Title 26
PLANNING

Chapters:

26.01 Planning Agency

26.02 Shorelines and Sensitive Areas Committee

26.03 Board of Adjustment

26.04 Hearing Examiner

26.10 Consolidated Development Permit Process

Chapter 26.01
PLANNING AGENCY

Sections:

26.01.010 Purpose and authority.

26.01.020 Department of Community Development.

26.01.030 Planning Commission.

26.01.031 Transition clause to stagger expiration dates for appointees.

26.01.040 Duties and responsibilities of the Department.

26.01.050 Duties and powers of Commission.

26.01.060 Organization and business of the Commission.

26.01.062 Western Clallam County Planning Commission established.

26.01.064 Western Regional Planning Commission – Area defined.

26.01.070 Administrative procedures.

26.01.080 Enforcement.

26.01.090 Expenditures.

26.01.100 Repealer.

26.01.110 Severability.

SOURCE: ADOPTED:

Ord. No. 383, 1990 06/19/90

AMENDED SOURCE: ADOPTED:

Ord. No. 514, 1993 08/10/93

Ord. No. 556, 1994 12/13/94

Ord. No. 631, 1998 02/03/98

Ord. No. 820, 2007 04/03/07

26.01.010 Purpose and authority.

The purpose of this chapter is to provide the authority for guiding and regulating the physical development of Clallam County as provided for in Chapter 36.70 RCW and the Clallam County Charter, as now or hereafter amended. A Planning Department, which shall be the Department of Community Development, is hereby created pursuant to RCW 36.70.040 and together with the Planning Commission, which is hereby created, shall be the planning agency for Clallam County. The authority for planning shall be as authorized in RCW 36.70.040 and the Clallam County Charter, as now or hereafter amended. The Clallam County Comprehensive Plan, as adopted by Ordinance No. 175, 1982, and all subsequent amendments, and all official controls which implement the Comprehensive Plan are hereby adopted under the authority of Chapters 36.70 and 36.70A RCW and the Clallam County Charter, as now or hereafter amended.

26.01.020 Department of Community Development.

The Department of Community Development shall contain the Planning Department or Division for Clallam County and is authorized pursuant to RCW 36.70.040. The Planning Commission, as authorized in this chapter, and the Shorelines Committee, as authorized in Chapter 26.02 CCC, shall assist the Department of Community Development in carrying out its planning related duties. The Director of the Department shall be responsible to the County Administrator and the Board of Commissioners. The Director of the Department may delegate the duties and procedures imposed by this title upon Division managers.

26.01.030 Planning Commission.

The Planning Commission shall assist the Planning Department in carrying out its duties, including assistance in the preparation and execution of the Comprehensive Plan and recommendations to the Department for the adoption of official controls and/or amendments thereto. The Commission shall consist of nine members and shall be structured so as to provide as nearly as possible an equal number of representatives from each Commissioner District. The members of the Commission shall be appointed by the Board of Commissioners. The term of office shall be four years. Members now serving on the Commission created by Ordinance No. 69, 1976, are hereby confirmed as members of the Commission created by this chapter for the remainder of their current terms of office. Vacancies occurring on the Commission other than through the expiration of a term shall be filled for the unexpired term. Members may be removed from office as set forth in RCW 36.70.110, as now or hereafter amended. Members shall reside in the respective Commissioner District, shall be selected without respect to political affiliation, shall not be paid officials nor employees of Clallam County and shall be selected in accordance with the equal opportunity guidelines of the Clallam County Charter.

26.01.031 Transition clause to stagger expiration dates for appointees.

Term of office for Planning Commission appointees was changed from six years to four years by Ordinance No. 383, 1990. A result of that change was the concurrent expiration of appointments to the Commission. It is desirable to stagger the expiration of terms to provide continuity on the Commission. Therefore, the following table establishes expiration dates for this transition period. Thereafter, all appointments will be four years as intended in CCC 26.01.030.

Subdistrict Designation	New Expiration Date
For appointments that are effective January 1, 1995:
District Ia	One two-year term expiring December 31, 1996
District Ib	One three-year term expiring December 31, 1997
District Ic	One four-year term expiring December 31, 1998
District IIa	One three-year term expiring December 31, 1997
District IIb	One four-year term expiring December 31, 1998
For appointments that are effective January 1, 1997:
District IIc	One three-year term expiring December 31, 1999
District IIIa	One three-year term expiring December 31, 1999
District IIIb	One four-year term expiring December 31, 2000
For appointment effective July 1, 1998:
District IIIc	One four-year term expiring June 30, 2002
	No change is necessary. Continues on four-year cycle.

The positions have been designated subdistrict identification for the purpose of this chapter only. Applicants may choose which subdistrict they apply for, each with differing lengths of term. The application forms shall be modified to permit filing for a specific subdistrict.

26.01.040 Duties and responsibilities of the Department.

The Department is responsible for the duties and procedures as directed by the County Administrator and the Board. The duties of the Department shall include, but not be limited to, the following:

(1) The development and implementation of the Comprehensive Plan as outlined in Chapter 36.70 RCW.

(2) The development and administration of all ordinances required to implement the Comprehensive Plan, including but not limited to the land division, zoning, shoreline, floodplain, recreational vehicle and mobile home park, environmental policy, open space classification and any other ordinance relating to the physical development of the County as assigned by the Board.

(3) The Director or his or her representative shall serve as secretary to the Planning Commission and the Shorelines Committee.

(4) The Department shall be responsible for coordinating and implementing the State Environmental Policy Act and the Clallam County Environmental Policy Ordinance. The Director or designee shall serve as the responsible official under these rules.

(5) The Department shall conduct research as necessary to monitor growth trends and development activities and report to the Planning Commission and Board on their findings.

(6) The Department shall prepare forms and application materials as necessary to implement the various planning ordinances and the Department shall be responsible for ensuring that the applications are complete and meet the necessary requirements for content.

(7) The Department shall perform such other duties as required by the Board.

(8) The Director or his or her designee shall also make such interpretations as are necessary to carry out the spirit and intent of the Comprehensive Plan or the ordinances which implement the plan and may take action on land use permits as authorized by ordinance.

26.01.050 Duties and powers of Commission.

The Commission shall be responsible to the Planning Department and the Board for its duties and actions. The duties and powers of the Commission shall include, but not be limited to, the following:

(1) Policy recommendations on the development and implementation of the Comprehensive Plan in accordance with the authority of Chapter 36.70 RCW, as now or hereafter amended.

(2) Policy recommendations on the development of all ordinances or official controls and amendments thereto which implement the Comprehensive Plan.

(3) Recommendations on all rezones, subdivision plats, planned unit developments, subdivision variances and other requests brought by the Board or the Department.

(4) Enter written findings, conclusions and decisions following public hearings on any matter before the Commission.

(5) Decisions of the Planning Commission may include conditions to permits which are reasonable and necessary to further the public health, safety, welfare, use and interest and maintain the spirit and intent of County ordinances or an adopted Comprehensive Plan for the County.

(6) Keep a written record of all meetings and decisions before the Commission.

(7) Other matters referred by the Board of Commissioners.

26.01.060 Organization and business of the Commission.

(1) The Commission shall be organized and conduct business as outlined in Chapter 36.70 RCW, as now or hereafter amended.

(2) The Commission shall elect its own chairman and vice chairman from among its members. The Director or representative shall serve as secretary to the Commission. The Commission shall adopt rules and/or bylaws for the transaction of business and keep a written record of its meetings, resolutions, findings, conclusions and determinations, which shall be a matter of public record.

(3) The recommendation by the Commission to the Board of any official control or amendments thereto, as defined in Chapter 36.70 RCW, as now or hereafter amended, shall be by the affirmation vote of not less than a majority of the total members of the Commission. Action on permits other than official controls shall be by a majority of those present. Failure to obtain a majority vote shall be considered a denial of the action.

(4) The Commission shall hold at least one regular meeting each month; provided, that the Commission, if authorized by its own rules and bylaws, may meet twice monthly and for such other meetings as it may deem necessary to carry out the duties of the Commission; provided further, that if no matters over which the planning agency has jurisdiction are pending upon its calendar, a meeting may be canceled.

(5) Public hearings before the Commission are scheduled by the Director or designee according to the rules and procedures adopted by the Department. Agendas for Commission meetings shall be developed by the Director or designee in coordination with the chairman of the Commission.

26.01.062 Western Clallam County Planning Commission established.

A Western Clallam County Planning Commission is hereby created to serve as a regional planning commission for the area specified in CCC 26.01.064. The purpose of this regional planning commission is to work jointly and cooperatively with the City of Forks and surrounding area in regional planning and to formulate and recommend to the legislative bodies of the City of Forks and Clallam County the Comprehensive Plan elements required by the Growth Management Act. Pursuant to Chapter 36.70 RCW and Chapter 26.01 CCC, the Commission shall have the jurisdiction, functions, and authority to carry out a complete planning program to formulate and recommend the Growth Management Act Comprehensive Plan elements identified herein and shall have all powers, functions, and authority as would be otherwise imparted and conferred on a planning commission. The Commission shall consist of seven members, three members appointed by the Board of Clallam County Commissioners, three members appointed by the City of Forks, and the seventh member mutually appointed by Clallam County and the City of Forks. The term of office for each Commission member shall be either (1) the time necessary for both the City and County to execute a final adoption of some form of the Comprehensive Plan elements formulated by this Commission; or (2) three years from the effective date of this chapter, whichever is shorter. All members appointed to the Commission shall reside or own property within the planning area specified in CCC 26.01.064. Notwithstanding the creation of the Western Clallam County Planning Commission, the City of Forks Planning Commission and the Clallam County Planning Commission shall still be active and responsible for all Planning Commission functions, authority and jurisdiction not conferred by this chapter.

