Chapter 17.06
CONSOLIDATED PERMIT REVIEW PROCESS
Sections:
17.06.020 Project consistency.
17.06.030 Notice of complete application.
17.06.040 Determining time limits.
17.06.070 Public notice of application.
17.06.010 Scope of review.
A. Fundamental land use choices made in the comprehensive plan and regulations shall serve as the foundation for project review. The review of a proposed project’s consistency with applicable development regulations, or in the absence of applicable regulations, with the comprehensive plan, provided for in Section 17.06.020 of this chapter, shall incorporate the determinations under this section.
B. During project review, the city manager or designee or any subsequent body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, in the comprehensive plan. At a minimum, such applicable regulations or plan shall be determinative of the:
1. Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments, conditional uses, and special uses, if the criteria for their approval has been satisfied;
2. Density or residential development; and
3. Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required under Chapter 17.07 of this code and RCW Chapter 36.70A.
C. During project review, the city manager or designee shall not reexamine alternatives to or hear appeals on the items identified in subsection B of this section, including issues of code interpretation.
D. The city manager or designee may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation from some or all of the project’s specific adverse environmental impacts to which the requirements apply.
E. Nothing in this section limits the authority of the city to approve, condition, or deny a project as provided in its development regulations adopted under RCW Chapter 36.70A and its policies adopted under RCW 43.21C.060. (Ord. 1921-0518 (part), 2018; Ord. 1473-497 § 2 (part), 1997; Ord. 1443-496 § 1 (part), 1996)
17.06.020 Project consistency.
A. A proposed project’s consistency with development regulations adopted under RCW Chapter 36.70A, or in the absence of applicable regulations, the appropriate elements of the comprehensive plan or related plans adopted under Chapter 36.70A RCW or therein referenced, shall be determined by consideration of:
1. The type of land use;
2. The level of development, such as units per acre or other measures of density of land use intensity;
3. Infrastructure, including public facilities and services needed to serve the development as defined in Section 17.07.030; and
4. The character of the development, including but not limited to its conformance to development standards and design review criteria.
B. In determining consistency, the determinations made under Section 17.06.010 of this chapter shall be controlling.
C. For purposes of this section, the term “consistency” shall include all terms used in this title and in RCW RCW Chapter 36.70A to refer to performance in accordance with this title and RCW Chapter 36.70A, including but not limited to compliance, conformity and consistency.
D. Nothing in this section requires documentation, dictates procedures for considering consistency, or limits the city manager or designee from asking more specific or related questions with respect to any of the four main categories listed in subsection (A)(1) through (A)(4) of this section. (Ord. 1921-0518 (part), 2018; Ord. 1473-497 § 2 (part), 1997; Ord. 1443-496 § 1 (part), 1996)
17.06.030 Notice of complete application.
A. Within twenty-eight days after receiving a project permit application, the city manager or designee shall mail or provide in person a written determination to the applicant, stating either:
1. That the application is complete; or
2. That the application is incomplete and what is necessary to make the application complete.
To the extent known by the city manager or designee, he/she shall identify other agencies of local, state or federal agencies that may have jurisdiction over some aspect of the application.
B. A project permit application is complete for purposes of this section when it meets the city’s procedural submission requirements, and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. If the city manager or designee determines that formal site plan review is required, an application shall not be considered complete until the applicant and/or a representative of the applicant has met with the city in a formal site plan meeting. The determination of completeness shall not preclude the city manager or designee from requesting additional information or studies either at the time of notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
C. The determination of completeness may include the following as optional information:
1. A preliminary determination of those development regulations that will be used for project mitigation, including Chapter 17.07;
2. A preliminary determination of consistency, as provided under Section 17.06.020 of this chapter; or
3. Other appropriate information.
D. 1. An application shall be deemed complete under this section if the city manager or designee does not provide a written determination to the applicant that the application is incomplete in a timely manner as provided in subsection (A)(2) of this section.
