Chapter 20.05
STAFF REPORT, PUBLIC HEARING AND NOTICE OF DECISION

Sections:

20.05.001    Community services staff report.

20.05.002    Public hearing.

20.05.003    Ex parte communications.

20.05.004    Burden and nature of proof.

20.05.005    Decision and notice of decision.

20.05.006    Calculation of time periods for issuance of notice of final decision.

20.05.001 Community services staff report.

The director of community services, or his/her designee(s), shall prepare a staff report for the development permit(s) being sought. The staff report shall be a single report that:

A. Includes necessary information and analysis, including reference to applicable city or other plans, policies, and regulations related to the development project;

B. Indicates citizen, public, and agency comments received to date on the development project. Comments may stem from receipt of a notice of application, environmental determi­nation, or otherwise;

C. Indicates any administrative decisions made on, and rationale for, any development project aspects, including mitigation mea­sures, not requiring an open record predecision hearing;

D. Indicates staff recommendations, and rationale for, on any development project aspects, including mitigation measures, requir­ing an open record predecision hearing;

E. Is prepared in a timely manner to meet notice of decision guidelines outlined in Sec­tion 20.05.005;

F. If a threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append said determination;

G. Shall be the basis, in addition to public comments received and deliberations made by decision-making individuals or bodies, for all permit or approval decisions. (Ord. 989 § 1 (part), 1996).

20.05.002 Public hearing.

The director of community services or his/her designee shall be responsible for scheduling a development permit application for review and public hearing.

A. Only one local open record public hearing shall be held on an application for con­solidated development permit(s);

B. The open record public hearing shall be scheduled in a timely manner so as to meet notice of decision guidelines outlined in NBMC 20.05.005, as well as other notice guidelines indicated by this title. Notice of the public hearing shall be provided for as indi­cated in NBMC 20.03.001 and/or 20.03.002. (Ord. 989 § 1 (part), 1996).

20.05.003 Ex parte communications.

A. The city council, planning commis­sion, zoning board of adjustment, or shorelines board may not communicate, directly or indi­rectly, regarding any issue in a proceeding before it, other than to participate in communi­cations necessary to procedural aspects of maintaining an orderly process, unless it pro­vides notice and opportunity for all parties to participate; except that the aforementioned bodies may receive advice from legal counsel, and from staff members, except where the pro­ceeding relates to a code enforcement investi­gation or prosecution.

B. If the city council, planning commis­sion, zoning board of adjustment, or shorelines board, in a quasi-judicial proceeding, receives an ex parte communication of a type that could not properly be received while serving, said body shall disclose the communication and place the following on the official record:

1. All written communications re­ceived;

2. All written responses to the com­munications;

3. State the substance of all oral com­munications received and all responses made; and

4. The identity of each person from whom ex parte communication was received.

The city council, planning commission, zoning board of adjustment, or shorelines board shall advise all parties whether any ex parte communications have been placed on the record. Upon request made within 10 calendar days after notice of the ex parte communica­tion, any party desiring to rebut the communi­cation shall be allowed to place a rebuttal statement on the record. (Ord. 989 § 1 (part), 1996).

20.05.004 Burden and nature of proof.

The development permit application must be supported by proof that it conforms to appli­cable elements of the city’s comprehensive plan, land use codes, and development regula­tions, and that any significant adverse environ­mental impacts have been adequately ad­dressed. This burden of proof is on the applicant. (Ord. 989 § 1 (part), 1996).

20.05.005 Decision and notice of decision.

A. Following the public hearing, the city council, zoning board of adjustment, or shore­lines board shall issue a written and signed “notice of decision” which approves, condi­tionally approves, or denies an application requiring a decision by any such body. If the hearing is an appeal, the hearing body shall issue a written and signed “notice of decision on appeal” which affirms, reverses, or remands the decision that is on appeal.

B. The city council’s, zoning board of adjustment’s, or shorelines board’s written notice of decision shall issue within 10 calendar days after the hearing on the development per­mit application, and within 120 calendar days after the city issues a determination of com­pleteness pursuant to NBMC 20.02.003(D).

C. The notice of decision shall be pro­vided as follows:

1. To the applicant by mail or in per­son;

2. To any person who, prior to the decision, requested notice of the decision or submitted substantive comments on the appli­cation.

D. The notice of decision shall set forth any appeal timeframes and procedures, but failure to do so or provisions of inaccurate timeframes and procedures shall not release an applicant from responsibility to perfect an appeal in a timely fashion.

E. If the city is unable to issue its notice of decision on a development permit and approval application within the time limits provided for in this section, it shall provide written notice of this fact to the 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 decision. (Ord. 989 § 1 (part), 1996).

20.05.006 Calculation of time periods for issuance of notice of final decision.

A. In determining the number of days that have elapsed between the notice of comple­tion, NBMC 20.02.003, and the notice of deci­sion, NBMC 20.05.005, the following periods shall be excluded:

1. Any period during which the appli­cant has been requested by the city to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the city noti­fies the applicant, in writing, of the need for additional information until the local govern­ment determines that the additional informa­tion satisfies the request for information or 14 calendar days after the date the information has been provided to the city;

2. If the city determines that the infor­mation submitted by the applicant under sub­section (A)(1) of this section is insufficient, it shall notify the applicant of the deficiencies, and the procedures under subsection (A)(1) of this section shall apply as if a new request for studies had been made;

3. Any period during which an envi­ronmental impact statement is being prepared following a determination of significance pur­suant to Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact state­ments, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact state­ment;

4. Any period for administrative appeals of development permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period for consideration and decision on appeals shall not exceed:

a. Ninety calendar days for an open record appeal hearing; and

b. Sixty calendar days for a closed record appeal.

The parties may agree to extend these time periods; and

5. Any extension of time mutually agreed upon by the applicant and the local gov­ernment.

B. The time limits established in this title do not apply if a development permit applica­tion:

1. Is exempt under NBMC 20.01.003;

2. Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;

3. Is substantially revised by the appli­cant, in which case the time period shall start from the date at which the revised development application is determined to be complete under NBMC 20.02.003. (Ord. 989 § 1 (part), 1996).