Article VI - ADMINISTRATION
Chapter 18.70
ADMINISTRATION – PROCEDURES FOR LAND USE PERMITS AND DECISIONS
18.70.000 Chapter Contents
Sections:
18.70.010 Purpose and intent.
18.70.020 Applicability.
18.70.030 General provisions.
18.70.040 Permit application procedures and types.
18.70.050 Decision and appeal authorities.
18.70.060 Permit review time periods.
18.70.070 Expiration of approvals.
18.70.100 Vesting.
18.70.110 Optional consolidated permitting process.
18.70.120 Determination of completeness.
18.70.130 Notice of application.
18.70.140 Notice of hearing.
18.70.150 Joint public hearing.
18.70.160 Notice of decision.
18.70.170 Appeals.
18.70.180 Conditional uses.
18.70.190 Rezones and text amendments.
(Ord. 7364 §2, 2023).
18.70.010 Purpose and intent
A. Fundamental land use planning choices made in adopted Comprehensive Plans and implemented through development regulations serve as the foundation for review of land use applications. This chapter establishes procedures for how the City of Olympia reviews land use permit applications.
B. These procedures provide for an effective processing and review of land use permit applications consistent with chapter 36.70B RCW. This chapter is applied in conjunction with chapter 18.82 OMC (Hearing Examiner); Title 16 OMC (Buildings and Construction); chapter 14.04 OMC (Environmental Policy); Title 17 OMC (Subdivisions); chapter 18.20 (Shoreline Master Program Regulations); chapter 18.32 OMC (Critical Areas); and other applicable codes and standards.
(Ord. 7364 §2, 2023).
18.70.020 Applicability
A. When required by this section, approval of a land use permit application must be completed and all appeal periods terminated prior to issuance of a building or any other construction permit. A permit holder shall construct and develop projects that have been reviewed as land use permit applications in compliance with the approved site plan and conditions attached thereto.
B. Land use approval is required for the following types of projects:
1. A change of use of land or addition that results in a substantial revision to the approved site plan;
2. Any new nonresidential and nonagricultural use of land; and
3. The location or construction of any nonresidential or nonagricultural building, or any project in which more than four dwelling units are contained.
C. Upon finding that any land use permit application meets the criteria for land use review, but the scope/scale of the project does not warrant the land use review process, the Director may waive the land use review process and appropriate land use application fees. Application of this exemption does not result in waiver of code requirements or construction permit processes.
(Ord. 7364 §2, 2023).
18.70.030 General provisions
A. Time Period Calculations. Regardless of whether any period is a minimum or maximum, when any permit review, notice, or decision time limit of this Title terminates on a weekend or City holiday, such time limit automatically extends to the first following non-holiday weekday.
B. General Notice Requirements. When providing required notice, City staff shall use the available records of the Thurston County Assessor’s Office to determine the property owner of record. All notices are deemed to have been provided or received on the date the notice is deposited in the mail, sent electronically, or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter is not grounds for invalidation of a decision on a permit.
D. Optional Public Notice. In addition to required public notice, the City may provide notice to other individuals or organizations interested or possibly affected by the proposal. Failure to provide optional public notice is not grounds for invalidation of a decision on a permit.
E. Dedication, improvements, and performance bond. As a condition of land use approval, the City may require an applicant to dedicate property, construct public improvements, or furnish a performance bond to the City to secure an obligation to complete the provisions and conditions of the project as approved.
F. Licenses and building permits. The City shall not issue business and occupational licenses unless the applicant has a valid certificate of occupancy as defined in OMC 18.02.180(C). The City shall not issue any building permit for the construction, alteration, or relocation of any building, structure, or part thereof unless the plans, specifications, and intended use of such building or structure conforms in all respects with the provisions of this Title.
G. The Director may waive appropriate land use application fees.
(Ord. 7364 §2, 2023).
18.70.040 Permit application procedures and types
An applicant seeking land use approval shall apply on forms provided by the Director. Application fee(s) as established by the City are due upon presentation of an application for land use approval. Land use permit applications are categorized as Type I, Type II, Type III, or Type IV. Applicable procedures for the review and decision on land use permit applications are pursuant to the following provisions:
A. Application Types. The Director shall determine the proper application type for the processing of each permit application pursuant to the provisions of this chapter. Table 18.70-1 identifies examples of the types of applications included in each Application Type.
1. Type I. Administrative decisions by the Director who may approve, conditionally approve, or deny the application.
2. Type II. Administrative decisions by the Director with specified public notice. The Director may approve, conditionally approve, or deny the application.
