Chapter 17.80
PERMIT PROCESSING PROCEDURES
Sections:
17.80.010 Purpose and applicability.
17.80.020 Types of development applications.
17.80.030 Assignment of development application classification.
17.80.050 Development application requirements.
17.80.060 Final decision authority.
17.80.070 Required application procedures.
17.80.080 Preapplication conference.
17.80.090 Counter-complete determination.
17.80.100 Fully complete determination.
17.80.110 Notice of application.
17.80.120 Notice of public hearing.
17.80.150 Type IV applications – Text amendments to SVMC Titles 17 through 24.
17.80.160 Optional consolidated review process.
17.80.170 Vesting of applications.
17.80.010 Purpose and applicability.
A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision-making procedures for reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to:
1. Ensure prompt review of development applications;
2. Provide for necessary public review and comment on development applications;
3. Minimize adverse impacts on surrounding land uses;
4. Encourage flexibility and innovation in the design and layout of development proposals; and
5. Ensure consistency with the Comprehensive Plan and development regulations.
B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.020 Types of development applications.
Land use and development applications are classified as follows:
A. Type I procedures apply to permits and decisions issued administratively;
B. Type II procedures apply to administrative actions that contain some discretionary criteria;
C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria;
D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy;
E. Exempt applications defined in SVMC 17.80.040. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below:
|
Type |
Land Use and Development Application |
SVMC Cross-Reference |
|---|---|---|
|
Type I |
Accessory dwelling units |
19.40 |
|
Administrative determinations by city manager or designee or building official |
Multiple |
|
|
Administrative exception |
19.140 |
|
|
Administrative interpretation |
||
|
Boundary line adjustments and eliminations |
20.80 |
|
|
Building permits not subject to SEPA |
||
|
Floodplain development |
21.30 |
|
|
Grading permits |
24.50 |
|
|
Home business permit |
||
|
Shoreline letter of exemption |
21.50 |
|
|
Record of survey to establish lots within a binding site plan |
||
|
Right-of-way permits |
||
|
Site plan review |
19.130 |
|
|
Small cell permit |
22.121; 22.122 |
|
|
Temporary use permit |
19.160 |
|
|
Time extensions for preliminary subdivision, short subdivision, or binding site plan |
||
|
Type II |
Alterations – preliminary and final short subdivisions and preliminary and final binding site plans (where there is no alteration of a public dedication) |
20.60 |
|
Binding site plan – preliminary and final |
20.50 |
|
|
Emergency shelter and emergency housing |
19.45 |
|
|
Minor alterations – preliminary subdivisions |
20.50 |
|
|
Permanent supportive housing |
19.45 |
|
|
SEPA threshold determination |
||
|
Shoreline conditional use permit |
21.50 |
|
|
Shoreline nonconforming use or structure review |
21.50 |
|
|
Shoreline substantial development permit |
21.50 |
|
|
Shoreline variance |
21.50 |
|
|
Short subdivision – preliminary and final |
20.30, 20.40 |
|
|
Transitional housing |
19.45 |
|
|
Transitional parking programs |
19.45 |
|
|
Vacation – short subdivisions and binding site plans where there is no vacation of an area designated or dedicated for public use |
20.70 |
|
|
Wireless communication facilities |
22.120 |
|
|
Type III |
Alterations – final subdivisions (where a public hearing is requested) |
20.50 |
|
Alterations – preliminary and final short subdivisions and preliminary and final binding site plans (where there is alteration of a public dedication) |
20.60 |
|
|
Conditional use permits |
19.150 |
|
|
Subdivisions – preliminary |
20.30 |
|
|
Substantial alterations – preliminary subdivisions |
20.50 |
|
|
Vacation – subdivision; short subdivisions and binding site plans where there is vacation of an area designated or dedicated for public use |
20.70 |
|
|
Variance |
19.170 |
|
|
Zoning map amendments (site-specific rezones) |
||
|
Type IV |
Annual Comprehensive Plan amendments (text and/or map) |
|
|
Area-wide zoning map amendments |
||
|
Development Code text amendments |
B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities.
