
f. That a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at Okanogan City Hall;
9. The SEPA threshold determination if being combined with the notice of application including procedure and timeline for appeal of such determination;
10. Information regarding how to attain parties of record status with respect to the application in order to ensure notification of subsequent action; and
11. Any other information determined appropriate by the city.
F. Methods for Notice. The notice of application shall be given to the public and to agencies with jurisdiction as follows:
1. By posting of the property for site-specific proposals consisting of one or more notice boards 18 by 24 inches in size as follows:
a. A single notice board shall be placed by the administrator:
i. At the midpoint of the site street frontage or as otherwise determined by the administrator for maximum visibility;
ii. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street property without approval of the administrator;
iii. So that the top of the notice board is five feet above grade; and
iv. Where it is completely visible to pedestrians.
b. Additional notice boards may be required when:
i. The site does not abut a public road;
ii. A large site abuts more than one public road; or
iii. The administrator determines that additional notice boards are necessary to provide adequate public notice.
c. Notice boards shall be:
i. Provided by the city and installed by the administrator or authorized designee;
ii. Eighteen by 24 inches in size with “Public Notice” in large letters across the top leaving space for a letter size notice underneath;
iii. Maintained in good condition by the applicant during the notice period;
iv. In place at least 14 calendar days prior to the end of any required comment period and public hearing;
v. Removed and returned to the city within 10 calendar days after the end of the notice period.
d. Failure to maintain a legible notice board to the end of the notice period may be cause for discontinuance of the administrator’s review until the notice board is replaced and remains in place for the specified time period.
2. Published Notice. Notice shall be published in the city’s official newspaper of general circulation in the general area where the proposal is located.
3. Notice to Adjacent Property Owners. Owners of property within 200 feet, 300 feet for projects involving plats, of the boundary of the property to be developed shall be notified by mail. The applicant shall be responsible for obtaining the names and addresses of the property owners from the Okanogan County assessor’s records and where applicable, from the Colville Confederated Tribes tribal allotments department.
4. Optional Public Notice. In addition to the required methods of notice, and as optional methods of providing public notice of any project permits, the city may:
a. Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;
b. Notify the news media;
c. Place notices in appropriate regional or neighborhood newspapers or trade journals; and
d. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas.
The city’s failure to provide the optional notice as described in this subsection shall not be grounds for invalidation of any permit decision. (Ord. 889 § 19, 2000)
18.100.060 Joint hearings.
A. The administrator may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as:
1. The hearing is held within the city limits; and
2. The requirements of subsection C of this section are met.
B. The applicant may request that the public hearing on a permit application(s) be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to combine the hearings.
C. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, as long as:
1. The other agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule; and
3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing. (Ord. 889 § 19, 2000)
18.100.070 Hearing procedures.
A. Responsibility of the Administrator for Public Hearings. The administrator shall:
1. Schedule an application for review and public hearing.
2. Ensure the notice of public hearing is included as a part of the notice of application.
3. Coordinate with city department directors and prepare the staff report on the application. The report shall be a single report that includes:
a. Background narrative generally describing the project, permits required and sequence of events that led to the hearing;
b. Comprehensive plan land use designation;
c. Zoning designation;
d. Floodplain designation, if applicable;
e. Shoreline designation, if applicable;
f. All comments received as attachments;
g. Findings of fact which shall include reference to all information considered that provide the basis of the staff’s recommendation(s);
h. Conclusions made by the administrator;
i. Recommended action including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing;
j. Any mitigation required or proposed under the development regulations or the city’s authority under SEPA; and
k. Relative SEPA documentation including the SEPA checklist, if applicable.
4. Forward a complete copy of the application and staff report to the appropriate hearing body at least seven days prior to the scheduled hearing.
5. Prepare the notice of decision or recommendation to the city council, and forward copies of the notice of decision to all parties of record.
B. Conflict of Interest. The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exist or as may be hereafter amended.
C. Ex Parte Communications.
1. Quasi-judicial land use decisions of the hearing body shall be subject to Chapter 42.36 RCW, Appearance of Fairness, as the same now exists or as may be hereafter amended.
2. No member of the hearing body may be disqualified by the appearance of fairness doctrine for conducting the business of his or her office with any constituent on any matter other than a quasi-judicial action then pending before the hearing body.
