Chapter 16.20
PROJECT PERMIT APPLICATIONS

Sections:

16.20.010    Preapplication conference.

16.20.020    Permit application, forms and additional information.

16.20.030    Acceptance of application at the counter.

16.20.040    Completeness of applications.

16.20.050    Deadline for submission of materials prior to decision/hearing.

16.20.060    Changes or additions to application during review period.

16.20.010 Preapplication conference.

A. Purpose. The purpose of the preapplication conference is to:

1. Assist applicants to prepare a code-compliant project permit application;

2. Eliminate the city’s need to request additional information that causes the resubmittals, resubmittal fees, further city review, and which results in extending project approval dates; and

3. Reduce time frames for approval of project permit applications by expediting issue resolution through one-on-one collaboration between applicants and city staff.

B. Optional or Mandatory. Applicants may be required to attend a preapplication conference, depending on the type of permit. An application may be submitted to the city at any time (unless the city has adopted a moratorium on the acceptance of such permit applications), even if a preapplication conference is mandatory. Applicants may also request an optional preapplication conference.

C. Information Provided by Applicant. Whether the preapplication conference is mandatory or requested by the applicant, the following information shall be provided to the city by the applicant at least 10 working days prior to the date of the preapplication conference:

1. Identification of the subject property;

2. Description of the type of planned development, including proposed uses, and estimated density;

3. Identification of any requests for deviation from code requirements;

D. Information Provided by Director. If the preapplication conference is requested by the applicant, the director shall use his/her best effort to provide the following to the applicant at least five working days prior to the date of the preapplication conference:

1. A citation to the comprehensive plan policies and map designations applicable to the proposal (as described in the materials provided by the applicant);

2. A citation to the official zoning map classification for the property, any other code/ordinance provisions, including substantive and procedural requirements applicable to the proposal (as described in the materials provided by the applicant);

3. A reasonable identification of other governmental policies, regulations or constraints concerning the application.

E. Participants. When a preapplication conference is required, the applicant shall meet with the director or his/her designee(s) and any other staff members as appropriate to discuss the proposed development. The preapplication conference may be recorded.

F. Disclaimer. Failure of the director, his/her designee or any staff member to provide any of the information required by this section shall not constitute a waiver of any of the standards, criteria, or requirements for the application. Any discussion at the preapplication conference is for the purpose of acquainting the applicant with the known requirements for an undefined proposal. As a result, the discussions shall not bind the city in any manner or prevent the city’s future enforcement of all applicable codes, plans and regulations.

G. Preapplication Meeting Fee. Requests for a preapplication meeting shall be submitted on forms provided by the city with a preapplication meeting fee as set by resolution of the city council. (Ord. 2050 § 1 (Exh. A), 2021).

16.20.020 Permit application, forms and additional information.

Applications for permits shall be submitted on forms provided by the director. A complete permit application shall consist of all materials required by the applicable development regulations in the code for the individual permit/approval. In addition, the applicant shall provide the following general information:

A. A completed permit/approval application form, which must be signed by the owner of record of the property (the person(s) whose name is on the most recently recorded deed, or contract purchaser with written permission from the record owner). Any person authorized to submit an application for a permit/approval may be represented by an agent. However, any application signed by an agent must be accompanied by a verified statement signed by the owner of record, specifically authorizing the agent to submit the application on the owner of record’s behalf.

B. The street address and/or a legal description of the subject site, as required by the applicable development regulations for the individual permit/approval.

C. The applicable fee for the permit/approval.

D. Evidence of adequate water supply as required by RCW 19.27.097 or a copy of an application for a water concurrency determination submitted to the city or a copy of a request as submitted to the appropriate utility district.

E. Evidence of sewer availability or a copy of an application for a sewer concurrency determination submitted to the city or a copy of a request as submitted to the appropriate utility district.

F. An application for a traffic concurrency determination or a copy of an application for a transportation concurrency determination submitted to the city. (Ord. 2050 § 1 (Exh. A), 2021).

16.20.030 Acceptance of application at the counter.

When an application is received over the counter by the city, the director shall immediately determine whether the following essential items are present. If the following items are not present, the application shall not be accepted and shall be immediately returned to the applicant.

A. The completed required application form;

B. The required application fee; and

C. The signature of the applicant on the required form and signed written authorization of the property owner of record, if the applicant is not the owner. (Ord. 2050 § 1 (Exh. A), 2021).

16.20.040 Completeness of applications.

A. Determination of Completeness.

1. Deadline. Within 28 days after receiving a project permit application, the city will mail or personally deliver to the applicant, a determination which states either: (a) that the application is complete; or (b) that the application is incomplete and exactly what is necessary to make the application complete.