3. Type III. Hearing Examiner decisions following a public hearing. The Hearing Examiner may approve, conditionally approve, or deny the application.
4. Type IV. Legislative decisions by the City Council after a public hearing. The City Council may approve, conditionally approve, modify and approve, or deny the application. Type IV applications are not subject to review timeline limitations unless specified elsewhere in this Title.
B. Permit applications proposed in areas having adopted design guidelines are subject to design review. Refer to OMC 18.100 for applicability and procedures for design review. Notice requirements are as follows (see also OMC 18.100.110):
1. Notice of Design Review Board meeting for conceptual design review may be combined with a Notice of Application and must be sent electronically, or by first class or higher mail, to property owners within 300 feet of the site, parties of record, and the recognized neighborhood association in which the site is located.
2. Notice of Design Review Board meeting for detailed design review must be sent electronically, or by first class or higher mail, to parties of record, and the recognized neighborhood association in which the site is located.
C. An applicant seeking approval of a townhouse development shall submit an application for preliminary plat or short plat approval and any design review and land use approval simultaneously.
|
Application Type |
Examples |
|---|---|
|
Type I |
Administrative Design Review, Administrative Parking Modification, Boundary Line Adjustments, Critical Area Review Letter, Development Regulation Interpretation, Fence Variance, Fence/Wall Height Modification, Final Plat, Shoreline Exemption, Short-Term Rental, Sign Permit, Temporary Use Permit, Tree Removal, Zoning Letter |
|
Type II |
Administrative Conditional Use, Administrative Variance/Reasonable Use Exception, Binding Site Plan, Land Use Review, Preliminary Short Plat, Shoreline Substantial Development Permit |
|
Type III |
Preliminary Subdivision/Plat, Conditional Use Permit (including essential public facilities), Master Plan Amendment, Preliminary Planned Residential Development, Rezone not requiring Comprehensive Plan Amendment, Shoreline Conditional Use Permit or Shoreline Variance, Variance/Reasonable Use Exception |
|
Type IV |
Code Amendment to Titles 17 and 18 OMC, Comprehensive Plan Amendment, Development Agreement, Rezone requiring Comprehensive Plan Amendment, Shoreline Master Plan Amendment, Plat Vacation |
1 This table is not an exhaustive list of all application types. For any application not listed in the table, the application type will be determined by the Director.
(Ord. 7364 §2, 2023).
18.70.050 Decision and appeal authorities
A. Table 18.70-2 describes the final decision and appeal authorities for each land use application type. Table 18.70-3 provides public notice requirements for each land use application type. When separate applications are consolidated at the applicant’s request, the final decision must be rendered by the highest authority designated for any part of the consolidated application. A land use approval may be amended at the applicant’s request by the same procedures provided under this Chapter for original application approval.
B. The Site Plan Review Committee consists of the Building Official, Planner, City Engineer, SEPA Official, and the Fire Chief or their designees. The Community Planning and Development Director, or designee, shall chair the Committee. The Committee serves in an advisory capacity to the Director, who is responsible for all land use related decisions. The Committee shall adopt rules of procedure for the purpose of ensuring fair, lawful, and timely recommendations.
C. Referral to Hearing Examiner. If in the Director’s opinion a project is extraordinarily complex or presents significant environmental, design, or compatibility issues, the Director may refer the project for a public hearing before the Hearing Examiner. The Director may decide at any time to refer a project to the Examiner.
D. Design Review Board. The Design Review Board shall review and provide recommendations regarding Design Review applications decisions pursuant to chapter 18.100 OMC, Design Review. With respect to design review criteria, the decision-maker shall accord substantial weight to the Board’s recommendation.
|
Application Type |
Recommendation |
Hearing Body |
Decision Authority |
Appeal To (open or closed record appeal) |
|---|---|---|---|---|
|
Type I |
N/A |
N/A |
Director (Shoreline Administrator for shoreline permits) |
HEX (open record) |
|
Type II |
SPRC |
N/A |
Director2 (Shoreline Administrator for shoreline permits) |
HEX |
|
Type III |
Director (Shoreline Administrator for shoreline permits; HEX for Rezones, Master Plan Amendments and Preliminary Planned Residential Developments)3 |
HEX |
HEX (City Council for Rezones, Master Plan Amendments and Preliminary Planned Residential Developments) |
Superior Court, or WA State ELUHO for shoreline permits (closed record) |
|
Type IV |
Director (HEX for Development Agreements)4 |
OPC (HEX for Development Agreements) |
City Council |
Superior Court or WA State ELUHO (closed record) |
HEX = Hearing Examiner; SPRC = Site Plan Review Committee; OPC = Olympia Planning Commission; ELUHO = Environmental and Land Use Hearings Office
