Chapter 18.09
REVIEW AND APPROVAL PROCESS
Sections:
18.09.010 Administrative approvals without notice.
18.09.020 Planning agency reviews and decisions.
18.09.030 City council actions.
18.09.040 Hearing examiner review and action.
18.09.050 Procedures for public hearings.
18.09.060 Procedures for closed-record appeals.
18.09.010 Administrative approvals without notice.
The city zoning administrator may approve, approve with conditions, or deny the following without notice and his or her decisions under this section shall be final on the date issued:
A. Lot line adjustments.
B. Extension of time for approval.
C. Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not:
1. Affect overall project character;
2. Increase the number of lots, dwelling units, or density; or
3. Decrease the quality or amount of open space.
D. Home occupation applications.
E. Parcel combination. (Ord. 1079 § 1, 2008).
18.09.020 Planning agency reviews and decisions.
A. Staff Report. The city zoning administrator shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the development’s consistency with the city’s development code, adopted plans and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the development application.
B. Hearing. The planning agency 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 city’s development code, adopted plans and regulations. Notice of the planning agency hearing shall be in accordance with SLMC 18.07.020.
C. Required Findings. The planning agency shall not approve a proposed development unless it first makes the following findings and conclusions:
1. The development is consistent with the comprehensive plan and meets the requirements and intent of this code.
2. The development makes adequate provisions for open space, drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites for schools and school grounds.
3. The development adequately mitigates impacts identified under SLMC Titles 14 through 18.
4. The development is beneficial to the public health, safety, and welfare and is in the public interest.
5. The development does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the comprehensive plan. If the development results in a level of services lower than those set forth in the comprehensive plan, the development may be approved if improvements or strategies to raise the level of service above the minimum standard(s) are made concurrent with the development. For the purpose of this section, “concurrent with the development” is defined as the required improvements or strategies in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development.
6. The area, location, and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development.
D. Decision. Upon approving or disapproving a development proposal or action, the planning agency shall make its decision by motion, resolution, or recommended draft ordinance as appropriate and cause a copy of the decision to be delivered to the parties of record. (Ord. 1079 § 1, 2008).
18.09.030 City council actions.
A. Actions. Upon receiving a recommendation from the planning agency or appeal from a hearing examiner or planning agency decision, or notice of any other matter requiring the council’s attention, the council shall perform the following actions as appropriate:
1. Make a decision on a planning agency recommendation.
2. At the council’s discretion, hold a public hearing and make a decision on the following matters:
a. Appeal of administrative interpretations.
b. Appeal of administrative approvals.
c. Other matters not prohibited by law.
3. Hold a closed-record hearing and make a decision on appeal of a planning agency decision.
4. Hold an open-record hearing on an environmental decision on the same project as is the subject of the closed-record hearing.
B. Decisions. The city council shall make its decision by motion, resolution, or ordinance as appropriate.
1. A council decision on a planning agency recommendation or hearing examiner decision or following a public hearing shall include one of the following actions:
a. Approve on its consent agenda of an open-record hearing action when no appeal is filed.
b. Approve as recommended.
c. Approve with additional conditions.
d. Modify, with or without the applicant’s concurrence; provided, that the modifications do not:
i. Enlarge the area or scope of the project.
ii. Increase the density or proposed building size.
iii. Significantly increase adverse environmental impacts as determined by the responsible official.
e. Deny (reapplication or resubmittal is permitted).
f. Deny with prejudice (reapplication or resubmittal is not allowed for one year).
g. Remand for further proceedings and/or evidentiary hearing in accordance with SLMC 18.09.080. (Ord. 1079 § 1, 2008).
18.09.040 Hearing examiner review and action.
All hearing examiner review, decisions and action shall be conducted pursuant to the procedures set forth in Chapter 2.72 SLMC. (Ord. 1079 § 1, 2008).
18.09.050 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:
A. Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
B. Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.
C. Testimony or comments by the public germane to the matter. Questions directed to the staff or applicant shall be posed by the chair at its discretion.
D. Rebuttal, response or clarifying statements by the staff and the applicant.
E. The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it. (Ord. 1079 § 1, 2008).
18.09.060 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. Except as provided in SLMC 18.09.080, no new evidence or testimony shall be given or received. The parties to the appeal may submit timely written statements or arguments. (Ord. 1079 § 1, 2008).
18.09.070 Reconsideration.
A party to a public hearing or closed-record appeal may seek reconsideration only of a final decision by filing a written request for reconsideration with the hearing body within five days of the oral announcement of the final decision. The request shall comply with SLMC 18.11.030(B). The hearing body shall consider the request at its next regularly scheduled meeting, without public comment or argument by the party filing the request. If the request is denied, the previous action shall become final. If the request is granted, the hearing body may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed-record appeals. Reconsideration should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 1079 § 1, 2008).
18.09.080 Remand.
In the event the city council or hearing examiner determines that the public hearing record or record on appeal is insufficient or otherwise flawed, the council or hearing examiner may remand the matter back to the hearing body to correct the deficiencies. The council or hearing examiner shall specify the terms or issues to be considered and the time frame for completing the additional work. The council may hold a public hearing on a closed-record appeal only for the limited purposes identified in RCW 34.05.562(1) as now enacted or hereafter amended. (Ord. 1079 § 1, 2008).
18.09.090 Final decision.
A. Time. The final decision on a development proposal shall be made within 120 days from file date of the notice of completeness. Exceptions to this time limit include:
1. Amendments to the comprehensive plan or development code.
2. Any time required to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the requirement or 14 days after the date the additional information has been provided to the city. If the city zoning administrator determines that the additional information submitted by the applicant is insufficient to resume project review, he or she shall notify the applicant of the deficiencies and the procedures under this section shall apply as if a new request for studies had been made.
3. Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the city determines the revised application to be complete.
4. All time required for the preparation and review of an environmental impact statement.
5. Projects involving the siting of an essential public facility as provided in RCW 36.70A.200.
6. An extension of time mutually agreed upon by the city and the applicant.
7. All time required to obtain a variance.
8. Any remand to the hearing body.
9. All time required for the administrative appeal of a determination of significance.
10. Any period for administrative appeals of development applications, if an open-record appeal hearing or a closed-record appeal, or both, are allowed. The time period for considering and deciding shall not exceed: (a) 90 days for an open-record appeal hearing; and (b) 60 days for a closed-record appeal. The parties to an appeal may agree to extend these time periods.
11. Projects involving the approval of a new fully contained community as provided in RCW 36.70A.350, or a master planned resort as provided in RCW 36.70A.360.
12. Any time required to ensure applicant compliance with the posting requirements pursuant to SLMC 18.07.010.
B. 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.
C. Failure to Meet Time Limits. If the city is unable to issue its final decision within the time limits provided for in this section, the city zoning administrator shall provide written notice of this fact to the project applicant. The notice shall include a statement of the reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (Ord. 1079 § 1, 2008).
18.09.100 Agent.
The city zoning administrator may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter. (Ord. 1079 § 1, 2008).