Chapter 19.09
REVIEW AND APPROVAL PROCESS

Sections:

19.09.010    Administrative approvals without notice.

19.09.020    Planning commission review and recommendation.

19.09.030    Town council actions.

19.09.040    Procedures for public hearings.

19.09.050    Procedures for closed record appeals.

19.09.060    Final decision.

19.09.070    Joint public hearings.

19.09.010 Administrative approvals without notice.

The administrator may approve, approve with conditions, or deny Type 1 permits as described in SMC 19.03.050. (Ord. 361 § 1, 2005)

19.09.020 Planning commission review and recommendation.

Planning commission decision and action authority is defined in Chapter 19.03 SMC.

(1) Staff Report. The administrator shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of the town, and evaluating the development’s consistency with the comprehensive plan, development regulations, and other adopted plans and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development application.

(2) Hearing. The planning commission shall conduct a public hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the town’s comprehensive plan, development regulations, and other adopted plans and regulations. Notice of the planning commission hearing shall be in accordance with SMC 19.07.020.

(3) Required Findings. The planning commission shall approve or recommend approval of a proposed development after it first makes findings and conclusions consistent with the criteria set forth in the zoning ordinance, SMC Title 18; subdivision ordinance, SMC Title 17; shoreline master program ordinance, Chapter 16.20 SMC; or other development regulations for the specific permit involved.

(4) Recommendation. Upon completion of its review of a development proposal, the planning commission shall prepare and adopt a resolution setting forth the commission’s findings, conclusions and recommendations and promptly forward it to the town council for consideration. The recommendation may be for approval, approval with conditions, or denial based on the findings and conclusions of subsection (3) of this section. (Ord. 361 § 1, 2005)

19.09.030 Town council actions.

(1) Actions. Upon receiving a recommendation from the planning commission or notice of any other matter requiring the town council’s attention, the council shall make a decision on a planning commission recommendation. (Ord. 361 § 1, 2005)

19.09.040 Procedures for public hearings.

Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The chair shall open the public hearing and, in general, observe the following sequence of events:

(1) Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.

(2) Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.

(3) Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the chair at its discretion.

(4) Rebuttal, response or clarifying statements by the staff and the applicant.

(5) The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it. (Ord. 361 § 1, 2005)

19.09.050 Procedures for closed record appeals.

Closed record appeals shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to provide argument and guidance for the body’s decision. Closed record appeals shall be conducted generally as provided for public hearings. No new evidence or testimony shall be given or received. The parties to the appeal may submit written statements or arguments. (Ord. 361 § 1, 2005)

19.09.060 Final decision.

(1) Time. The final decision on a development proposal shall be made within 120 days from the date of the letter of completeness. Exceptions to this include:

(a) Amendments to the comprehensive plan or development regulations.

(b) Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the administrator shall determine whether the information is adequate to resume the project review.

(c) Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the town determines the revised application to be complete.

(d) All time required for the preparation and review of an environmental impact statement.

(e) An extension of time mutually agreed upon by the town and the applicant.

(2) Effective Date. The final decision of the council or hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal periods shall be calculated shall be the date the council or hearing body takes action on the motion, resolution, or ordinance. (Ord. 361 § 1, 2005)

19.09.070 Joint public hearings.

(1) Administrator’s Decision to Hold a Joint Hearing. The administrator may combine any public hearing on a development proposal with any hearing that may be held by another local, state, regional, federal, or other agency as long as:

(a) The hearing is held within the town limits; and

(b) The requirements of subsection (3) of this section are met.

(2) Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a development proposal be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.

(3) Prerequisites to Joint Public Hearings. A joint public hearing may be held with another local, state, regional, federal, or other agency and the town as long as:

(a) The other agency is not expressly prohibited by statute from doing so;

(b) Sufficient notice of the hearing is given to each of the agencies’ adopted notice requirements as set forth in statute, ordinance, or rule; and

(c) The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the local government hearing. (Ord. 361 § 1, 2005)