Chapter 14.14
LAND USE PERMIT PREAPPLICATION AND APPLICATION PROCESS

Sections:

14.14.010    Feasibility review.

14.14.020    Preapplication conference.

14.14.030    Land use permit applications.

14.14.040    Determination of completeness.

14.14.010 Feasibility review.

A.    At the option of the applicant, the development review committee will provide limited information through a feasibility review as a precursor to a preapplication conference as described in TMC 14.14.020.

B.    For a feasibility review, the applicant need not have available all the information required on the feasibility review application.

C.    The information provided by the development review committee will be verbal only and limited by the detail of the information provided by the applicant.

D.    Feasibility review applications shall be scheduled for specific time periods on the agenda prepared for development review committee meetings each week.

E.    Feasibility reviews shall be public meetings, unless requested otherwise in writing by the development proponent with submittal of the feasibility review application.

(Ord. O2024-005, Added, 12/03/2024)

14.14.020 Preapplication conference.

A.    A land use permit application shall not be accepted for processing until the applicant has scheduled and attended a preapplication conference with the development review committee, except in the case of minor development proposals such as fences, small detached buildings, and individual single-family residences, duplexes, triplexes, and quadplexes.

B.    The purpose of the preapplication conference is to enable the applicant to present the project proposal to the development review committee and to understand the intent, standards, and provisions of the applicable development regulations that will be required of land use permit applications.

C.    The objective of the preapplication conference is to analyze and identify potential issues and develop the proposal toward submittal of land use permit applications to eliminate as many potential problems as possible in order for land use permit applications to be processed without delay or undue expense.

D.    At the preapplication conference, the applicant shall present to the development review committee preliminary studies or conceptual sketches which contain in a rough and approximate manner based on the information required in the preapplication conference application.

E.    At the preapplication conference, the development review committee shall make available all pertinent information related to the project area.

F.    The preapplication conference should take place prior to detailed work by the applicant’s engineer or surveyor. Discussion topics at conferences would include such things as:

1.    The comprehensive plan and subarea plans;

2.    The shoreline master program;

3.    The regulatory requirements of the following titles:

a.    This title, Development Code Administration;

b.    TMC Title 15, Buildings and Construction;

c.    TMC Title 16, Environment;

d.    TMC Title 17, Land Division, if applicable; and

e.    TMC Title 18, Zoning;

4.    Transportation requirements:

a.    The transportation plan and transportation concurrency;

b.    Sidewalk requirements;

c.    Bike paths; and

d.    Bus stops;

5.    Utilities:

a.    Availability of sewer and water; and

b.    Need for utility extension or oversizing;

6.    Phasing of off-site requirements such as sidewalks, streetlights, traffic signals, utilities, or improvement of adjacent streets;

7.    Latecomer charges;

8.    Storm drainage and erosion control;

9.    Citywide design guidelines;

10.    Other city requirements and permits;

11.    Features of the development, and the rationale behind them;

12.    If the applicant owns adjacent land, the possibilities of future development shall be discussed; and

13.    Application review process and timelines.

G.    The development review committee will provide the applicant with written comments on how the proposed project conforms to city policies and regulations, which will include a list of all the materials needed to make land use permit applications procedurally complete and the requirements for land use permit approval.

H.    The development review committee will evaluate whether a proposed project has potential to significantly affect the character or environment of an area; and in such cases, will encourage the development proponent to participate in additional notification efforts including, but not limited to, a public information meeting with members of the public potentially affected by the proposal.

I.    Applications for preapplication conferences shall be scheduled for specific time periods on the development review committee agenda each week.

J.    Preapplication conferences shall be public meetings and meeting notices shall be posted on the city’s website and sent to parties on the city’s public notice list.

K.    The director may waive the requirement for a preapplication conference in individual cases if the department and the applicant agree in writing that a proposal is ready for land use permit application submittal.

(Ord. O2024-005, Added, 12/03/2024)

14.14.030 Land use permit applications.

A.    Land use permit applications shall be submitted using the forms provided by the department.

B.    A land use permit application that is procedurally complete shall consist of all materials required by the city’s development guide and other applicable development regulations listed in the land use permit application checklist, which are prepared pursuant to subsection C of this section, as supplemented in writing by the development review committee pursuant to the preapplication conference process in TMC 14.14.020.

C.    The director shall approve the content of the land use permit application checklists and may waive in writing submittal items required by subsection D of this section depending on the land use permit application type.