26.01.064 Western Regional Planning Commission – Area defined.

The Western Regional Planning Commission shall have authority to formulate Comprehensive Plan elements for the area within the Quillayute Valley School District.

26.01.070 Administrative procedures.

The Department and the Divisions thereunder may adopt administrative procedures and policies to carry out the duties assigned by this chapter and other chapters and to provide interpretation, clarification or amplification on State or County codes and their Departmental administration. Administrative procedures and policies shall be approved by the Director with legal counsel from the Prosecuting Attorney’s office, when necessary. The Department shall advise and/or consult with the Planning Commission, Shorelines Committee and/or Board of Commissioners, as applicable, prior to implementing an administrative policy or procedure. Administrative policies or procedures may be overturned by legislative action of the Board of Commissioners or by reconsideration by the Director. The Department and each Division thereunder shall make available to the public any adopted administrative procedures and policies.

26.01.080 Enforcement.

The Director (or his or her designee) is hereby authorized and directed to enforce the provisions of all ordinances under the planning agency authority according to the provisions of CCC Title 20, Code Compliance.

26.01.090 Expenditures.

The expenditures of the planning agency shall be as set forth in the official budget of the Department of Community Development and shall be under the control of the Department Director, the County Administrator and the Board.

26.01.100 Repealer.

Ord. No. 69, 1976 is hereby repealed.

26.01.110 Severability.

If any portion of this chapter or any application thereof is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion thereof or any application thereof shall not affect the validity of the remaining portions of the ordinance or its applicability to other persons or circumstances.

Chapter 26.02
SHORELINES AND SENSITIVE AREAS COMMITTEE

Sections:

26.02.010 Authority.

26.02.020 Membership and appointment.

26.02.030 Organization and business.

26.02.040 Meetings.

26.02.050 Duties.

26.02.060 Powers.

26.02.090 Severability.

SOURCE: ADOPTED:

Ord. No. 384, 1990 06/19/90

AMENDED SOURCE: ADOPTED:

Ord. No. 428, 1991 09/10/91

26.02.010 Authority.

Pursuant to the Shoreline Management Act, Chapter 90.58 RCW and Chapter 173-14 WAC, as now or hereafter amended, the Growth Management Act, Chapter 36.70A RCW, and Chapter 365-190 WAC, as now or hereafter amended, and the Clallam County Charter, a Shorelines and Sensitive Areas Committee hereinafter referred to as the “Committee” is hereby established to assist the planning agency and conduct hearings on shoreline permits, sensitive or critical area permits, management plans or appeals and on amendments to the Shoreline Master Program and such ordinances as are necessary to implement protection of critical areas as defined in the Growth Management Act, as now or hereafter amended.

26.02.020 Membership and appointment.

The Committee shall consist of nine (9) members and shall be structured so as to provide as nearly as possible an equal number of representatives from each County Commissioner District. The members of the Committee shall be appointed by the Board of Commissioners. The term of office shall be four (4) years. Members now serving on the Shorelines Committee created by Ordinance No. 384, 1990, are hereby confirmed as members of the Committee created by this chapter for the remainder of their current terms of office. Vacancies occurring on the committee other than through the expiration of a term shall be filled for the unexpired term. Members may be removed in the same manner as set forth in RCW 36.70.110, as now or hereafter amended. Members shall reside in the respective Commissioner District, shall be selected without respect to political affiliation, shall not be paid officials nor employees of Clallam County and shall be selected in accordance with the equal opportunity guidelines of the Clallam County Charter.

26.02.030 Organization and business.

(1) The Committee shall conduct business within the statutory authority of the Shoreline Management Act and the Clallam County shoreline permit ordinance, Chapter 35.01 CCC, the Growth Management Act and County Planning Enabling Act (Chapter 36.70 RCW) and such ordinance as necessary to implement the protection of critical areas as defined in the Growth Management Act, as now or hereafter amended. The Committee shall elect its own chairman and vice chairman from among its members. The Planning Director or representative shall serve as secretary to the Committee. The Committee shall adopt rules and/or bylaws for the transaction of business and keep written record of its meetings, resolutions, findings, conclusions and determinations, which shall be a matter of public record.

(2) The recommendation by the Committee to the Board on amendments to the Shoreline Master Program or any ordinance as necessary to protect critical or sensitive areas, shall be by the affirmative vote of not less than a majority of the total members of the Committee. Action on shoreline permits and other permits, appeals and management plans necessary to protect critical or sensitive areas, shall be by a majority of those present; provided, that no action except continuation of meeting dates may occur with less than a quorum of the Committee present, except as otherwise provided by State law. Failure to obtain a majority vote shall be considered a denial of the action.

26.02.040 Meetings.

(1) The Committee shall conduct a regular meeting at least once each month; however, when there is no business to be conducted, such regular meeting may be cancelled. Further, regular meetings may be continued when deemed appropriate and special meetings may be called at the discretion of the Committee and the Department of Community Development.

(2) Public hearings before the Committee are scheduled by the Planning Director or designee according to the rules and procedures adopted by the Department. Agendas for Committee meetings shall be developed by the Planning Director or representative in coordination with the chairman of the Committee.

26.02.050 Duties.

The Committee shall be responsible to the Board of Commissioners for its duties and actions. The duties of the Committee shall include, but not be limited to, the following:

(1) Policy recommendations on the development, implementation and adjustment of the Shoreline Master Program in accordance with the authority of Chapter 90.58 RCW, as now or hereafter amended. The Committee shall notify and receive authorization from the Board of Commissioners prior to any initiation of amendments to the Shoreline Master Program.

(2) Policy recommendations on the development of all ordinances or official controls which implement the Shoreline Master Program.

(3) Final orders on shoreline substantial development permits, shoreline variances and shoreline conditional use permits.

(4) Enter written findings, conclusions and decisions following public hearings on permit applications, ordinances necessary to protect critical areas or Shoreline Master Program amendments.

(5) Keep a written record of all meetings and transactions.

(6) Other matters referred by the Board of Commissioners.

(7) Policy recommendations on the development, implementation and amendment of ordinances or official controls to protect critical areas in accordance with the authority of Chapter 36.70A RCW, as now or hereafter amended. The Committee shall notify and receive authorization from the Board of Commissioners prior to any initiation of amendments to such ordinances.

(8) Final orders on critical or sensitive area development permits, variances, management plans or appeals of administrative decisions as authorized under Clallam County codes which implement protection of critical and sensitive areas in accordance with Chapter 36.70A RCW, as now or hereafter amended.

26.02.060 Powers.

The Committee shall have the following authority and powers:

(1) The decision of the Committee is final and conclusive following a public hearing on all shoreline substantial development permits, shoreline variances and shoreline conditional use permits unless within ten (10) days following rendering such decision an appeal therefrom is filed with the Clerk of the Board of Commissioners and the Department of Community Development by the applicant or other interested persons or agency. Such appeal shall be in writing and shall state specifically the issues that are the subject of the appeal focusing in on the specific inadequacies of the particular decision under dispute and shall be accompanied by fees as set forth in Chapter 3.30 CCC, as now or hereafter amended. The Board of Commissioners shall either reverse or affirm the decision of the Committee following a public hearing of the matter.

(2) The Committee shall make recommendations following a public hearing and in accordance with Chapter 90.58 RCW on adjustments to the Shoreline Master Program or any other ordinance implementing the Shoreline Master Program or the Growth Management Act and protection of critical areas to the Board of Commissioners.

(3) The Committee may attach conditions to permit approvals to ensure the project is in conformance with the Shoreline Master Program goals, policies and regulations and the Shoreline Management Act or with Growth Management Act goals, policies and regulations implementing such goals and policies by Clallam County.

(4) As specified in such ordinance which implements protection of critical areas as defined in the Growth Management Act, the decision of the Committee is final and conclusive on all critical or sensitive area development permits, variances, and management plans, or any other such site specific development plans or permits which the Committee is authorized and required to review unless within ten (10) days, or other period of time as specified in ordinance, an appeal therefrom is filed with the Clerk of the Board of Commissioners and the Department of Community Development by the applicant or other interested persons or agency. The Board of Commissioners shall either reverse or affirm the decision of the Committee following a public hearing of the matter.

(5) Any other matter referred to the Committee not outlined in this section shall be considered a recommendation to the planning agency or the Board of Commissioners.

26.02.090 Severability.

If any provision of this chapter or its application to any person or legal entity or circumstances is held invalid the remainder of the chapter, or the application of the provision to other persons or legal entities or circumstances shall not be affected.

