Chapter 16.28
TYPE V PERMIT PROCEDURE (REZONES, PRELIMINARY PLATS, AND PLANNED UNIT DEVELOPMENTS)
Sections:
16.28.010 Pre-application conference.
16.28.020 Application.
16.28.030 Determination of completeness.
16.28.040 Threshold determination, scheduling of hearing, and notice.
16.28.050 Director shall forward.
16.28.060 Hearing.
16.28.070 Findings and recommendation.
16.28.080 Council decision.
16.28.090 Notice of decision.
16.28.100 Appeal.
16.28.110 Rezones and annexations.
16.28.010 Pre-application conference.
The director may require a potential applicant to participate in a pre-application conference. (Ord. 1505 § 4, 2001).
16.28.020 Application.
The applicant shall complete the appropriate application form, and submit application, fee, and an environmental checklist, to the director. The application form will establish the necessary information. (Ord. 1505 § 4, 2001).
16.28.030 Determination of completeness.
A. Within 20 working days of submittal, the director shall:
1. Send the applicant either a determination of completeness or a notice stating information required to complete the application; and
2. Advise the applicant of other agencies that may have jurisdiction over the proposal.
B. Within 14 working days of submittal of additional information as required above, the director shall send the applicant either a determination of completeness or another notice stating information required to complete the application. (Ord. 1505 § 4, 2001).
16.28.040 Threshold determination, scheduling of hearing, and notice.
Within 14 working days of determination of completeness of an application, the director shall perform items A through D of this section.
A. Perform a threshold determination regarding the proposal in accordance with Chapter 197-11 WAC, Part Three.
B. Determine on what date the notice of application will be published.
C. Schedule a hearing before the hearing examiner for a date between 15 and 30 working days after the publication of notice of application, except that if a determination of significance (DS) has been issued, the hearing may be scheduled and publicized later to allow time to prepare the draft environmental impact statement (DEIS).
D. Publish a notice of application/hearing in accordance with PMC 16.30.030.
1. The “notice of application/hearing” shall include the information required in RCW 36.70B.110(2).
2. The public comment period shall be at least 15 calendar days.
3. If a determination of significance (DS) has been issued, the “notice of application/hearing” shall incorporate the DS and scoping notice. If other agencies share jurisdiction over the proposal, they shall also be sent the “notice of application/hearing/DS/scoping.”
4. If WAC 197-11-340(2) applies (that is, city cannot take final action until 15 calendar days after issuing a determination of non-significance, or DNS), the director shall also send the “notice of application/hearing/DNS” and environmental checklist to the agencies listed in WAC 197-11-340(2). If timely comments are received, the director shall reconsider the DNS in accordance with WAC 197-11-340(2)(f) and (3). (Ord. 1505 § 4, 2001).
16.28.050 Director shall forward.
The director shall forward to the hearing examiner the results of the proposal’s environmental review, including copies of the draft and final EIS, if applicable. (Ord. 1505 § 4, 2001).
16.28.060 Hearing.
The hearing examiner shall hold the hearing, which may be combined with that of another agency with jurisdiction. (Ord. 1505 § 4, 2001).
16.28.070 Findings and recommendation.
After the above, the hearing examiner shall:
A. Adopt written findings referencing the applicable permit criteria; and
B. Make a recommendation consistent with those findings. (Ord. 1505 § 4, 2001).
16.28.080 Council decision.
The city council shall revise the hearing examiner’s findings, if necessary, and decide on the proposal accordingly. Its decision shall be early enough to allow the director to comply with the following section regarding notice of decision. Council decision may be by simple motion for permits but must be by ordinance for rezones, which are legislative. (Ord. 1505 § 4, 2001).
16.28.090 Notice of decision.
A. Within 120 days of the determination of completion, the director shall issue a notice of decision.
B. The rules embodied in RCW 36.70B.090 shall constitute exceptions to this 120-day deadline. Days during which an EIS is being prepared do not count against the 120 days.
C. The notice of decision shall contain a statement of threshold determination.
D. The notice of decision shall be published in accordance with PMC 16.30.030. (Ord. 1505 § 4, 2001).
16.28.100 Appeal.
Type V permit decisions may not be administratively appealed. Judicial review is available pursuant to RCW 36.70C.040. (Ord. 1505 § 4, 2001).
16.28.110 Rezones and annexations.
A. Rezones are legislative actions, not land use permits. However, individual rezones are quasi-judicial actions, and as such shall be processed as if they were Type V permits. Individual rezones may be initiated by the planning commission, the city council, or anyone with ownership interest in the land. The criterion for granting rezones shall be conformance to the comprehensive plan.
B. Area-wide rezones are not quasi-judicial, and shall be processed as legislative actions per Chapter 16.32 PMC.
C. Annexations shall also be processed like Type V permits, to the extent that zoning is established in the annexation process, provided that the annexation’s zoning shall be in compliance with the comprehensive plan. (Ord. 1505 § 4, 2001).