Chapter 19.18
PROCESSING OF PROJECT PERMIT APPLICATIONS

Sections:

19.18.010    Project permit processing outline.

19.18.020    Preapplication conference.

19.18.030    Permit application fees.

19.18.040    Exemptions of certain project permits from certain processes.

19.18.050    Project permit application.

19.18.060    Submission and acceptance of application.

19.18.070    Notice of application.

19.18.080    Referral and review of project permit applications.

19.18.090    Decision and notice of decision.

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

19.18.110    Expiration of applications.

19.18.120    Vesting.

19.18.010 Project permit processing outline.

The following table summarizes the processes for reviewing the various types of project permit applications:

 

Type IA

Type IB

Type IIA

Type IIB

Type III

Type IIIB

Type IVA

Type IVB

Type V

(Legislative)

Preapplication conference

No

No

No

No

Yes

Yes

Yes

No

No

Recommendation made by:

City engineer

N/A

N/A

N/A

N/A

Hearing examiner (open record)

N/A

N/A

Planning commission

Final decision made by:

Administrator

Administrator

Administrator

Administrator

Hearing examiner (open record)

City council

Hearing examiner (open record)

City council

City council

Notice of application:

No

No

No

No

Yes

Yes

Yes

Yes

No

Closed record appeal

Hearing examiner

Hearing examiner

Hearing examiner

Hearing examiner

No

No

No

No

Yes, or city council could decide to hold its own open record hearing

Judicial appeal:

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

(Ord. 1467 § 2, 2014: Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1109 § 19, 1998; Ord. 1037 § 1 (part), 1996. Formerly 19.01.030(C)).

19.18.020 Preapplication conference.

A. Applications for project permits involving Type III and Type IVA actions shall not be accepted by the administrator unless the applicant has requested and attended a preapplication conference. The purpose of the preapplication conference is to acquaint the applicant with the requirements of the Chelan Municipal 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 preapplication conference is meaningful, the applicant must provide all information requested on the form required by the administrator.

B. The conference shall be held no more than thirty calendar days following the filing of a written request for a preapplication conference with the administrator, on the form provided by the administrator.

C. At the preapplication conference or within five working days of the preapplication conference, the applicant may request that the administrator 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 preapplication conference;

4. The city’s design guidelines.

D. It is impossible for the preapplication 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 laws. (Ord. 1491 § 9 (Exh. K), 2015: Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.02.010).

19.18.030 Permit application fees.

A. The city council may establish by resolution fees for project permits or other government approvals to cover the cost to the city of processing applications, inspecting and reviewing plans, or preparing detailed statements required by Chapter 43.21C RCW, including, but not limited to, those permits or other governmental approvals relating to plat administration, zoning administration, shoreline management administration, annexations, comprehensive plan amendments and appeal costs, including attorneys’ fees.

B. In the event such costs established in subsection A of this section are less than the actual costs involved, any excess cost shall be assessed and paid by the applicant on the basis of the hourly rate of city department staff or outside consultants retained, plus material costs and reasonable expenses. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1134 § 1, 1999. Formerly 19.02.015).

19.18.040 Exemptions of certain project permits from certain processes.

Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA and Chapter 14.06, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following project permit processing procedures:

A. Notice of application (Section 19.10.070);

B. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (Section 19.14.020(B));

C. Joint public hearings (Section 19.30.030);

D. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing (Section 19.30.020(C));

E. Notice of decision (Section 19.18.090). (Ord. 1411 § 5 (Exh. E) (part), 2010).

19.18.050 Project permit application.

Applications for project permits shall be submitted to the city upon forms provided by the administrator. An application shall consist of all materials required by the applicable development regulations for the specific permit(s) sought, and in addition to shall include, but is not limited to, the following general information:

A. A completed project permit application form;

B. A sworn statement made before a notary public and under penalty of perjury by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or a sworn statement made before a notary public and under penalty of perjury executed by all owners of the affected property that the application has been submitted with their consent;

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

D. The applicable fee as established by city council ordinance or resolution;

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

F. Evidence of ability to comply with Chapter 13.06, Sewer System;

G. Information on the capacity of existing stormwater conveyance and control facilities; and

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. In the case of permits described in Section 17.14.010(D), relating to projects on storefront streets identified on the regulating map at Section 17.14.020(B), the verification by the HDCA design committee, or a statement why such verification is not required.

J. Critical areas checklist and, if applicable by Chapter 14.10, critical area study/report(s). (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1410 § 6, 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.02.020).

19.18.060 Submission and acceptance of application.

A. Determination of Completeness. Within twenty-eight 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 five p.m. shall be date stamped the next business day. If an applicant has elected the optional consolidated permit review process under Section 19.14.020, 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 the application is 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 Section 19.18.050, as well as the submission requirements contained in the applicable development regulations. 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 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 ninety calendar days from date of personal delivery or date of mailing by the city to submit the required information to the city. Within fourteen 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 within the ninety-calendar-day period, the administrator shall make findings and issue a decision, according to the Type IA procedure, that the application has lapsed for failure to meet the time requirements set forth herein.

3. Where the administrator 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 administrator.

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 subsection 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 subsection A or E of this section, the administrator shall note the date of completeness on the application. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.02.030).

19.18.070 Notice of application.

A. Generally. A notice of application shall be issued on all Type III and IV project permit applications.

B. SEPA.

1. 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.

2. Integration with Permit Procedures. Environmental review under Chapter 43.21C RCW and Title 14 shall be integrated with the procedures described in this section as follows:

a. Except for a determination of significance, the city may not issue its threshold determination, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.

b. If an open record predecision hearing is required and the city’s threshold determination requires public notice under Chapter 43.21C RCW and Title 14, the city shall issue its threshold determination at least fifteen calendar days prior to the open record predecision hearing.

c. Comments shall be as specific as possible.

