Chapter 14.08
PERMIT REVIEW PROCEDURE
Sections:
14.08.010 Class 1 permit review – Administrative.
14.08.020 Class 2 permit review – City council.
14.08.030 Class 3 review – Hearing examiner.
14.08.040 Consolidated permit review.
14.08.050 SEPA environmental review.
14.08.010 Class 1 permit review – Administrative.
A. Class 1 Exempt. Applicable to permit applications requiring administrative approval but not requiring a public hearing or an environmental review. Following the application process and issuance of a letter of completeness pursuant to Chapter 14.06 TMC, the review procedure is as follows:
1. Administrative official approves or disapproves the application;
2. Notice of decision issued to applicant pursuant to TMC 14.10.030.
B. Class 1 Nonexempt. Applicable to permit applications requiring administrative approval and an environmental review. Following the application process and issuance of a letter of completeness pursuant to Chapter 14.06 TMC, the review procedure is as follows:
1. Notice of application issued pursuant to TMC 14.10.010;
2. SEPA threshold determination issued pursuant to TMC 14.08.050;
3. Administrative official approves or disapproves the permit applications;
4. Notice of decision issued to applicant pursuant to TMC 14.10.030. (Ord. 2004-17 § 1, 2004).
14.08.020 Class 2 permit review – City council.
A. Applicability. Class 2 permit applications are those requiring a final approval from the city council preceded by a public hearing and may require an environmental review. Following the application process and issuance of a letter of completeness pursuant to Chapter 14.06 TMC, the review procedure is as follows:
1. Notice of application issued pursuant to TMC 14.10.010;
2. When required, a SEPA threshold determination shall be issued pursuant to TMC 14.08.050;
3. Notice of public hearing issued pursuant to TMC 14.10.020;
4. Staff report containing all matters significant to the application and which may contain a staff recommendation be distributed to the planning commission or appropriate hearing body prior to the public hearing;
5. Planning commission shall make a formal recommendation to the city council pursuant to TMC 14.12.050. The recommendation and all information regarding the application shall be forwarded to the city council for review during the council’s next possible public meeting. The city council shall review the application and make a final decision pursuant to TMC 14.12.050. (Ord. 2004-17 § 1, 2004).
14.08.030 Class 3 review – Hearing examiner.
A. Applicability. Class 3 permit applications are those that require approval from the hearing examiner, require a public hearing, and may require an environmental review. Following the application process and issuance of a letter of completeness pursuant to Chapter 14.06 TMC, the review procedure is as follows:
1. Notice of application issued pursuant to TMC 14.10.010;
2. When required, a SEPA threshold determination shall be issued pursuant to TMC 14.08.050;
3. Notice of public hearing issued pursuant to TMC 14.10.020;
4. Staff report containing all matters significant to the application and which may include a staff recommendation be submitted to the hearing examiner prior to the public hearing;
5. Hearing examiner reviews all pertinent information and public testimony concluding with a final decision pursuant to TMC 14.12.050. (Ord. 2004-17 § 1, 2004).
14.08.040 Consolidated permit review.
A. Applicability. The applicant may request a consolidated review and decision process regarding two or more required permits relating to a single proposed project.
B. Procedure. If an applicant requests consolidated review, and the administrative official determines it is possible and expeditious to do so, the determination of completeness, notice of application, and notice of decision may include all permit applications being reviewed. Consolidated review may require permits from more than one class of review in which case the city shall provide for a single public hearing and one closed record appeal, if appeal is requested and is applicable to the class of review. The decision on all permits shall be made by the decisionmaker of the highest class of review required of the project proposal. (Ord. 2004-17 § 1, 2004).
14.08.050 SEPA environmental review.
A. Development applications subject to SEPA review shall be reviewed in accordance with TMC Title 18 and Chapter 43.21C RCW.
B. SEPA review shall be conducted concurrently with development permit review with the exception of projects categorically exempt from environmental review pursuant to Chapter 43.21C RCW and TMC Title 18.
C. Except for a determination of significance (DS), the city may not issue a threshold determination or issue a decision on a permit application prior to the expiration of the notice of application comment period. The city may, however, include a statement that it intends to issue a determination of nonsignificance (DNS) at the end of the comment period if electing to use the SEPA optional DNS process pursuant to WAC 197-11-355. (Ord. 2004-17 § 1, 2004).
14.08.060 Final decisions.
A. Time Limits. Final decisions regarding development applications shall be made within 120 days from the date of the letter of completeness. Exceptions are as follows:
1. Any time required obtaining additional information from the applicant, correcting of plans, or performing studies shall not be included for time limit purposes;
2. Amendments to the comprehensive plan or development codes;
3. Time required for the preparation and review of environmental impact statements;
4. Projects involving the siting of an essential public facility;
5. Time required obtaining a variance related to a project;
6. Substantial project revisions made or requested by an applicant in which case the 120 days will be calculated from the time the city determines the revised application is complete;
7. Time required for any appeals;
8. Any time extensions mutually agreed upon by the applicant and the city;
9. Any remand to a hearing body. (Ord. 2004-17 § 1, 2004).