D.    Each land use permit application at a minimum shall include the following information:

1.    A complete land use permit application form containing:

a.    The title and location of the proposed project;

b.    The names, addresses, telephone numbers, and email addresses of the record owner or owners of the land and of the applicant, and, if applicable, the names, addresses, telephone numbers, and email addresses of any architect, planner, designer, engineer, or other consultants responsible for the preparation of the land use permit application, and of any authorized representative of the applicant; and

c.    The designation of a single person or entity by the applicant to receive land use permit application determinations and notices required by this title;

2.    A verified statement by the applicant that the property affected by the land use permit application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all the owners of the affected property;

3.    A legal description of the site;

4.    A title report or plat certificate issued by a title company which shows property ownership, and any easements or other encumbrances shall be submitted with the land use permit application package. Such title report or plat certificate shall be dated no more than thirty days prior to submittal;

5.    The applicable land use permit application fee;

6.    Evidence of adequate water supply as required by RCW 19.27.097;

7.    Evidence of sewer availability, or approval and authorization to construct a community or individual sewer or septic system;

8.    Complete plans, studies, and/or reports identified in the land use permit application checklist and a preapplication conference;

9.    A complete description of each proposed use of the land and buildings, including the size of each use, and if a residential use, the number, size, and number of bedrooms of each dwelling unit;

10.    The written recommendations of the Thurston County health department, the building division, transportation and engineering department, water resources and sustainability department, parks and recreation department, and fire department as to any portion of the land use permit application covering areas within their respective jurisdictions;

11.    All materials required by TMC Title 16, Environment, shall be included in the land use permit application, including a SEPA environmental checklist if required; and

12.    For land use actions proposing land division pursuant to TMC Title 17, Land Division, all materials required by that title shall be included in the land use permit application.

13.    A site plan drawing or drawings at a scale of not less than one inch for each twenty feet which shall show:

a.    General Information.

i.    Project name;

ii.    Street address of property;

iii.    Title block containing the drawing title, scale, revision number, if applicable, north arrow, and date;

iv.    Vicinity map including streets and surrounding landmarks within five hundred feet of the property or enough information to easily locate the site on a large city map;

v.    Legal description of the property as provided by the Thurston County assessor’s office;

vi.    Parcel numbers as provided by the Thurston County assessor’s office;

vii.    Parcel map as provided by the Thurston County assessor’s office showing all adjacent parcels;

viii.    Existing zoning;

ix.    Lot size;

x.    Square footage of floor area in each structure;

xi.    Parking spaces and parking lot dimensions;

xii.    Type of construction proposed;

xiii.    The proposed number of square feet in paved or covered surfaces, whether covered by buildings, driveways, parking lots, or any other structure covering land; and the total amount of square feet in the entire proposed project site;

xiv.    The proposed number of dwelling units and project density, including the number of dwelling units for each existing or proposed structure on the site and number of units per gross acre, if applicable;

xv.    The proposed number of square feet in gross floor area for each commercial, industrial, and institutional use, if applicable; and

xvi.    If the project will be developed in phases, the number of phases, the size of each phase, and the number of units or buildings for each phase;

b.    Site Information.

i.    Location of property lines, indicating exterior lines with bold solid lines and interior lines with long dashed lines;

ii.    If the property is to be divided pursuant to TMC Title 17, Land Division, the boundaries of each proposed lot and tract within the property;

iii.    Survey maps which delineate topographic contour lines showing both existing and proposed elevations, at two foot intervals, extending a minimum of ten feet beyond the property line. The interval should be such that the existing and proposed slopes of the property can be determined on the drawing. Proposed contours shall show ties to existing contours and show spot elevations as needed;

iv.    All existing and proposed public and private easements;

v.    The number and size of all phases in the proposed project, if applicable;

vi.    Proposed building(s), including dimensions;

vii.    Front, rear, and side building setbacks with clear dimensions;

viii.    Distance to adjacent structures on site, if applicable;

ix.    Locations and dimensions of off-street and on-street parking, including accessible parking, parking designated per unit if applicable, lot striping, wheel stops and curbing, including turning radii in the circulation pattern;

x.    Locations and dimensions of existing and proposed driveways, traffic flow, emergency vehicle access, and parking lot circulation and maneuvering areas;

xi.    Locations and dimensions of existing and proposed rights-of-way, streets, curbs, gutters, and street centerlines, including pavement edges;