Chapter 26.03
BOARD OF ADJUSTMENT

Sections:

26.03.010 Authority.

26.03.020 Membership and appointment.

26.03.030 Organization and business.

26.03.040 Meetings.

26.03.060 Powers.

26.03.080 Repealer.

26.03.090 Severability.

SOURCE: ADOPTED:

Ord. No. 385, 1990 06/19/90

26.03.010 Authority.

The Clallam County Board of Adjustment is hereby created under the authority of RCW 36.70.200, as now or hereafter amended and the Clallam County Charter.

26.03.020 Membership and appointment.

The Board of Adjustment shall consist of five (5) members and shall be structured so as to provide as nearly as possible an equal number of representatives from each Commissioner District. The members of the Board of Adjustment shall be appointed by the Board of Commissioners. The term of office shall be four (4) years. Members now serving on the Board of Adjustment created pursuant to Ordinance No. 176, 1982, are hereby confirmed as members of the Board of Adjustment created by this chapter for the remainder of their current terms of office. Vacancies occurring on the Board of Adjustment other than through the expiration of a term shall be filled for the unexpired term. Members may be removed from office as set forth in RCW 36.70.250, as now or hereafter amended. Members shall reside in the respective Commissioner District, shall be selected without respect to political affiliation, shall not be paid officials nor employees of Clallam County and shall be selected in accordance with the equal opportunity guidelines of the Clallam County Charter.

26.03.030 Organization and business.

(1) The Board of Adjustment shall be organized and conduct business as outlined in Chapter 36.70 RCW, as now or hereafter amended.

(2) The Board of Adjustment shall elect its own chairman and vice chairman from among its members. The Planning Director or representative shall serve as secretary to the Board. The Board of Adjustment shall adopt rules and/or bylaws for the transaction of business and keep written record of its meetings, resolutions, findings, conclusions and determinations, which shall be a matter of public record.

26.03.040 Meetings.

(1) The Board of Adjustment shall hold at least one regular meeting each month; provided, that if no matters over which the Board of Adjustment has jurisdiction are pending upon its calendar, a meeting may be canceled.

(2) Public hearings before the Board of Adjustment are scheduled by the Department Director or their representatives according to the rules and procedures adopted by the Department. Agendas for Board of Adjustment meetings shall be developed by the Planning Director or designee in coordination with the chairman of the Board of Adjustment.

26.03.060 Powers.

(1) The Board of Adjustment shall have all the powers and authority granted pursuant to Chapter 36.70 RCW, as now or hereafter amended, except as otherwise provided by this chapter, CCC Title 33 or the Clallam County Charter. The Board of Adjustment may take action on conditional use permits, variances and appeals of administrative decisions.

(2) The action of the Board of Adjustment on conditional use permits, variances or appeals of administrative decisions shall be final and conclusive unless an appeal of such decision is filed as provided for in CCC Title 33, as now or hereafter amended.

(3) Decisions of the Board of Adjustment may include conditions to permits which are reasonable and necessary to further the public health, safety, welfare, use and interest and maintain the spirit and intent of County ordinances or an adopted Comprehensive Plan for the County.

26.03.080 Repealer.

Chapter 33.41 of the Clallam County Code is hereby repealed.

26.03.090 Severability.

If any portion of this chapter or any application thereof is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion thereof or any application thereof shall not affect the validity of the remaining portions of the ordinance or its applicability to other persons or circumstances.

Chapter 26.04
HEARING EXAMINER

Sections:

26.04.010 Authority.

26.04.020 Appointment.

26.04.030 Organization and business.

26.04.040 Regular meetings.

26.04.050 Public hearings.

26.04.060 Applicability.

26.04.070 Severability.

26.04.080 Effective date.

SOURCE: ADOPTED:

Ord. No. 580, 1995 12/12/95

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

26.04.010 Authority.

The Clallam County Hearing Examiner is hereby created under the authority of Chapters 36.70 and 36.70A RCW, as now or hereafter amended, and the Clallam County Home Rule Charter.

26.04.020 Appointment.

The Hearing Examiner shall be appointed and compensated by the Board of Clallam County Commissioners and shall serve at the pleasure of the Board.

26.04.030 Organization and business.

(1) The Clallam County Planning Director or his or her representative shall serve as secretary to the Hearing Examiner.

(2) The Clallam County Department of Community Development shall serve as staff to the Hearing Examiner.

(3) The Hearing Examiner shall have the power to adopt rules for the transaction of business, to administer oaths and affirmations, and to preserve order.

(4) The Hearing Examiner shall keep with his or her staff written record of its meetings, resolutions, findings, conclusions and determinations, which shall be a matter of public record.

26.04.040 Regular meetings.

(1) The Hearing Examiner shall hold at least two (2) regular meetings each month; provided, that if no matters over which the Hearing Examiner has jurisdiction are pending upon his or her calendar, a meeting may be canceled.

(2) Public hearings before the Hearing Examiner are scheduled by the Hearing Examiner upon consultation with his or her staff.

(3) Agendas for Hearing Examiner meetings shall be developed by the Planning Director or designee in coordination with the Hearing Examiner.

26.04.050 Public hearings.

(1) The public hearing will be informal in nature, but organized so that testimony and evidence can be presented efficiently. The hearing shall include at least the following elements:

(a) An introductory outline of the procedure by the Hearing Examiner.

(b) Testimony by the Department of Community Development staff which shall summarize the written staff report and provide any additional exhibits or other information the staff believes should be brought to the Hearing Examiner’s attention.

(c) Testimony by the applicant and the applicant’s witnesses.

(d) Testimony from other individuals or organizations wishing to be heard.

(e) Questions by the Hearing Examiner.

(f) Rebuttal witnesses (if any).

Any participant in the hearing may make all or part of his or her presentation through witnesses.

(2) All testimony shall be taken under oath or affirmation.

(3) Hearings shall be electronically recorded and the recordings shall be made a part of the record. Copies of the electronic recordings shall be made available upon request and payment of the costs of reproduction.

(4) Technical rules of evidence will not be applied. The key requirements for evidence will be relevance and reliability. Relevant and reliable evidence will be admitted if it possesses probative value commonly accepted by reasonable persons in the conduct of their affairs. The credibility of witnesses and the weight of evidence are within the sole discretion of the Hearing Examiner.

(a) Documents, photographs and physical evidence will be admitted as exhibits and each will be assigned an exhibit number. Exhibits will be retained until after a decision is rendered and all appeal proceedings, if any, have been concluded.

(b) The staff report or staff analysis produced by the Department of Community Development will be admitted as Exhibit 1 in every hearing.

(c) Testimony may be presented orally, in writing, or both. Persons giving oral testimony shall be subject to questioning by the Hearing Examiner. Written testimony may be presented either in advance or at the hearing. When testimony is presented only in writing, the Hearing Examiner has discretion to leave the record open for written responses by other participants.

(d) Any decision by the Hearing Examiner on the admissibility of evidence shall be final.

(5) The Hearing Examiner may impose reasonable limitations on the nature and length of testimony. In so doing the Examiner shall give consideration to:

(a) The expeditious completion of the hearing.

(b) The need to provide all parties a fair opportunity to present their cases.

(c) Accommodating the desires of members of the public to be heard, when public testimony is taken.

At the Hearing Examiner’s discretion, irrelevant or unduly repetitious testimony may be excluded. If all testimony cannot be presented in the time available, the hearing shall be continued.

(6) Whenever the views of any formal or informal organization are to be presented, the organization shall designate a representative with authority to coordinate the presentation and to speak for the group. Any communications with the organization by the Hearing Examiner or by any party during the course of proceedings shall be through the designated representative.

(7) Prior to the conclusion of a matter, including appeals therefrom, no communications with the Hearing Examiner outside of the hearing are allowed on the merits or facts of any matter which has been or will be scheduled to come before the Hearing Examiner. This prohibition includes, but is not limited to, communications with County employees, applicants and their representatives and others participating in the hearing process.

(8) The Hearing Examiner has the option to visit the site before or after a hearing. If the Hearing Examiner conducts a post-hearing visit in response to a request made at the hearing by a party, the hearing record will be held open until the site visit is completed.

(9) The Hearing Examiner may continue proceedings or reopen proceedings for good cause any time prior to the issuance of the decision, subject to notice requirements.

(10) The Hearing Examiner may announce a decision at the hearing. The decision will be contained in a written order with supporting findings and conclusions. The order will be issued no later than ten (10) working days after the record closes.

(11) The Department of Community Development will maintain a copy of the Hearing Examiner’s decision, available for public inspection, in the official file of each application or appeal. The applicant and any appellant will receive a copy of the Hearing Examiner’s decision free of charge. Any other person may receive a copy upon payment of the costs of reproduction and postage.

26.04.060 Applicability.

The Hearing Examiner shall take action on the following permit applications pursuant to the applicable land use regulation, until such time as the land use regulation is amended to incorporate the hearing examiner into the permit review process and as prescribed in Chapter 26.10 CCC.

(1) Permit applications and requests pursuant to the Clallam County Zoning Code, CCC Title 33, including:

(a) Planned unit developments.

(b) Master planned resorts.

(c) Conditional use permit applications.

(d) Variance requests.

(e) Review of the Administrator’s decision.

(f) Cluster developments.

(2) Permit applications and requests pursuant to the Clallam County Interim Critical Areas Ordinance, Chapter 27.12 CCC, including:

(a) Variance requests.

