Chapter 26.10
CONSOLIDATED DEVELOPMENT PERMIT PROCESS

Sections:

Part One. Authority and Administration

26.10.010    Authority.

26.10.020    Purpose and objectives.

26.10.030    Administration.

26.10.040    Definitions.

Part Two. Applicability and Categories of Permit Processing

26.10.200    Applicability and exemptions.

26.10.210    Categories of land use application types.

26.10.220    Summary tables of land use permit type categories and processes.

26.10.230    Optional land use pre-application meetings.

Part Three. Land Use Permit Processing – General Requirements

26.10.310    Content of application.

26.10.320    Determination of completeness for processing.

26.10.330    Vesting of application.

26.10.340    Application review criteria and agency comment.

26.10.350    Integrated project and SEPA review.

Part Four. Public Notice for Land Use Applications

26.10.400    Notice of development applications.

26.10.410    Methods of public notice.

26.10.420    Public hearing limitation.

26.10.430    Special procedures for Shoreline Master Program permits.

Part Five. Land Use Application Review and Approval Process

26.10.500    Administrator authority for Type I and II permits.

26.10.510    Hearing Examiner for Type III permits.

26.10.520    Special procedures for Board action on final subdivisions.

26.10.530    Procedures for open record public hearings or open record appeal hearings.

26.10.540    Time limit for final decision – Exceptions.

26.10.550    Project consistency.

26.10.555    Code interpretation.

26.10.560    Project decision – Notice of decision.

Part Six. Reconsideration and Appeal of Land Use Decisions

26.10.600    Procedures for reconsideration.

26.10.610    Administrative appeals on project decisions.

26.10.620    Procedures for open record appeal hearings.

26.10.630    Reserved.

26.10.640    State Environmental Policy Act (SEPA) appeals.

26.10.650    Judicial appeals.

Part Seven. Monitoring Effectiveness of Land Use Application Processing

26.10.700    Performance monitoring.

26.10.705    Performance guarantees.

26.10.710    Severability.

26.10.720    Effective date.

SOURCE:    ADOPTED:

Ord. 632    02/03/98

AMENDED SOURCE:    ADOPTED:

Ord. 693    06/13/00

Ord. 821    04/03/07

Ord. 879    12/13/11

Part One. Authority and Administration

26.10.010 Authority.

The County of Clallam (hereinafter referred to as “the County”) adopts this chapter under the State Growth Management Act, Chapter 36.70A RCW, as amended, the Regulatory Reform Act, Chapter 36.70B RCW, as amended, and Section 5.25 of the Clallam County Charter.

26.10.020 Purpose and objectives.

The purpose of this chapter is to implement the requirements of the Washington State Regulatory Reform Act, Chapter 347, Laws of 1995, as amended, by consolidating development application and review with the environmental review process in order to avoid duplicative regulation and environmental analysis, and to provide an overlay permit processing procedure ordinance for Clallam County development regulations.

26.10.030 Administration.

The Administrator of this chapter shall be the Director of the Department of Community Development and/or his/her designee.

26.10.040 Definitions.

(1) “Appellant” means a person, organization, association or other similar group who files a complete and timely appeal in accordance with Clallam County Code.

(2) “Applicant” means a person (or persons) who is the legal owner of the subject property or the representative authorized in writing of the owner of the subject property and who has applied for a land use permit. If a personal representative has been authorized in writing to proceed on behalf of the property owner with an application, the County shall deal exclusively with that representative as the primary contact for the application proposal.

(3) “Application” means any land use or environmental permit or license required from the County for a proposed development or action subject to this chapter, including, but not limited to, building permits subject to SEPA, zoning conditional use or variances, land divisions, shoreline substantial development permits or conditional uses or variances or exemptions, and critical areas permits.

(4) Closed Record Appeal. A “closed record appeal” is held by the appropriate decision-making body to act on such appeal on the record or decision following the conclusion of an open record hearing held on an application whereby the appeal involves a review of the record or decision with no new evidence or information allowed to be submitted unless it could not with reasonable diligence have been discovered and produced at the open record hearing. Only written appeal argument will be allowed by the person(s) filing such appeal, the applicant if different than the appellant, and any parties of record. Argument shall be based on the record. The closed record appeal is held at either a regularly or specially scheduled meeting by the appropriate authority to act on such appeal.

(5) “Complete application for processing” shall refer to a development application subject to this chapter, which has been determined by the review staff to contain the minimum application requirements specified under CCC 26.10.310. Determining an application to be complete for processing shall not prevent the review authority from requesting additional information relating to the proposal if that is necessary for reaching an informed decision.

(6) Days. All “days” mean calendar days unless otherwise specified.

(7) “Decision” means a final determination on a land use permit application by the designated decision-making body, or a final decision on other matters addressed by this chapter.

(8) “Decision-making body” means that officer or body prescribed by applicable County regulations as having the authority to approve, approve with conditions, or deny a project permit, or render a final decision, in accordance with adopted County land use regulations, or a final decision on other matters addressed by this chapter; this may include the Administrator of the applicable regulation, the Hearing Examiner or the Board of Clallam County Commissioners, as prescribed.

(9) Open Record Appeal Hearing. An “open record appeal hearing” is conducted by a single hearing body or officer as the appropriate decision-making body which is authorized by the Board of County Commissioners to conduct such hearing in accordance with the applicable regulation that creates the record through testimony and submission of evidence and information under procedures prescribed by the adopted regulation(s).

(10) “Open record hearing” means a hearing conducted by a single hearing body or officer as the appropriate decision-making body to conduct such hearing in accordance with the applicable regulation that creates the record through testimony and submission of evidence and information under procedures prescribed by the adopted regulation(s).

(11) “Parties of record” include the applicant and those persons who have provided oral testimony at an open record, land use hearing or who are parties to a final decision on other matters addressed by this chapter.

(12) “Permit type” means a categorization of different permits and actions into types due to similarity of procedures.

(13) Project Permit or Project Permit Application. See “Application.”

(14) Reconsideration. A request for “reconsideration” of the decision-making body’s decision may be made by any party of record in accordance with CCC 26.10.600 for the purposes of providing additional information or evidence on the application which was not available at the time of the public hearing or the date of decision, or for the purposes of clerical or factual corrections.

(15) “Record” means the oral testimony and written documents presented and accepted at an open record, land use hearing or submitted by parties for a final decision on other matters addressed by this chapter.

(16) “Vested application,” for the purposes of this chapter, means a permit application subject to the County regulations in effect on the date submitted, provided the said application is determined to be complete for processing pursuant to CCC 26.10.320. If further information is requested pursuant to CCC 26.10.320(2), vesting shall occur on the date on which the final information that results in a complete application for processing is submitted. The application shall be considered vested until final approval has been granted or the permit application has expired. The term “vested application” shall not in any way imply or otherwise indicate the granting of approval of a permit, or imply license to proceed with development related to the underlying vested application.