E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. (Ord. 22-012 § 2, 2022; Ord. 22-011 § 7 (Att. E), 2022; Ord. 21-019 § 6, 2021; Ord. 20-024, § 4, 2020; Ord. 18-007 § 4 (Exh. A), 2018; Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
17.80.040 Exempt activities.
A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt from the procedural requirements of Chapter 17.80 SVMC:
1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities.
2. A change of any legally established use is exempt, unless the change of use requires:
a. An increase in the number of parking spaces provided;
b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits;
c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or
d. Review by SEPA.
3. Final subdivisions, short subdivisions, and binding site plans.
4. Building permits that are not subject to SEPA.
5. On-site utility permits not obtained in conjunction with a specific development application including, but not limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits.
6. Sign permits.
7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130 SVMC, Site Plan Review.
B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable standards and requirements of the SVMC. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.050 Development application requirements.
A. Application Forms. All applications shall be made on forms provided by the department. The city manager or designee shall have authority to modify application forms.
B. Submittal Information. All applications shall include the information required in applicable provisions of the SVMC as identified in Table 17.80-2 and other additional information required by the department.
C. Land use and development applications shall be signed by the owner(s) of the property.
D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties. (Ord. 22-012 § 2, 2022; Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
17.80.060 Final decision authority.
The final decision for application type shall be made by:
A. Type I – the department.
B. Type II – the department.
C. Type III – the hearing examiner.
D. Type IV – the city council preceded by a recommendation by the planning commission. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.070 Required application procedures.
The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150.
|
Application Type |
Pre-application conference 17.80.080 |
Counter-complete determination 17.80.090 |
Fully complete determination 17.80.100 |
Notice of application 17.80.110 |
Notice of public hearing 17.80.120 |
Final decision and notice 17.80.130 |
|---|---|---|---|---|---|---|
|
I |
O |
X |
X |
N/A |
N/A |
X |
|
*II |
**O |
X |
X |
X |
N/A |
X |
|
III |
X |
X |
X |
X |
X |
X |
|
X Required O Optional N/A Not Applicable |
||||||
|
*Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements. **Except for short subdivisions and binding site plans which require a pre-application meeting. |
||||||
(Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.080 Preapplication conference.
A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the applicant with the applicable requirements of the SVMC and other laws, and to identify issues and concerns in advance of a formal application.
B. Preapplication. Type II and III applicants shall schedule a preapplication conference and provide information requested in advance of the meeting.
C. Preapplication Waivers. The city manager or designee may waive the preapplication conference if determined that the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. (Ord. 22-012 § 2, 2022; Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
17.80.090 Counter-complete determination.
A. Determination and Application Content. Prior to accepting an application, the department shall determine whether the application is counter-complete. A counter-complete application shall contain all information requested in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application.
B. Incomplete Application. If the department determines that the application is not counter-complete, the application shall be rejected and the applicant advised of the information needed to complete the application.
C. Counter-Complete Application. Counter-complete applications shall be accepted for review for fully complete determination. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.100 Fully complete determination.
A. Determination. Once a counter-complete application has been accepted, the department shall, within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is fully complete, or if incomplete, a list of what is required to make the application complete. Upon receipt of the requested material, the department shall conduct another review and respond as set forth above. The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City shall be provided to the applicant.
B. The City shall notify the applicant whether an application is fully complete or what additional information is necessary within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application.
C. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days, the department shall:
1. Reject and return the application;
2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully complete review process without additional fees; provided, that the required information is provided by a date specified by the department; or
3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80 percent of the fees submitted.
D. Fully Complete Application. Once the department determines that an application is fully complete, the department shall, within 14 calendar days, issue a notice of application pursuant to SVMC 17.80.110.
E. Request for Additional Information. A fully complete determination shall not preclude the City from requesting additional information, studies, or changes to submitted information or plans if new information is required, or substantial changes to the proposal occur.
F. Revocation. An application’s fully complete status may be revoked if the department determines that the applicant intentionally submitted false information. In the event an applicant’s fully complete status is revoked, the applicant shall lose any rights granted pursuant to SVMC 17.80.170. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.110 Notice of application.