2 As described in OMC 18.70.050(C), the Director may refer to Hearing Examiner for decision.
4 See OMC 18.82
|
Application Type |
Determination of Completeness |
Notice of Application |
Notice of Hearing |
Notice of Decision |
|---|---|---|---|---|
|
Type I |
No |
No |
N/A |
No |
|
Type II |
Yes |
Yes |
N/A |
Yes |
|
Type III |
Yes |
Yes |
Yes |
Yes |
|
Type IV |
Yes |
Yes |
Yes |
Yes |
(Ord. 7364 §2, 2023).
18.70.060 Permit review time periods
A. Review Period. The decision-maker (Director or Hearing Examiner, depending on land use Application Type) shall render a final decision on a land use application within time limits set forth below, except as provided in OMC 18.70.060(D). The City shall review and process a land use application to allow for a final decision by the decision-maker within these time limits.
|
Application Type |
Time in Review |
|---|---|
|
Type I |
90 days • Final Plat: 30 days |
|
Type II |
120 days • Preliminary Short Plat: 90 days |
|
Type III |
120 days • Preliminary Subdivision: 90 days |
|
Type IV |
N/A |
B. Notice of Delayed Decision. If the City is unable to issue its final decision within the time limits listed below, the City shall provide written notice of this fact to the applicant. The notice must include a statement of reasons why the time limits have not been met and an estimated date for issuance of a final decision.
C. Liability. The City is not liable for damages due to the City’s failure to make a final decision within the time limits established in this chapter.
D. Request for Timeline. Where no time limit is specified, upon written request, the City will provide an estimated time of review. (Also see Olympia City Council Resolution No. M-1419 regarding exceptions.)
E. Time Limit Exceptions. The time limits set forth above do not include:
1. Up to the first 28 days after receipt of an application during which the City determines whether the application is complete.
2. Any period during which the applicant has been requested by the City to correct plans, perform studies, or provide additional information requested by the City. If the City determines that the additional information submitted to the City by the applicant is insufficient, the City shall notify the applicant of the deficiencies and this subsection (2) applies as if a new request for information has been made. If the applicant does not provide the requested corrections, studies, or information within six months, the application will be null and void.
3. Any appeal period. See OMC 18.70.170 for appeal procedures.
4. Any extension of time mutually agreed upon by the applicant and the City.
5. The time required to prepare and issue a final Environmental Impact Statement in accordance with the State Environmental Policy Act.
(Ord. 7364 §2, 2023).
18.70.070 Expiration of approvals
An applicant is responsible for knowing the expiration date of any approval. The City is not responsible for notifying an applicant of expirations.
A. Land Use Approval. Unless exercised by complete application for necessary construction permits, any land use approval expires and is null and void two years from the date the final approval was issued. Land use approval may be extended two additional years if a complete building or other construction permit application for the project is submitted prior to expiration of the land use approval. Even absent such application, upon finding that there has been no substantial change in relevant circumstances and standards, land use approval may be extended up to two additional years by the Director pursuant to a written request submitted prior to expiration of land use approval. The Director may grant, limit, or deny the extension and may impose such conditions of extension to ensure compliance with any subsequently revised standards. If such written request for extension is not received by the Department prior to expiration, the Director shall deny such extension.
B. Conditional Use Permit. Unless exercised or otherwise specified, a conditional use permit approval is void two years from the date a notice of final decision was issued and can be granted an extension for an additional two years as provided in OMC 18.70.070(A). If exercised, a conditional use permit is valid for the amount of time specified by the approval authority. If the use allowed by the permit is inactive, discontinued, or abandoned for 12 consecutive months, the permit is void and a new permit must be obtained in accordance with the provisions of this title prior to resuming operations.
C. Design Review approval expires simultaneously with expiration of any associated land use, building, or other construction permit or approval.
D. Variance/Reasonable Use Exception. Unless exercised, a variance or reasonable use exception expires one year from the date a final decision is issued. If timely exercised, a variance or reasonable use exception is valid indefinitely.
(Ord. 7364 §2, 2023).
18.70.100 Vesting
Land use permit applications vest according to OMC 18.02.130 and other applicable state and federal laws.
