Chapter 21.07
APPLICATION PROCESS
Sections:
21.07.010 Application process.
21.07.020 Preapplication meeting.
21.07.030 Consolidated application process.
21.07.050 Determination of completeness.
21.07.060 Application vesting.
21.07.070 Notice of application.
21.07.080 Miscellaneous processes – Development agreements.
21.07.010 Application process.
The application process shall consist of the following components:
A. Preapplication meeting;
B. Plan review;
C. Determination of completeness;
D. Technical review committee;
E. Notice of application;
F. Application review;
G. Notice of final decision. [Ord. 1504 § 1 (Att. A), 2015; Ord. 1426 § 1 (Att. A), 2012; Ord. 1358 § 1 (Att. A), 2010; Ord. 1088 § 2 (Exh. A), 1998.]
21.07.015 Right of entry.
Anyone submitting an application for a pre-application meeting or an administrative, quasi-judicial or legislative action which is located on a specific site(s) is authorizing city staff or agent to enter the property for the purposes of verification of site conditions and evaluation of proposed use or development. Whenever practicable, city staff will attempt to inform the property owner or applicant of the site visit at least 24 hours prior to the site visit. [Ord. 1613 § 1 (Att. A), 2020.]
21.07.020 Preapplication meeting.
A. All prospective applicants shall participate in a preapplication meeting. At the discretion of the community development director, the requirement of a preapplication meeting may be waived. Such projects may include, but are not limited to: when proposed development is subject to limited administrative review, sign permits, murals and change of paint when compliant with Chapter 14.10 LMC.
B. The purpose of the preapplication meeting is to provide the applicant with the best available information regarding the development proposal and application processing requirements, and to assure the availability of complete and accurate development information necessary for review prior to the applicant’s expenditure of application fees and the scheduling of the application review process.
C. The preapplication meeting provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed development, the application and permit requirements, fees, the review process and schedule, and applicable development standards, plans, policies and laws.
D. The preapplication meeting shall take place at the city’s offices, unless another location is agreed upon by the city and the applicant. The length of the preapplication meeting shall be determined by the complexity of the development proposed by the applicant.
E. After the preapplication meeting, written summary of the meeting shall be transmitted to the applicant by each department, agency, or the city. The written summary may include a list of any specific documents, information, reports/studies, legal descriptions or other requirements that must be submitted with the application. Such list shall be in addition to the requirements set forth in the appropriate application form.
F. An applicant may request one or more additional preapplication meetings if the proposed development changes based on information received at the previous meeting. The additional meetings shall be subject to the same procedures as the initial preapplication meeting.
G. Application forms shall be made available to the applicant following a preapplication meeting. [Ord. 1504 § 1 (Att. A), 2015; Ord. 1426 § 1 (Att. A), 2012; Ord. 1358 § 1 (Att. A), 2010; Ord. 1088 § 2 (Exh. A), 1998.]
21.07.030 Consolidated application process.
A. When more than one application for a proposed development is required, the applicant may elect to have all applications submitted for review at one time.
B. Applications for proposed development and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in accordance with the state and local laws, regulations and ordinances.
C. When more than one application is submitted under a consolidated review and the applications are subject to different types of review procedures, all of the applications for the proposed development shall be subject to the highest level of review procedure which applies to any of the applications.
D. If an applicant elects a consolidated application process, the determination of completeness, the notice of application, and the notice of final decision must include all applications being reviewed. [Ord. 1426 § 1 (Att. A), 2012; Ord. 1358 § 1 (Att. A), 2010; Ord. 1088 § 2 (Exh. A), 1998.]
21.07.040 Plan review.
A. A plan review shall be conducted by the city to determine if the application is complete. The plan review shall determine if adequate information is provided in or with the application in order to begin processing the application, and that all required information and materials have been supplied in sufficient detail to begin the application review process. All information and materials required by the application form or from the preapplication meeting must be submitted. All studies supporting the application or addressing projected impacts of the proposed development must be submitted.
B. The purpose of the plan review is to ensure adequate information is contained in the application materials to demonstrate consistency with applicable comprehensive plans, development regulations and other applicable city codes. City staff will coordinate the involvement of agencies responsible for the review of setbacks, landscaping, parking, drainage, access, roads, traffic, signs, utilities and any other applicable requirements. [Ord. 1426 § 1 (Att. A), 2012; Ord. 1358 § 1 (Att. A), 2010; Ord. 1088 § 2 (Exh. A), 1998.]
21.07.050 Determination of completeness.
A. Within 28 days after receiving an application, the city shall complete the plan review of the application and provide the applicant a written determination that the application is complete or incomplete.