A. Contents. The department shall issue a notice of application within 14 calendar days after an application is determined fully complete.
1. All notices of applications shall include the following:
a. The case file number(s), the date of application, and the date a fully complete application was filed;
b. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the City;
c. The proposed SEPA threshold determination, if applicable;
d. The identification of any existing environmental documents that may be used to evaluate the proposed project;
e. Statement of the public comment period. A statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights;
f. The name of the applicant or applicant’s authorized representative and the name, address, and telephone number of a contact person for the applicant, if any;
g. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning;
h. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
i. The date, place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application; and
j. Any additional information determined appropriate by the department.
2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type II notice of application shall state:
a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application;
b. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the department;
c. That, after the comment period closes, the department shall issue a Type II notice of decision.
3. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type III application shall state:
a. That a staff report shall be available for inspection at least seven calendar days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing.
B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail:
1. The applicant;
2. All adjacent property owners of record as shown on the most recent property tax assessment roll;
3. Any governmental agency entitled to notice; and
4. Any person filing a written request for a copy of the notice of application.
C. Type I Exception. A notice of application is not required for Type I applications.
D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the department shall mail to the applicant a copy of written public comments, including email communications timely received in response to the notice of application, together with a statement that the applicant may either submit a written response to these comments within 14 calendar days from the date the comments are mailed or waive the response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be provided to the department in writing. The department, in making its decision on the application, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including email communications, submitted by the applicant. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.120 Notice of public hearing.
A public hearing is required for Type III applications. Unless otherwise indicated, public hearings under Title 17 SVMC shall be conducted by the hearing examiner pursuant to Appendix B.
A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information:
1. The application and/or project number;
2. Project summary/description of each project permit application;
3. The designation of the hearing body;
4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body;
5. General project location, vicinity, address, and parcel number(s), if applicable;
6. The name of the applicant or applicant’s authorized representative and the name, address, and telephone number of a contact person for the applicant, if any;
7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period;
8. A statement regarding the appeal process; and
9. The date when the staff report will be available and the place and times where it can be reviewed.
B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at least 15 calendar days prior to the hearing date and shall be distributed as follows:
1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within a 400-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor’s/treasurer’s database as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following:
a. Agencies with jurisdiction (SEPA);
b. Municipal corporations or organizations with which the City has executed an interlocal agreement; and
c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include, but are not limited to, circumstances such as large neighboring properties which limit the number of properties receiving notice within the 400-foot radius, known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public notice.
2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows:
a. A minimum of two-inch border on the top, sides, and bottom of the sign;
b. The first line in four-inch letters shall read “Notice of Public Hearing”;
c. Spacing between all lines shall be a minimum of one inch; and
d. The text of the sign shall include the following information in a minimum of one-inch letters:
i. Proposal;
ii. Applicant;
iii. File number;
iv. Hearing (date and time);
v. Location; and
vi. Review authority.
3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade journal.
C. Hearing Procedures. All required hearings shall be conducted by the hearing examiner pursuant to Appendix B.
D. Scheduling of Hearings.
1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to RCW 36.70B.110.
2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day’s agenda.
3. The hearing examiner may consolidate applications involving the same or related properties for hearing.
E. Staff Reports.
1. The department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the hearing examiner on all applications subject to a public hearing.
2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of the hearing examiner and mailed by first class mail or provided to the applicant. At such time, the department shall also make the report available for public inspection. Upon request, the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing.
3. If the staff report is not timely filed or furnished, the hearing examiner may at his/her discretion continue the hearing, considering the prejudice to any party and the circumstances of the case.
4. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner.
F. Site Inspections.
1. The hearing examiner may make site inspections, which may occur at any time before the hearing examiner renders a final decision. The hearing examiner need not give notice of the intention to make an inspection, unless the site inspection will require the hearing examiner to enter the property, in which case the hearing examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process and the hearing examiner will not engage in substantive discussions with the owner/applicant.
2. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the hearing examiner may, upon notice to all parties of record, request a written response to such information or reopen the hearing and/or record to consider the information. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.130 Final decision.