(Ord. 7364 §2, 2023).
18.70.110 Optional consolidated permitting process
Pursuant to RCW 36.70B.060(3) and 36.70B.120 and OMC 18.70.100, except as prohibited by Resolution No. M-1419 or its successor, an applicant may elect to submit a consolidated project permit application. The applicant shall make such election in writing upon and simultaneously with submission of all applications to be consolidated. Upon the applicant’s payment of the appropriate consolidation fee, the City shall process all consolidated applications as one application under the highest project permit classification and procedures.
A. If a project involving two or more permits has the permits processed individually, the highest project permit classification and procedures must be finalized before subsequent permits can be issued. The Director may waive this requirement for permits not dependent on the higher classification of permit for their justification or implementation.
B. If applicable, the City shall conduct a single open-record hearing and no more than one closed-record appeal on a consolidated review process. The consolidated process may combine an open-record hearing on one or more permits with an open-record appeal hearing on the other permits.
C. Upon electing a consolidated review, the applicant shall pay such consolidation fee as has been established in the fee schedule adopted by the City Council. Simultaneous applications for permit approval within one category of approvals, such as solely land use, building, or engineering approval, are not consolidated reviews subject to a consolidated review fee, but nonetheless are entitled to consolidated review if so elected by the applicant.
(Ord. 7364 §2, 2023).
18.70.120 Determination of completeness
When review procedures require a determination of completeness, the following apply:
A. Determination. Within 28 days of application, the Department shall provide the applicant a determination stating whether:
1. The application is complete; or
2. The application is incomplete and what is necessary to make the application complete.
B. To the extent known, the City shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
C. Failure to Notify. If the City fails to provide the applicant a determination within the required time, then the application is automatically deemed complete.
D. Processing. The City shall deem an application complete when it is sufficient for continued processing and when it meets the submission requirements set forth in OMC 18.70.040, and any submittal requirements identified at an optional presubmission conference. The determination of completeness does not preclude the City from requesting additional information or studies either at the time of the notice or subsequently if new information is required or substantial changes in the proposed action occur.
E. Incomplete Application. An applicant whose application has been deemed incomplete has 90 days from the date of determination in subsection (A)(2) of this section for the necessary information to be submitted. If the applicant either refuses in writing or does not submit the required information within the time limits, the application lapses, unless an alternate timeline is agreed to in writing by the City and the applicant prior to the end of the 90 days.
F. Review of Additional Information. When the applicant submits additional information for an incomplete application to the City, the City shall notify the applicant within 14 days of receipt of the additional information whether the application is complete or what additional information is necessary.
G. Review Timeline. When the City determines that an application is complete, the City shall note the date of such determination and the official review period to render a decision, as identified in OMC 18.70.060, begins.
H. Effect of Project Permit Application Revisions.
1. When the City has notified the applicant that a land use application is deficient and requires revisions, the time periods in OMC 18.70.060(E)(2) apply.
2. If, in the judgment of the Director, the content of an application is so substantially revised by an applicant, either voluntarily or to conform with applicable standards and requirements, that such revised proposal constitutes a substantially different proposal than that originally submitted, the Director shall determine the revised proposal to be a new application.
In reaching a determination whether a revision is so substantial as to constitute a new application, the Director shall consider the relative and absolute magnitude of the revision, the environmental sensitivity of the site, any changes in location of significant elements of the project and their relation to public facilities, surrounding lands and land uses and the stage of review of the proposal. Lesser revisions that would not constitute substantial revisions during early stages of review may be substantial during later stages due to the reduced time and opportunity remaining for interested parties to review and comment upon such changes. The Director shall provide written notice of the determination that the revision is so substantial as to constitute a new application to the applicant and all parties of record.
3. The Director’s determination that a revision is so substantial as to constitute a new application results in the time periods mandated by the Regulatory Reform Act, RCW Chapter 36.70B, set forth in this Title starting from the date at which the revised project application is determined to be complete. The revised project application is subject to all laws, regulations, and standards in effect on the date of receipt of such revised project application.
(Ord. 7364 §2, 2023).
18.70.130 Notice of application
When review procedures require a notice of application, the following apply:
A. Timeline. The Director shall notify the applicant within 14 days after making the determination of completeness.
B. Content. The notice of application must include the following:
1. The file number assigned;
2. The date of application, date of the notice of completeness, and the date of the notice of application;
3. A description of the proposed project action and a list of permits required with the application, including other government agencies having decision-making authority or providing funds for the application or action;
4. Identification of known permits not required with the application;
5. Identification of existing environmental documents that evaluate the proposal;
6. The location where the application and any requested studies can be reviewed;
7. For projects subject to the State Environmental Policy Act, notice may include the optional Determination of Nonsignificance process in WAC 197-11-355.
