Chapter 13.07
APPLICATION PROCESS
Sections:
13.07.010 Application process.
13.07.020 Formal preapplication meeting.
13.07.030 Consolidated application process.
13.07.050 Determination of completeness.
13.07.060 Technical review committee.
13.07.070 Application vesting.
13.07.080 Notice of application.
13.07.090 Notice of public hearing.
13.07.005 Fees.
Application fees, intended to defray the cost incurred in processing of applications pertaining to this title, shall be submitted as part of the required application materials, in an amount as required by Chapter 1.99 WCC, Fee Schedules.
All fees shall be collected at the time the application is tendered. Said application shall not be considered as complete and eligible for scheduling for public hearing until said fee has been received. All fees collected are nonrefundable except in instances where an application has been officially withdrawn, in writing, by the proponent or appellant, prior to the act of providing public notice. (Ord. 2010-34 § 1; Ord. 2008-06 § 1)
13.07.010 Application process.
The application process shall consist of the following components:
(1) Formal preapplication meeting;
(2) Plan review;
(3) Determination of completeness;
(4) Technical review committee;
(5) Notice of application;
(6) Application review;
(7) Notice of final decision. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.07.020 Formal preapplication meeting.
(1) Prospective applicants are strongly encouraged to participate in a formal preapplication meeting within the six months prior to submittal of a complete application. Prospective applicants for Type I and Type II applications are encouraged to have informal discussions or meetings with applicable city personnel to help facilitate a complete application submittal. Type I and Type II administrative applications often may not necessitate a formal preapplication meeting.
(2) The purpose of the formal preapplication meeting is to:
(a) Assist applicants to prepare a code-compliant project permit application;
(b) Eliminate the city’s need to request additional information that causes resubmittals, resubmittal fees, and further city review, and that extends project approval dates; and
(c) Reduce time frames for approval of project permit applications by expediting issue resolution through one-on-one collaboration between applicants and city staff.
(3) The formal preapplication meeting provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed development, the application and permit requirements, fees, the review process and schedule, and applicable development standards, plans, policies, and laws.
(4) The formal preapplication meeting shall take place at the city’s offices, unless another location is agreed upon by the city and the applicant. The length of the formal preapplication meeting shall be determined by the complexity of the development proposed by the applicant.
(5) The city will prepare and maintain a written summary of the preapplication meeting, including a list of any specific documents, information, legal descriptions or other requirements that must be submitted in addition to the requirements of the application.
(6) An applicant may request one or more additional formal preapplication meetings if the proposed development changes based on information received at the previous meeting. The additional meetings shall be subject to the same procedures as the initial formal preapplication meeting.
(7) Application forms shall be made available to the applicant following a formal preapplication meeting.
(8) Applicants for development may request an informal meeting prior to the formal preapplication meeting. The purpose of the meeting is to discuss, in general terms, the proposed development, city design standards, design alternatives and required permits and approval process(es).
(9) Failure of the administrator or his/her designee or any staff member to provide any of the information required by this chapter shall not constitute a waiver of any of the standards, criteria or requirements for the application. Any discussion at the preapplication meeting is for the purpose of acquainting the applicant with the known requirements for an undefined proposal. As a result, the discussions shall not bind the city in any manner or prevent the city’s future enforcement of all applicable codes, plans and regulations. (Ord. 2014-11 § 1 (Exh. B § F); Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.07.030 Consolidated application process.
(1) When more than one application for a proposed development is required, the applicant may elect to have all applications submitted for review at one time.
(2) Applications for proposed development and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in accordance with the state and local laws, regulations and ordinances.
(3) When more than one application is submitted under a consolidated review and the applications are subject to different types of review procedures, all of the applications for the proposed development shall be subject to the highest level of review procedure which applies to any of the applications.
(4) If an applicant elects a consolidated application process, the determination of completeness, the notice of application, and the notice of final decision must include all applications being reviewed. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.07.040 Plan review.
(1) After application materials are submitted by a project proponent following the formal preapplication meeting, a plan review shall be conducted by the city to determine if the application is complete. The plan review shall determine if adequate information is provided in or with the application in order to begin processing the application, and that all required information and materials have been supplied in sufficient detail to begin the application review process. All information and materials required by the application form and from the formal preapplication meeting must be submitted. All studies supporting the application or addressing projected impacts of the proposed development must be submitted.
(2) The purpose of the plan review is to ensure adequate information is contained in the application materials to demonstrate consistency with applicable comprehensive plans, development regulations and other applicable city codes. City staff will coordinate the involvement of agencies responsible for the review of setbacks, landscaping, parking, drainage, access, roads, traffic, signs, utilities and any other applicable requirements. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.07.050 Determination of completeness.
(1) Within 28 days after receiving an application, the city shall complete the plan review of the application and provide the applicant a written determination that the application is either complete or incomplete. The application shall be deemed complete pursuant to this section if the city does not provide a written determination to the applicant that the application is incomplete within the time frame provided.
(2) An application shall be determined complete only when it contains all of the following information and materials:
(a) A fully completed and signed application.
