Chapter 11.06


11.06.001    Pre-application conference.

11.06.002    Development permit application.

11.06.003    Submission and acceptance of application.

11.06.004    Notice of application.

11.06.005    Referral and review of project permit applications.

11.06.001 Pre-application conference.

A.    Applications for project permit Type I actions involving structures 5,000 square feet or over, and all Type II, Type III, and Type IVA actions and applications for new wireless communication facility permits shall not be accepted by the director unless the applicant has requested and attended a pre-application conference. The purposes of the pre-application conference are to acquaint the applicant with the requirements of this code and project review procedures and for city staff to be acquainted with the proposed application for purposes of determining appropriate review procedures and facilitating the application and project review process. In order to ensure that the pre-application conference is meaningful, the applicant must provide all information requested on the form required by the community development director.

B.    The conference shall be held no more than 45 calendar days following the filing of a written request for a pre-application conference with the community development director, on the form provided by the director.

C.    At the conference or within five working days of the conference, the applicant may request that the director provide the applicant with the following information:

1.    A form which lists the requirements for a completed application;

2.    A general summary of the procedures and timelines to be used to process the application;

3.    The references to the relevant code provisions or development standards which may apply to the approval of the application, as preliminarily identified at the pre-application conference;

4.    The city’s design guidelines.

D.    It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information sent by the city to the applicant under subsection C of this section shall not bind or prohibit the city’s future application or enforcement of all applicable law.

E.    Pre-application conferences for all other types of applications are optional, and requests for conferences will be considered on a time-available basis by the director. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1733 § 5, 1998; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.06.002 Development permit application.

Applications for project permits shall be submitted to the city upon forms provided by the director. An application shall consist of all materials required by the applicable development regulations for the specific permit(s) sought, and shall include the following general information:

A.    A completed project permit application form.

B.    The signature of the applicant and property owner.

C.    A property and/or legal description of the site for all applications, as required by the applicable development regulations.

D.    The applicable fee and/or development review trust.

E.    Evidence of adequate water supply as required by RCW 19.27.097.

F.    Evidence of sewer availability.

G.    Information on the capacity of existing storm water conveyance and control facilities.

H.    Designation by name, street and mailing address, telephone number, and relationship to the applicant, of the person to receive all determinations and notices required by this chapter.

I.    An application for a concurrency encumbrance letter (BMC 17.03.014) unless the permit is specifically exempted by BMC 17.03.003. (Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.06.003 Submission and acceptance of application.

A.    Determination of Completeness. Within 28 calendar days after actual receipt of a project permit application as evidenced by the date stamped on the face thereof by the city, the city shall mail or personally provide a written determination to the applicant which states either: (1) that the application is complete; or (2) that the application is incomplete and what is necessary to make the application complete. Project permit applications shall be date stamped upon receipt by the city. Applications received after 4:30 p.m. shall be date stamped the next business day. If an applicant has elected the optional consolidated permit review process under BMC 11.04.002, all applications consolidated for review will be covered under a single determination of completeness. If the application for any of such applications is incomplete, a determination that all consolidated applications are incomplete shall be issued to the applicant.

B.    Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination required by subsection A of this section.

C.    Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in BMC 11.06.002, as well as the submission requirements contained in any other development regulations specific to the application. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required pursuant to BMC 11.10.001(C), or where there are substantial changes in the proposed action.

D.    Incomplete Application Procedure.

1.    If the applicant is issued a written determination from the city that an application is not complete, the applicant shall have 90 calendar days from date of personal delivery or date of mailing by the city to submit the required information to the city. Within 14 calendar days after an applicant has submitted the requested additional information, the city shall remake the determination as to completeness in the manner described in subsection A of this section. If the applicant again receives a determination of incompleteness, the procedure described in this subsection shall be repeated and may be repeated as required by subsequent determination of incompleteness until a determination that the application is complete is issued in the manner described in subsection A of this section.

2.    If the applicant either refuses in writing to submit the required additional information or does not submit the required information within the 90-calendar-day period, the community development director shall make findings and issue a decision, according to the Type I procedure in BMC 11.04.003, that the application has lapsed for failure to meet the time requirements set forth herein.

3.    Where the community development director has made a determination that the application has lapsed because the applicant has failed to subsequently submit the required information within the necessary time period, the applicant may request a refund of the unused portion of the application fee for staff time expended as determined in the sole discretion of the director of community development.

E.    City’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsections A or (D)(1) of this section.

F.    Date of Completeness of Application. When the project permit application is complete whether due to a determination of completeness issued under subsections A or E of this section, the community development director shall note the date of completeness on the application. (Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.06.004 Notice of application.

A.    Generally. A notice of application shall be issued on all Type II, III and IV project permit applications except as otherwise provided in subsection B of this section.

B.    SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required.

C.    Contents. The notice of application shall include:

1.    The date of application, the date of the notice of completion for the application and the date of the notice of application;

2.    The address of the project site and/or a sufficient description of the location to allow interested parties to view the site;

3.    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 requested under RCW 36.70B.070;

4.    The identification of other permits not included in the application, to the extent known by the city;

5.    The identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

6.    A statement that the public comment period shall be 21 calendar days following the date of notice of application, or 30 calendar days in the case of shorelines substantial development permits, shorelines conditional use permits and shorelines variances, and that any person has the right to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and appeal the decision; such statement shall provide the issuance date of the notice of application and the commencement of the public comment period, and shall specify the final day and time for submittal of comments;

7.    A statement that the application and all other documents pertaining to, and together constituting the file for, the application shall be available for inspection at the start of any comment or appeal period; that anyone may request a copy of any such materials from the file, at his or her cost; and that any such copies requested shall be made available no later than 3:00 p.m. of the third day following receipt of the request;

8.    The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;

9.    A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and of consistency as provided in Chapter 11.04 BMC;

10.    Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application.

D.    Time Frame for Issuance of Notice of Application.

1.    Within 14 calendar days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application in the manner provided in Chapter 11.19 BMC.

2.    If the applicant fails to provide public notice of the NOA as required under Chapter 11.19 BMC within 120 calendar days after the city has made a determination of completeness, the department of community development director shall make findings and issue a decision, according to the Type I procedure in BMC 11.04.003, that the application has lapsed for failure to meet the public notice requirements set forth herein.

3.    If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided to the public at least 21 calendar days prior to the open record hearing.

E.    Methods for Notice. The notice of application shall be given to the public and to agencies with jurisdiction as set forth in Chapter 11.19 BMC, Public Notice.

F.    Public Comment on the Notice of Application. All public comments received on the notice of application must be received in the city community development department by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. (Ord. 2043 § 2 (Exh. B), 2010; Ord. 1815 § 1, 2000; Ord. 1768 § 7, 1999; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.06.005 Referral and review of project permit applications.

Within 10 calendar days of accepting a complete application, the director shall do the following:

A.    Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 calendar days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The director shall grant an extension of time only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days.

B.    As an alternative to the procedure set forth in subsection A of this section, the director may schedule a meeting of the project permit processing committee, which committee shall be composed of at least one city staff member from each of the following disciplines: (1) planning, (2) engineering, (3) fire prevention, and (4) building. Each department head shall designate the staff member who will participate in the project permit processing committee. The committee shall meet in order to provide joint review and comment on any project permit application.

C.    If other than a Type II, Type III or Type IV review procedure is required, provide for public notice as set forth in Chapter 11.19 BMC. (Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).