(b) Special and conditional use permit applications

(3) Land division requests pursuant to the Clallam County Land Division Code, CCC Title 29, including:

(a) Subdivision applications in which the Hearing Examiner grants preliminary decisions and the Board of Commissioners, as legislative authority, grants final approval.

(b) Variance requests.

(c) Binding site plans in which the Hearing Examiner grants preliminary decisions and the Board of Commissioners, as legislative authority, grants final approval.

(d) Appeals of Administrator’s actions.

(4) Permit applications pursuant to the Clallam County Shoreline Master Program and Shoreline Permit Code, Chapter 35.01 CCC, including:

(a) Shoreline substantial development permits.

(b) Shoreline conditional use permits.

(c) Shoreline variance requests.

(5) Appeals of Building and Fire Code interpretations pursuant to Chapter 21.01 CCC.

(6) Permit applications and requests pursuant to Chapter 33.57 CCC, Sign Code:

(a) Variances.

(b) Review of Administrator’s actions.

(7) Permit applications pursuant to Chapter 32.01 CCC, Flood Management Code:

(a) Variances.

26.04.070 Severability.

If any portion of this chapter or any application thereof is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion thereof or any application thereof shall not affect the validity of the remaining portions of the ordinance or its applicability to other persons or circumstances.

26.04.080 Effective date.

This chapter shall take full force and effect upon appointment of a Hearing Examiner by the Board of Clallam County Commissioners through the approval of a contract for hearing examiner services, but no sooner than ten (10) days from the date of adoption.

(1) Any permit application subject to this chapter made on or before the effective date shall be processed by the Clallam County Board of Adjustment, Shoreline and Sensitive Areas Committee, or Planning Commission; provided, that if the applicant so stipulates, the application shall be processed by the Hearing Examiner pursuant to the procedures established by this chapter.

(2) Any permit application subject to this chapter made after the effective date shall be processed by the Hearing Examiner pursuant to the procedures established by this chapter.

Chapter 26.10
CONSOLIDATED DEVELOPMENT PERMIT PROCESS

Sections:

Part One. Authority and Administration

26.10.010 Authority.

26.10.020 Purpose and objectives.

26.10.030 Administration.

26.10.040 Definitions.

Part Two. Applicability and Categories of Permit Processing

26.10.200 Applicability and exemptions.

26.10.210 Categories of application types.

26.10.220 Summary tables of permit type categories and processes.

26.10.230 Optional preapplication meetings.

Part Three. Permit Processing – General Requirements

26.10.310 Content of application.

26.10.320 Determination of completeness for processing.

26.10.330 Vesting of application.

26.10.340 Application review criteria and agency comment.

26.10.350 Integrated project and SEPA review.

Part Four. Public Notice

26.10.400 Notice of development applications.

26.10.410 Methods of public notice.

26.10.420 Public hearing limitation.

26.10.430 Special procedures for Shoreline Master Program permits.

Part Five. Application Review and Approval Process

26.10.500 Administrator authority for Type I and II permits.

26.10.510 Hearing Examiner for Type III permits.

26.10.520 Special procedures for Board action on final subdivisions.

26.10.530 Procedures for open record public hearings or open record appeal hearings.

26.10.540 Time limit for final decision – Exceptions.

26.10.550 Project consistency.

26.10.555 Code interpretation.

26.10.560 Project decision – Notice of decision.

Part Six. Reconsideration and Appeal of Decisions

26.10.600 Procedures for reconsideration.

26.10.610 Administrative appeals on project decisions.

26.10.620 Procedures for open record appeal hearings.

26.10.630 Procedures for closed record appeals.

26.10.640 State Environmental Policy Act (SEPA) appeals.

26.10.650 Judicial appeals.

Part Seven. Monitoring Effectiveness

26.10.700 Performance monitoring.

26.10.705 Performance guarantees.

26.10.710 Severability.

26.10.720 Effective date.

SOURCE: ADOPTED:

Ord. No. 632, 1998 02/03/98

AMENDED SOURCE: ADOPTED:

Ord. No. 693, 2000 06/13/00

Ord. No. 821, 2007 04/03/07

Part One. Authority and Administration

26.10.010 Authority.

The County of Clallam (hereinafter referred to as “the County”) adopts this chapter under the State Growth Management Act, Chapter 36.70A RCW, as amended, and the Regulatory Reform Act, Chapter 36.70B RCW, as amended.

26.10.020 Purpose and objectives.

The purpose of this chapter is to implement the requirements of the Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, as amended, by consolidating development application and review with the environmental review process in order to avoid duplicative regulation and environmental analysis, and also to provide an overlay permit processing procedure ordinance for Clallam County development regulations. The purpose of this chapter is also to meet other requirements of the Act, including the requirement that development applications be reviewed for consistency with the Comprehensive Plan and development regulations adopted pursuant to the Growth Management Act, Chapter 36.70A RCW.

The objectives of this chapter are to encourage the preparation of appropriate information early in the permit process, to provide the general public with an adequate opportunity for review and comment, and to provide the development community with a standardized permit process and predictability. In order to achieve this, Clallam County finds the following:

(1) Given the extensive investment that public agencies and a broad spectrum of the public are making and will continue to make in the Clallam County Comprehensive Plan and development regulations, it is essential that review of development permit applications start from the fundamental land use planning choices made in the Comprehensive Plan and regulations. If the applicable regulations or plan identify the type of land use, specify residential density, and identify and provide for funding of public facilities needed to serve the proposed development and site, these decisions at a minimum provide the foundation for further review. The review process, including the environmental review process under Chapter 43.21C RCW (SEPA) and the consideration of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision, unless the County finds that the plan and development regulations do not fully foresee site-specific issues and impacts identified through the application review process.

(2) Comprehensive plans and development regulations adopted by the County under Chapter 36.70A RCW (the Growth Management Act), subarea plans, and environmental policies, laws and rules adopted by the County, the State, and the federal government, address a wide range of environmental subjects and impacts. These provisions typically require environmental studies and contain specific standards to address various impacts associated with a proposed development, such as building size and location, drainage, transportation requirements, and protection of environmentally sensitive areas. When the County applies these existing requirements to a proposed project, some or all of a project’s potential environmental impacts may be avoided or otherwise mitigated. Through the integrated project review process described in this chapter, the Administrator will determine whether existing requirements, including the applicable regulations or plans, adequately analyze and address a project’s environmental impacts. Project review generally should not require additional studies and mitigation under Chapter 43.21C RCW (SEPA) where existing regulations adequately address a proposed project’s probable significant adverse environmental impacts. Development regulations generally enable project review through the application of established scientific standards, required studies and standard mitigation measures.

26.10.030 Administration.

The Administrator of this chapter shall be the Director of the Department of Community Development and/or his/her designee.

26.10.040 Definitions.

(1) “Appellant” means a person, organization, association or other similar group who files a complete and timely appeal of a decision in accordance with Clallam County Code.

(2) “Applicant” means a person (or persons) who is the legal owner of the subject property or the representative authorized in writing of the owner of the subject property and who has applied for a land use permit. If a personal representative has been authorized in writing to proceed on behalf of the property owner with an application, the County shall deal exclusively with that representative as the primary contact for the application proposal.

(3) “Application” means any land use or environmental permit or license required from the County for a proposed development or action subject to this chapter, including, but not limited to, building permits subject to SEPA, zoning conditional use or variances, land divisions, shoreline substantial development permits or conditional uses or variances or exemptions, and critical areas permits. For those applications subject to this chapter, three categories or classifications of the different permit types and processes are established, titled Types I, II, and III.

(4) Closed Record Appeal. A “closed record appeal” is held by the appropriate decision-making body to act on such appeal on the record or decision following the conclusion of an open record hearing held on an application whereby the appeal involves a review of the record or decision with no new evidence or information allowed to be submitted unless it could not with reasonable diligence have been discovered and produced at the open record hearing. Only written appeal argument will be allowed by the person(s) filing such appeal, the applicant if different than the appellant, and any parties of record. Argument shall be based on the record. The closed record appeal is held at either a regularly or specially scheduled meeting by the appropriate authority to act on such appeal. An example of a closed record appeal would be an appeal to the Board of Commissioners of the Hearing Examiner’s decision on a Type III permit.

(5) “Complete application for processing” shall refer to a development application subject to this chapter, which has been determined by the review staff to contain the minimum application requirements specified under CCC 26.10.310. Determining an application to be complete for processing shall not prevent the review authority from requesting additional information relating to the proposal if that is necessary for reaching an informed decision.

(6) Days. All “days” mean calendar days unless otherwise specified.

(7) “Decision” means a final determination on a land use permit application by the designated decision-making body.

(8) “Decision-making body” means that officer or body prescribed by applicable County regulations as having the authority to approve, approve with conditions, or deny a project permit in accordance with adopted County regulations; this may include the Administrator of the applicable regulation, the Hearing Examiner or the Board of Clallam County Commissioners, as prescribed.

(9) Open Record Appeal Hearing. An “open record appeal hearing” is conducted by a single hearing body or officer as the appropriate decision-making body which is authorized by the Board of County Commissioners to conduct such hearing in accordance with the applicable regulation that creates the record through testimony and submission of evidence and information under procedures prescribed by the adopted regulation(s). An example of an open record appeal hearing would result from an appeal of the Administrator’s decision on a Type I permit.