2. Within fourteen days after an applicant has submitted additional information identified as being necessary for a complete application, the city manager or designee shall notify the applicant whether the application is complete or what additional information is necessary. (Ord. 1921-0518 (part), 2018; Ord. 1473-497 § 2 (part), 1997; Ord. 1443-496 § 1 (part), 1996)
17.06.040 Determining time limits.
A. Except as otherwise provided in subsection B of this section, the city manager or designee shall issue a notice of a final decision on a project permit application within one hundred twenty days after notification to the applicant that the application is complete, as provided in Section 17.06.030 of this chapter. In determining the number of days that have elapsed after such notice the following periods shall be excluded:
1. a. Any period during which the applicant has been requested to correct plans, perform additional studies, or provide additional required information. The period shall be calculated from the date the city manager or designee notifies the applicant of the need for additional information until the date the city manager or designee determines whether the additional information satisfies the request or fourteen days after the date the information has been provided whichever is sooner.
b. If the city manager or designee determines that the information submitted by the applicant under subdivision (1)(a) of this subsection is insufficient, he/she shall notify the applicant of the deficiencies and procedures under subdivision (1)(a) of this subsection shall apply as if a new request for additional information had been made;
2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to RCW Chapter 43.21C;
3. Any period for administrative appeals of project permits, if an open record hearing appeal hearing or a closed record appeal, or both, are allowed. The time period for considering and deciding shall not exceed:
a. Ninety days for an open record appeal hearing, and
b. Sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods;
4. Any time periods required by state or federal law for review, approval and appeal of state or federal permits or approvals; and
5. Any extensions of time mutually agreed upon by the applicant and the city manager or designee.
B. The time limits established by subsection A of this section do not apply if a project permit application:
1. Requires an amendment to the comprehensive plan or a development regulation;
2. Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the sitting of an essentially public facility as provided in RCW 36.70A.200; or
3. Is substantially revised by the applicant, in which case the time period shall start from the date at which revised project application is determined to be complete under Section 17.06.030 of this chapter.
C. If the city manager or designee is unable to issue a final decision within the time limits provided in the section, he/she shall provide written notice of this fact to the applicant. The notice shall include a statement of the reasons why the time limits have not been met and an estimate of the date for issuance of the notice of final decision. (Ord. 1921-0518 (part), 2018; Ord. 1443-496 § 1 (part), 1996)
17.06.050 Agent.
The city manager or designee may require, at any time during the process, that the applicant designate a single person or entity to receive determinations and notices required by this title. (Ord. 1921-0518 (part), 2018; Ord. 1443-496 § 1 (part), 1996)
17.06.060 Contact official.
The city manager or designee may designate, by written notice, telephone contact, or in person, other officers of the city as appropriate contacts for any aspect of the proposed project. In such cases the determinations of such officers pursuant to the requirements and conditions of this title shall be construed to be those of the city manager or designee. (Ord. 1921-0518 (part), 2018; Ord. 1443-496 § 1 (part), 1996)
17.06.070 Public notice of application.
A. The city manager or designee shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If the responsible official under RCW Chapter 43.21C has made a determination of significance, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to notice of application.
B. The notice of application shall be provided within fourteen days after the notice of complete application as provided in this section and include the following whatever sequence or format is deemed appropriate by the city:
1. The date of issuance of the notice of application. The date of application, and the date of the notice of complete application;
2. A description of the proposed project and a list of the project permits included in the application and, if applicable, a list of any studies requested under this section or Section 17.06.040 of this chapter;
3. The identification of other permits not included in the application to the extent known;
4. 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;
5. A statement of the public comment period, which shall be no less than fourteen nor more than thirty days following the date of the notice of application, and statements of the right of any person to comment on the application, receive notice of particular in any hearings, request a copy of the decision once made, and any appeal rights. The city manager or designee may accept comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;
6. The time, date, place and type of hearing, if applicable and scheduled at the date of notice of the application;
7. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in Section 17.06.020 of this chapter; and
8. Any other appropriate information as determined by the city manager or designee.
C. If an open record predecision hearing is required for the requested project permits, the notice of application shall be provide at least fifteen days prior to the hearing.
D. The city manager or designee shall use reasonable methods to give notice of application to the public agencies with jurisdiction and may use any existing notice procedures. The city manager or designee may use different types of notice for different categories of project permits or types of project actions. If not otherwise specified, the city manager or designee shall use the methods provided in subdivisions (1) and (2) of this subsection:
1. Posting the property (for site specific proposals);
2. Published notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application and related materials may be reviewed, in the newspaper of general circulation in the general area where the proposal is located.