Part Two. Applicability and Categories of Permit Processing

26.10.200 Applicability and exemptions.

This chapter shall apply to land use permit applications as listed in CCC 26.10.210 for land developments pursuant to the following titles and chapters of the Clallam County Code. Unlisted land use permit applications are exempt from the provisions of this chapter. This chapter shall apply to other matters and final decisions as referenced in other titles and chapters of the Clallam County Code.

(1) Chapter 33.57 CCC, Sign Code;

(2) Chapter 26.01 CCC, Planning Agency;

(3) Chapter 26.04 CCC, Hearing Examiner Code;

(4) Chapter 27.01 CCC, Environmental Policy Code;

(5) Chapter 27.12 CCC, Critical Areas Code;

(6) CCC Title 29, Land Division Code;

(7) CCC Title 33, Zoning Code;

(8) Chapter 35.01 CCC, Shoreline Management Code.

26.10.210 Categories of land use application types.

(1) The decision-making body authorized for a certain type of permit or action is specified by the applicable regulation. For the purposes of this section, the Clallam County Hearing Examiner shall be the decision-making body for Type III permits filed under those regulations stipulating the Board of Adjustment or the Shorelines and Sensitive Areas Committee as the review authority.

(2) Types of Permits or Actions and Decision-Making Body. Land use applications which are subject to this chapter are classified into three major categories based on the permit review process: (i) Type I, administrative with no public notice; (ii) Type II, administrative with limited public notice; and (iii) Type III, quasi-judicial with full public notice.

(a) Type I – Administrative without Public Notice. Type I permit decisions are made by the Administrator or their designee. Administrative review shall include the application of clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues. Type I permits are exempt from all permit processing requirements as set forth in this chapter, except for appeal procedures set forth in Part Six, and limitations to permit processing timelines set forth in CCC 26.10.540. Appeal of Type I permits shall be heard by the Hearing Examiner in an open record appeal hearing. Type I permits include the following types of land use applications:

(i) Boundary line adjustments pursuant to CCC Title 29, Land Division Code;

(ii) Lot combinations pursuant to CCC Title 29, Land Division Code;

(iii) Interpretations of the Zoning Code or other development regulations, which are not associated with the processing of a specific permit issued by the Department of Community Development;

(iv) Review of special reports pursuant to Chapter 27.12 CCC, Critical Areas Code;

(v) Short plat alterations or vacations pursuant to CCC Title 29, Land Division Code;

(vi) Large lot division alterations or vacations pursuant to CCC Title 29, Land Division Code;

(vii) SEPA threshold decisions not associated with other land use permits regulated under this chapter;

(viii) Shoreline exemptions pursuant to Chapter 35.01 CCC;

(ix) Certificate of compliance and buffer averaging requests pursuant to Chapter 27.12 CCC, Critical Areas Code.

(b) Type II – Administrative with Public Notice. Type II permit decisions are made by the Administrator or their designee. Administrative review shall include the application of clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues. Type II permits shall be reviewed for all permit processing requirements as set forth in this chapter. Appeal of Type II permits shall be heard by the Hearing Examiner in an open record appeal hearing. Type II permits include the following types of land use applications:

(i) Preliminary short plat approvals pursuant to CCC Title 29, Land Division Code;

(ii) Preliminary large lot division approvals pursuant to CCC Title 29, Land Division Code;

(iii) Administrative variance applications pursuant to Chapter 33.57 CCC, Sign Code.

(c) Type III – Quasi-Judicial. Type III permit decisions are made by the Hearing Examiner, with appeals to Superior Court or other appropriate tribunal. Authority and procedures for open and closed record hearings before the Hearing Examiner are guided by this chapter, Chapter 26.04 CCC, Clallam County Hearing Examiner Code, the rules of proceedings of the Clallam County Hearing Examiner, and any other applicable development regulation. Type III permits include the following types of land use applications:

(i) Preliminary approval of a subdivision or binding site plan pursuant to CCC Title 29, Land Division Code;

(ii) Variances pursuant to CCC Title 29, Land Division Code;

(iii) Zoning conditional use and variances pursuant to CCC Title 33, Zoning Code;

(iv) Critical area variances and reasonable use exceptions pursuant to Chapter 27.12 CCC, Critical Areas Code;

(v) Shoreline substantial development, conditional use and variances pursuant to Chapter 35.01 CCC, Shoreline Management Code, and the Shoreline Master Program;

(vi) PUDs, cluster, master planned resorts pursuant to CCC Title 29, Land Division Code, and CCC Title 33, Zoning Code;

(vii) Variances pursuant to Chapter 33.57 CCC, Sign Code.

26.10.220 Summary tables of land use permit type categories and processes.

(1) Overview of Permit Process for Each Permit Type.

Permit Action Type and Permit Procedure

 

Type I

Type II

Type III

Notice of application and public notice required

Yes (including: Summary notice of decision)

Yes (including: Notification of neighboring residents, posting of property, and summary notice of permit decision)

Yes (including: Posting of property, notification of neighborhood residents, and notification in local newspaper)

Public hearing required

No

No

Yes

Final decision by (decision-making body)

Administrator

Administrator

Hearing Examiner

Type of appeal process and appeal authority

Two appeals: Open record appeal hearing before Hearing Examiner followed by appeal to Superior Court or appropriate tribunal

Two appeals: Open record appeal hearing before Hearing Examiner followed by appeal to Superior Court or appropriate tribunal

Appeal to Superior Court or appropriate tribunal

(2) Categories of Land Use Permit Types.

List of Permits or Actions by Category

Type I

Administrative

Type II

Administrative

Type III

Quasi-Judicial (Hearing Examiner)

Boundary line adjustments and lot combinations pursuant to CCC Title 29, Land Division Code

Short plats pursuant to CCC Title 29, Land Division Code (new applications)

Preliminary decision on subdivisions (new, alteration, vacations) and binding site plans; all variances to CCC Title 29, Land Division Code

Administrative interpretations pursuant to CCC 26.10.555 which are not associated with the processing of a specific permit issued by the Department of Community Development

Large lot divisions pursuant to CCC Title 29, Land Division Code (new applications)

Zoning conditional uses and variances pursuant to CCC Title 33, Zoning Code

Review of special reports, buffer averaging and issuance of certificate of compliance pursuant to Chapter 27.12 CCC, Critical Areas Code

Administrative variances pursuant to Chapter 33.57 CCC, Sign Code

Variances and reasonable use exceptions pursuant to Chapter 27.12 CCC, Critical Areas Code

Alteration or vacation of a short plat or large lot division pursuant to CCC Title 29, Land Division Code

 

Shoreline substantial development, conditional use and variance permits pursuant to Chapter 35.01 CCC, Shoreline Management Code, and the Clallam County Shoreline Master Program

SEPA threshold decisions not associated with other land use permits listed in this table

 

PUD, cluster developments, MPRs pursuant to CCC Title 33, Zoning Code

Shoreline exemptions pursuant to Chapter 35.01 CCC, Shoreline Management Code

 

Variances pursuant to Chapter 33.57 CCC, Sign Code

26.10.230 Optional land use pre-application meetings.

(1) All prospective applicants for Type I – III permits may apply for a pre-application meeting on the pre-application form provided by the Administrator. The pre-application meeting fees, paid to the Department of Community Development, will be applied to the subsequent land use permit application, if applicable. The pre-application meeting shall take place at the County courthouse unless otherwise agreed.