(10) “Open record hearing” means a hearing conducted by a single hearing body or officer as the appropriate decision-making body as authorized by the Board of County Commissioners to conduct such hearing in accordance with the applicable regulation that creates the record through testimony and submission of evidence and information under procedures prescribed by the adopted regulation(s). An example of an open record hearing would be a Hearing Examiner hearing on a Type III permit.

(11) “Parties of record” includes the applicant and those persons who have provided oral testimony at an open record hearing or who have provided written comments that form part of the public record and those persons who have requested notification of the permit decision.

(12) “Permit type” means a categorization of different permits and actions into types due to similarity of procedures.

(13) Project Permit or Project Permit Application. See “Application.”

(14) Reconsideration. A request for “reconsideration” of the decision-making body’s decision may be made by any party of record in accordance with CCC 26.10.600 for the purposes of providing additional information or evidence on the application which was not available at the time of the public hearing or the date of decision, or for the purposes of clerical or factual corrections.

(15) “Record” means the oral testimony and written documents presented and accepted at an open record hearing or mailed to the County as part of the public comment.

(16) “Vested application,” for the purposes of this chapter, means a permit application subject to the County regulations in effect on the date submitted, provided the said application is determined to be complete for processing pursuant to CCC 26.10.320. If further information is requested pursuant to CCC 26.10.320(2), vesting shall occur on the date on which the final information that results in a complete application for processing is submitted. The application shall be considered vested until final approval has been granted or the permit application has expired. The term “vested application” shall not in any way imply or otherwise indicate the granting of approval of a permit, or imply license to proceed with development related to the underlying vested application.

Part Two. Applicability and Categories of Permit Processing

26.10.200 Applicability and exemptions.

This chapter shall apply to permit applications as listed in CCC 26.10.210 for land developments pursuant to the following titles and chapters of the Clallam County Code. Any other land use permit application is exempt from the provisions of this chapter.

(1) Chapter 33.57 CCC, Sign Code;

(2) Chapter 26.01 CCC, Planning Agency;

(3) Chapter 26.04 CCC, Hearing Examiner Code;

(4) Chapter 27.01 CCC, Environmental Policy Code;

(5) Chapter 27.12 CCC, Critical Areas Code;

(6) CCC Title 29, Land Division Code;

(7) CCC Title 33, Zoning Code;

(8) Chapter 35.01 CCC, Shoreline Management Code.

26.10.210 Categories of application types.

(1) The decision-making body authorized for a certain type of permit or action is specified by the applicable regulation. For the purposes of this section, the Clallam County Hearing Examiner shall be the decision-making body for Type III permits filed under those regulations stipulating the Board of Adjustment or the Shorelines and Sensitive Areas Committee as the review authority.

(2) Types of Permits or Actions and Decision-Making Body. Land use applications which are subject to this chapter are classified into three major categories based on the permit review process: (i) Type I, administrative with no public notice; (ii) Type II, administrative with limited public notice; and (iii) Type III, quasi-judicial with full public notice.

(a) Type I – Administrative without Public Notice. Type I permit decisions are made by the Administrator or his/her designee. Administrative review shall include the application of clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues. Type I permits are exempt from all permit processing requirements as set forth in this chapter, except for appeal procedures set forth in Part Six, and limitations to permit processing timelines set forth in CCC 26.10.540. Appeal of Type I permits shall be heard by the Hearing Examiner in an open record appeal hearing. Decisions on appeals of Type I permits made by the Hearing Examiner may be appealed through a closed record appeal procedure to the Board of Commissioners. Type I permits include the following types of land use applications:

(i) Boundary line adjustments pursuant to CCC Title 29, Land Division Code;

(ii) Lot combinations pursuant to CCC Title 29, Land Division Code;

(iii) Interpretations of the Zoning Code or other development regulations, which are not associated with the processing of a specific permit Issued by the Department of Community Development;

(iv) Review of special reports pursuant to Chapter 27.12 CCC, Critical Areas Code;

(v) Short plat alterations or vacations pursuant to CCC Title 29, Land Division Code;

(vi) Large lot division alterations or vacations pursuant to CCC Title 29, Land Division Code;

(vii) SEPA threshold decisions not associated with other land use permits regulated under this chapter;

(viii) Shoreline exemptions pursuant to Chapter 35.01 CCC;

(ix) Certificate of compliance and buffer averaging requests pursuant to Chapter 27.12 CCC, Critical Areas Code.

(b) Type II – Administrative with Public Notice. Type II permit decisions are made by the Administrator or his/her designee. Administrative review shall include the application of clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues. Type II permits shall be reviewed for all permit processing requirements as set forth in this chapter. Appeal of Type II permits shall be heard by the Hearing Examiner in an open record appeal hearing. Decisions on appeals of Type II permit made by the Hearing Examiner may be further appealed through a closed record appeal procedure to the Board of Commissioners. Type II permits includes the following types of land use applications:

(i) Preliminary short plat approvals pursuant to CCC Title 29, Land Division Code;

(ii) Preliminary large lot division approvals pursuant to CCC Title 29, Land Division Code;

(iii) Administrative variance applications pursuant to Chapter 33.57 CCC, Sign Code.

(c) Type III – Quasi-Judicial. Type III permit decisions are made by the Hearing Examiner with appeals of Type III permit decisions to be heard by the Board of Commissioners. Authority and procedures for open and closed record hearings before the Hearing Examiner are guided by this chapter, Chapter 26.04 CCC, Clallam County Hearing Examiner Code, the rules of proceedings of the Clallam County Hearing Examiner, and any other applicable development regulation. Type III permits includes the following types of land use applications:

(i) Preliminary approval of a subdivision or binding site plan pursuant to CCC Title 29, Land Division Code;

(ii) Variances pursuant to CCC Title 29 CCC, Land Division Code;

(iii) Zoning conditional use and variances pursuant to CCC Title 33, Zoning Code;

(iv) Critical area variances and reasonable use exceptions pursuant to Chapter 27.12 CCC, Critical Areas Code;

(v) Shoreline substantial development, conditional use and variances pursuant to Chapter 35.01 CCC, Shoreline Management Code, and the Shoreline Master Program;

(vi) PUDs, cluster, master planned resorts pursuant to CCC Title 29, Land Division Code, and CCC Title 33, Zoning Code);

(vii) Variances pursuant to Chapter 33.57 CCC, Sign Code.

26.10.220 Summary tables of permit type categories and processes.

(1) Overview of Permit Process for Each Permit Type.

Permit Action Type and Permit Procedure
	Type I	Type II	Type III
Notice of application and public notice required	Yes (including: Summary notice of decision)	Yes (including: Notification of neighboring residents, posting of property, and summary notice of permit decision)	Yes (including: Posting of property, notification of neighborhood residents, and notification in local newspaper)
Public hearing required	No	No	Yes
Final decision by (decision-making body)	Administrator	Administrator	Hearing Examiner
Type of appeal process and appeal authority	Two appeals: Open record appeal hearing before Hearing Examiner followed by a closed record appeal before the Board of Commissioners	Two appeals: Open record appeal hearing before Hearing Examiner followed by a closed record appeal before the Board of Commissioners	One appeal: Closed record appeal before the Board of Commissioners

(2) Categories of Permit Types.

List of Permits or Actions by Category
Type I Administrative	Type II Administrative	Type III Quasi-Judicial (Hearing Examiner)
Boundary line adjustments and lot combinations pursuant to CCC Title 29, Land Division Code	Short plats pursuant to CCC Title 29, Land Division Code (new applications)	Preliminary decision on subdivisions (new, alteration, vacations) and binding site plans; all variances to CCC Title 29, Land Division Code
Administrative interpretations pursuant to CCC 26.10.555 which are not associated with the processing of a specific permit issued by the Department of Community Development	Large lot divisions pursuant to CCC Title 29, Land Division Code (new applications)	Zoning conditional uses and variances pursuant to CCC Title 33, Zoning Code
Review of special reports, buffer averaging and issuance of certificate of compliance pursuant to Chapter 27.12 CCC, Critical Areas Code	Administrative variances pursuant to Chapter 33.57 CCC, Sign Code	Variances and reasonable use exceptions pursuant to Chapter 27.12 CCC, Critical Areas Code
Alteration or vacation of a short plat or large lot division pursuant to CCC Title 29, Land Division Code		Shoreline substantial development, conditional use and variance permits pursuant to Chapter 35.01 CCC, Shoreline Management Code, and the Clallam County Shoreline Master Program
SEPA threshold decisions not associated with other land use permits listed in this table		PUD, cluster developments, MPRs pursuant to CCC Title 33, Zoning Code
Shoreline exemptions pursuant to Chapter 35.01 CCC, Shoreline Management Code		Variances pursuant to Chapter 33.57 CCC, Sign Code

26.10.230 Optional preapplication meetings.

(1) All prospective applicants for Type I – III permits may apply for a preapplication meeting on the preapplication form provided by the Administrator. The preapplication meeting fees, paid to the Department of Community Development, will be applied to the subsequent land use permit application, if applicable. The preapplication meeting shall take place at the County courthouse unless otherwise agreed.

