Chapter 20.02
PROJECT PERMITTING
Sections:
20.02.010 Purpose and intent.
20.02.020 Definitions.
20.02.030 General provisions.
20.02.040 Project permit processing procedures.
20.02.050 Submission requirements.
20.02.060 Application vesting.
20.02.070 Optional consolidated permitting process.
20.02.080 Preapplication conference.
20.02.085 Design review.
20.02.090 Determination of completeness.
20.02.100 Notice of application.
20.02.110 Notice of hearing.
20.02.120 Joint public hearing.
20.02.130 Notice of decision.
20.02.140 Appeal.
20.02.150 Development agreement review procedures.
20.02.155 Administration and enforcement.
20.02.160 Planned actions.
20.02.010 Purpose and intent.
A. Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. This chapter establishes how the city of Centralia will process applications for project permits.
B. These procedures provide for an effective processing and review of permits consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.18 CMC, Hearing Examiner; CMC Title 18, Building Regulations; Chapter 16.04 CMC, State Environmental Policy Act Adopted; CMC Title 19, Subdivisions; Chapter 16.08 CMC, Shoreline Management Master Program; and other applicable codes making reference to this chapter. (Ord. 2209 § 2 (part), 2008).
20.02.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A. “City” means the city of Centralia.
B. “Closed-record appeal” means an administrative appeal on the record on a project permit application following an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
C. “Days” means calendar days.
D. “Department” means department of community development.
E. “Director” means the director of the community development department of the city of Centralia or his/her designee.
F. “Hearing body” means the city council, hearing examiner or any other body designated by the city council to preside over an open-record hearing or closed-record appeal.
G. “Hearing examiner” means the administrative hearing examiner pursuant to Chapter 2.18 CMC.
H. “Open-record appeal hearing” means an open-record hearing held on an appeal when no open-record predecision hearing has been held on the project permit application.
I. “Open-record hearing” means a hearing that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open-record hearing held prior to the city’s decision shall be known as an “open-record predecision hearing.”
J. “Parties of record” means:
1. The applicant;
2. The property tax payer as identified by the records available from the Lewis County assessor’s office;
3. Any person who testified at the open-record public hearing on the application; and/or
4. Any person who submitted written comments during administrative review or has submitted written comments concerning the application at the open-record public hearing (excluding persons who have only signed petitions or mechanically produced form letters).
K. “Project permit” or “project permit application” means any land use or environmental permit or license required from the city of Centralia for a project action, including but not limited to building permits, site development permits, land use preparation permits, subdivisions, binding site plans, planned unit developments, special use permits, shoreline substantial development permits, development plan review, site-specific rezones authorized by the comprehensive plan, but excluding adoption or amendment of the comprehensive plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsection.
L. “Public meeting” means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting may include, but is not limited to, a design review meeting, a special committee meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open-record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file.
M. “SEPA” means the State Environmental Policy Act and includes the provisions of Chapter 43.21C RCW, Chapter 197-11 WAC and Chapter 16.04 CMC. (Ord. 2209 § 2 (part), 2008).
20.02.030 General provisions.
A. General Exemptions. The following permits or approvals are exempt from the procedures set forth in this chapter:
1. Right-of-way/street use permits;
2. Permits or approvals relating to the use of public areas or facilities;
3. Project permits not listed in this chapter which are categorically exempt from SEPA;
4. Legislative actions such as the adoption of or amendments to the comprehensive plan, subarea plans, area-wide map amendments, and development regulations.
B. Applicable Procedures. The director shall determine the proper procedure for the processing of each project permit application pursuant to the provisions of this chapter. Disputes shall be resolved in favor of the higher category. Type I is considered the lowest and Type IV is the highest.
C. Standard Consistency. The city reviews proposals for consistency to applicable development regulations and the comprehensive plan. This determination includes consideration of the following:
1. The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied;
2. The density of development allowed such as units per acre or other measures of density;
3. Availability and adequacy of infrastructure, which includes public facilities and services identified in the comprehensive plan; and
4. Characteristics of the development such as development design standards.
D. Standard of Review. The land use regulations in effect on the date an application is vested will be the standard of review.
E. Conflict with Other Regulations. When any provisions of this chapter conflict with provisions of other city regulations, ordinances or resolutions, the more restrictive shall apply.
F. Severability. If any part or provision of this title or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operations to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances.
G. General Notice Requirements. The available records of the Lewis County assessor’s office shall be used to determine the property tax payer of record. All notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter shall not be grounds for invalidation of a decision on a permit.
H. Optional Public Notice. In addition to required public notice, the city may provide notice to other individuals or organizations interested or possibly affected by the proposal. Failure to provide optional public notice shall not be grounds for invalidation of a decision on a permit. (Ord. 2209 § 2 (part), 2008).