A. Timeline to Make Final Decision – Type I. The department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department’s decision shall address all of the relevant approval criteria applicable to the development application.
B. Timeline to Make Final Decision – Type II and III. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 calendar days for subdivisions) after the date a fully complete determination is made. This period shall not include:
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City;
2. Time spent preparing an environmental impact statement;
3. Time between submittal and resolution of an appeal; or
4. Any extension of time mutually agreed upon by the applicant and the City in writing.
C. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G).
D. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information:
1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;
3. The date the decision shall become final, unless appealed;
4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the decision;
5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;
6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file;
7. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;
8. A statement of the basis of decision pursuant to the SVMC and other applicable law;
9. The reasons for a conclusion to approve, approve with conditions, or deny the application;
10. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and
11. The date the final decision is mailed.
E. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following:
1. The applicant;
2. Any governmental agency entitled to notice;
3. Any person filing a written request for a copy of the notice of application or the final decision; and
4. Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.140 Type IV applications – Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area-wide rezones.
A. Initiation. Comprehensive Plan amendments and area-wide rezones may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. Applicant Initiated. Comprehensive Plan amendments and area-wide rezones shall be subject to a preapplication conference, counter-complete, and fully complete determinations pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. The date upon fully complete determination shall be the date of registration with the department.
2. Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed on the register.
D. Register of Comprehensive Plan Amendments and Area-Wide Rezones. The department shall establish and maintain a register of all applications.
E. Concurrent and Annual Review of Register.
1. Sixty calendar days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows:
a. Notice published in an appropriate regional or neighborhood newspaper or trade journal;
b. Notice posted on all of the City’s official public notice boards; and
c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest.
2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review.
3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a).
F. Notice of Public Hearing. Comprehensive Plan amendments and area-wide rezones require a public hearing before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision;
b. A statement of how the proposal would change the affected provision;
c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal;
d. The date, time, and place of the public hearing;
e. A statement of the availability of the official file; and
f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B).
G. Planning Commission Recommendation – Procedure. Following the public hearing, the planning commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the city council. The planning commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or (2), the proposal will be sent to the city council with the notation that the planning commission makes no recommendation.
H. Approval Criteria.
1. The City may only approve Comprehensive Plan amendments and area-wide zoning map amendments if it finds that:
a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment;
b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted plan not affected by the amendment;
c. The proposed amendment responds to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies;
d. The proposed amendment corrects an obvious mapping error; or
e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan.
2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments:
a. The effect upon the physical environment;
b. The effect on open space, streams, rivers, and lakes;
c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools;
e. The benefit to the neighborhood, city, and region;
f. The quantity and location of land planned for the proposed land use type and density and the demand for such land;
g. The current and projected population density in the area; and
h. The effect upon other aspects of the Comprehensive Plan.
I. City Council Action. Within 60 calendar days of receipt of the planning commission’s findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council’s public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If the modification is substantial, the city council shall either conduct a public hearing on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.140(I)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate.
J. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.150 Type IV applications – Text amendments to SVMC Titles 17 through 24.
A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. After submittal of an applicant-initiated application, the application shall be subject to a preapplication conference, counter-complete determination, and fully complete determination pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100.
2. After submittal, the application shall be placed on the next available planning commission agenda.
D. Notice of Public Hearing. Amendments require a public hearing before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision;
b. A statement of how the proposal would change the affected provision;
c. The date, time, and place of the public hearing;
d. A statement of the availability of the official file; and
e. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and the main branch of the library.
E. Planning Commission Recommendation – Procedure. Following the public hearing, the planning commission shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or (2), the proposal shall be sent to the city council with the notation that the planning commission makes no recommendation.
F. Approval Criteria. The City may approve amendments to the SVMC if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment.
G. City Council Action. Within 60 calendar days of receipt of the planning commission’s findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council’s public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If modification is substantial, the city council must either conduct a public hearing on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.150(G)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate.
H. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.160 Optional consolidated review process.
