Chapter 1.68
LAND USE PERMITS – ADMINISTRATION

Sections:

1.68.040  Required combined SEPA permit application.

1.68.080  Optional combined development permit application.

1.68.120  Issuance of determination of completeness.

1.68.160  Combined public hearing with other public agencies with jurisdiction over the proposed project.

1.68.200  Public hearing combined reports.

1.68.240  Time limit for permit review and decision.

1.68.280  Offices established.

1.68.320  Administrator – Authority and duties.

1.68.360  Hearing examiner – Authority and duties.

1.68.400  Land use permit appeals.

1.68.040 Required combined SEPA permit application.

A combined review and decision process shall be used by the city for all projects requiring SEPA review and a specific development permit. Those projects requiring SEPA review shall be required to submit full application and checklist information for the respective permit and SEPA review. Review and action on the combined SEPA and permit application shall be subject to the 120-day time procedure outlined in ECC 1.68.240. The combined public hearing and review procedure shall follow the public hearing process set forth in those sections which apply to the respective permit action requested as contained in this code. [Ord. 4028 § 37, 1996.]

1.68.080 Optional combined development permit application.

A combined review and decision process may be used for projects requiring multiple development permits, including SEPA review, by request of the applicant. Any requests for a combined review and decision process shall require submission of the full application information for the individual development permits required by the project, and a completed SEPA checklist, if applicable to the proposed project.

All combined requests must include complete applications which are necessary pre-conditions for subsequent development – for example, if a building permit includes a SEPA and landmarks and design review permit, the combined application must include all three actions. [Ord. 4245, 2000; Ord. 4028 § 37, 1996.]

1.68.120 Issuance of determination of completeness.

The administrator shall notify in writing any applicant for a development permit or combined development permits whether or not their applications are complete. Such written notification shall be issued no later than 28 days after the receipt of the first application materials.

If applications are not deemed complete, the administrator shall include in the written notice which materials or information is not provided. Subsequent notices of completion shall follow not more than 28 days after receipt by the city of additional information from the applicant.

The date on which the administrator deems the application complete shall be considered the first day of the 120-day review period for the development permit or combined development permit review and decision process.

The administrator shall issue a notice of application to all applicable public agencies with jurisdiction over the proposed project within 14 days after the final determination of completeness. [Ord. 4028 § 37, 1996.]

1.68.160 Combined public hearing with other public agencies with jurisdiction over the proposed project.

The applicant for a development permit from the city may request that one open record public hearing be held between the city and any public agency with jurisdiction. The intention of such combined public hearing would be to supply the different public agencies with the same public record for their separate review and decision-making process.

Such request for a combined public hearing shall be subject to mutual agreement between the applicant and the city as to the timing of the public hearing and the expense related to compiling the record required by the various public agencies involved. [Ord. 4028 § 37, 1996.]

1.68.200 Public hearing combined reports.

The city shall conduct no more than one open record public hearing and one closed record public hearing on any development permit or combined development permit application, including any appeals which are directed to the city council for action, except for the planned unit development permit application process set forth in Chapter 13.38 ECC which, due to the special circumstances and higher levels of desired public input that are involved in the review of planned unit development proposals, may consist of multiple open record public meetings before the city's planning commission and landmarks and design commission prior to a city council open record public hearing.

After the date of the public hearing, the applicant may request the administrator to issue a combined report listing any decisions or recommendations made on the development permit or combined development permit as of the date of the report. The applicant may request such report a maximum of two separate times after the date of the public hearing. [Ord. 4307, 2001; Ord. 4028 § 37, 1996.]

1.68.240 Time limit for permit review and decision.

A. The city shall complete the necessary review and issue decisions on development permits or combined development permit applications no later than 120 days after the date the application(s) are deemed complete by the administrator. Such 120-day time limit applies to all review bodies or individuals who have review and decision authority under the applicable code provisions of the city.

B. Completion of permit(s) review and decision(s) within the above 120-day limit shall not apply in the following instances:

1. If the applicant has been notified by the local government to correct plans, perform required studies, or provide additional information, the 120-day review/decision period shall be stopped during the period of time between notification to the applicant of additional information required and receipt by the city of the required information.

2. If the SEPA responsible official requires the development of an environmental impact statement on the proposed project or action, the 120-day review period shall resume 14 days after acceptance of the final environmental impact statement by the SEPA responsible official.

3. If the city and the applicant mutually agree to an extension of time for the review and decision-making process.

4. If the permit application(s) require an amendment to the comprehensive plan or any applicable development regulations.

5. If, in the opinion of the respective decision-making authority, the permit application(s) undergoes substantial revision by the applicant. In such cases, the 120-day review period shall re-commence from the date that the revised permit application is deemed to be complete.

6. During the period of time that appeals are heard and decided either by the hearing examiner or the superior court.

7. If the permit application(s) is for a planned unit development under Chapter 13.38 ECC or is combined with an application for a planned unit development under Chapter 13.38 ECC. In such cases, the special circumstances and higher levels of desired public input that are involved in the review of planned unit development proposals, which may include multiple open record public meetings before the city's planning commission and landmarks and design commission prior to a city council open record public hearing, may require a review/decision period longer than 120 days.