(2) The purpose of the pre-application meeting is to provide the applicant with the best available information regarding the application requirements and development information necessary for review prior to expenditure of the application fees and scheduling of the application review process. The pre-application meeting provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed application. The pre-application meeting shall include review of the application and permit requirements, fees, review process and schedule, applicable standards, plans, policies, and laws.

(3) Scheduling of the pre-application meeting should be made as soon as practicable from the date the request is submitted on forms provided by the Administrator unless otherwise authorized by the applicant, along with the appropriate fee in accordance with Chapter 5.100 CCC, Consolidated Fee Schedule. If for any reason key staff is unable to attend a scheduled pre-application meeting, the applicant shall have the opportunity to reschedule the meeting for a later time during which pertinent staff are available to attend.

(4) The Administrator shall endeavor to provide a brief, written summary of the meeting to the applicant within 10 calendar days unless otherwise authorized by the applicant. The summary shall refer to applicable code sections that apply to such proposals and describe any additional issues which may require applicant to research or provide additional information as needed.

(5) The discussion at the pre-application meeting or content of the summary of the pre-application meeting shall not bind or prohibit the County’s future enforcement of applicable regulations.

Part Three. Land Use Permit Processing – General Requirements

26.10.310 Content of application.

An application shall contain all materials required by the applicable provisions of the Clallam County Code, including the following:

(1) A completed application form, including a SEPA checklist when applicable.

(2) Applications shall be filed with the Department of Community Development, Planning Division, by the property owner or by an authorized agent who is granted said authorization in writing.

(3) A legal description, including a copy of the most recent deed, tax parcel number, and site plan which identifies all easements, natural features, legal access and restrictions or encumbrances restricting the use of the property, if applicable.

(4) A filing fee in the amount established under Chapter 5.100 CCC, Fee Schedule, paid to the Department of Community Development, Planning Division, at the time an application is made.

(5) All permit applications shall include the information specified in the chapter of the County Code pertaining to the specific type of development permit being applied for. The County may require such additional information as reasonably necessary to fulfill and properly evaluate the proposal.

(6) At every stage of the permit application process, the burden of demonstrating that any proposed development is consistent with this chapter and other applicable, adopted regulations, is upon the applicant.

(7) When multiple owners or applicants are involved, the County shall require the designation of a single person or entity to receive determinations and notices and to be the primary contact.

26.10.320 Determination of completeness for processing.

(1) Within 28 days of receiving an application for a Type II – III permit, the County shall review the application and provide the applicant with a written determination that the application is complete for processing or incomplete. A Type II – III permit application shall be declared complete for processing only when it contains all of the following materials or information:

(a) A fully completed, signed and acknowledged development permit application on the form provided by the Administrator.

(b) A fully completed, signed and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act.

(c) All applicable review fees pursuant to Chapter 5.100 CCC, Fee Schedule.

(d) The information specified for the desired permit in the appropriate chapter of the County Code.

(2) For applications determined to be incomplete, the County shall identify in writing the specific requirements or information necessary to constitute a complete application for processing. Upon submittal of the additional information, the County shall, within 14 days, either issue a determination of completeness or identify what additional information is required. The process shall be repeated until the application is deemed complete for processing or until a time period of 120 days has elapsed. If no response or request to withdraw the application is received after 60 days of notifying the applicant of needed information, or 120 days of receipt of the application, whichever is earlier, the Administrator shall make a written determination that the application has been abandoned. The application is therefore withdrawn, and the application fee is forfeited. The County shall notify the applicant 14 days prior to making a determination that the application has been abandoned. The notification shall be made in person, or by certified mail with return receipt requested.

(3) A determination of completeness shall not preclude Clallam County from requesting additional information or studies if more information is required or a change in the proposed development occurs.

(4) Exceptions to these time limits are further outlined in CCC 26.10.540.

(5) A determination of completeness issued pursuant to this section shall not provide assurance or otherwise imply that a permit application will be approved.

(6) An application shall be deemed complete for processing under this subsection unless a written determination of incompleteness is provided to the applicant within 28 days of the date of application submittal pursuant to subsection (1) of this section, or within 14 days of providing requested information pursuant to subsection (2) of this section. For the purpose of establishing the permit process timeline required under subsection (2) of this section, such applications shall be considered complete for processing on the date the County response is due unless notice of incomplete application is issued consistent with this subsection.

26.10.330 Vesting of application.

Applications described in CCC 26.10.210(2) shall become vested on the date submitted, provided the said application is determined to be complete for processing pursuant to CCC 26.10.320. If further information is requested pursuant to CCC 26.10.320(2), vesting shall occur on the date on which the final information that results in a complete application for processing is submitted. The application shall be considered vested until final approval has been granted or the permit application has expired. The term “vested application” shall not in any way imply or otherwise indicate the granting of approval of a permit, or imply license to proceed with development related to the underlying vested application. Thereafter, the application shall be reviewed pursuant to the adopted regulations, codes, or other laws in effect on the date of vesting, consistent with the following:

(1) An application described in CCC 26.10.210(2) that is deemed complete for processing is vested for the specific use, density, and physical development that is identified in the application submittal and shall be subject to all development regulations in effect on the date of vesting, as conditioned by the review authority. An application shall be considered vested as long as the permit application or approval is considered valid by the underlying regulation. A final decision for a permit application pursuant to this subsection shall be made on the basis of the applicable regulations in effect on the date the application is deemed complete for processing.

(2) An application received by the Department of Community Development that is not described in CCC 26.10.210(2) shall be governed by those standards which apply to said application and shall not vest for any additional permits, licenses or development regulations beyond the immediate scope of the specific application.