B. An application shall be determined complete only when it contains all of the following information and materials:
1. A fully completed and signed application;
2. Applicable review fees;
3. All information and materials required by the application form;
4. A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act;
5. The information specified for the desired project in the appropriate title of the LMC;
6. A plot plan disclosing all existing and proposed structures and features applicable to the desired development; for example, parking, landscaping, preliminary drainage plans with supporting calculations, signs, setbacks, etc.;
7. Any additional information and materials identified at the preapplication meeting or required by applicable development standards, plans, policies or any other federal, state or local laws;
8. Any supplemental information or special studies identified by the city.
C. For applications determined to be incomplete, the city shall identify, in writing, the specific requirements, information or materials necessary to constitute a complete application. Within 14 days after its receipt of the additional requirements, information or materials, the city shall issue a determination of completeness or identify the additional requirements, information, or materials still necessary for completeness. Failure to submit the requirements, information or materials within 60 days will result in a null and void application, with no refund of the filing fees. Prior to the end of 60 days, the applicant may provide a written request for a one-time extension not to exceed 60 days which shall be granted by the city administrator or his/her designee.
D. A determination of completeness shall identify, to the extent known, other local, state or federal agencies that may have jurisdiction over some aspect of the application.
E. 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.
F. Upon issuing a determination of completeness, the application materials, including the applicable SEPA review information, will be referred to appropriate agencies for review and comment. [Ord. 1426 § 1 (Att. A), 2012; Ord. 1423 § 1 (Att. C), 2012; Ord. 1358 § 1 (Att. A), 2010; Ord. 1088 § 2 (Exh. A), 1998.]
21.07.060 Application vesting.
An application shall become vested on the date of “filing” a complete application under this title.
After a determination of completeness is made, 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 director, the application shall not be considered vested until a new determination of completeness on the changes is made under this title. [Ord. 1426 § 1 (Att. A), 2012; Ord. 1358 § 1 (Att. A), 2010; Ord. 1088 § 2 (Exh. A), 1998. Formerly 21.07.070.]
21.07.070 Notice of application.
A. Within 14 days after issuing a determination of completeness, the city shall issue a notice of application. The notice shall include, but not be limited to, the following:
1. The date of application, the date of the determination of completeness, and the date of the notice of application;
2. A description of the proposed project action, a list of permits required for the application, and, if applicable, a list of any studies requested;
3. The identification of other required permits not included in the application, to the extent known by the city;
4. The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed;
5. A statement of the public comment period, which shall be 14 days following the date of the notice of application, and a statement of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made, and a statement of any appeal rights;
6. The date, time, location and type of hearing, if applicable and scheduled at the date of the notice of application;
7. A statement of the preliminary determination, if one has been made at the time of notice of application, of those development regulations that will be used for project mitigation and of consistency with the type of land use of the proposed site, the density and intensity of proposed development, infrastructure necessary to serve the development, and the character of the development;
8. Any other information determined by the city to be appropriate.
B. Informing the Public. The notice of application shall be posted in the following manner:
1. It shall be posted on the subject property for the duration of the public comment period. The applicant shall be responsible for posting and maintaining the notice throughout the entire public comment period. The location and manner of posting shall be determined by the community development department and shown on the applicant’s site plan. The applicant shall obtain the notice of application sign(s) and post(s) from the city upon payment of all applicable fees. The sign location and condition shall be the responsibility of the applicant until the sign(s) and post(s) are returned to the city. After the public comment period, the applicant shall sign an affidavit of posting before a notary public, using the form adopted by the city, and file the affidavit of posting with the city, together with a photograph of the notice of application sign(s) posted at the site. Any necessary replacement of the notice of application sign(s) and post(s) shall be the sole responsibility of the applicant.
2. It shall be posted at City Hall in three different locations.
C. The notice of application is not a substitute for any required notice of a public hearing.
D. A notice of application is not required for the following actions, when they are categorically exempt from SEPA or environmental review has been completed:
1. An application for a single-family residence, accessory uses or other minor construction building permits;
2. Application for a lot line adjustment;
3. Applications subject to review by the design review board (Chapters 14.08 and 14.10 LMC); and
4. Any application for which limited administrative review is determined applicable. [Ord. 1426 § 1 (Att. A), 2012; Ord. 1358 § 1 (Att. A), 2010; Ord. 1088 § 2 (Exh. A), 1998. Formerly 21.07.080.]
21.07.080 Miscellaneous processes – Development agreements.
A. Development Agreements – Authorized. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to, and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by the city.
B. Development Agreements – Effect. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement. A development agreement may not be subject to an amendment to a zoning ordinance, development standard, regulation, a new zoning ordinance, development standard, or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement.
C. Development Agreements – Recording – Parties and Successors Bound. A development agreement shall be recorded with the Chelan County auditor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including the city, if the city assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.
D. Development Agreements – Public Hearing. Notwithstanding other procedural requirements of this title, the city shall only approve a development agreement by ordinance or resolution after a public hearing by the city council. Notice of the public hearing shall be made by publishing in the local paper, a minimum six days prior to the hearing, the time, date, and location of the hearing, and a general description of the location and proposal.
If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. [Ord. 1502 § 1 (Att. A), 2015.]