(2) The purpose of the preapplication meeting is to provide the applicant with the best available information regarding the application requirements and development information necessary for review prior to expenditure of the application fees and scheduling of the application review process. The preapplication meeting provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed application. The preapplication meeting shall include review of the application and permit requirements, fees, review process and schedule, applicable standards, plans, policies, and laws.

(3) Scheduling of the preapplication meeting should be made within fifteen (15) calendar days of the date of the request submitted on forms provided by the Administrator unless otherwise authorized by the applicant, along with the appropriate fee in accordance with Chapter 3.30 CCC, Fee Schedule. If for any reason key staff is unable to attend a scheduled preapplication meeting, the applicant shall have the opportunity to reschedule the meeting for a later time during which pertinent staff are available to attend.

(4) The Administrator shall provide a brief, written summary of the meeting to the applicant within ten (10) calendar days unless otherwise authorized by the applicant. The summary shall refer to applicable code sections that apply to such proposals and describe any additional research or legal opinions that are needed. The summary shall also state that the findings of the report shall be in accordance with adopted regulations as they apply and shall not bind or prohibit the County’s future application or enforcement of all applicable regulations.

(5) The discussion at the preapplication meeting or content of the summary of the preapplication meeting shall not bind or prohibit the county’s future enforcement of applicable regulations.

Part Three. Permit Processing – General Requirements

26.10.310 Content of application.

An application shall contain all materials required by the applicable provisions of the Clallam County Code, including the following:

(1) A completed application form, including a SEPA checklist when applicable.

(2) Applications shall be filed with the Department of Community Development, Planning Division, by the property owner or by an authorized agent who is granted said authorization in writing.

(3) A legal description, including a copy of the most recent deed, tax parcel number, and site plan which identifies all easements, natural features, legal access and restrictions or encumbrances restricting the use of the property, if applicable.

(4) A filing fee in the amount established under Chapter 3.30 CCC, Fee Schedule, paid to the Department of Community Development, Planning Division, at the time an application is made.

(5) All permit applications shall include the information specified in the chapter of the County Code pertaining to the specific type of development permit being applied for. The County may require such additional information as reasonably necessary to fulfill and properly evaluate the proposal.

(6) At every stage of the permit application process, the burden of demonstrating that any proposed development is consistent with this chapter and other applicable, adopted regulations, is upon the applicant.

(7) When multiple owners or applicants are involved, the County shall require the designation of a single person or entity to receive determinations and notices and to be the primary contact.

26.10.320 Determination of completeness for processing.

(1) Within twenty-eight (28) days of receiving an application for a Type II – III permit, the County shall review the application and provide the applicant with a written determination that the application is complete for processing or incomplete. A Type II – III permit application shall be declared complete for processing only when it contains all of the following materials or information:

(a) A fully completed, signed and acknowledged development permit application on the form provided by the Administrator.

(b) A fully completed, signed and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act.

(c) All applicable review fees pursuant to Chapter 3.30 CCC, Fee Schedule.

(d) The information specified for the desired permit in the appropriate chapter of the County Code.

(2) For applications determined to be incomplete, the County shall identify in writing the specific requirements or information necessary to constitute a complete application for processing. Upon submittal of the additional information, the County shall, within fourteen (14) days, either issue a determination of completeness or identify what additional information is required. The process shall be repeated until the application is deemed complete for processing or until a time period of 120 days has elapsed. If no response or request to withdraw the application is received after sixty (60) days of notifying the applicant of needed information, or 120 days of receipt of the application, whichever is earlier, the Administrator shall make a written determination that the application has been abandoned. The application is therefore withdrawn, and the application fee is forfeited. The county shall notify the applicant fourteen (14) days prior to making a determination that the application has been abandoned. The notification shall be made in person, or by certified mail with return receipt requested.

(3) A determination of completeness shall not preclude Clallam County from requesting additional information or studies if more information is required or a change in the proposed development occurs.

(4) Exceptions to these time limits are further outlined in CCC 26.10.540.

(5) A determination of completeness issued pursuant to this section shall not provide assurance or otherwise imply that a permit application will be approved.

(6) An application shall be deemed complete for processing under this subsection unless a written determination of incompleteness is provided to the applicant within twenty-eight (28) days of the date of application submittal pursuant to subsection (1) of this section, or within fourteen (14) days of providing requested information pursuant to subsection (2) of this section. For the purpose of establishing the permit process timeline required under subsection (2) of this section, such applications shall be considered complete for processing on the date the County response is due unless notice of incomplete application is issued consistent with this subsection.

26.10.330 Vesting of application.

Applications described in CCC 26.10.210(2) shall become vested on the date submitted, provided the said application is determined to be complete for processing pursuant to CCC 26.10.320. If further information is requested pursuant to CCC 26.10.320(2), vesting shall occur on the date on which the final information that results in a complete application for processing is submitted. The application shall be considered vested until final approval has been granted or the permit application has expired. The term “vested application” shall not in any way imply or otherwise indicate the granting of approval of a permit, or imply license to proceed with development related to the underlying vested application. Thereafter, the application shall be reviewed pursuant to the adopted regulations, codes, or other laws in effect on the date of vesting, consistent with the following:

(1) An application described in CCC 26.10.210(2) that is deemed complete for processing is vested for the specific use, density, and physical development that is identified in the application submittal and shall be subject to all development regulations in effect on the date of vesting, as conditioned by the review authority. An application shall be considered vested as long as the permit application or approval is considered valid by the underlying regulation. A final decision for a permit application pursuant to this subsection shall be made on the basis of the applicable regulations in effect on the date the application is deemed complete for processing.

(2) An application received by the Department of Community Development that is not described in CCC 26.10.210(2) shall be governed by those standards which apply to said application and shall not vest for any additional permits, licenses or development regulations beyond the immediate scope of the specific application.

(3) If substantial modifications are made to an application that was complete for processing, the application shall no longer be considered complete. The application will not be considered vested until a new determination of completeness has been made. Modifications shall not require a new application or revised public notice if the changes are determined not to be substantial. However, any modification may require additional fees or supporting information as necessary for consistent and informed review. Conditions required by the Department of Community Development for approval of an application shall not be considered substantial modifications. Modifications to an application that exceed the standards established by the underlying regulation(s) shall not be permitted. For the purpose of this subsection, modifications shall be considered substantial if one or more of the following applies:

(a) The modification adds more than twenty-five (25) percent gross square footage to proposed structures on the site;

(b) The perimeter boundaries of the original site are extended by more than five (5) percent of the original lot area;

(c) The modification increases the overall impervious surface on the site by more than twenty-five (25) percent;

(d) The modification increases the overall residential density of the development;

(e) The modification increases or substantially relocates points of access, unless supported by a revised traffic analysis;

(f) The modification reduces designated open space by more than ten (10) percent; or

(g) The modification consists of changing the intended use of the original proposal to a new use.

(4) Timelines for valid duration and expiration of a development permit shall be governed by the applicable regulation and/or as specifically conditioned by the review authority. The applicant shall be responsible for monitoring time limitations and deadlines for a specific application. The County shall not be responsible for maintaining a valid application. If an application subject to this chapter expires, the applicant may file a new application, but shall be subject to the development regulations in effect on the date the new application is deemed complete for processing.

(5) An applicant may voluntarily waive vested rights at any time during the processing of an application by submitting a written and signed waiver to the Administrator stating that the applicant agrees to comply with all development regulations in effect on the date of delivery of the waiver request.

26.10.340 Application review criteria and agency comment.

(1) Application review criteria for Type I – III permits shall be governed by and be consistent with the fundamental land use planning policies which have been established in the comprehensive plans and development regulations. The review process shall consider the type of land use allowed at the proposed site, the density and intensity of the proposed development, the infrastructure available and needed to serve the development, the cumulative effects the development may have in relation to similar developments in the vicinity, the characteristics of the development and its consistency with development regulations. In the absence of applicable development regulations, the applicable development criteria in the comprehensive or subarea plan adopted under CCC Title 31 and Chapter 36.70A RCW (the Growth Management Act) shall be determinative.

(2) Application Review and Agency Comment.

(a) The purpose of reviewing an application is to ensure that adequate information is contained in the application materials to demonstrate consistency with applicable comprehensive plans, development regulations and other applicable County codes. The project planner will coordinate the involvement of agencies responsible for the review of the proposals under his/her authority.

(b) The project planner assigned to the permit application shall circulate the application to the appropriate review agencies, including other County Departments or Divisions of the Department of Community Development. Comments shall be returned to the project planner within ten (10) days.

(3) Optional Consolidated Review.

(a) When requested by the applicant, the County shall provide a single application review and approval process covering all development permits required by an applicant for all or part of a project action and shall designate a single permit coordinator for such review. Review fees are established by Chapter 3.30 CCC, Fee Schedule. All notices required shall provide an explanation of each permit application type being applied for and shall also include the determination of completeness, notice of application and notice of decision as specified in this chapter.

(b) If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of decision must include all project permits being reviewed through the consolidated permit review process.

(c) In the case of consolidated permit review of Type I or II permits, the Administrator shall make the final decision unless appealed.

(d) In the case of consolidated project permit review which includes a Type III permit, the Hearing Examiner shall conduct the consolidated open record public hearing and shall make the final decision, subject to appeal procedures set forth in CCC 26.10.630.