8. A statement of the public comment period on the notice of application, where applicable, which may not be less than 14 nor more than 30 days;
9. A statement of the rights of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision, and any appeal rights;
10. Name and phone number of the City staff contact person;
11. Any other information the City deems appropriate.
C. Notice of Application. The Director shall provide notice of application as follows:
|
|
|
Post Site |
Publish |
|---|---|---|---|
|
Type I |
No |
No |
No |
|
Type II |
Yes |
Yes |
No |
|
Type III |
Yes |
Yes |
Yes |
|
Type IV |
Yes |
Yes, for site-specific applications only |
Yes |
1. Notice by Mail. The Director shall send a notice of application electronically, or by first class or higher mail, to the following:
a. The applicant;
b. Affected City departments;
c. State, federal, and local agencies with jurisdiction;
d. For Type II, III, or site-specific Type IV applications, all property owners of real property (as shown by the records of the Thurston County Assessor’s Office) within 300 feet of the subject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, the Director shall provide notice to all owners of real property within a 300-foot radius of the total ownership interest;
e. Parties of Record for the project; and
f. For Type II, III, and site-specific Type IV applications, Recognized Neighborhood Associations (RNAs) within 1,000 feet of the subject property. For Type IV applications that are not site-specific, the Director shall provide notice to all RNAs.
2. Posting Notice on the subject property. The applicant shall post notice at least at one location on or adjacent to the subject property where the notice is clearly visible and legible from an adjacent street or public area.
a. The applicant shall maintain the notice sign until final decision and appeals periods have ended.
b. The Director shall determine the specifications for notice boards and their installation.
c. The applicant shall provide a record of the site posting to the department.
3. Publishing Notice. When a published notice in the City’s official newspaper of general circulation within the City limits is required, the content must include the following:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Comment period and dates;
e. Location where the complete application may be viewed.
D. Preliminary Plat Notice. When an applicant seeks preliminary plat approval for property adjacent to the right-of-way of a state highway, or within two miles of the boundary of a state or municipal airport, the Director shall notify (by electronic or regular mail) the Secretary of Transportation, who has 14 days from the date of notice to respond.
E. Integration of Notices. The City shall combine a notice of application with notification of a SEPA threshold determination, or a scoping notice for a SEPA determination of significance, whenever possible. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.
F. Issuance of Decisions. The City will not issue a decision or a recommendation on a land use application until the expiration of the public comment period, except as provided in subsection D above.
G. Comments. Comments from members of the public, City departments, or state or federal agencies should be as specific as possible. Comments must be received by the last day of the comment period specified in the notice of application; comments received after such date will not be considered. If no comments are received by the date specified in the notice from a member of the public, a City department, or a state or federal agency with jurisdiction, which was sent notification, then it is presumed that no member of the public, department, or agency has comments.
(Ord. 7364 §2, 2023).
18.70.140 Notice of hearing
When review procedures require a notice of hearing, the following apply:
A. Notice Integration. The Director shall issue a written notice of hearing in advance of a public hearing. A notice of hearing may be integrated with the notice of application or a SEPA threshold determination.
B. Notice Content. A written notice of hearing must contain the following information:
1. The name of the applicant or designated contact;
2. A description of the subject property;
3. Project summary/description of each project permit application;
4. The application/project file number;
5. The date, time, and place of the hearing;
6. A statement that all interested persons may appear and provide testimony;
7. A description of where information may be examined or obtained and the staff contact and phone number; and
8. A description of how written testimony or comments may be submitted.
If the notice of hearing is combined with SEPA threshold determination, the following information must also be included:
9. The SEPA threshold determination along with any appropriate statement regarding any shared or divided lead agency status and phased review, and stating the end of any final comment period;
10. The deadline (date, time, and place) for submitting a SEPA appeal;
11. A statement regarding any administrative appeal process including SEPA appeal.
C. Notification Procedures. The Director shall provide notice of hearing for a project permit application hearing in the following manner, as applicable:
1. Electronic/mail. The Director shall send notice electronically or by first class mail or higher to the following:
a. The applicant;
b. All owners of real property (as shown by the records of the Thurston County Assessor’s Office) within 300 feet of the subject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, the Director shall provide notice to all owners of real property within a 300-foot radius of the total ownership interest;
c. All parties of record and all persons providing a written request to the Director.
