40.240.100 Application for Review and Approval (REPEALED)

A. Applications received under this chapter shall be reviewed as Type II procedures specified in Section 40.510.020, except where specified otherwise herein.

B. Prior to initiating any use or development which requires review and approval by the responsible official, an application shall be completed pursuant to Section 40.240.100. The responsible official shall accept and review the application pursuant to Sections 40.240.120 through 40.240.210 for consistency with the appropriate guidelines of this rule. Review of a proposed use or development shall commence upon the acceptance of an application by the responsible official. The responsible official will charge a fee for review of applications.

C. Standard application forms shall be available at county and city planning offices, the offices of the Columbia River Gorge Commission and the Forest Service.

D. An application for permit review within the Columbia River National Scenic Area shall submit eight (8) individually bound copies of the following materials unless a lesser number is specified.

1. The original application form provided by the planning responsible official shall be completed and signed by the applicant.

2. The pre-application conference summary and a description of information submitted in response to the pre-application conference.

3. The requisite fee shall accompany the application.

4. The following maps of the GIS development packet (as available from the Community Development Department):

a. General location map;

b. Elevation contours map;

c. Aerial photography map (most recent year currently available through Clark County Community Development Department);

d. Aerial photography with contours;

e. Current zoning map;

f. Current comprehensive plan map;

g. Map of C-Tran bus routes, park and trails;

h. Water, sewer and storm systems map;

i. Soil type map;

j. Environmental constraints map; and

k. Assessor’s quarter-section map.

5. A narrative explaining how the application meets or exceeds each of the applicable approval criteria and standards, and issues identified in the pre-application conference, including the minimum area and dimensions of the base zone and a general description of how services will be provided to the site:

a. If the site is visible from any Key Viewing Areas (KVA) the applicant needs to provide conceptual elevation drawings for the proposed structures. Also a description of the height, shape, color, building materials, exterior lighting and landscaping materials. The drawings should include the appearance of proposed buildings when built and surrounding final grades refer to Section 40.240.490(B)(4). If the applicant feels the site is not visible from any KVA’s this must be demonstrated.

b. If the site is visible from any KVA, the applicant is encouraged to provide photographs from the KVA toward the building site with balloons or other siting device to verify visual subordination. Photographs can also be used to verify the site is not visible from any KVA, if that is the case.

c. The height of buildings is required in the applications, even if the site is not visible from a KVA.

d. The applicant shall address all applicable criteria outlined in Section 40.240.490.

6. Information necessary to demonstrate that the subject lot(s) has been created legally:

a. Prior county short plat, subdivision, lot determination or other written approvals, if any, in which the parcel was formally created or determined to be a legal lot; or

b. Sales or transfer of deed history, dating back to 1969, or a condition satisfying Section 40.240.100(D)(7)(a), to include copies of recorded deeds and/or contracts verifying the date of creation of the parcel in chronological order with each deed identified with the assessor’s lot number.

7. A proposed plan drawn to scale. The scale of the plan shall be large enough to allow the responsible official to determine the location and extent of the proposed use or development and evaluate its effects on scenic, cultural, natural, and recreation resources. The map shall be prepared at a scale of one (1) inch equals two hundred (200) feet (1:2,400), or a scale providing greater detail. The plan shall clearly depict the following information:

a. General Information.

(1) Applicant’s name, mailing address and phone number;

(2) Owner’s name and mailing address;

(3) Contact person’s name, address and phone number;

(4) North arrow (oriented to the top, left or right of the page), scale and date;

(5) Proposed name of project;

(6) Vicinity map covering one-fourth (1/4) mile radius from the development site; and

(7) Area of the site in acres or square feet.

b. Existing Conditions. (For purpose of fully complete determination, only those existing conditions that are shown on the GIS map, known by the applicant or are discussed in the pre-application conference summary must be included on the proposed plan.)

(1) Environmental. On or within one hundred (100) feet of the site:

(a) Topography (at two (2) foot contour intervals if available from a public source);

(b) Watercourses (streams, rivers, etc.) with thread of stream surveyed for all on-site watercourses;

(d) FEMA designated floodplains, flood fringe, or floodway;

(e) Water bodies and known wetlands;

(f) Wetland delineation and assessment study for all on-site wetlands four (4) copies of study required;

(g) Any unstable slopes and landslide hazard areas;

(h) Geotechnical report for all unstable slopes or landslide hazard areas on the site;

(i) Significant wildlife habitat or vegetation; and

(j) Significant historic, cultural or archaeological resources.