E. Examples of other optional reasonable methods to inform the public are:
1. Notifying public or private groups with known interest in the certain proposal, types of proposals, of proposals in the general vicinity of the one being proposed;
2. Notifying the news media:
3. Mailing to neighboring property owners.
F. A notice of application shall not be required for project permits that are categorically exempt under RCW Chapter 43.21C, unless a public comment period or an open record predecision hearing is required.
G. The city manager or designee shall integrate the permit procedures in this section with environmental review under RCW Chapter 43.21C as follows:
1. Except for a determination of significance, the city manager or designee may not issue a threshold determination, or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application.
2. If an open record predecision hearing is required and a threshold determination requires public notice under RCW Chapter 43.21C, the city manager or designee shall issue the threshold determination at least fifteen days prior to the open record predecision hearing.
3. Comments shall be as specific as possible.
H. The city manager or designee may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal or other agency, provided that the hearing is held within the geographic boundary of the city. Hearings shall be combined if requested by the applicant, as long as the joint hearing can be held within the time periods specified in Section 17.06.040 of this chapter, or if the applicant agrees to the schedule under Section 17.06.040(A)(4) of this chapter, in the event that additional time is needed to combine the hearings.
I. The city manager or designee shall cooperate to the fullest extent possible with other agencies in holding a joint hearing if requested to do so, as long as:
1. The 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 to hold its hearing at the same time as the city’s hearing.
J. An administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable. The appeal period shall be extended for an additional seven days, if state or local rules adopted pursuant to RCW Chapter 43.21C allow public comment on the determination of nonsignificance issued as part of the appealable project permit decision.
K. The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal. (Ord. 1921-0518 (part), 2018; Ord. 1443-496 § 1 (part), 1996)
17.06.080 Permit procedures.
A. All project permits and project permit applications, except zone changes, plats, street vacations and other legislative actions, shall, upon receipt of a complete application, be processed and reviewed in the following manner:
1. For an application requiring legislative action or that is illegal, the application shall be deemed or processed in accord with subsection B of this section.
2. For applications which involve more than one permit, the city will prepare a temporary scheduled for review by all interested agencies, departments and the applicant.
3. Following appropriate notice as per Section 17.06.070 of this chapter, and depending on the scope of the project, the city will schedule necessary public meetings to coordinate the permit process and gather information.
4. Unless otherwise required, no open record hearing will be held unless there is a bona fide objection to some portion of the permit or from some determination made during the course of the permit processing. When required, only one open record hearing will be held. The open record hearing will be before the officer or body having jurisdiction over the matter in dispute or over the matter requiring the open record hearing. If the matter disputed or for which the open record hearing is required falls within the jurisdiction of more than one decision making body or officer, a joint hearing will be held.
5. A decision or joint decision shall be issued and notice given thereof, including notice of the time for appeal and the person or body to whom the appeal must be made within ten days of the hearing. Unless another time is provided, an appeal must be filled within ten days of the decision. The longest appeal period following a joint hearing controls.
6. The body or bodies with appellate jurisdiction shall hold a closed record appeal. An open record appeal may be held for matters in which no open record hearing has previously been held. The decision of the person or bodies hearing the appeal may be joint or separate. Every effort shall be made in the event of separate decisions to ensure that they are issued simultaneously. Any review of the decisions must be made to the superior court within twenty-one days.
7. In the event that no appellate body is designated for the matter, the matter shall be heard by the city council.
B. If the decision on an application must be made by the city council, the application will normally be denied until the legislative approval has been obtained. Except for comprehensive plan amendments which may not be processes other than as part of an annual amendment docket, an applicant may request combined processing in accord with subsection A of this section.
C. The actual costs of any hearing or appeal not otherwise required will be borne by the person requesting the review or objecting to the decision. Security for the costs must be posted prior to setting or notice of hearing or appeal. The failure to post security is a waiver of any objection. (Ord. 1921-0518 (part), 2018; Ord. 1443-496 § 1 (part), 1996)