Chapter 14.08 PERMIT REVIEW

Chapter 14.08
PERMIT REVIEW

Sections:

14.08.010 Docketing of proposed amendments.

14.08.020 Exemptions from project permit processing.

14.08.030 Application process.

14.08.040 Notice of public hearing.

14.08.050 Final decisions.

14.08.010 Docketing of proposed amendments.

(1) Project review shall be used as a means to make individual project decisions, not land use planning decisions. If during the course of project review the review authority finds deficiencies in the comprehensive plan or development regulations:

(a) The permitting process shall not be used as a comprehensive planning process; and

(b) The identified deficiencies shall be docketed for possible future plan or development regulation amendment.

(2) Any interested person may suggest comprehensive plan or development regulation amendments on a form provided by the city. The city clerk-treasurer shall compile and maintain a list of suggested changes, all of which will be considered by the city during the annual amendment of the comprehensive plan and during an amendment to the development regulations. (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.08.020 Exemptions from project permit processing.

(1) Whenever a permit has been designated as Type I, Type II or Type III, the procedures in this section shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth:

(a) Landmark or historical property designations;

(b) Street or other public right-of-way vacations;

(d) Capital facility projects.

(2) Pursuant to RCW 36.70B.140(2), building permits, boundary adjustments, other construction permits, or other Type I approvals which are categorically exempt from environmental review or for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

(a) Notice of application;

(b) Optional consolidated project permit review;

(d) Single report stating all decisions made to date of public hearing.

(3) Applicable procedures include:

(a) Determination of completeness;

(b) Notice of decision; and

14.08.030 Application process.

(1) Preapplication Meeting. Every applicant proposing a project that is categorized as a Type II or Type III permit process in the city of Entiat shall attend a preapplication meeting. The purpose of the meeting is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, applicable plans, policies and regulations. In order to expedite the review process, the city shall invite all affected jurisdictions, agencies and/or special purpose districts to the preapplication meeting.

(2) Application. All applications for development permits, approvals, variances or other approvals under the city’s development regulations shall be submitted on forms provided by the city. All applications shall be acknowledged by the property owner. The applicant shall apply for all permits identified in the preapplication meeting. Applications shall include all information listed as application requirements in the relevant ordinance, code or regulation governing the permits or approvals including but not limited to:

(a) A fully completed, signed and acknowledged development application form and all applicable filing fees; and

(b) A fully completed, signed and acknowledged environmental checklist for projects subject to review under SEPA; and

(3) Letter of Completeness. Within 28 days of receiving an application, the city shall notify the applicant in writing that the application is complete or incomplete.

(a) For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the city shall, within 14 days, issue a letter of completeness. Failure to submit the requested information within 60 days will result in a null and void application, with no refund of the filing fees.

(b) An application shall be deemed complete if the city fails to provide a written determination to the applicant that the application is incomplete within 28 days from the city’s acceptance of application.

(c) A determination of completeness shall not preclude the city from requesting additional information or studies if new information is required or a change in the proposed development occurs.

(d) An application shall become vested on the date a determination of completeness is made under this title. Thereafter, the application shall be reviewed under the codes, regulations and other laws in effect on the date of vesting; provided, in the event an applicant substantially changes his/her proposed development after a determination of completeness, as determined by the city, the application shall not be considered vested until a new determination of completeness on the changes is made under this title.

(4) Consolidated Project Review. At the request of the applicant, the city shall consolidate development applications and review in order to integrate the development permit and environmental review process, while avoiding duplication. The consolidated project review process shall combine the environmental review, both procedural and substantive, with the procedure for review of all project permits required for a particular development. Except for the appeal of determination of significance, as provided in RCW 43.21C.075, there shall be no more than one open record hearing and one closed record appeal for the consolidated permit review, held before a single decision-making body.

(a) At least seven days prior to the scheduled hearing, the city staff shall issue a written staff report, integrating a SEPA review and final threshold determination, stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record hearing. The report shall state any mitigation required or proposed under the development regulations or under Chapter 43.21C RCW. This document shall be sent to the applicant, the applicant’s representative, the applicable hearing body, and shall be made available for other parties who request it. In addition, the applicant shall receive copies of all comments received as a result of the public notice, and may respond.

(b) Consolidated review shall follow the procedures for processing of the highest numbered procedure required for any part of the application.

(5) Notice of Application. For each project permit type requiring a notice of application, the notice of application shall be provided within 14 days of issuing the letter of completeness.