(3) If substantial modifications are made to an application that was complete for processing, the application shall no longer be considered complete. The application will not be considered vested until a new determination of completeness has been made. Modifications shall not require a new application or revised public notice if the changes are determined not to be substantial. However, any modification may require additional fees or supporting information as necessary for consistent and informed review. Conditions required by the Department of Community Development for approval of an application shall not be considered substantial modifications. Modifications to an application that exceed the standards established by the underlying regulation(s) shall not be permitted. For the purpose of this subsection, modifications shall be considered substantial if one or more of the following applies:

(a) The modification adds more than 25 percent gross square footage to proposed structures on the site;

(b) The perimeter boundaries of the original site are extended by more than five percent of the original lot area;

(c) The modification increases the overall impervious surface on the site by more than 25 percent;

(d) The modification increases the overall residential density of the development;

(e) The modification increases or substantially relocates points of access, unless supported by a revised traffic analysis;

(f) The modification reduces designated open space by more than 10 percent; or

(g) The modification consists of changing the intended use of the original proposal to a new use.

(4) Timelines for valid duration and expiration of a development permit shall be governed by the applicable regulation and/or as specifically conditioned by the review authority. The applicant shall be responsible for monitoring time limitations and deadlines for a specific application. The County shall not be responsible for maintaining a valid application. If an application subject to this chapter expires, the applicant may file a new application, but shall be subject to the development regulations in effect on the date the new application is deemed complete for processing.

(5) An applicant may voluntarily waive vested rights at any time during the processing of an application by submitting a written and signed waiver to the Administrator stating that the applicant agrees to comply with all development regulations in effect on the date of delivery of the waiver request.

26.10.340 Application review criteria and agency comment.

(1) Application review criteria for Type I – III permits shall be governed by and be consistent with the fundamental land use planning policies which have been established in the comprehensive plans and development regulations. The review process shall consider the type of land use allowed at the proposed site, the density and intensity of the proposed development, the infrastructure available and needed to serve the development, the cumulative effects the development may have in relation to similar developments in the vicinity, the characteristics of the development and its consistency with development regulations. In the absence of applicable development regulations, the applicable development criteria in the comprehensive or subarea plan adopted under CCC Title 31 and Chapter 36.70A RCW (the Growth Management Act) shall be determinative.

(2) Application Review and Agency Comment.

(a) The purpose of reviewing an application is to ensure that adequate information is contained in the application materials to demonstrate consistency with applicable comprehensive plans, development regulations and other applicable County codes. The project planner will coordinate the involvement of agencies responsible for the review of the proposals under his/her authority.

(b) The project planner assigned to the permit application shall circulate the application to the appropriate review agencies, including other County Departments or Divisions of the Department of Community Development. Comments shall be returned to the project planner within 10 days.

(3) Optional Consolidated Review.

(a) When requested by the applicant, the County shall provide a single application review and approval process covering all development permits required by an applicant for all or part of a project action and shall designate a single permit coordinator for such review. Review fees are established by Chapter 5.100 CCC, Consolidated Fee Schedule. All notices required shall provide an explanation of each permit application type being applied for and shall also include the determination of completeness, notice of application and notice of decision as specified in this chapter.

(b) If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of decision must include all project permits being reviewed through the consolidated permit review process.

(c) In the case of consolidated permit review of Type I or II permits, the Administrator shall make the final decision unless appealed.

(d) In the case of consolidated project permit review which includes a Type III permit, the Hearing Examiner shall conduct the consolidated open record public hearing and shall make the final decision.

26.10.350 Integrated project and SEPA review.

(1) The Administrator may determine that requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of the project’s specific probable significant adverse impacts to which the requirements apply.

(2) Nothing in this section limits the County’s authority to approve, condition, or deny a project as provided in its development regulations adopted under Chapter 36.70A RCW (the Growth Management Act) and in its policies and criteria adopted under Chapter 43.21C RCW, including project review under Chapter 27.01 CCC, SEPA Code, and Chapter 27.12 CCC, Critical Areas Code.

Part Four. Public Notice for Land Use Applications

26.10.400 Notice of development applications.

For all Type II and III permits, a notice of development application is required which shall comply with this section.

(1) Within 14 days of issuing a determination of completeness under this chapter and no less than 15 days prior to a public hearing, if any, the County shall issue a notice of development application for those project permits specified as Type II or III permits pursuant to this chapter. This notice does not substitute for any other required notice but may be combined with other notices where feasible. The notice shall include, but not be limited to, the following:

(a) Name of the applicant;

(b) Date of application;

(c) Dates of the determination of completeness and the notice of application;

(d) Location and description of the development, including an address or road name and legal description;

(e) Requested permits, actions, and/or studies;

(f) Statement of the public comment period, including SEPA comments, which shall be not less than 14 days nor more than 30 days following the date of the notice of all development applications. The notice of application may include the notice of public hearing where feasible;

(g) Statement providing information about the right of any person who is a party of record to comment on the application, to receive notice of and participate in any hearings and to request a copy of the decision once made;

(h) Identification of existing environmental documents that evaluate the proposed project and location where the application and any studies can be reviewed;

(i) The County staff contact person and phone number;

(j) Date, time and place of the public hearing or public meeting, whichever is applicable;

(k) Statement of the SEPA threshold determination, if applicable, if one has been made at the time of notice or the date the permit is to be issued;

(l) Statement that the decision on the application should be made within 120 days of the date of the determination completeness, except as provided in CCC 26.10.540;

(m) Statement of preliminary determination of consistency with applicable development regulations and the Comprehensive Plan and of those development regulations that will be used for project mitigation and the determination of consistency;

(n) The names of other permit agencies that may have jurisdiction over the application to the extent known by either the applicant or Clallam County.

26.10.410 Methods of public notice.

(1) Type II Permits – Limited Public Notice. A notice of development application for a Type II permit shall be sent by mail by the Administrator. The applicant is responsible for mailing costs of said notice and shall obtain the official list of names and addresses from the County Assessor’s office. If the applicant/owner of the proposed project permit owns contiguous property to the project, notice shall apply to the boundaries of such contiguous parcels. Public notice shall be mailed to the property owner(s), applicant(s), authorized agents, and also to all owners of adjacent properties that abut the subject property or properties under contiguous ownership of the owner/applicant of the subject permit within 14 days of issuing a determination of completeness for processing. For the purposes of this section, properties separated by public right-of-way are considered to be adjacent properties.

(2) Type III Permits – Full Public Notice. A notice of development applications for a Type III permit shall be sent by mail by the Administrator not less than 15 days prior to the open record public hearing. The applicant is responsible for mailing costs of said notice and shall obtain the official list of names and addresses from the County Assessor’s office. If the applicant/owner of the proposed project permit owns contiguous property to the project, notice shall apply to the boundaries of such contiguous parcels. Public notice is mailed to the property owner(s), applicant(s), authorized agent(s), and also to all owners of adjacent properties as follows:

(a) The owners of property within 300 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as being within an urban growth area by the Comprehensive Plan, CCC Title 31.