A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process, but public meetings and hearings for other agencies may be coordinated with those of the city. Where multiple approvals are required for a single project, the optional consolidated review process is composed of the following:
1. Preapplication Meeting. A single preapplication meeting will be conducted for all applications submitted under the optional consolidated review process.
2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated determination of completeness will be made pursuant to SVMC 17.80.100.
3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.80.110.
4. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application.
5. The City shall issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as the companion Type III application.
6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice shall include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application.
7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type III project permit applications subject to a public hearing. (Ord. 22-012 § 2, 2022; Ord. 16-018 § 6 (Att. B), 2016).
17.80.170 Vesting of applications.
A. Purpose. The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the needs of the City and consistent with state law.
B. Vested Rights. Except for rezones, an application for a land use or development application type set forth in Table 17.80-1 shall be considered under the development regulations in effect on the date a fully complete application is filed, pursuant to SVMC 17.80.100.
C. Vested Rights for Subsequent Building Permits or Land Disturbing Activity Permits. Building permit or land disturbing activity permit applications that are filed subsequent to and related to a prior development permit or application of the types listed in SVMC 17.80.170(C)(1) through (14) shall be considered under the development regulations in effect at the time a complete application listed in SVMC 17.80.170(C)(1) through (14) is filed pursuant to SVMC 17.80.100.
1. Accessory dwelling unit;
2. Boundary line adjustment or elimination;
3. Floodplain development;
4. Site plan;
5. Binding site plan;
6. Shoreline substantial development permit;
7. Shoreline conditional use permit;
8. Shoreline nonconforming use or structure review;
9. Shoreline variance;
10. Shoreline letter of exemption;
11. Short subdivision;
12. Conditional use permit; and
13. Subdivision.
However, an applicant filing a complete application for any subsequent building permit or land-disturbing activity permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the permit(s) or approval(s) applied for in the application types listed in SVMC 17.80.170(C)(1) through (14).
D. Development Regulations. For the purpose of SVMC 17.80.170, “development regulation” means those provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use. For purposes of SVMC 17.80.170, “development regulation” does not include fees or procedural regulations.
E. Applicability of Current Building Code. A complete building permit application shall always be subject to that version of SVMC Title 24 in effect at the time the building permit application is submitted.
F. Rezones Not Acquiring Vested Rights. Notwithstanding any other provision in SVMC 17.80.170, any application dependent on approval of a rezone application shall not acquire vested rights to any particular development regulations until the underlying rezone is approved. At that time, the application dependent on approval of a rezone shall be considered under the development regulations in effect at the time the underlying rezone is approved.
G. Waiver of Vested Rights. At any time during the processing of an application, an applicant may voluntarily opt to have all applications for a project be governed by development regulations in effect on a date later than the date provided pursuant to SVMC 17.80.170(B) through (F). The applicant may exercise that option by delivering a written and signed waiver to the department stating that the property owner agrees:
1. To waive all rights provided pursuant to SVMC 17.80.170(B) through (F) and any related vested rights claim they may have with the application;
2. To have all applications for the project be governed by all development regulations in effect on the date of delivery of the waiver, subject to the limitations set forth in SVMC 17.80.170(B) through (F);
3. That any change or modification to the project required or desired pursuant to new development regulations may result in a new determination of whether the application is still fully complete based upon the changes. In the event the application or project is changed such that it is no longer fully complete, the applicant shall provide such information as is required to render the modified application fully complete and the applicant shall agree to reset the time period for permit review and processing to the date the modified application is determined to be fully complete; and
4. That any change or modification to the project may require additional review and processing, revised public notice, and additional public hearings as required pursuant to Chapter 17.80 SVMC.
In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1) through (4), the application shall be considered under the development regulations in effect on the date of delivery of the waiver or, if necessary, the new date a modified application is determined fully complete, and any other subsequent building permit or land disturbing activity permit applications subject to SVMC 17.80.170(C) shall be considered under the development regulations in effect on the date of delivery of the waiver, or if necessary, the new date a modified application is determined fully complete. (Ord. 21-019 § 7, 2021; Ord. 16-018 § 6 (Att. B), 2016).