Chapter 18.60
LAND USE REVIEW AND APPROVAL
18.60.000 Chapter Contents
Sections:
18.60.020 Purpose.
18.60.040 Applicability.
18.60.050 Delegation of authority.
18.60.060 Application - Content.
18.60.080 Application - Review process.
18.60.100 Site plan review log - Summary of action.
18.60.120 Notification.
18.60.140 Reconsideration in response to SEPA comments.
18.60.160 Preliminary review.
18.60.180 Amendments.
18.60.200 Variances.
18.60.220 Dedication, improvements and performance bond.
18.60.240 Final approval - Expiration.
18.60.020 Purpose
The purpose of this section is to allow for the placement of uses permitted by Title 18 of the Olympia City Code, through a comprehensive site plan review process, which insures compliance with the adopted plans, policies and ordinances of the City of Olympia. It is further intended to provide for the examination of development proposals with respect to overall site design and to provide a means for guiding development in logical, safe and attractive manners.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.040 Applicability
Construction and development of projects reviewed through the Land Use Approval process shall be in strict compliance with the approved site plan and conditions attached thereto. When required by this section, site plan review and land use approval shall be completed and all appeal periods terminated prior to issuance of a building or any other construction permit. Land use approval is required for the following types of projects:
A. Any change of occupancy of a building from one Uniform Building Code group or division of a group to another or a change of use of land;
B. Any new nonresidential and nonagricultural use of land;
C. The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four (4) dwelling units would be contained; and
D. Any addition to such structure or remodel or substantial revision of the site plan associated with such use.
(Ord. 5830 §25, 1998; Ord. 5594 §22, 1996; 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.050 Delegation of authority
Upon finding that any proposed land use and associated construction is exempt from environmental review pursuant to OMC Chapter 14.04 and WAC 197-11-800, and upon finding that coordinated multi-disciplinary review is not necessary to protect the public health, welfare and safety, the Site Plan Review Committee may waive appropriate land use application fees and may delegate review and approval of a proposed land use and associated improvements to the Olympia Fire Chief, Senior Planner, Building Official and/or Development Engineer, as deemed appropriate by the Committee.
(Ord. 5570 §29, 1995).
18.60.060 Application –Content
Each application for land use approval shall contain all required information as set forth in the approved land use application together with the following information:
A. A complete environmental checklist, when required by the State Environmental Policy Act;
B. All fees, signatures and information specified in the approved application form;
C. Complete application(s) for all associated non-construction approvals or permits required by this code, including but not limited to concept design review, conditional use approval, shoreline development, site plan review, variance, preliminary plat approval, and rezone.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.080 Application –Review process
A. Filing.
1. Applications for land use approval shall be made on forms provided by the City and made available at the Department.
2. A complete application for land use approval shall be filed with the Department. An application shall not be considered complete if it fails to contain any of the information and material required by Section 18.60.060 or Chapter 18.77.
3. Upon determination of a complete application, the Department shall notify all appropriate recognized neighborhood associations.
4. Application fee(s) as established by the City are due upon presentation of an application for land use approval.
B. Review by Site Plan Review Committee (SPRC).
1. The Site Plan Review Committee shall consist of the Building Official, Senior Planner, Development Services Engineer, Environmental Review Officer, and the Fire Chief or their designees. The Committee shall adopt rules of procedure for the purpose of ensuring fair, lawful and timely decisions and recommendations.
2. Except when a public hearing is required or where the applicant agrees to an extension of time, the Site Plan Review Committee shall, within one hundred twenty (120) days from the date of complete application, approve, disapprove or approve with conditions any proposed land use. Notice of the SPRC’s decision or recommendation shall be distributed as provided by Table 78-1.
3. When a public hearing is required prior to land use approval, the Site Plan Review Committee shall issue its recommendation to the Hearing Examiner in a manner that will provide the Hearing Examiner sufficient time to issue a notice of final decision within 120 days of the date of complete application.
4. Any time required to prepare, review and issue a final environmental impact statement as required under the provisions of SEPA shall not be included under the time constraints of this subsection.
5. The SPRC shall review proposed projects for consistency with the standards and provisions of the City of Olympia as expressed in the various adopted plans and ordinances, including this Title.
6. Whenever the SPRC denies land use approval, it shall set forth, in writing, its findings which shall specify the reasons for the disapproval. Unless a public hearing is otherwise required, the decision of the SPRC shall be final unless appealed to the Hearing Examiner pursuant to Section 18.75.020(D).
C. Referral to Hearing Examiner. The SPRC shall have the prerogative of refusing to rule on a proposed land use if in the Committee’s opinion the project is so extraordinarily complex or presents such significant environmental issues that it should be reviewed by and be the subject of a public hearing before the Hearing Examiner. Any decision of the SPRC to refer a project to the Examiner shall be made prior to and issued with the determination of completeness.
D. Hearing Examiner. Any review by the Hearing Examiner shall be conducted according to the procedural requirements of Chapter 18.82, Hearing Examiner.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.100 Site plan review log –Summary of action
On the first work day following action of the SPRC, the Hearing Examiner or City Council on a project, the action shall be entered into the permit tracking system maintained by the Department.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.120 Notification
Notice of the decision of the SPRC, Hearing Examiner or City Council shall be mailed to the applicant within seven (7) calendar days following the action. (See Chapter 18.78, Public Notification.)
(Ord. 6273 §30, 2003; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.140 Reconsideration in response to SEPA comments
Any interested person may submit written comments and request reconsideration by the Site Plan Review Committee within fifteen (15) days of the date any decision attached to a SEPA threshold determination is issued. Unless further action is taken by the Site Plan Review Committee in response to such comments, the period in which to file an appeal shall terminate twenty-one (21) days after the date the decision is issued. SEPA exempt actions of the committee shall not be subject to reconsideration and shall be subject to only a fourteen (14) day appeal period.
(Ord. 5570 §29, 1995).
18.60.160 Preliminary review
Prior to applying for land use approval, a prospective applicant may present to the SPRC a presubmission site plan. The purpose of the presubmission review of the site plan is to enable the applicant to obtain the advice of the SPRC as to the intent, standards and provisions of the City as applied to a project.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.180 Amendments
A project approved by the SPRC, Hearing Examiner or City Council may be amended at the applicant’s request by the same procedures provided under this chapter for original application approval.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.200 Variances
The Hearing Examiner may grant variances from the provisions of this title as will promote the public health, safety and general welfare. Application for a variance shall be made in writing stating fully the reasons for the variance and the provisions of this title for which the variance is requested. (See Chapter 18.66 for variance requirements.)
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.220 Dedication, improvements and performance bond
As a condition of land use approval, an applicant may be required to dedicate property, construct public improvements, and furnish a performance bond to the City to secure an obligation to complete the provisions and conditions of the project as approved.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).
18.60.240 Final approval –Expiration
Unless utilized by application for unexpired construction permits or explicitly extended by the SPRC, the final approval of a land use application shall expire in one (1) year pursuant to 18.72.140(D), Expiration of Approvals.
(Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).