(2) Land Use and Transportation:

(a) Layout, square footage and dimensions of all parcels;

(b) Location(s) of any existing building(s) on the site and use;

(d) Name, location and width of existing rights-of-way;

(e) Name, location, width and surfacing materials (e.g., gravel, asphalt or concrete, etc.) of roadways and easements (private and public);

(f) Location of existing driveways and those driveways across the street to include distance between driveways and roadways (centerline to centerline);

(g) Location and width of existing pedestrian and bicycle facilities on and within one hundred (100) feet of the site; and

(h) Transit routes and stops within one-fourth (1/4) mile of the development site;

(3) Water and Sewer. Make a note on the plan indicating the following:

(a) Location and direction to the nearest fire hydrant;

(b) Location of existing sewage disposal systems and wells on the site; and

(c) Location of existing sewage disposal systems and wells within one hundred (100) feet of the site (as available from the health district).

c. Proposed Improvements.

(1) Environmental.

(a) Wetland, stream, steep bank buffer areas/protected areas; and

(b) Planned enhancement areas.

(2) Land Use and Transportation.

(a) Dimensions of all proposed easements;

(b) Location (i.e., dimensions from property lines) of any existing buildings to remain on the site to include square footage. For all structures include the number of stories, construction type (e.g., metal, wood, concrete block, etc.) and proposed uses;

(d) Location and width of all road rights-of-way;

(e) Location width (e.g., curb to curb distance) and surface material of all proposed roadways (private or public), provided by drawing or note and typical cross-section (from county road standards);

(f) Location of all road segments in excess of fifteen percent (15%) grade that are either on the site or within five hundred (500) feet of the site which are being proposed for site access;

(g) Location, width, estimated grade and surface material of off-site roads which will provide access to the site within five hundred (500) feet of the site;

(h) Location and width of proposed driveways for corner lots and driveways where site distance standards cannot be met;

(i) Site distance triangles where site distance standards cannot be met;

(j) Location and width of proposed pedestrian and bicycle improvements other than those in standard locations within road rights-of-way;

(k) Location and width of proposed easements for access, drainage, utilities, etc. (provided by drawing or note);

(l) Layout of proposed structures including square feet;

(m) Architectural drawings and sketches, indicating floor plan, elevation, types of materials and colors, and type of construction per the International Building Code;

(n) Narrative on proposed uses, hours of operation, frequency of truck deliveries, and construction schedule;

(o) Location, dimensions and number of off-street parking and loading areas;

(p) Sign plan; and

(q) Location and dimensions of recyclable and solid waste storage areas.

(3) Landscape Plan.

(a) Location, number, species, size at planting, and spacing of proposed plant materials;

(b) Location, number, species and size of existing landscape material to be removed and/or retained;

(c) The location, type (such as sod, groundcover or shrub mass) and area (in terms of square feet and percentage of site) of all soft landscaped areas and buffers;

(d) Location, height and materials of fences, buffers, berms, walls and other methods of screening;

(e) Surface water management features integrated with landscape, recreation or open space areas;

(f) Location, size and construction type of hard landscaping features such as pedestrian plazas;

(g) Active or passive recreational or open space features; and

(h) Final site contours;

(i) Fire Hydrants. The location of all fire hydrants.

8. A preliminary stormwater plan per Section 40.370.040(F)(3).

9. A proposed phasing plan (if any proposed) to include transportation and water quality improvements.

10. Transportation impact study, if required pursuant to Chapter 40.350.

11. Utility review from the public sewer purveyor or one (1) copy of a preliminary soil suitability analysis, or equivalent for on-site systems from the health district.

12. Utility review from the public water purveyor, noting the ability to meet water pressure and fire flow requirements of the fire marshal or current evidence of the availability of suitable groundwater where water purveyor has determined public water or community water systems cannot be provided.

13. A completed State Environmental Policy Act (SEPA) checklist.

14. Applications necessarily associated with the Gorge Permit review, to the extent applicable, for variances to dimensional requirements of the base or overlay zones, for wetland and habitat permits, and for modifications to the road standards in Chapter 40.350.