(b) Applicable review fees.
(c) All information and materials required by the application form.
(d) A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act.
(e) Any information required by the city’s resource lands and critical areas provisions, if applicable.
(f) The information specified for the desired project in the appropriate title of the WCC.
(g) A plot plan disclosing all existing and proposed structures and features applicable to the desired development; for example, parking, landscaping, preliminary drainage plans with supporting calculations, signs, setbacks, etc.
(h) Preliminary engineering for streets and utilities, if applicable.
(i) Any additional information and materials identified at the formal preapplication meeting or required by applicable development standards, plans, policies or any other federal, state or local laws.
(j) Any supplemental information or special studies identified by the city.
(3) For applications determined to be incomplete, the city shall identify, in writing, the specific requirements, information or materials necessary to constitute a complete application. Within 14 days after its receipt of the additional requirements, information or materials, the city shall issue a determination of completeness or identify the additional requirements, information, or materials still necessary for completeness. Failure to submit the requested information within 60 days will result in a null and void application, with no refund of the filing fees.
(4) A determination of completeness shall identify, to the extent known, other local, state or federal agencies that may have jurisdiction over some aspect of the application.
(5) A determination of completeness shall not preclude the city from requesting additional information or studies if new information is required or a change in the proposed development occurs.
(6) Upon issuing a determination of completeness, the application materials, including the applicable SEPA review information, will be referred to appropriate agencies for review and comment. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.07.060 Technical review committee.
(1) Immediately following the determination of completeness, the city will schedule a meeting of the technical review committee (TRC). The TRC may be composed of representatives of all affected city departments, utility districts, the fire department, and any other entities or agencies with jurisdiction.
(2) The TRC shall review the development application for issues including but not limited to compliance with city plans and regulations, coordination of necessary permit reviews, and identification of the development’s potential environmental impacts. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.07.070 Application vesting.
An application shall become vested on the date a complete application is submitted pursuant to WCC 13.07.050. Thereafter, the application shall be reviewed under the codes, regulations and other laws in effect on the date of vesting; provided, in the event an applicant substantially changes his/her proposed development after a determination of completeness, as determined by the city, the application shall be considered vested on the date a complete revised project application is submitted pursuant to WCC 13.07.050. (Ord. 2007-35 § 2 (Exh. A))
13.07.080 Notice of application.
(1) Within 14 days after issuing a determination of completeness, the city shall issue a notice of application. If an open record predecision hearing is required for the application, the notice of application shall be issued at least 15 days prior to the hearing. The notice shall include, but not be limited to, the following:
(a) The date of application, the date of the determination of completeness, and the date of the notice of application.
(b) A description of the proposed project action, a list of permits required for the application and, if applicable, a list of any studies requested.
(c) The identification of other required permits not included in the application, to the extent known by the city.
(d) The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed.
(e) A statement of the public comment period, which shall be 14 days following the date of the notice of application, and a statement of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision, once made, and a statement of any appeal rights.
(f) The date, time, location and type of hearing, if applicable, and scheduled at the date of the notice of application.
(g) A statement of the preliminary determination, if one has been made at the time of notice of application, of those development regulations that will be used for project mitigation and of consistency with the type of land use of the proposed site, the density and intensity of proposed development, infrastructure necessary to serve the development, and the character of the development.
(h) Any other information determined by the city to be appropriate.
(2) Informing the Public. The notice of application shall be posted in the following manner:
(a) It shall be posted on the subject property by the city for the duration of the public comment period. The location and manner of posting shall be determined by the city. The city will post the notice of application upon payment of all applicable fees. It shall be the responsibility of the applicant to maintain the posting at the location and in good condition throughout the entire public comment period. After the public comment period, the city staff person responsible for posting the notice of application shall remove the posting and sign an affidavit of posting before a notary public, using the form adopted by the city, and the affidavit of posting shall be placed in the application file.
(b) It shall be posted on the city’s official website.
(c) It shall be mailed to all property owners, as shown on the records of the county assessor, within 350 feet of the boundaries of the property which is the subject of the application.
(d) It shall be mailed to all other agencies with jurisdiction.
(3) The notice of application is not a substitute for any required notice of a public hearing. It may serve as the notice of public hearing, provided it contains all of the information required for a public hearing notice and complies with all other public notice requirements for the type of action being sought. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))
13.07.090 Notice of public hearing.
When required, notice of a public meeting or hearing for all development applications and all open record appeals shall be given as follows:
(1) Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under the WCC shall be made by:
(a) Publication in the official newspaper at least 10 days before the date of a public meeting, hearing, or pending action; and
(b) Mailing at least 10 days before the date of a public meeting, hearing, or pending action to all property owners, as shown on the records of the county assessor, within 350 feet of the boundaries of the property which is the subject of the meeting or pending action; and
(c) Posting at least 10 days before the meeting, hearing, or pending action on the city’s official website.
(2) Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.
(3) Continuations. If for any reason a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date, time and place certain and no further notice under this section is required. (Ord. 2010-34 § 1; Ord. 2007-35 § 2 (Exh. A))