3. Determination of Significance. If the city has made a determination of significance under Chapter 43.21C RCW and Title 14 concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.

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. 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;

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

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

5. A statement of the limits of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;

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

7. 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 19.26;

8. 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 fourteen 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 subsection E of this section.

2. 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 fifteen 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 follows:

1. By posting and publication per Section 19.22.010.

2. Notifying public, private groups and the news media that have requested such notice in writing for that calendar year.

3. Mailed notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the exterior boundary of the property upon which the project is proposed.

4. Mailed notice to known agencies with jurisdiction. This requirement may be satisfied by publishing notice in the agencies’ newsletters or sending notice to an agency mailing list.

F. Public Comment on the Notice of Application. All public comments received on the notice of application must be received by the administrator, by five p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile.

G. Limitation. Except for a determination of significance, the city may not issue its threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.02.040).

19.18.080 Referral and review of project permit applications.

Within ten calendar days of accepting a complete application, the administrator 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 fifteen 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 administrator shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days.

B. In addition to the procedure set forth in subsection A of this section, the administrator may schedule a meeting of the project permit processing committee, which committee shall be comprised of at least one city staff member from each of the following departments: (1) planning, (2) public works, (3) 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 a Type III procedure is required, notice and hearing shall be provided as set forth in Chapter 19.22. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.02.050).

19.18.090 Decision and notice of decision.

A. Decision. The city shall make a decision on a project permit application and provide notice of that decision within one hundred twenty days after a project permit application is determined to be complete, except as set out in this section. If the city is unable to issue its final decision on a project permit 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.

1. Preliminary Plats. Pursuant to RCW 58.17.140, preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from the date of filing thereof unless the applicant consents to an extension of such time period or the ninety-day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3). The ninety-day period shall not include the time spent preparing and circulating an environmental impact statement by the local governmental agency.

2. Final Plats and Short Plats. Pursuant to RCW 58.17.140, final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period.

B. Notice of Decision. The city shall issue a notice of decision contemporaneously with the decision. The notice of decision shall include a statement of any threshold determination made under SEPA, the procedures for administrative appeal, if any, and for Type II, III and IV project permits, shall contain the requirements set forth in Section 19.26.020(A).

1. The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.

2. The notice of decision on Type III and IV project permits shall also be provided to the public as set forth in Section 19.22.010(A)(2) by publication. (Ord. 1460 § 3 (Exh. B) (part), 2013: Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.05.070(C) – (F)).

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

A. In determining the number of days that have elapsed after the administrator has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of final decision, 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 of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or fourteen 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 city and the applicant in writing agree to a time period for completion of an environmental impact statement;

4. Any period for administrative appeals of project 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 days for an open record appeal hearing; and

b. Sixty days for a closed record appeal.

The parties may agree to extend these time periods;

5. Any extension of time mutually agreed upon by the applicant and the city in writing; and

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

1. Requires an amendment to the comprehensive plan or a development regulation;

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

3. Is an application for a permit or approval described in Section 19.18.040; or

4. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70B.070 and Sections 19.18.050 and 19.18.060. (Ord. 1411 § 5 (Exh. E) (part), 2010: Ord. 1037 § 1 (part), 1996. Formerly 19.05.080).

19.18.110 Expiration of applications.

A. Any project permit application which has been determined to be complete, and for which the applicant fails to complete the next application step for a period of one hundred eighty days after issuance of the determination of completeness, or for a period of one hundred eighty days after the city has requested and received additional information or studies from the applicant, whichever is later, will expire and become null and void. The city may grant one extension of up to one hundred eighty days upon application made prior to the expiration of the one-hundred-eighty-day period. The administrator may extend additional time of extension for good cause at the administrator’s discretion.

B. For purposes of this section, all time during which the city is reviewing materials submitted by an applicant will be excluded in calculating the number of days subject to the deadlines established in this subsection.

C. This section shall apply to applications regardless of whether the applications were submitted prior to the effective date of this section, as amended. (Ord. 1460 § 3 (Exh. B) (part), 2013).

19.18.120 Vesting.

 A. Vested Application. Complete applications required by the city of Chelan pursuant to this title shall be considered under this chapter and the zoning, development and other land use control ordinances contained in the Chelan Municipal Code, and any uncodified ordinances modifying the same, in effect on the date a fully complete application is filed with the city. For the purposes of this section, a vested application shall mean that the applicant is entitled to implement the development proposal described in the application under the zoning, development and land use ordinances applied by the city in its review of the application without being subject to changes in development regulations subsequent to the submittal date except to the extent allowed by the city’s police power to protect the public health, safety and welfare.

B. Subsequent Regulations. An applicant may have the option of subjecting its development to any subsequently enacted land use ordinances. However, should an applicant choose to subject its development to a subsequently enacted land use ordinance, this shall have the effect of subjecting the development to all land use ordinances enacted after the application is vested, unless the city and applicant agree otherwise. In order for the planning official to grant such a request, the applicant must demonstrate how later enacted ordinance(s) will benefit both the project and the city while maintaining consistency with the comprehensive plan. The applicant must also demonstrate that use of later enacted ordinances will not conflict with other ordinances to which the development remains subject and will not be significantly detrimental to the health, safety or general welfare of the city.

C. Exception to Vesting. Unless expressly authorized elsewhere in this title, vested rights shall apply only to development regulations and shall not be applied to permit processing fees, development review fees, other lawful fees, and regulations that affect the procedure through which a project permit application is processed or reviewed. (Ord. 1491 § 8 (Exh. J), 2015).