2. What Must Be Included. If more than one application is submitted under the consolidated permit review process, the determination of completeness will include all project permits being reviewed in a consolidated manner. To the extent known by the city, other agencies with jurisdiction over the project will be identified in the determination of completeness. However, it is the applicant’s responsibility to determine which permits are required from other agencies for a development, and to submit the appropriate permit applications.

3. Required Elements. A determination of completeness is made by the city when the application includes all of the elements identified in the development regulations and permit procedures and approval criteria in the city code. The city’s issuance of a determination of completeness means that the application is sufficiently complete to initiate review, even though additional information may be required by the city during processing or when subsequent application modifications are made. Issuance of a determination of completeness does not bar the city from requesting additional information or studies whenever new information is required, or substantial changes are made to the proposal.

4. Deemed Complete. If a determination of completeness is not issued by the city as provided in this section and within the deadlines established herein, the permit/approval application shall be deemed complete.

5. Effect of Determination of Completeness or Application Deemed Complete. If an application has been determined complete or deemed complete under this section, it does not mean that the application is “vested” to the applicable development regulations in effect at the time the application was determined complete or deemed complete under this section. Not all project permit applications are subject to the vested rights doctrine. An application that is “deemed complete” may not trigger vesting. The city will not make any determination whether an application is vested prior to the time that the city has determined that the application is consistent with the applicable development regulations.

B. Incomplete Applications.

1. Once the applicant receives notice of an incomplete application, the applicant has two choices. The applicant may:

a. Submit the information requested by the city within 90 days. If the additional information is submitted within this time period, the director shall reinitiate the process for a determination of completeness in subsection A of this section, and notify the applicant within 14 days of the receipt of the additional information whether the application is complete or incomplete. If another notice of incomplete application is sent to the applicant, the process shall start again with a new 90-day response period until the city issues a determination of completeness or until the response period has lapsed without a resubmittal.

b. Fail (or refuse) to submit the information requested by the city within 90 days. After this period expires, the director shall send a letter by certified mail to the applicant, informing the applicant that unless the information is received within 30 days from the date of the letter, the director will make written findings and issue a decision that the application has expired for lack of the information necessary to complete review and processing. The decision shall be sent to the applicant, and will also state that the city shall take no further action on the application, and if no arrangements are made within 30 days to pick up the application materials, they will be destroyed. If the application expires under this procedure, the applicant may request a refund of the portion of the application fee remaining after the city’s determination of incompleteness. A decision that an application has expired does not preclude the applicant from submitting new applications which are the same or substantially similar to the expired application.

C. “Holding” of Applications. Applicants may not request that the city “hold” incomplete or complete applications in abeyance, either indefinitely or for any set period of time. Once an application is submitted to the city, it will be processed according to the time frames in this title to a final decision. (Ord. 2050 § 1 (Exh. A), 2021).

16.20.050 Deadline for submission of materials prior to decision/hearing.

All documents and other evidence in support of an application and relied upon by the applicant for approval shall be submitted to the director no more than seven days after the city issues the notice of application or no less than 20 days prior to the public hearing on the application, whichever time period results in the materials being submitted at the earliest date shall control. Documents or evidence submitted after that date shall be received by the director, but may be too late to be considered in the decision (if a hearing is not allowed before an appeal). If a hearing is allowed on the application, documents or evidence received after that date shall be received by the director and transmitted to the hearing body, but may be too late to include with or to integrate in the staff report and with staff’s evaluation of the application. (Ord. 2050 § 1 (Exh. A), 2021).

16.20.060 Changes or additions to application during review period.

A. When documents or other evidence are submitted by the applicant during the review period but after the application has been determined (or deemed) to be complete, the assigned reviewer shall determine whether or not the new documents or other evidence submitted by the applicant significantly revise the application. Some of the factors that the city may consider as significantly revising the application include, but are not limited to, adding/subtracting from the property originally included in the application, making changes in the proposed use, expansion of any proposed structures, revisions requiring additional potable water and/or sewer, etc.

B. If the director determines that the new documents or other evidence significantly change the application, director shall include a written determination that a significant change in the application has occurred. Such a determination may trigger the need for additional review and submission of additional information, including, but not limited to, revised application materials and a new SEPA determination. In the alternative, the reviewer may inform the applicant either in writing, or orally at the public hearing, that such changes may constitute a significant change (see subsection C of this section), and allow the applicant to withdraw the new materials submitted.

C. If the applicant’s new materials are determined to constitute a significant change in an application that was previously determined complete, the city shall take one of the following actions:

1. If the applicant chooses to withdraw the new materials which constitute a significant change in the application, the city shall continue to process the existing application without considering the new documents or other evidence; or

2. Allow the applicant to submit a new application with the proposed significant changes, immediately after the existing application is withdrawn. If the applicant chooses this option, the application shall be subject to an additional fee, separate review for completeness, and will be subject to the standards and criteria in effect at the time the complete new application was submitted. (Ord. 2050 § 1 (Exh. A), 2021).