(b) The owners of property within 600 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as being a rural designation by the Comprehensive Plan, CCC Title 31.

(c) The owners of property within 1,000 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as commercial forest, commercial forest/mixed use, or agricultural overlay by the Comprehensive Plan, CCC Title 31.

(3) Posting Property. A notice of development application for Type II and III permits, in the form of a sign and written notice provided by the County, shall be posted on the subject property not more than 10 days after notification that the application is deemed complete for processing nor less than 15 days prior to the date of a hearing, if applicable. An affidavit of posting shall be submitted by the applicant for the record. The notice shall remain on the property throughout the duration of the application review period and shall be replaced immediately upon knowledge of its removal. Failure to provide public notice due to unauthorized removal of duly posted signs beyond the control of the applicant shall not invalidate any proceedings required in this chapter. The sign shall be placed in the most visible area possible along a public right-of-way; if no public right-of-way is adjacent to the subject property, the sign shall be placed along an ingress/egress easement or another area as determined by the Administrator.

(4) Failure to send notice by mail to any such property owner where the address of said owner is not a matter of public record or because the ownership is not of public record shall not invalidate any proceedings required in this chapter. Documents of record with the County Assessor’s office shall be controlling as to the status of legal ownership.

(5) When public hearings are required for those project permits subject to this chapter for Type III permits, notice of public hearing shall be combined with notice of application where feasible. Should a conflict on public notice proceedings occur, the procedures adopted in this chapter shall apply.

(6) Publishing a public notice. When required, a notice of public hearing shall be published in a newspaper of general circulation at least once, not less than 15 days prior to the date set for the hearing.

(7) Summary Notice of Administrative Permit Decisions. On the day a decision on a Type I or Type II permit is issued, the Administrator shall prepare and post a notification report of the decision. The report shall include the name(s) of the applicant(s), the address or location of the subject property, a brief description of the subject proposal, and the decision. The notice shall be posted in a public location at the office of the Department of Community Development and be available during normal business hours in such location for the duration of the 14-day appeal period required under CCC 26.10.610(4). The Planning Division is also authorized and directed to provide additional notification methods where practicable.

26.10.420 Public hearing limitation.

(1) There shall be no more than one open record hearing on any application regulated by this chapter, except for those applications which are associated with a determination of significance under Chapter 43.21C RCW, SEPA, and Chapter 27.01 CCC, SEPA Code.

(2) If an applicant so requests, a hearing on any project permit may be combined with any hearing held by another local, state, regional, federal, or other agency; provided, that the hearing is held within the geographic boundary of the County; and provided, the joint hearing can be held within the time period guidelines specified in this chapter or the applicant agrees to an alternate schedule in the event that additional time is needed in order to combine the hearings.

26.10.430 Special procedures for Shoreline Master Program permits.

In accordance with Chapter 90.58 RCW and Chapter 173-27 WAC (the Shoreline Management Act), public notice for a shoreline substantial development, shoreline conditional use and shoreline variance shall comply with this chapter, except that the mailing and legal advertisement for the public hearing shall be made not less than 30 days prior to the open record public hearing. Posting of the property shall comply with CCC 26.10.410(3).

Part Five. Land Use Application Review and Approval Process

26.10.500 Administrator authority for Type I and II permits.

(1) The Administrator may approve, approve with conditions, or deny all Type I and II permit applications. The Administrator’s decisions for Type I or II permits section shall be final on the date issued unless appealed.

(2) As provided in CCC 26.10.400 and 26.10.400(1), a notice of application is required for all Type II permits whereby the Administrator shall not take action on said permit prior to the expiration of the comment period, which shall not be less than 14 days.

(3) Any interested person may inquire and provide written comments on any Type I or II permits, which shall be considered by the Administrator.

(4) A notice of decision is required for Type I and II permits. The notice of decision shall contain the information specified and be consistent with CCC 26.10.560. In addition to the approval criteria listed in applicable adopted regulations, the Administrator shall not approve a permit application unless it is consistent with CCC 26.10.550. Written findings of fact and conclusions of law for Type I – II permits are required by this chapter.

26.10.510 Hearing Examiner for Type III permits.

(1) The Hearing Examiner may approve, approve with conditions, or deny all Type III permits or Type I – II appeals. The Hearing Examiner’s decisions under this section shall be final on the date issued unless appealed. The required notice of decision for this action may be in the form of a permit issued by the Administrator and shall be consistent with CCC 26.10.560.

(2) Required Findings. In addition to the approval criteria listed in applicable adopted regulations, the Hearing Examiner shall not approve a permit application unless it is consistent with CCC 26.10.550. Written findings of fact and conclusions of law for Hearing Examiner decisions are required by this chapter.

26.10.520 Special procedures for Board action on final subdivisions.

As the legislative authority for Clallam County, the Board shall grant final approval for all subdivisions under CCC Title 29. The Administrator shall forward the final subdivision to the Board along with a written recommendation on whether or not it meets the requirements set forth for preliminary approval and, if recommending approval, shall transmit the final subdivision for the Board signature whereby the Board shall take final action by majority vote at a regular public meeting; a public hearing is not required. No public notice is required for final approval of subdivisions but the action shall be included as an agenda item for the regular meeting. The Board’s final action may be appealed to the Superior Court in accordance with State law and Chapter 36.70C RCW.

26.10.530 Procedures for open record public hearings or open record appeal hearings.

(1) Procedures for Open Record Public Hearings. Open record public hearings and open record appeal hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall create or supplement an evidentiary record upon which the body will base its decision in addition to the procedures set forth by this chapter. Questions directed to the staff or the applicant shall be posed by the chair at its discretion. In cases where scientific standards and criteria affecting project approval are at issue, the chair shall allow orderly cross-examination of expert witnesses presenting reports and/or scientific data and opinions. The decision-making body may address questions to any party who testifies at a public hearing. The chair shall open the public hearing and, in general, observe the following sequence of events:

(a) Staff presentation, including submittal of any administrative reports prepared for the permit decision or as response to an appeal, if applicable.

(b) Applicant presentation, including submittal of any materials.

(c) Testimony or comments by the public germane to the matter.

(d) Rebuttal, response or clarifying statements by the staff, the applicant, the appellant and the parties of record at the chair’s discretion.

(e) The evidentiary portion of the public hearing shall be closed and the decision-making body shall deliberate on the matter before it.

(2) Hearings shall be electronically recorded and such recordings shall be a part of the official record. Copies of the recordings shall be made available to the public for reasonable costs. Transcripts of the hearings are not provided unless requested and paid for by the requester.

(3) Rights and Responsibilities of Parties.

