Chapter 18.60
LAND USE REVIEW AND APPROVAL

18.60.000    Chapter Contents

Sections:

18.60.020    Purpose.

18.60.040    Applicability.

18.60.050    Delegation of authority.

18.60.060    Application - Content.

18.60.080    Application - Review process.

18.60.100    Site plan review log - Summary of action.

18.60.120    Notification.

18.60.140    Reconsideration in response to SEPA comments.

18.60.160    Preliminary review.

18.60.180    Amendments.

18.60.200    Variances.

18.60.220    Dedication, improvements and performance bond.

18.60.240    Final approval - Expiration.

18.60.020 Purpose

The purpose of this section is to allow for the placement of uses permitted by Title 18 of the Olympia City Code, through a comprehensive site plan review process, which insures compliance with the adopted plans, policies and ordinances of the City of Olympia. It is further intended to provide for the examination of development proposals with respect to overall site design and to provide a means for guiding development in logical, safe and attractive manners.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.040 Applicability

Construction and development of projects reviewed through the Land Use Approval process shall be in strict compliance with the approved site plan and conditions attached thereto. When required by this section, site plan review and land use approval shall be completed and all appeal periods terminated prior to issuance of a building or any other construction permit. Land use approval is required for the following types of projects:

A.    Any change of occupancy of a building from one Uniform Building Code group or division of a group to another or a change of use of land;

B.    Any new nonresidential and nonagricultural use of land;

C.    The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four (4) dwelling units would be contained; and

D.    Any addition to such structure or remodel or substantial revision of the site plan associated with such use.

(Ord. 6967 §34, 2015; Ord. 5830 §25, 1998; Ord. 5594 §22, 1996; 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.050 Delegation of authority

Upon finding that any proposed land use and associated construction is exempt from environmental review pursuant to OMC Chapter 14.04 and WAC 197-11-800, the Director may waive appropriate land use application fees and may delegate review and approval of a proposed land use and associated improvements to the Olympia Fire Chief, Senior Planner, Building Official and/or City Engineer, as deemed appropriate by the Director.

(Ord. 6967 §34, 2015; Ord. 5570 §29, 1995).

18.60.060 Application –Content

Each application for land use approval shall contain all required information as set forth in the approved land use application together with the following information:

A.    A complete environmental checklist, when required by the State Environmental Policy Act;

B.    All fees, signatures and information specified in the approved application form;

C.    Complete application(s) for all associated non-construction approvals or permits required by this code, including but not limited to concept design review, conditional use approval, shoreline development, site plan review, variance, preliminary plat approval, and rezone.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.080 Application –Review process

A.    Filing.

1.    Applications for land use approval shall be made on forms provided by the Director and made available at the Department.

2.    A complete application for land use approval shall be filed with the Department. An application shall not be considered complete if it fails to contain any of the information and material required by Section 18.60.060 or Chapter 18.77.

3.    Upon determination of a complete application, the Department shall notify all appropriate recognized neighborhood associations.

4.    Application fee(s) as established by the City are due upon presentation of an application for land use approval.

B.    Review by Director.

1.    The Site Plan Review Committee shall consist of the Building Official, Planner, City Engineer, SEPA Official, and the Fire Chief or their designees. The Committee shall be chaired by the CP&D Director or his/her designee and serves in an advisory capacity to the Director, who shall be responsible for all land use related decisions. The Committee shall adopt rules of procedure for the purpose of ensuring fair, lawful and timely recommendations.

2.    Except when a public hearing is required or where the applicant agrees to an extension of time, the Director shall, within one hundred twenty (120) days from the date of complete application, approve, disapprove or approve with conditions any proposed land use. Notice of the Director’s decision or recommendation shall be distributed as provided by Table 78-1.

3.    When a public hearing is required prior to land use approval, the Director shall issue his/her recommendation to the Hearing Examiner in a manner that will provide the Hearing Examiner sufficient time to issue a notice of final decision within 120 days of the date of complete application.

4.    Any time required to prepare, review and issue a final environmental impact statement as required under the provisions of SEPA shall not be included under the time constraints of this subsection.

5.    The Director shall review proposed projects for consistency with the standards and provisions of the City of Olympia as expressed in the various adopted plans and ordinances, including this Title.

6.    Whenever the Director denies land use approval, he/she shall set forth, in writing, his/her findings which shall specify the reasons for the disapproval. Unless a public hearing is otherwise required, the decision of the Director shall be final unless appealed to the Hearing Examiner pursuant to Section 18.75.020(D).

C.    Referral to Hearing Examiner. If in the Director’s opinion a project is extraordinarily complex or presents significant environmental, design or compatibility issues, the Director may refer the project for a public hearing before the Hearing Examiner. A decision of the Director to refer a project to the Examiner may be made at any time.

D.    Hearing Examiner. Any review by the Hearing Examiner shall be conducted according to the procedural requirements of Chapter 18.82, Hearing Examiner.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.100 Site plan review log –Summary of action

On the first work day following action of the Director, the Hearing Examiner or City Council on a project, the action shall be entered into the permit tracking system maintained by the Department.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.120 Notification

Notice of the decision of the Director, Hearing Examiner or City Council shall be mailed to the applicant within seven (7) calendar days following the action. (See Chapter 18.78, Public Notification.)

(Ord. 6967 §34, 2015; Ord. 6273 §30, 2003; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.140 Reconsideration in response to SEPA comments

Any interested person may submit written comments and request reconsideration by the Director within fifteen (15) days of the date any decision attached to a SEPA threshold determination is issued. Unless further action is taken by the Director in response to such comments, the period in which to file an appeal shall terminate twenty-one (21) days after the date the decision is issued. SEPA exempt actions of the committee shall not be subject to reconsideration and shall be subject to only a fourteen (14) day appeal period.

(Ord. 6967 §34, 2015; Ord. 5570 §29, 1995).

18.60.160 Preliminary review

Prior to applying for land use approval, a prospective applicant may present to the Director a presubmission site plan. The purpose of the presubmission review of the site plan is to enable the applicant to obtain the advice of the Director as to the intent, standards and provisions of the City as applied to a project.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.180 Amendments

A project approved by the Director, Hearing Examiner or City Council may be amended at the applicant’s request by the same procedures provided under this chapter for original application approval.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.200 Variances

The Hearing Examiner may grant variances from the provisions of this title as will promote the public health, safety and general welfare. Application for a variance shall be made in writing stating fully the reasons for the variance and the provisions of this title for which the variance is requested. (See Chapter 18.66 for variance requirements.)

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.220 Dedication, improvements and performance bond

As a condition of land use approval, an applicant may be required to dedicate property, construct public improvements, and furnish a performance bond to the City to secure an obligation to complete the provisions and conditions of the project as approved.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).

18.60.240 Final approval –Expiration

Unless utilized by application for unexpired construction permits or explicitly extended by the Director, the final approval of a land use application shall expire in one (1) year pursuant to 18.72.140(D), Expiration of Approvals.

(Ord. 6967 §34, 2015; Ord. 5570 §28, 1995; Ord. 5517 §1, 1995).