2. Posting of the Property. The applicant shall post notice at the subject property in the same manner and locations as the notice of application set forth in OMC 18.70.130.C(2).
3. Publishing Notice. The Director shall publish the hearing notice in the City’s official newspaper of general circulation within the City limits. The content of the published notice must be the same as the notice of application set forth in OMC 18.70.130.C(2).
4. Website. The Director shall publish the hearing notice on the City’s website.
D. Notice Deadlines. The Director shall provide notice of hearing at least 10 days before the hearing date except:
1. For a shoreline permit application pursuant to WAC 173-27-110(3) at least 15 days before the hearing date.
2. For an integrated notice of hearing and notice of application, the Director shall provide such notice at least 15 days before the hearing date.
3. For an integrated notice of hearing and notice of a SEPA threshold determination, the Director shall provide such notice at least 21 days before the hearing date.
E. Continuation of Hearing. No additional notice of hearing is required for a continued hearing.
F. Appeal Notification. The Director shall provide notice for a hearing on appeal in the following manner:
1. Electronic/mail. The Director shall provide notice electronically, or by first class mail or higher to the following:
a. The applicant
b. The appellant (if other than the applicant);
c. Parties of record;
d. Affected state or federal agencies with jurisdiction; and
e. Other persons whom the Director believes may be affected by the action.
G. Additional Procedures. In addition to the procedures contained in this chapter, the Director may develop procedures for notification.
(Ord. 7364 §2, 2023).
18.70.150 Joint public hearing
A hearing on a project permit application may be combined with any other hearing on the project held by another local, state, regional, federal, or other agency pursuant to RCW 36.70B.110.
(Ord. 7364 §2, 2023).
18.70.160 Notice of decision
A. The Director shall provide a notice of decision on a Type II, III, and IV permit application. A notice of decision may be combined with another decision or permit.
B. Notification. The Director shall provide a notice of decision in the following manner as applicable:
1. Electronic/mail. The Director shall send a notice of decisions electronically or by first class mail or higher to the following:
a. The applicant;
b. Parties of record; and
c. For Type IV decisions, the Thurston County Assessor’s Office.
C. Notice Contents. The notice may include a copy of the report of decision on the project permit application; and must include, when available, the SEPA threshold determination, the permit decision, the conditions of approval or where such conditions may be viewed by the public, and the general procedures and time limits to file an appeal.
D. Change of Valuation. The notice must state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.
(Ord. 7364 §2, 2023).
18.70.170 Appeals
A. General.
1. Those land use permit decisions that are subject to appeal become final unless an appeal is filed to the appeal authority shown in Table 18.70-2 in OMC 18.70.050, and in OMC 18.82.120. An appellant must file an appeal and must pay all appeal fees within the designated time to file an appeal; an appeal must be filed by 4:00 p.m. on the final day of the appeal period.
2. The appellant bears the burden of proving the decision was not supported by substantial evidence or was contrary to law.
3. An appeal of a decision on a Type I or Type II application must be filed within 14 days following the issuance of the notice of decision. For a land use permit decision issued concurrently with a SEPA determination of nonsignificance that required a public comment period, the land use permit decision appeal period is extended an additional seven days to coincide with the SEPA appeal period. The Department shall promptly forward a copy of such appeal to the Hearing Examiner.
4. An appeal of a SEPA threshold determination is to the Hearing Examiner pursuant to Chapter 14.04 OMC and this section. Any allowed appeals of procedural or substantive determinations under SEPA must be consolidated with any appeal on the underlying governmental action in a single, simultaneous hearing before the Hearing Examiner consistent with chapter 36.70B RCW, WAC 197-11-680, this chapter and chapter 14.04 OMC. The following threshold decisions or actions are subject to timely appeal:
a. Determination of Nonsignificance or Mitigated Determination of Nonsignificance. Conditions of approval and the lack of specific conditions may be appealed to the Hearing Examiner within seven calendar days after the SEPA comment period expires. Except: When the Determination is combined with a project decision where the appeal would be heard in conjunction with any appeal or hearing on the associated project;
b. Environmental Impact Statement. A challenge to a determination of adequacy of a Final EIS may be heard by the Hearing Examiner in conjunction with any appeal or hearing regarding the associated project permit. Where no hearing is associated with the proposed action, an appeal of the determination of adequacy must be filed within 14 days after the 30 day comment period has expired.