(a) The notice of application shall include the following information along with any other information the city deems appropriate:

(i) The date of application, the date of the letter of completeness, and the date of the notice of application;

(ii) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies required under authority of Chapter 35.70A RCW;

(iii) The identification of other permits not included in the application to the extent known by the city;

(iv) The identification of existing environmental documents that evaluate the proposed project, and the location where the application and the documents can be reviewed;

(v) A statement of the 14-day (30 days for permits issued pursuant to the city of Entiat shoreline master program) public comment period, the invitation for anyone to comment on the application, receive notice of and participate in any hearings, request a copy of the decision, when made, and any appeal rights;

(vi) The date, time, place, and type of hearing, if applicable and scheduled at the date of the notice of application;

(vii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency with existing comprehensive plan and development regulations; and

(viii) Any other information deemed appropriate by the city.

(b) Informing the Public. The notice of application shall be posted in the following manner:

(i) It shall be posted on the subject property for the duration of the public comment period. The city shall post and maintain the notice throughout the entire public comment period. The location and manner of posting shall be determined by the city and shown on the applicant’s site plan. The city will post the notice of application upon payment of all applicable fees. After the public comment period, the city staff person responsible for posting the notice of application shall sign an affidavit of posting before a notary public, using the form adopted by the city, and the affidavit of posting shall be placed in the application file.

(ii) It shall be posted at City Hall.

(iii) Where no other public notice, such as the required notice of a public hearing, is required, the notice of application shall be published once in the official newspaper for the city of Entiat. The notice of application published in the official local newspaper may be summarized and shall include at least the project location, description, type of permit(s) required, comment period dates, and the location where the complete application may be reviewed.

(d) The notice of application is not required for the following actions, when they are categorically exempt from SEPA or environmental review has been completed:

(i) An application for a single-family residence, accessory uses or other minor construction building permits;

(ii) Application for a lot line adjustment;

(iii) Any application for which a Type I process is determined applicable. (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.08.040 Notice of public hearing.

When required, notice of a public meeting or hearing for all development applications and all open record appeals shall be given as follows:

(1) Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under the rules, regulations, ordinances and codes of the city of Entiat shall be made by:

(a) Publication in the official newspaper at least 10 days before the date of a public meeting, hearing, or pending action; and

(b) Mailing at least 10 days before the date of a public meeting, hearing, or pending action to all property owners, as shown on the records of the county assessor, and all street addresses of properties within 350 feet, not including street rights-of-way, or the boundaries of the property which is the subject of the meeting or pending action. Addressed, prestamped No. 10 envelopes shall be provided by the applicant; and

(c) Posting at least 10 days before the meeting, hearing, or pending action at City Hall and at least one notice on the subject property.

(2) Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing, an invitation for people to attend and provide input, and the place where further information may be obtained.

(3) Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date, time and place certain and no further notice under this section is required. (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.08.050 Final decisions.

(1) Timing. The city will strive to issue final decisions on Type I, Type II and Type III project permit application(s) within 120 days from the date of the letter of completeness. Exceptions to this timing include:

(a) Amendments to the comprehensive plan or development regulations;

(b) Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the director shall determine whether the information is adequate to resume project review;

(c) Substantial project revisions made or requested by an applicant after a letter of completeness, in which case the 120 days will be calculated from the time that the city determines the revised application be complete;

(d) All time required for the preparation of an environmental impact statement;

(e) Projects involving the siting of an essential public facility;

(f) An extension of time mutually agreed upon by the city and the applicant;

(g) All time required to obtain a variance;

(h) Any remand to the hearing board;

(i) All time required for any administrative appeals; and

(j) If the decision-maker is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

(2) The written notice of final decision for Type II and Type III decisions, and Type IV actions made by motion of the city council, shall include the following information:

(a) A statement of the applicable criteria and standards in the development codes and other applicable law.

(b) A statement of the findings of the hearing body, stating the application’s compliance or noncompliance with each applicable criterion, and assurance of compliance with applicable standards.

(c) The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with all applicable laws.

(d) A statement that the decision is final unless appealed as provided in Chapter 14.10 EMC, Appeals. The statement shall state the appeal closing date and describe how a party may appeal the decision, including applicable fees and the elements of a notice of appeal.

(e) A statement that the complete case file, including findings, conclusions, and conditions of approval, if any, is available for inspection. The notice shall list the place, days and times when the case file is available for inspection and the name and telephone number of the city’s representative to contact to arrange inspection.

(f) A written notice of decision rendered by the city council may be in the form of the signed ordinance or resolution.

(3) Effective Date. The final decision of the hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal periods shall be calculated shall be the date the decision-maker takes action on the motion, resolution, or ordinance. (Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)