26.10.350 Integrated project and SEPA review.

(1) The Administrator may determine that requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of the project’s specific probable significant adverse impacts to which the requirements apply.

(2) Nothing in this section limits the County’s authority to approve, condition, or deny a project as provided in its development regulations adopted under Chapter 36.70A RCW (the Growth Management Act) and in its policies and criteria adopted under Chapter 43.21C RCW, including project review under Chapter 27.01 CCC, SEPA Code, and Chapter 27.12 CCC, Critical Areas Code.

Part Four. Public Notice

26.10.400 Notice of development applications.

For all Type II and III permits, a notice of development application is required which shall comply with this section.

(1) Within fourteen (14) days of issuing a determination of completeness under this chapter and no less than fifteen (15) days prior to a public hearing, if any, the County shall issue a notice of development application for those project permits specified as Type II or III permits pursuant to this chapter. This notice does not substitute for any other required notice but may be combined with other notices where feasible. The notice shall include, but not be limited to, the following:

(a) Name of the applicant;

(b) Date of application;

(c) Dates of the determination of completeness and the notice of application;

(d) Location and description of the development, including an address or road name and legal description;

(e) Requested permits, actions, and/or studies;

(f) Statement of the public comment period, including SEPA comments, which shall be not less than fourteen (14) days nor more than thirty (30) days following the date of the notice of all development applications. The notice of application may include the notice of public hearing where feasible;

(g) Statement providing information about the right of any person who is a party of record to comment on the application, to receive notice of and participate in any hearings and to request a copy of the decision once made;

(h) Identification of existing environmental documents that evaluate the proposed project and location where the application and any studies can be reviewed;

(i) The County staff contact person and phone number;

(j) Date, time and place of the public hearing or public meeting, whichever is applicable;

(k) Statement of the SEPA threshold determination, if applicable, if one has been made at the time of notice or the date the permit is to be issued;

(l) Statement that the decision on the application will be made within 120 days of the date of the determination completeness, except as provided in CCC 26.10.540;

(m) Statement of preliminary determination of consistency with applicable development regulations and the Comprehensive Plan and of those development regulations that will be used for project mitigation and the determination of consistency;

(n) The names of other permit agencies that may have jurisdiction over the application to the extent known by either the applicant or Clallam County.

26.10.410 Methods of public notice.

(1) Type II Permits – Limited Public Notice. A notice of development application for a Type II permit shall be sent by mail by the Administrator. The applicant is responsible for mailing costs of said notice and shall obtain the official list of names and addresses from the County Assessor’s office. If the applicant/owner of the proposed project permit owns contiguous property to the project, notice shall apply to the boundaries of such contiguous parcels. Public notice shall be mailed to the property owner(s), applicant(s), authorized agents, and also to all owners of adjacent properties that abut the subject property or properties under contiguous ownership of the owner/applicant of the subject permit within fourteen (14) days of issuing a determination of completeness for processing. For the purposes of this section, properties separated by public right-of-way are considered to be adjacent properties.

(2) Type III Permits – Full Public Notice. A notice of development applications for a Type III permit shall be sent by mail by the Administrator not less than fifteen (15) days prior to the open record public hearing. The applicant is responsible for mailing costs of said notice and shall obtain the official list of names and addresses from the County Assessor’s office. If the applicant/owner of the proposed project permit owns contiguous property to the project, notice shall apply to the boundaries of such contiguous parcels. Public notice is mailed to the property owner(s), applicant(s), authorized agent(s), and also to all owners of adjacent properties as follows:

(a) The owners of property within 300 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as being within an urban growth area by the Comprehensive Plan, CCC Title 31.

(b) The owners of property within 600 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as being a rural designation by the Comprehensive Plan, CCC Title 31.

(c) The owners of property within 1,000 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as commercial forest, commercial forest/mixed use, or agricultural overlay by the Comprehensive Plan, CCC Title 31.

(3) Posting Property. A notice of development application for Type II and III permits, in the form of a sign and written notice provided by the County, shall be posted on the subject property not more than ten (10) days after notification that the application is deemed complete for processing nor less than fifteen (15) days prior to the date of a hearing, if applicable. An affidavit of posting shall be submitted by the applicant for the record. The notice shall remain on the property throughout the duration of the application review period and shall be replaced immediately upon knowledge of its removal. Failure to provide public notice due to unauthorized removal of duly posted signs beyond the control of the applicant shall not invalidate any proceedings required in this chapter. The sign shall be placed in the most visible area possible along a public right-of-way; if no public right-of-way is adjacent to the subject property, the sign shall be placed along an ingress/egress easement or another area as determined by the Administrator.

(4) Failure to send notice by mail to any such property owner where the address of said owner is not a matter of public record or because the ownership is not of public record shall not invalidate any proceedings required in this chapter. Documents of record with the County Assessor’s office shall be controlling as to the status of legal ownership.

(5) When public hearings are required for those project permits subject to this chapter for Type III permits, notice of public hearing shall be combined with notice of application where feasible. Should a conflict on public notice proceedings occur, the procedures adopted in this chapter shall apply.

(6) Publishing a public notice. When required, a notice of public hearing shall be published in a newspaper of general circulation at least once, not less than fifteen (15) days prior to the date set for the hearing.

(7) Summary Notice of Administrative Permit Decisions. On the day a decision on a Type I or Type II permit is issued, the Administrator shall prepare and post a notification report of the decision. The report shall include the name(s) of the applicant(s), the address or location of the subject property, a brief description of the subject proposal, and the decision. The notice shall be posted in a public location at the office of the Department of Community Development and be available during normal business hours in such location for the duration of the fourteen (14) day appeal period required under CCC 26.10.610(4). The Planning Division is also authorized and directed to provide additional notification methods where practicable.

26.10.420 Public hearing limitation.

(1) There shall be no more than one open record hearing and one closed record appeal conducted by the County on any application regulated by this chapter, except for those applications which are associated with a determination of significance under Chapter 43.21C RCW, SEPA, and Chapter 27.01 CCC, SEPA Code.

(2) If an applicant so requests, a hearing on any project permit shall be combined with any hearing held by another local, state, regional, federal, or other agency; provided, that the hearing is held within the geographic boundary of the County; and provided, the joint hearing can be held within the time period specified in this chapter or the applicant agrees to an alternate schedule in the event that additional time is needed in order to combine the hearings.

26.10.430 Special procedures for Shoreline Master Program permits.

In accordance with Chapter 90.58 RCW and Chapter 173-27 WAC (the Shoreline Management Act), public notice for a shoreline substantial development, shoreline conditional use and shoreline variance shall comply with this chapter, except that the mailing and legal advertisement for the public hearing shall be made not less than thirty (30) days prior to the open record public hearing. Posting of the property shall comply with CCC 26.10.410(3).

Part Five. Application Review and Approval Process

26.10.500 Administrator authority for Type I and II permits.

(1) The Administrator may approve, approve with conditions, or deny all Type I and II permit applications. The Administrator’s decisions for Type I or II permits section shall be final on the date issued unless appealed.

(2) As provided in CCC 26.10.400 and 26.10.400(1), a notice of application is required for all Type II permits whereby the Administrator shall not take action on said permit prior to the expiration of the comment period, which shall not be less than fourteen (14) days.

(3) Any interested person may inquire and provide written comments on any Type I or II permits, which shall be considered by the Administrator.

(4) A notice of decision is required for Type I and II permits. The notice of decision shall contain the information specified and be consistent with CCC 26.10.560. In addition to the approval criteria listed in applicable adopted regulations, the Administrator shall not approve a permit application unless it is consistent with CCC 26.10.550. Written findings of fact and conclusions of law for Type I – II permits are required by this chapter.

26.10.510 Hearing Examiner for Type III permits.

(1) The Hearing Examiner may approve, approve with conditions, or deny all Type III permits or Type I – II appeals. The Hearing Examiner’s decisions under this section shall be final on the date issued unless appealed. The required notice of decision for this action may be in the form of a permit issued by the Administrator and shall be consistent with CCC 26.10.560.

(2) Required Findings. In addition to the approval criteria listed in applicable adopted regulations, the Hearing Examiner shall not approve a permit application unless it is consistent with CCC 26.10.550. Written findings of fact and conclusions of law for Hearing Examiner decisions are required by this chapter.

26.10.520 Special procedures for Board action on final subdivisions.

As the legislative authority for Clallam County, the Board shall grant final approval for all subdivisions under CCC Title 29. The Administrator shall forward the final subdivision to the Board along with a written recommendation on whether or not it meets the requirements set forth for preliminary approval and, if recommending approval, shall transmit the final subdivision for the Board signature whereby the Board shall take final action by majority vote at a regular public meeting; a public hearing is not required. No public notice is required for final approval of subdivisions but the action shall be included as an agenda item for the regular meeting. The Board’s final action may be appealed to the Superior Court in accordance with State law and Chapter 36.70C RCW.