xii.    Dimensions and locations of walkways, trails, sidewalks, and curb cuts;

xiii.    Sizes and locations of solid waste containers showing details of any site screening fences or structures and screening of dumpsters;

xiv.    Location of existing and proposed signs including elevation, size, material, color, design, and method of illumination;

xv.    Dimensions, types, and locations of fencing;

xvi.    Locations, dimensions, and types of critical areas and buffers pursuant to TMC Title 16, Environment;

xvii.    Information required by TMC 16.08.050 addressing trees and vegetation;

xviii.    Locations, dimensions, and types of open space;

xix.    Information required by the shoreline master program, if the property the project is located on is within shoreline jurisdiction;

xx.    The existing zone district of the proposed project site and any other zone district within three hundred feet of the site; and

xxi.    All special districts, including, but not limited to, school or water districts, in which the proposed project shall be located and all such districts within three hundred feet of the proposed project;

c.    Building Information.

i.    Architectural elevations of existing and proposed buildings, including height and number of stories, along with any mechanical roof-mounted equipment; and

ii.    Generalized floor plans, planned uses for each area of building (including occupancy type, if known), finished floor elevations, and exiting and accessibility accommodations;

d.    Infrastructure Improvements.

i.    Location of existing and proposed storm sewers, catch basins, utility holes, parking lot storm drains, detention structures, etc.;

ii.    Locations and dimensions of stormwater treatment, flow control, and low impact development facilities;

iii.    Location and size of existing and proposed water mains, valves, service lines, size of water meters, sprinkler systems, fire hydrants, and backflow devices;

iv.    Location and size of existing and proposed sanitary sewer collectors, utility holes, pumping stations, force main and side services, including cleanouts; and

v.    Location of other existing and proposed utilities, including, but not limited to, gas, power, telephone, streetlights.

e.    Landscaping.

i.    The applicant shall submit a stamped landscape plan pursuant to TMC Chapter 18.47, Landscaping, that is consistent with the proposed site plan.

(Ord. O2024-005, Added, 12/03/2024)

14.14.040 Determination of completeness.

A.    Within twenty-eight days after receiving a land use permit application or sooner, if completed, the department shall provide a written determination to the applicant which states either:

1.    That the land use permit application is complete and that the procedural submission requirements of this title have been met; or

2.    That the land use permit application is incomplete and that the procedural submission requirements of this title have not been met. The determination shall outline what is necessary to make the application procedurally complete.

B.    To the extent known, the department shall identify other local, state, or federal agencies that may have jurisdiction over some aspects of the land use permit application in the determination of completeness.

C.    Definition of a Complete Application. A land use permit application is complete for purposes of this section when it meets the procedural submission requirements of TMC 14.14.030, as well as the submission requirements contained in all other applicable development regulations of the city.

D.    Requesting Additional Information.

1.    Additional information or studies may be required, or modifications to the project may be undertaken after the procedural review of the land use permit application by the city.

2.    The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the determination of completeness or later if additional information is required or where there are substantial changes in the proposed land use action as defined in TMC 14.10.060.

E.    The determination of completeness may include or be combined with the following actions:

1.    A preliminary determination of those development regulations that will be used for mitigation of the proposed project;

2.    A preliminary determination of consistency pursuant to TMC 14.16.010;

3.    Other information the city chooses to include; or

4.    The notice of application pursuant to the requirements in TMC 14.16.050.

F.    Incomplete Land Use Permit Application Procedure.

1.    If the applicant receives a determination from the city that a land use permit application is not complete, the applicant shall be subject to the time period requirements specified in TMC 14.10.040(B)(2) to submit the necessary information to the city.

2.    Within fourteen days after an applicant has submitted to the city the requested additional information, the city shall make a written determination to the applicant as described in subsection A of this section.

3.    If the applicant either refuses in writing or fails to submit the required information or additional information within the ninety-day period, the land use permit application shall expire as specified in TMC 14.10.040(B)(2).

4.    Upon failure to cure any deficiency the department shall refund fifty percent of the filing or land use permit application fees submitted with the incomplete application.

G.    City’s Failure to Provide Determination of Completeness. A land use permit application shall be deemed procedurally complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection (A)(2) of this section.

H.    When the city determines that the land use permit application is complete, the city shall note the date of the determination and the land use permit application review time to render a decision, as identified in TMC Table 14.12.030, begins.

(Ord. O2024-005, Added, 12/03/2024)