20.02.040 Project permit processing procedures.
Project permit applications are categorized as Type I, Type II, Type III or Type IV project permits. Permit processing procedures may include determination of completeness, notice of application, notice of public hearing and notice of decision. Applicable procedures for the processing of permits are pursuant to the following provisions:
A. Type I Project Permits. These are administrative decisions by the director who may approve, conditionally approve or deny the application. They include permits categorically exempt from SEPA review or that have had SEPA review completed in connection with another application or permit. Type I project permit processing procedures are set forth in Table 20.02.040.
B. Type II Project Permit. These are administrative decisions by the director with limited public notice. The director has the authority to approve, conditionally approve or deny the application. Type II project permit processing procedures are set forth in Table 20.02.040.
C. Type III Project Permit. These are hearing examiner decisions. The hearing examiner may approve, conditionally approve, or deny the application. Type III project permit processing procedures are set forth in Table 20.02.040.
D. Type IV Project Permit. These are decisions by the city council after a closed-record hearing. The city council may approve, conditionally approve, modify and approve or deny the application. Type IV project permit processing procedures are set forth in Table 20.02.040.
Table 20.02.040—Project Permit Processing Procedures
|
|
Application Type |
Determination of Completeness |
Notice of Application |
Notice of Hearing |
Notice of Decision |
|
1 |
Administrative determination/code interpretation |
No |
No |
No |
No |
|
2 |
Field variance of setback approval |
No |
No |
No |
No |
|
3 |
Building and other construction permits |
Yes |
No |
No |
No |
|
4 |
Clearing less than two acres of forest |
No |
No |
No |
No |
|
5 |
Demolition permit (exempt from SEPA) |
No |
No |
No |
No |
|
6 |
Fill and grading permit (exempt from SEPA) |
No |
No |
No |
No |
|
7 |
Landscaping or alternative landscaping plan |
No |
No |
No |
No |
|
8 |
Minor amendment to an approved preliminary plat** |
No |
No |
No |
No |
|
9 |
Minor amendment to an approved preliminary PUD** |
No |
No |
No |
No |
|
10 |
Minor amendment to other permits not listed |
No |
No |
No |
No |
|
11 |
Nonconforming use determinations |
No |
No |
No |
No |
|
12 |
Type I permit or approval revocation |
No |
No |
No |
No |
|
13 |
Recreational vehicle ninety-day permit |
No |
No |
No |
No |
|
14 |
Sign permit |
No |
No |
No |
No |
|
15 |
Site plan review (exempt from SEPA)* |
Yes |
No |
No |
No |
|
16 |
Temporary emergency wetland or stream permits |
No |
No |
No |
No |
|
17 |
Modification of critical areas standards (exempt from SEPA)*** |
No |
No |
No |
No |
|
18 |
Final short plat |
No |
No |
No |
No |
|
19 |
Design review |
No |
No |
No |
Yes |
|
* Applicable to site plan review that is independent of and not part of a building or land use application. ** Director’s decision on minor amendments shall be sent to parties of record. *** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations. |
|||||
|
|
Application Type |
Determination of Completeness |
Notice of Application* |
Notice of Hearing |
Notice of Decision |
|
1 |
Demolition permit (requiring SEPA) |
Yes |
Yes |
No |
Yes |
|
2 |
Design review |
Yes |
Yes |
Yes |
No |
|
3 |
Fill and grading permit (requiring SEPA) |
Yes |
Yes |
No |
Yes |
|
4 |
Type II permit or approval revocation |
No |
No |
No |
No |
|
5 |
Site plan review (requiring SEPA) |
Yes |
Yes |
No |
Yes |
|
6 |
Shoreline permit revision |
Yes |
Yes |
No |
Yes |
|
7 |
Shoreline substantial development permit*** |
Yes |
Yes |
No |
Yes |
|
8 |
Wetland or stream assessment |
Yes |
Yes |
No |
Yes |
|
9 |
Wetland or stream development permit |
Yes |
Yes |
No |
Yes |
|
10 |
Building and other construction permits (requiring SEPA or design review) |
Yes |
Yes |
No |
Yes |
|
11 |
Modification of critical area standards (requiring SEPA)** |
Yes |
Yes |
No |
Yes |
|
12 |
Stand-alone nonproject SEPA |
No |
No |
No |
No |
|
* Notice of application shall be mailed to property owners within three hundred feet of the subject property. ** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations. *** This Type II decision only applies if a public hearing is not requested by the public. If a public hearing is requested, this decision becomes a Type III decision. |
|||||
|
|
Application Type |
Determination of Completeness |
Notice of Application |
Notice of Hearing |
Notice of Decision |
|
1 |
Shoreline substantial development permit |
Yes |
Yes |
Yes |
Yes |
|
2 |
Shoreline variance |
Yes |
Yes |
Yes |