(a) Clallam County has the right to present evidence and testimony, object, make motions, arguments, recommendations and all other rights essential to a fair hearing.

(b) Clallam County has the responsibility to provide public notice in compliance with this chapter, provide a staff report at least seven days prior to a hearing, provide a recommendation, present materials at hearings, provide the decision-making body with documentation relevant to the case, and provide revised plans if received within seven days of the hearing.

(c) Every applicant or appellant shall provide the decision-making body with material that supports his/her case, be prepared for questions at the public hearing, and be courteous to all who participate in the proceedings.

(d) Every party of record, including the applicant or appellant, if applicable, shall have the right to present evidence and testimony at hearings. The right of parties of record to cross-examine, object, submit motions and arguments shall be at the discretion of the decision-making body. The decision-making body may impose reasonable limitations on the number of witnesses and length of testimony, as well as the amount and style of cross-examination.

(e) Parties of record shall conduct themselves with civility and deal courteously with all involved in the proceedings.

26.10.540 Time limit for final decision – Exceptions.

(1) One-Hundred-Twenty-Day Time Limit. The final decision on project permit applications categorized as Type II – III should be made within 120 days from the date of the determination of completeness. The time limit for the processing of Type I permits should not exceed 120 days from the date of application.

(2) Excluded Time Periods. In determining the number of days that have elapsed after the County has notified the applicant that the application is complete for processing, the following periods shall be excluded:

(a) Any period during which the applicant has been requested by the County to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the County notifies the applicant of the need for additional information until the date the County determines the additional information satisfies the request for information or 14 days after the date the information has been provided to the County, whichever is earlier;

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

(c) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, Chapter 197-11 WAC (SEPA), and Chapter 27.01 CCC (SEPA Code);

(d) Any period for administrative appeals of project permits or SEPA appeals not to exceed 90 days for open record appeal hearings or 60 days for closed record appeal hearings;

(e) Any extension of time mutually agreed upon by the applicant and the County;

(f) Any reconsideration action to the Administrator or Hearing Examiner.

(3) Time Limit Exceptions for Certain Applications. The 120-day time limit shall not apply if a project permit application:

(a) Requires an amendment to the Comprehensive Plan text or map, or a development regulation;

(b) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.07A.200; or

(c) Is substantially revised by the applicant, consistent with CCC 26.10.330(3).

(4) Overview of Standard Permit Process Timelines.

Standard Process Timelines Guidelines by Permit Category

Timeline Element

Type I

Type II

Type III

A determination of complete application for processing, or incomplete application, shall be issued 28 days from the date the application if submitted.

No

Yes

Yes

For applications determined to be incomplete, a new determination of completeness or incompleteness shall be issued 14 days from the date the requested new information has been submitted. This process shall be repeated until the application is deemed complete for processing.

No

Yes

Yes

Once deemed complete for processing, the review authority should provide a decision on the underlying permit within 120 days for the date of completeness.

Yes (from date of application)

Yes

Yes

Appeal Period – A permit issued by Clallam County that is subject to this chapter shall not be acted upon within 14 days of the date the decision is placed in the mail, to allow for any appeals of the decision.

Yes

Yes

Yes

Appeal Process – The review authority on an appeal provided for in this chapter should issue a decision on the appeal within 90 days of submittal of application for administrative or SEPA appeals, and within 60 days of application for closed record appeal hearings.

Yes

Yes

Yes

Note – Exceptions to these timelines are specified under CCC 26.10.330(3) and this section.

Yes

Yes

Yes

(5) Time Limit Extensions. If the County is unable to issue its final decision within the time limit guidelines, it shall provide written notice of this fact to the project applicant; provided, that any extension of such time limit for a permit decision shall not exceed one additional time period according to permit type or action. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of final decision.

26.10.550 Project consistency.

(1) During review of Type I – III permits, the County shall determine a proposed project’s consistency, including conformity and compliance with the County’s regulations adopted under Chapter 36.70A RCW. In the absence of applicable development regulations, the appropriate elements of the Comprehensive Plan under Chapter 36.07A RCW, shall be used to evaluate the proposal in relation to the following:

(a) The type of land use;

(b) The level of development, such as units per acre or other measures of density;

(c) Infrastructure, including public facilities and services needed to serve the development; and

(d) The character of the development, such as development standards.

(2) During review of Type I – III permits, the County shall not re-examine alternatives or hear appeals on the items identified in subsection (1) of this section, except for issues of code interpretation.

(3) In making the County’s determination of consistency, the determinations shall be controlling, but shall not limit the County from asking more specific or related questions.

26.10.555 Code interpretation.

(1) The Administrator may be requested to interpret the provisions of development regulations subject to this chapter. Such request shall be in writing and shall be specific as to the issue of interpretation. The Administrator may obtain legal consultation from the Prosecuting Attorney as necessary and the Board of Commissioners as required under CCC 26.01.070, Administrative procedures, to ensure consistency with the spirit and intent of the subject regulation. The Administrator may request additional information or clarification as deemed necessary to evaluate the interpretation request.

(2) The Administrator may be required to interpret the provisions of development regulations as a matter of review procedures during the processing of a permit or license subject to those County ordinances specified under CCC 26.10.200. The Administrator may obtain legal consultation from the Prosecuting Attorney as necessary and the Board of Commissioners as required under CCC 26.01.070, Administrative procedures, to ensure consistency with the spirit and intent of the subject regulation. The Administrator may request additional information or clarification as deemed necessary to evaluate the interpretation request.

(3) Any final decision on a request for code interpretation shall be in writing and shall contain findings that relate to a section or sections of the Comprehensive Plan or regional plans as they apply.

(4) During the review of a code interpretation, the Administrator may defer consideration of the interpretation at their discretion to the Hearing Examiner. The Hearing Examiner may request additional information or clarification as deemed necessary to evaluate the interpretation request.

(5) Decisions on code interpretations made by the Administrator are appealable to the Hearing Examiner pursuant to CCC 26.10.620. Any decision on a code interpretation pursuant to this section resulting in, or directly associated with a permit decision, may be considered by the review authority during appeal proceedings for the underlying permit, unless said interpretation was specifically appealed according to the procedures contained herein prior to the permit decision. Code interpretations made by the Hearing Examiner are appealable to Superior Court or other appropriate tribunal.

(6) The Administrator shall maintain a clear record of all determinations relating to code interpretation. In cases involving appeals, the appellate decision shall be maintained with the record of the underlying request. All final decisions of code interpretation shall be in written form and shall be available in the office of the Department of Community Development for public inspection during regular office hours.

