Chapter 19.30 TYPE I – III PROJECT PERMIT APPLICATIONS

Chapter 19.30
TYPE I – III PROJECT PERMIT APPLICATIONS

Sections:

19.30.020 Development permit application.

19.30.030 Submission and acceptance of application.

19.30.050 Referral and review of development permit applications.

19.30.010 Pre-application conferences.

A. Prior to submittal of applications for Type II, III and IV project permit actions, applicants will schedule a pre-application conference; provided, however, that this pre-application conference requirement may be waived by the administrator when staff and the applicant agree that a meeting is unnecessary. Pre-application conferences for all other types of applications are optional on the part of the applicant. The purpose of the pre-application conference is to acquaint the applicant with the requirements of the RMC, and to familiarize city staff with the details of the potential project application.

B. The conference shall be held within 21 calendar days of the request.

C. At the conference or within five working days of the conference, the applicant may request that the following be provided:

1. A form which lists the requirements for a completed application;

2. A general summary of the procedures 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; and

4. The city’s design guidelines.

D. The conference is not to be construed by the applicant as 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 law. [Ord. 12-96; Ord. 29-12 § 1.01; Ord. 21-19 § 1].

19.30.020 Development permit application.

Applications for project permits shall be submitted upon forms provided by the director. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information:

A. A completed project permit application form;

B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;

C. A property and/or legal description of the site for all applications, as required by the applicable development regulations; and

D. The applicable fee. [Ord. 12-96; Ord. 29-12 § 1.01].

19.30.030 Submission and acceptance of application.

A. Determination of Completeness. Within 28 days after receiving a project permit application, the city shall mail or personally provide a 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.

B. Identification of Other Agencies with Jurisdiction. 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.

C. Complete Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in RMC 19.30.020, as well as the submission requirements contained in the applicable development regulations. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. 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.

D. Incomplete Application Procedure.

1. If the applicant receives a determination from the city that an application is not complete, the applicant shall have 90 days to submit the necessary information to the city. Within 14 days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection (A) of this section, and notify the applicant in the same manner.

2. If the applicant either refuses in writing to submit additional information or does not submit the required information within the 90-day period, the director shall make findings and issue a decision, according to the Type I procedure in RMC 19.20.030, that the application is denied based upon the lack of information necessary to complete the review.

3. In those situations where the director has denied an application because the applicant has failed to submit the required information within the necessary time period, the applicant may request a refund of the application fee unrelated to the city’s determination of completeness.

E. City’s Failure to Provide Determination of Completeness. 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 (A) of this section.

F. Date of Acceptance of Application. When the project permit application is complete, the director shall accept it and note the date of acceptance. [Ord. 12-96; Ord. 29-12 § 1.01].

19.30.040 Notice of application.

A. Generally. A notice of application shall be issued on all Type II and III project permit applications. To the extent possible, notice of application and any required notice of public hearing shall be combined.

B. Contents. The notice of application shall include:

1. The date of application, the date of the notice of completion for the application and the date of the notice of application;

2. A description of the proposed project action and a list of the project permits included in the application;

3. The identification of other permits not included in the application, to the extent known by the city;

4. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

5. 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;

6. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;

7. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in Chapter 19.50 RMC;

8. Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.

C. Time Frame and Method of Issuance of Notice of Application.

1. Within 14 days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application.

2. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing.

3. To the extent possible, notice of application will be combined with the notice of public hearing otherwise required by the city’s development regulations. If regulatory requirements prevent combined notice, notice of application shall be issued by the following methods:

a. Posting of notice in a conspicuous manner on the property upon which the project is proposed to be located;

b. Publishing notice in the city’s official newspaper;

c. Mailing of notice to property owners of record within 300 feet of the subject site; and

d. Posting of notice on the city’s webpage.

D. Public Comment of the Notice of Application. All public comments received on the notice of application must be received in the community and development services group, planning and development services, by 5:00 p.m. on the last day of the comment period in order to be included with the staff report that is distributed to hearing body members prior to the hearing. Comments received after the comment period but before the public hearing will be distributed to hearing body members at the public hearing. Comments may be mailed, personally delivered or sent by facsimile or e-mail. Comments should be as specific as possible. [Ord. 12-96; Ord. 31-03; Ord. 29-12 § 1.01].

19.30.050 Referral and review of development permit applications.

Within 10 days of accepting a complete application, the director shall do the following:

A. Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The director shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days.

B. If a Type II or III procedure is required, notice of hearing shall be provided as set forth in Chapter 19.40 RMC. [Ord. 12-96; Ord. 29-12 § 1.01].