5. An appeal of a Type III or Type IV project permit final decision to Thurston County Superior Court must be filed pursuant to chapter 36.70C RCW. Appeals must be filed within 21 days following the issuance of the notice of decision.
6. An appeal of a Type IV decision to the Environmental and Land Use Hearings Office must be filed in accordance with administrative rules adopted by the applicable hearings board within that Office.
7. A final decision relating to the Olympia Shoreline Master Program may be appealed as follows:
a. A decision on a Type II shoreline permit may be appealed to the Hearing Examiner pursuant to subsection (A)(3) of this section or may be appealed directly to the Shorelines Hearings Board pursuant to RCW 90.58.180.
b. A decision on a Type III and IV permit may be appealed to the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing pursuant to RCW 90.58.140(6).
8. Takings and Substantive Due Process Review and Modifications.
a. The Hearing Examiner is hereby authorized to hear, by way of appeal or upon review of a project permit application, all assertions of project-specific taking of property for public use without just compensation or the denial of substantive due process of law (or both), and all challenges to imposition of conditions on a project of a similar nature such as any assertion that an open space dedication is not reasonably necessary as a direct result of a proposed development whether based on constitutional, statutory, or common law. Failure to raise a specific challenge to such condition or exaction constitutes a waiver of such issue and a failure to exhaust an administrative remedy.
b. In deciding and resolving any such issue, the Examiner may consider all law applicable to the City. Should the Examiner determine that, but for a taking without just compensation or a violation of substantive due process, imposition of any such condition would be required by standard, regulation, or ordinance, the Hearing Examiner shall so state in the decision and so report to the Olympia City Council. In lieu of failing to impose such condition, the Hearing Examiner shall first provide the City with due opportunity to provide just compensation. The Hearing Examiner shall specify a time period in which the Council may elect to or not to provide just compensation. Upon notice of the election of the City Council not to provide such compensation, the Hearing Examiner shall, in accordance with OMC 18.82.220, issue a decision modifying to whatever degree necessary such condition to eliminate the taking or violation of substantive due process.
B. Appellant. Only a party of record aggrieved by the decision, or a City Department, may appeal a Type I or II decision to the Hearing Examiner. Appeals of Type III and IV decisions may be filed according to the applicable governing statutes.
C. Filing an Appeal. Administrative appeals are filed by submitting a form or electronic submittal as provided by the Director.
D. Computation of Time. For purposes of computing the time for filing an appeal, the day the decision is issued is not included. The last day of the appeal period is included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050, or by the City’s ordinances as a legal holiday; then it also is excluded, and the filing must be completed on the next business day. An appeal must be filed by 4:00 p.m. on the final day of the appeal period.
E. Content of Appeal. An administrative appeal must be in writing and accompanied by the required appeal fee, and must contain at least the following information:
1. Appellant’s name, address, and phone number, and email address;
2. Appellant’s statement describing the Appellant’s standing, as a party of record, to appeal;
3. Identification of the application that is the subject of the appeal;
4. How the appellant is or is likely to be harmed or prejudiced by the decision appealed from;
5. How or in what particular respect the administrative official erred;
6. What relief or ruling is sought and how such ruling would eliminate or reduce harm to the appellant; and
7. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
F. Dismissal. Failure to state specific grounds of the appeal and relief sought may result in dismissal of such appeal. For appeals to the Hearing Examiner, City staff or any party may request dismissal of an appeal at any time with notice to all parties. Upon finding that the appeal fails to state cause to reverse or modify the decision or that the Hearing Examiner lacks jurisdiction to grant relief, the Examiner may dismiss such appeal without hearing. The Hearing Examiner shall state in writing whether such dismissal is with or without prejudice.
G. Effect. The timely filing of an administrative appeal stays the effective date of the decision until the appeal is either decided or withdrawn, unless otherwise provided in this code or in state or federal law.
H. Notice of Appeal. The Director shall provide public notice of the appeal as provided in OMC 18.70.140(F), unless otherwise provided in this code or in state or federal law.
(Ord. 7364 §2, 2023).
18.70.180 Conditional uses
A. Conditional use approval. Certain uses, because of their unusual size, infrequent occurrence, special requirements, possible safety hazards, or detrimental effects on surrounding properties and other similar reasons, are classified as conditional uses. These uses may be allowed in certain districts by a Conditional Use Permit, as follows:
1. Any conditional use permit application that is exempt from the State Environmental Policy Act is a Type II application pursuant to OMC 18.70.040. (See OMC 14.04.065 and WAC 197-11. Part Nine).