26.10.560 Project decision – Notice of decision.

Upon issuance of the decision on a Type I – III permit, the Administrator shall mail the final decision to the applicant within the time limits provided by CCC 26.10.540, to any parties of record or persons who have filed a written request for a copy of the decision, and to the County Assessor. The notice of decision shall include the following:

(1) A statement of the applicable review criteria and standards in the development codes and other applicable laws;

(2) A statement of the findings and conclusions of the decision-making body, as applicable;

(3) A statement of the threshold decision made under Chapter 27.01 CCC, SEPA Code, including any mitigation required under SEPA or applicable development regulations;

(4) A statement of all permit decisions made on the application to date;

(5) A statement that the decision is final unless it is appealed; guidance for appeal procedures shall be included with the notification;

(6) A statement that the complete project file is available for review or copying during normal business hours, and the name of the Department contact person.

(7) As provided in RCW 36.70B.130 (Regulatory Reform Act), affected property owners may request a change in valuation for property tax purposes which shall be determined by the County Assessor.

Part Six. Reconsideration and Appeal of Land Use Decisions

26.10.600 Procedures for reconsideration.

The applicant or a party of record for a Type I – III permit may seek reconsideration of a final decision only by filing a written request on a form provided by the Administrator within 10 calendar days of the mailing of the written decision. The decision-making body shall consider the request at its next regularly scheduled meeting or within 10 calendar days, whichever is sooner. If the request is denied, the previous action shall become final unless appealed. If the request is granted, the decision-making body may immediately revise and reissue its decision or may call for argument in a closed record hearing.

Reconsideration should be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. This section also allows a reconsideration request to be filed by the Administrator on Type III permits or Type I or II permit appeals. The Administrator has the discretion to accept or reject a request based on its content in relation to the above minimum criteria of legal error or overlooked material fact. In cases where the Administrator rejects a request for reconsideration, any aggrieved party shall have the right to appeal the underlying decision. Any determination by the Administrator relating to a request for reconsideration shall be issued within five calendar days of the date the request is filed with the Department of Community Development. If the reconsideration request is based on the submission of additional evidence that could not with reasonable diligence have been discovered and produced at the previous proceeding, the decision-maker may re-open the proceeding, such as an open record hearing, without creating any conflict with this chapter or violation of Chapter 36.70B RCW.

26.10.610 Administrative appeals on project decisions.

(1) Appeals of Type I – II Decisions. The decision or action by the Administrator on Type I or II permits shall be final on the date issued unless an appeal is filed in accordance with subsection (4) of this section. Said appeal shall be heard by the Hearing Examiner in an open record hearing.

(2) Appeals of Type III Decisions. The decision by the Hearing Examiner pursuant to this section shall be final on the date issued unless an appeal shall be made in accordance with State law, including Chapter 36.70C RCW.

(3) Appeal Process.

(a) Filing of Local Appeals. Every appeal for Type I and II permit decisions shall be filed with the Administrator within 14 calendar days after the date of notice of the decision. An appeal on the form provided by the Administrator shall be filed with the Administrator by mail or personal delivery, and must be received during normal business hours and by the last day of the appeal period, with the required appeal fee as specified in Chapter 5.100 CCC, Consolidated Fee Schedule. If the last day of an appeal period falls on a weekend or legal holiday, the appeal period shall be extended until 4:30 p.m. the next business day.

(b) Form and Content of Appeal. The application for appeal shall be on a form provided by the Administrator and shall include the following:

(i) The decision being appealed;

(ii) The name and address of the appellant and his/her interest(s) in the matter;

(iii) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;

(iv) The desired outcome or changes to the decision;

(v) The appeal fee as required by Chapter 5.100 CCC, Consolidated Fee Schedule;

(vi) Any additional requirements set forth in the underlying code;

(vii) Any additional attachments provided by the appellant.

(4) Public Notice. Public notice for an open record appeal hearing or a closed record appeal hearing shall consist of the following:

(a) Type I – II Permit Appeals. A written mailed notice shall be sent by the Administrator at least 15 days prior to the date of the open record appeal hearing. The appellant is responsible for mailing costs of said notice and shall obtain the official list of names and addresses from the County Assessor’s office. If the applicant/owner of the proposed project permit under appeal owns property contiguous to the project site, notice shall apply to the boundaries of such contiguous parcels. Notice shall be mailed to the property owner(s), applicant(s), authorized agents, any other parties of record and to all owners of adjacent properties that abut the subject property. For the purposes of this section, properties separated by public right-of-way are considered to be adjacent properties.

(b) Advertising in the legal section of the County-designated newspaper of general circulation is not required.

26.10.620 Procedures for open record appeal hearings.

(1) Procedures for open record appeal hearings shall follow CCC 26.10.530.

(2) Decisions on Appeals. Upon receiving an appeal of the Administrator’s decision, the Hearing Examiner shall perform the following actions as appropriate:

(a) A Hearing Examiner decision following an open record appeal hearing shall include one of the following actions:

(i) Affirm the decision in whole or in part;

(ii) Reverse the decision in whole or in part;

(iii) Remand for further proceedings and/or evidentiary hearing and include a statement of the issues to be reviewed.

(b) Criteria. In making its decision on the appeal, the Hearing Examiner shall find that one of the standards has been met:

(i) The land use decision is an erroneous interpretation of the law;

(ii) The land use decision is not supported by evidence that is substantial when viewed in light of the whole record;

(iii) The land use decision is a clearly erroneous application of the law to the facts;

(iv) The land use decision is outside the authority or jurisdiction of the Hearing Examiner.

(3) Findings and Written Decision. The Hearing Examiner shall make their decision with written findings and conclusions consistent with CCC 26.10.550 (either those recommended by staff or findings and conclusions prepared by the Hearing Examiner). Said written decision should be forwarded to the applicant, appellant, and parties of record no later than 60 days from the date of filing of the appeal unless otherwise agreed by the applicant.

(4) The County shall electronically record the proceedings. Copies of tapes of the proceedings and written transcripts are provided upon request and payment of reasonable fees.

(5) Record of Appeal. For any open record appeal hearing, the record shall consist of the following:

(a) Written findings and conclusions;

(b) Documents admitted to the record.

26.10.630 Reserved.

Repealed by Ord. 879.

26.10.640 State Environmental Policy Act (SEPA) appeals.

The Board of County Commissioners establishes the following administrative SEPA appeal procedures under RCW 43.21C.075 and WAC 197-11-680 (SEPA).

(1) Threshold Determination for Type I and II Permits – Open Record Appeal Hearing and Closed Record Appeal. A threshold determination of significance (DS) by the responsible official on a Type I or II permit shall be processed in accordance with Chapter 27.01 CCC. All other threshold determinations by the responsible official on Type I or II permits may be appealed to the Hearing Examiner for an open record public hearing. Said appeal shall be filed within 14 days of the date of the mailing of the administrative decision on the underlying permit. The decision on the appeal shall be consolidated with the Hearing Examiner decision on the underlying permit application.