26.10.530 Procedures for open record public hearings or open record appeal hearings.

(1) Procedures for Open Record Public Hearings. Open record public hearings and open record appeal hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall create or supplement an evidentiary record upon which the body will base its decision in addition to the procedures set forth by this chapter. Questions directed to the staff or the applicant shall be posed by the chair at its discretion. In cases where scientific standards and criteria affecting project approval are at issue, the chair shall allow orderly cross-examination of expert witnesses presenting reports and/or scientific data and opinions. The decision-making body may address questions to any party who testifies at a public hearing. The chair shall open the public hearing and, in general, observe the following sequence of events:

(a) Staff presentation, including submittal of any administrative reports prepared for the permit decision or as response to an appeal, if applicable.

(b) Applicant presentation, including submittal of any materials.

(c) Testimony or comments by the public germane to the matter.

(d) Rebuttal, response or clarifying statements by the staff, the applicant, the appellant and the parties of record at the chair’s discretion.

(e) The evidentiary portion of the public hearing shall be closed and the decision-making body shall deliberate on the matter before it.

(2) Hearings shall be electronically recorded and such recordings shall be a part of the official record. Copies of the recordings shall be made available to the public for reasonable costs. Transcripts of the hearings are not provided unless requested and paid for by the requester.

(3) Rights and Responsibilities of Parties.

(a) Clallam County has the right to present evidence and testimony, object, make motions, arguments, recommendations and all other rights essential to a fair hearing.

(b) Clallam County has the responsibility to provide public notice in compliance with this chapter, provide a staff report at least seven (7) days prior to a hearing, provide a recommendation, present materials at hearings, provide the decision-making body with documentation relevant to the case, and provide revised plans if received within seven (7) days of the hearing.

(c) Every applicant or appellant shall provide the decision-making body with material that supports his/her case, be prepared for questions at the public hearing, and be courteous to all who participate in the proceedings.

(d) Every party of record, including the applicant or appellant, if applicable, shall have the right to present evidence and testimony at hearings, except as expressly limited for closed record appeal hearings as set forth in CCC 26.10.630. The right of parties of record to cross-examine, object, submit motions and arguments shall be at the discretion of the decision-making body. The decision-making body may impose reasonable limitations on the number of witnesses and length of testimony, as well as the amount and style of cross-examination.

(e) Parties of record shall conduct themselves with civility and deal courteously with all involved in the proceedings.

26.10.540 Time limit for final decision – Exceptions.

(1) One Hundred Twenty (120) Day Time Limit. The final decision on project permit applications categorized as Type II – III shall be made within 120 days from the date of the determination of completeness. The time limit for the processing of Type I permits shall not exceed 120 days from the date of application.

(2) Excluded Time Periods. In determining the number of days that have elapsed after the County has notified the applicant that the application is complete for processing, the following periods shall be excluded:

(a) Any period during which the applicant has been requested by the County to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the County notifies the applicant of the need for additional information until the date the County determines the additional information satisfies the request for information or fourteen (14) days after the date the information has been provided to the County, whichever is earlier;

(b) If the County determines that the information submitted by the applicant under subsection (2)(a) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (2)(a) of this section shall apply as if a new request for studies had been made;

(c) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, Chapter 197-11 WAC (SEPA), and Chapter 27.01 CCC (SEPA Code);

(d) Any period for administrative appeals of project permits or SEPA appeals not to exceed ninety (90) days for open record appeal hearings or sixty (60) days for closed record appeal hearings;

(e) Any extension of time mutually agreed upon by the applicant and the County;

(f) Any reconsideration action to the Administrator or Hearing Examiner.

(3) Time Limits Exceptions for Certain Applications. The 120-day time limit shall not apply if a project permit application:

(a) Requires an amendment to the Comprehensive Plan text or map, or a development regulation;

(b) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.07A.200; or

(c) Is substantially revised by the applicant, consistent with CCC 26.10.330(3).

(4) Overview of Standard Permit Process Timelines.

Standard Process Timelines by Permit Category
Timeline Element	Type I	Type II	Type III
A determination of complete application for processing, or incomplete application, shall be issued 28 days form the date the application if submitted.	No	Yes	Yes
For applications determined to be incomplete, a new determination of completeness or incompleteness shall be issued 14 days from the date the requested new information has been submitted. This process shall be repeated until the application is deemed complete for processing.	No	Yes	Yes
Once deemed complete for processing, the review authority shall provide a decision on the underlying permit within 120 days for the date of completeness.	Yes (from date of application)	Yes	Yes
Appeal Period – A permit issued by Clallam County that is subject to this chapter shall not be acted upon within 14 days of the date the decision is placed in the mail, to allow for any appeals of the decision.	Yes	Yes	Yes
Appeal Process – The review authority for an appeal received pursuant to this chapter shall issue a decision on the appeal within 90 days of submittal of application for administrative or SEPA appeals, and within 60 days of application for closed record appeal hearings.	Yes	Yes	Yes
Note – Exceptions to these timelines are specified under CCC 26.10.330(3) and 26.10.540.	Yes	Yes	Yes

(5) Time Limit Extensions. If the County is unable to issue its final decision within the allowed time limit, it shall provide written notice of this fact to the project applicant; provided, that any extension of such time limit for a permit decision shall not exceed one additional time period according to permit type or action. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of final decision.

(6) Liability Limitation. The County shall not be liable for damage due to a failure to make a final decision within the time limits established in this chapter.

26.10.550 Project consistency.

(1) During review of Type I – III permits, the County shall determine a proposed project’s consistency, including conformity and compliance with the County’s regulations adopted under Chapter 36.70A RCW. In the absence of applicable development regulations, the appropriate elements of the Comprehensive Plan under Chapter 36.07A RCW, shall be used to evaluate the proposal in relation to the following:

(a) The type of land use;

(b) The level of development, such as units per acre or other measures of density;

(c) Infrastructure, including public facilities and services needed to serve the development; and

(d) The character of the development, such as development standards.

(2) During review of Type I – III permits, the County shall not re-examine alternatives or hear appeals on the items identified in subsection (1) of this section, except for issues of code interpretation.

(3) In making the County’s determination of consistency, the determinations shall be controlling, but shall not limit the County from asking more specific or related questions.

26.10.555 Code interpretation.

(1) The Administrator may be requested to interpret the provisions of development regulations subject to this chapter. Such request shall be in writing and shall be specific as to the issue of interpretation. The Administrator shall obtain legal consultation from the Prosecuting Attorney as necessary and the Board of Commissioners as required under CCC 26.01.070, Planning Agency Code, to ensure consistency with spirit and intent of the subject regulation. The Administrator may request additional information or clarification as deemed necessary to evaluate the interpretation request.

(2) The Administrator may be required to interpret the provisions of development regulations as a matter of review procedures during the processing of a permit or license subject to those County ordinances specified under CCC 26.10.200. The Administrator shall obtain legal consultation from the Prosecuting Attorney as necessary and the Board of Commissioners as required under CCC 26.01.070, Planning Agency Code, to ensure consistency with spirit and intent of the subject regulation. The Administrator may request additional information or clarification as deemed necessary to evaluate the interpretation request.

(3) Any final decision on a request for code interpretation shall be in writing and shall contain findings that relate to a section or sections of the Comprehensive Plan or regional plans as they apply.

(4) During the review of a code interpretation, the Administrator may defer consideration of the interpretation at his/her discretion to the Hearing Examiner. The Hearing Examiner may request additional information or clarification as deemed necessary to evaluate the interpretation request.

(5) Decisions on code interpretations made by the Hearing Examiner are appealable to the Board of Clallam County Commissioners pursuant to CCC 26.10.630. Decisions on code interpretations made by the Administrator are appealable to the Hearing Examiner pursuant to CCC 26.10.620. Any decision on a code interpretation pursuant to this section resulting in, or directly associated with a permit decision, may be considered by the review authority during appeal proceedings for the underlying permit, unless said interpretation was specifically appealed according the procedures contained herein prior to the permit decision.

(6) The Administrator shall maintain a clear record of all determinations relating to code interpretation. In cases involving appeals, the appellate decision shall be maintained with the record of the underlying request. All final decisions of code interpretation shall be in written form and shall be available in the office of the Department of Community Development for public inspection during regular office hours.

26.10.560 Project decision – Notice of decision.

Upon issuance of the decision on a Type I – III permit, the Administrator shall mail the final decision to the applicant within the time limits provided by CCC 26.10.540, to any parties of record or persons who have filed a written request for a copy of the decision, and to the County Assessor. The notice of decision shall include the following:

(1) A statement of the applicable review criteria and standards in the development codes and other applicable laws;

(2) A statement of the findings and conclusions of the decision-making body, as applicable;

(3) A statement of the threshold decision made under Chapter 27.01 CCC, SEPA Code, including any mitigation required under SEPA or applicable development regulations;

(4) A statement of all permit decisions made on the application to date;

(5) A statement that the decision is final unless it is appealed; guidance for appeal procedures shall be included with the notification;

(6) A statement that the complete project file is available for review or copying during normal business hours, and the name of the Department contact person.

(7) As provided in RCW 36.70B.130 (Regulatory Reform Act), affected property owners may request a change in valuation for property tax purposes which shall be determined by the County Assessor.

Part Six. Reconsideration and Appeal of Decisions

26.10.600 Procedures for reconsideration.

The applicant or a party of record for a Type I – III permit may seek reconsideration of a final decision only by filing a written request on a form provided by the Administrator within ten (10) calendar days of the mailing of the written decision. The decision-ma