2. Any conditional use permit application that is subject to the State Environmental Policy Act is a Type III application, except as granted in subsection 3 below.
3. Expansion of Approved Conditional Uses. The Director may authorize, as a Type II application, requests for up to a 25 percent expansion, in any five-year period, of any approved conditional use’s gross floor area, height, parking, or occupancy (e.g., number of seats, classrooms, and students). The Director may also authorize alterations to the site design, including landscaping, fences, lighting, signs, and similar site features. The Director may authorize any such modifications only if the use remains consistent with the original conditions of approval and applicable regulations.
B. Permit content and enforcement. Conditional Use Permits must state the location, nature, and extent of the conditional use, together with all conditions that were imposed, and any other information deemed necessary for the issuance of the permit. If, at any time, the Director finds that the conditional use no longer complies with the conditions specified in the permit, the owner is in violation of this Title and is subject to its penalties.
C. Additional conditions. The Hearing Examiner or Director, as applicable, may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The conditions may:
1. Increase requirements in the standards, criteria, or policies established by this Title;
2. Stipulate an exact location as a means of minimizing hazards to life, limb, property, traffic, or of erosion and landslides;
3. Require structural features or equipment essential to serve the same purpose set forth in item 2 above;
4. Impose conditions similar to those set forth in items 2 and 3 above to assure that a proposed use will be equivalent to permitted uses in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;
5. Ensure that the proposed use is compatible with respect to the particular use on the particular site and with other existing and potential uses in the neighborhood.
6. Assure compliance with the Citywide Design Guidelines, Unified Development Code, chapter 18.20 OMC, as recommended by the Design Review Board.
D. Compliance. Noncompliance with the conditions of the permit is grounds for rehearing before the Hearing Examiner. The Hearing Examiner may suspend or revoke a conditional use permit pursuant to this section or impose penalties (or both), for violation of any of the provisions of this title or original conditions of approval.
E. Appeals. The action by the Hearing Examiner on an application for a Conditional Use Permit is final and conclusive unless appealed in the manner and within the time limits set forth in OMC 18.70.170.
F. Transferability. A Conditional Use Permit is transferable, provided that the transferee complies with the conditions. If at any time the conditional use no longer complies with the conditions of the permit, the owner is in violation of this Title and is subject to its penalties, and the Hearing Examiner may suspend or revoke the permit.
(Ord. 7364 §2, 2023).
18.70.190 Rezones and text amendments
A. Authority. The City Council may, upon its own motion, amend, supplement, or change by ordinance any of the provisions, use district boundaries, or use district classifications established in this Title; provided that:
1. In the case of site-specific rezones which do not require a Comprehensive Plan Amendment, the Council shall first review the recommendation of the Hearing Examiner. Such cases are Type III applications pursuant to OMC 18.70.040.
2. In the case of all other non-ministerial changes, including text amendments and privately initiated rezones which require a Comprehensive Plan Amendment, the Council shall first review the recommendation of the Planning Commission. Such cases are considered Type IV applications pursuant to OMC 18.70.040.
B. Collection of rezone applications. Site-specific rezone applications may be submitted at any time. However, for review purposes, such proposals will be collected into two sets in each calendar year. Unless otherwise specifically authorized by the City Council:
1. Proposals submitted between April 1st and September 30th are considered collectively and voted upon by the City Council by March 31st of the following year.
2. Proposals submitted between October 1st and March 31st are considered collectively and voted upon by the City Council by September 30th of the same year.
3. Proposals will be considered no more than twice each year.
C. Decision criteria for rezone requests. The following criteria are used to evaluate each rezone request. A zoning map amendment may only be approved if the Council concludes that at minimum the proposal complies with subsections (A) through (C) of this section. To be considered are whether:
1. The rezone is consistent with either the Comprehensive Plan, including the Plan’s Future Land Use map as described in OMC 18.59.055, or with a concurrently approved amendment to the Plan.
2. The rezone maintains the public health, safety, or welfare.
3. The rezone is consistent with other development regulations that implement the comprehensive plan.
4. The rezone results in a district that is compatible with adjoining zoning districts; this may include providing a transition zone between potentially incompatible designations.
5. Public facilities and services existing and planned for the area are adequate and likely to be available to serve potential development allowed by the proposed zone.
(Ord. 7364 §2, 2023).