(2) Threshold Determination for Type III Permits – Closed Record Hearing with Underlying Permit. An appeal of threshold determination of significance (DS) on a Type III permit shall be processed in accordance with Chapter 27.01 CCC. Said appeal shall be filed within 14 days of the date of the mailing of the Hearing Examiner’s decision on the underlying permit. The decision on the appeal may be consolidated with a land use matter pending before the Hearing Examiner on the underlying permit application.

(3) Any appeal of the SEPA threshold determination under this section shall include the following:

(a) The decision being appealed;

(b) The name and address of the appellant and their interest(s) in the matter;

(c) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;

(d) The desired outcome or changes to the decision;

(e) The appeal fee as required by Chapter 5.100 CCC, Consolidated Fee Schedule;

(f) Any additional requirements set forth in the underlying code.

(4) The threshold determination by the Clallam County responsible official shall carry substantial weight in any appeal proceeding.

(5) The County shall give official notice under WAC 197-11-680(5) (SEPA) stating the date and place for commencing an appeal.

(6) Timing of SEPA Appeals.

(a) There shall be no more than one County appeal proceeding on procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement). The appeal proceeding on a determination of significance may occur before the County’s final decision on a proposed action.

(b) The County shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measure or to deny a proposal with a hearing or appeal on the underlying governmental action), by providing for a single simultaneous hearing before one hearing body to consider the agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the appeal, if any, of a determination of significance).

(7) Reconsideration procedures of a SEPA threshold decision or appeal are not provided.

(8) For any appeal of the SEPA threshold determination under this section, the record shall consist of the following:

(a) Findings and conclusions;

(b) Documents admitted to the record.

(9) The County shall electronically record the proceedings. Copies of tapes of the proceedings and written transcripts are provided upon request and payment of reasonable fees.

26.10.650 Judicial appeals.

Appeals of final decisions under this chapter, for which all local administrative proceedings and appeals, specifically authorized, have been timely exhausted, shall be made in a manner consistent with State law, including Chapter 36.70C RCW.

Part Seven. Monitoring Effectiveness of Land Use Application Processing

26.10.700 Performance monitoring.

Any permit or other approval issued under authority of this chapter as a Type I, II or III permit, and containing conditions for such approval such as an approved mitigation plan, habitat management plan, certificate of compliance, or other special report, is subject to the following permit condition monitoring procedures, unless otherwise specified in the relevant permit, plan, certificate, or report:

(1) For conditions of approval requiring physical improvements (i.e., roads, landscaping, etc.), the applicant shall provide an affidavit of improvements upon compliance with such conditions. The affidavit shall be filed with the Department of Community Development (Department) prior to expiration of the permit, as applicable, or as otherwise consistent with specific timing restrictions imposed as a condition of final approval.

(2) For conditions of approval affecting operational characteristics and/or performance standards (i.e., maximum traffic generation, survival rate of landscape plants, etc.), the applicant shall provide a report to the Department, detailing the progress of the approved use and the effectiveness of the conditions of approval. The report shall be prepared by the applicant, or a designated agent, and shall be submitted once a year, for the first three years of operation of the approved use. The Department shall respond in writing within 28 days of receiving such reports and indicate whether the report is adequate or whether modifications or corrections to the proposal are necessary.

(3) The Department shall evaluate reports, affidavits of improvements, and public comments regarding the approved use based on the conditions of approval. The Department may request to inspect the site. If the Department determines that all conditions of approval have been adequately satisfied, a certificate of compliance in the form of a letter will be issued. Refusal to allow inspection of the site during regular business hours is adequate reason to deny issuance of a certificate of compliance.

(4) If, at any time prior to the expiration of the permit or the expiration of performance monitoring, the Department determines that conditions of approval are not being adequately achieved, the Department may notify the applicant in writing of the inadequacy, warn that corrective action is required to ensure compliance with the conditions of approval, and notify the applicant that failure to fully comply with all of the conditions of approval, including the provisions of any mitigation plan, habitat management plan, certificate of compliance, or special report, is subject to enforcement under CCC Title 20, Code Compliance, including rescission of the permit and denial of any further permits.

(5) Failure to demonstrate full compliance with conditions requiring physical improvements prior to permit expiration or conditions affecting operational characteristics prior to completion of all monitoring reports shall constitute grounds for rescission of the permit pursuant to the provisions of CCC Title 20, Code Compliance. Failure to comply with all the terms and conditions of a permit decision is also subject to enforcement pursuant to the provisions of CCC Title 20, Code Compliance.

(6) Any determination issued pursuant to subsection (2) or (3) of this section is final unless appealed in accordance with CCC 26.10.620 within 14 days of the date of mailing the determination. The filing fee must accompany the appeal and shall be the same as the fee for Type I appeals as specified in the “Planning Division Fee Schedule 300-A” at CCC 5.100.300.

(7) Any party may make a request in writing to receive any determinations issued pursuant to this section. Copies of written decisions, determinations or other materials contained within the public record shall be provided upon request and payment of reasonable fees.

26.10.705 Performance guarantees.

The purpose of this section is to provide assurance for the completion of all improvements and compliance with all performance standards required by any applicable license, permit, or approval issued subsequent to County regulations subject to this chapter. Project approvals subject to performance guarantees shall be established in the applicable section of the governing regulation. This section shall not apply to development projects by a local or State agency pursuant to the requirements of RCW 36.32.590. Performance guarantees shall be in the form of a surety bond or retainage account, filed with the Clallam County Treasurer.

(1) In the event of failure to comply with any terms or conditions of a permit, license or approval subject to a performance guarantee, the Administrator shall notify the applicant and guarantor in writing of the default. If satisfactory assurance that the problem is or will be corrected is not received by the Department within 30 days, or a time period mutually agreed to by the Department and the proponent, the Department is hereby authorized to utilize the funds established under the guarantee, necessary to contract for the completion of the required improvements, reclamation or repair. The Administrator shall notify the proponent in writing of action taken.

(2) In the event that property is sold, the proponent shall be responsible for transferring the financial guarantee liability by having the new owner(s) replace any existing financial guarantees filed with the County.

(3) Nothing in this section shall limit the ability of Clallam County to enforce or otherwise compel compliance with conditions of any County permit, license or approval in accordance with any enforcement provision set forth in this chapter, CCC Title 20, Code Compliance, or other County ordinances.

26.10.710 Severability.

If any provision of this chapter, or its application to any person or circumstances, is held invalid, the remainder of the chapter, or application of the provisions of the chapter to other person or circumstances, is not affected.

26.10.720 Effective date.

This chapter shall take effect 10 days after the date of adoption.