In no instances shall the applicant of a development permit or combined development permit attempt to hold the city liable for damages due to the city's failure to make final decisions within the time limits contained hereinabove or the time limits contained in Section 413 of Engrossed Substitute House Bill 1724, Chapter 347, Laws of 1995, Revised Code of Washington. [Ord. 4307, 2001; Ord. 4275, 2001; Ord. 4028 § 37, 1996.]

1.68.280 Offices established.

The director of community development or his/her designee shall be that person designated by the city manager as the administrator responsible for the administration and enforcement of the various land use development permits in the city of Ellensburg. The hearing examiner shall be that person designated by the city council as the person responsible to hear and decide upon appeals made to landmarks and design review permits, boundary line adjustments, SEPA responsible official determinations, and conditional use permits. [Ord. 4275, 2001; Ord. 4245, 2000; Ord. 4028 § 37, 1996.]

1.68.320 Administrator – Authority and duties.

The administrator shall have the following authority and responsibilities:

A. Receive and determine when permit applications are complete.

B. Schedule public hearings required for the permit review before the applicable decision-making body.

C. Maintain and distribute the recorded and written public record upon request.

D. Ensure that all applicable time limits are either met or made known to both the applicant and the respective decision-making body.

E. Ensure that all fees are collected from the applicant.

F. Ensure that all required public notifications for permit review are accomplished.

G. Review and make final decisions on all boundary line adjustment applications.

H. Coordinate the staff review of permit applications and ensure that all written staff comments and recommendations on permits are made part of the public record. [Ord. 4028 § 37, 1996.]

1.68.360 Hearing examiner – Authority and duties.

The hearing examiner shall have the following authority and responsibilities:

A. Hear, make a public record of, and decide appeals filed which contest final land use permit decisions made by the administrator for boundary line adjustments, State Environmental Policy Act (SEPA) determinations, landmarks and design review permits except for appeals of demolition permits, and conditional use permits.

B. Conduct no more than one closed record public hearing in the course of hearing and deciding upon any appeal made for the above land use decisions.

C. Develop, maintain and make available upon request, files which contain the relevant permit appeal forms, documents and public records.

D. Ensure that all necessary public notification to members of the public, appellants and applicable city decision-making body is carried out during the course of hearing and deciding appeals. [Ord. 4245, 2000; Ord. 4028 § 37, 1996.]

1.68.400 Land use permit appeals.

Appeals from decisions rendered on applications for major subdivisions, zoning ordinance amendments, and SEPA decisions shall be made to a court of competent jurisdiction. Appeals from decisions rendered on applications made for landmarks and design commission permits, short subdivisions, and conditional use permits issued by the Ellensburg planning commission, and boundary line adjustment permits shall be made to the city council. The following provisions shall apply to appeals made to the city council:

A. The applicant and the owner of property to which the land use decision is directed, or any other person aggrieved or adversely affected by the decision, may appeal the decision to the city council. Such appeal shall identify the error or errors claimed to have been made in the land use decision and shall be filed in writing with the city clerk within 10 working days of the date of the land use permit decision having been made by the city board, commission or official. Further, such appeals shall be accompanied by a nonrefundable fee of $425.00 in order for the appeal to be complete.

B. Upon receipt of a timely written appeal and full payment of the appeal fee, the city council shall schedule a time and place for a public hearing on the appeal. The council shall conduct the hearing as a closed record public hearing for the purpose of gathering facts, testimony and reviewing the established public record compiled in support of the city's original land use decision.

C. The time, date and place of the scheduled public hearing shall be communicated in writing to the appellant, applicant, and the respective city decision-making body or official which decision is the subject of the appeal. The appellant, the city, and, if appropriate, the applicant shall be allowed a minimum of 10 working days from receipt of the written notice of appeal to prepare material for presentation at the appeal hearing.

D. The decision of the city council on all appeals shall be based upon:

1. Relevant portions of the city code, and other authorized city policies that pertain to the subject permit decision;

2. The established public record compiled in support of the original subject permit decision; and

3. The written and verbal argument of the appellant, city representative, and, if appropriate, the applicant, which argument relates directly to the established record as compiled in the course of the original subject permit decision and the relevant city code and city policy language.

E. The city council may affirm, deny, or affirm part and deny part of the appeal request. The decision of the city council on the appeal request shall determine the city's final action on the subject land use permit.

F. The city council during a regular or special meeting shall approve the written appeal decision, along with findings and conclusions based upon the public record and cause such decision and findings to be mailed to the appellant, respective city board, commission or official, and, if applicable, the applicant, not more than 45 days after the date of the appeal hearing. [Ord. 4357, 2003; Ord. 4314, 2002; Ord. 4245, 2000; Ord. 4028 § 37, 1996.]