3. Prior to declaring as a candidate for public office or while campaigning for public office as defined by RCW 42.17.020(5) and (25), as now exists or as may be hereafter amended, no public discussion or expression of an opinion by a person subsequently elected to a public office, on any pending or proposed quasi-judicial actions, shall be a violation of the appearance of fairness doctrine.
4. During the pendency of any quasi-judicial proceeding, no member of a decision-making body may engage in ex parte communications with opponents or proponents with respect to the proposal which is the subject of the proceeding unless that person:
a. Places on the record the substance of any written or oral ex parte communications concerning the decision or action.
b. Provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is considered or taken on the subject to which the communication is related. This prohibition does not preclude a member of a decision-making body from seeking in a public hearing specific information or data from such parties relative to the decision if both the request and the results are a part of the record. Nor does such prohibition preclude correspondence between a citizen and his or her elected official if any such correspondence is made a part of the record when it pertains to the subject matter of a quasi-judicial proceeding.
c. Anyone seeking to rely on the appearance of fairness doctrine to disqualify a member of a decision-making body from participating in a decision must raise the challenge as soon as the basis for disqualification is made known to the individual. Where the basis is known or should reasonably have been known prior to the issuance of a decision and is not raised, it may not be relied upon to invalidate the decision.
d. In the event of a challenge to a member or members of the hearing body which would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine.
e. A member absent during the presentation of evidence in a quasi-judicial hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received.
D. Burden and Nature of Proof. The burden of proof for demonstrating compliance with development regulations and consistency with SEPA is on the applicant. The project permit application must be supported by proof that it conforms to the applicable elements of the city’s development regulations, comprehensive plan and that any significant adverse environmental impacts have been adequately addressed. (Ord. 889 § 19, 2000)
18.100.080 Order of proceedings.
A. Before receiving information on the issue, the following shall be determined:
1. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body has the discretion to proceed or terminate;
2. Any abstentions or disqualifications shall be determined.
B. The presiding officer may take official notice of known information related to the issue, such as:
1. A provision of any ordinance, resolution, rule, officially adopted development standard or state law;
2. Other public records and facts judicially noticeable by law.
C. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record. However, the hearing body may take notice of matters listed in subsection B of this section if stated for the record. Any matter given official notice may be rebutted.
D. The hearing body may view the area in dispute with or without notification to the parties, but shall place the time, manner and circumstances of such view on the record.
E. Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.
F. When the presiding officer has closed the public hearing portion of the hearing, the hearing body shall openly discuss the issue and may further question a person submitting information or the staff if opportunity for rebuttal is provided. (Ord. 889 § 19, 2000)
18.100.090 Findings and decision.
A. Following the hearing procedure described in OMC 18.100.070 and 18.100.080, the hearing body shall recommend that the decision-making body approve, conditionally approve, or deny the application.
B. The hearing body may recess any hearing in order to obtain additional information. Upon recessing for this purpose, the hearing body shall announce the time and date when the hearing will be resumed.
C. The hearing body’s recommendation or written decision, whichever is applicable, shall be issued to all parties of record as a notice of decision within seven days after such decision is made and shall include findings of fact for each action it takes that sets forth a basis of its decision or recommendation. The findings of fact may be any or all those presented in the staff report or they may be completely different and separate findings that support the hearing body’s recommendation or decision. If the hearing body is the planning commission, its recommendation shall be forwarded to the city council for a final decision. (Ord. 889 § 19, 2000)
18.100.100 Closed record decision.
When the council is the final decision-maker on a project permit application where the planning commission holds an open record hearing and makes a recommendation, the council shall not hear further testimony and shall base its decisions on the record developed as a result of the open record public hearing, (Ord. 889 § 19, 2000)
18.100.110 Notice of final decision.
A. Written notice of final decision shall be provided to all parties of record within 10 workings days of the decision.
B. The notice of final decision shall be sent via regular mail, postage prepaid, addressed to the party of record as noted on the filed document indicating the desire to possess party of record status. Date of giving said notice shall suffice with the issuance of an affidavit of mailing.
C. Notice of final decision shall include the following information:
1. The name of the project and identification number;
2. The decision-maker and decision that was made;
3. Date the notice of final decision was prepared and the date of the decision;
4. The threshold determination made under SEPA (Chapter 43.21C RCW and Chapter 16.08 OMC), if applicable, and the procedures for SEPA administrative appeal, if any;
5. The procedures for appealing the permit decision; and
6. Where and when the written decision and related documentation may be inspected, and how copies may be purchased. (Ord. 889 § 19, 2000)