15. Any and all existing covenants or restrictions and/or easements that apply to the property.

16. The corners of each proposed building should be staked and flagged at the time of application.

17. Appropriate protections of the stream that are on the property need to be taken in accordance with Chapter 40.440 and Section 40.240.540.

18. A forest practice application is required for any commercial removal of trees from the property.

19. In the Special Management Area, applications and/or site plans shall contain the natural resources information required in Section 40.240.570(B).

20. Any additional information that the applicant feels will assist in the evaluation of the proposal including, but not limited to, maps, drawings, and development plans.

21. The signature of the applicant and property owner or a statement from the property owner indicating that he is aware of the application being made on his property.

22. The signature of the property owner on a statement that authorizes the responsible official or the responsible official’s designee reasonable access to the site in order to evaluate the application.

E. Applications for the following uses or developments shall include additional information as required by the pre-application staff report or by the responsible official:

1. All buildings, roads, or mining and associated activities proposed on lands visible from Key Viewing Areas, pursuant to Section 40.240.490(B)(4).

2. In the General Management Area, production and/or development of mineral resources and expansion of existing quarries pursuant to Sections 40.240.490(A)(5), (B)(4), (B)(5), (B)(23) and (B)(25).

3. In the General Management Area, any structural development involving more than one hundred (100) cubic yards of grading on sites visible from Key Viewing Areas and which slope is between ten and thirty percent (10% – 30%), pursuant to Section 40.240.490(B)(21).

4. In the General Management Area, vegetation management projects in public rights-of-way along Scenic Travel Corridors, pursuant to Section 40.240.490(D)(4).

5. Large-scale uses as defined by Section 40.240.510(A)(3)(c) shall include reconnaissance survey reports, pursuant to Sections 40.240.510(A)(3)(f) and (g).

6. Proposed uses that would alter the exterior architectural appearance of buildings and structures that are fifty (50) years old or older, or would compromise features of the surrounding area that are important in defining the historic or architectural character of buildings that are fifty (50) years old or older, pursuant to Section 40.240.510(A)(3)(h)(3).

7. In the General Management Area, new uses located in or providing recreational access to the Columbia River or its fishbearing tributaries, pursuant to Section 40.240.190(H)(1)(a).

8. In the General Management Area, any review use in a wetland or within a wetland buffer zone, pursuant to Section 40.240.530(A)(2).

9. In the General Management Area, any review use in a stream, pond, lake, or within their buffer zones, pursuant to Section 40.240.540(A)(2).

10. In the General Management Area, any review use within one thousand (1,000) feet of a sensitive wildlife area or site, pursuant to Section 40.240.550(A)(2). Large-scale uses as defined by Section 40.240.550(C) shall also include field survey information, pursuant to Section 40.240.550(C)(5).

11. In the General Management Area, any review use within one thousand (1,000) feet of a sensitive plant, pursuant to Section 40.240.560(A)(2). Large-scale uses as defined by Section 40.240.560(C) shall also include field survey pursuant to Section 40.240.560(C)(5).

12. In the General Management Area, on lands zoned Gorge Large-Scale Agriculture, a single-family dwelling in conjunction with agricultural use, pursuant to Section 40.240.230(A)(5), and if applicable, Section 40.240.230(A)(6).

13. In the General Management Area, on lands zoned Gorge Large-Scale Agriculture, a single-family dwelling not in conjunction with agricultural use, pursuant to Section 40.240.230(A)(14).

14. In the General Management Area, on lands zoned Gorge Large-Scale Agriculture, a single-family dwelling for an agricultural operator’s relative, pursuant to Section 40.240.230(A)(8).

15. In the Special Management Area, on lands zoned Gorge SMA Federal or Non-Federal Forest, a single-family dwelling, pursuant to Section 40.240.300(B)(10).

16. In the Special Management Area, on lands zoned Gorge SMA Federal or Non-Federal Forest, forest practices, pursuant to Section 40.240.300(B)(2).

17. In the Special Management Area, on lands designated Open Space, any new use or development, pursuant to Commission Rule 350-80-340(l 1).

18. In the Special Management Area, on lands zoned Gorge SMA-Agriculture, a single-family dwelling necessary and accessory to agricultural use, pursuant to Section 40.240.230(B)(2).

19. In the Special Management Area, on lands zoned Gorge SMA-Agriculture, farm labor housing and agricultural buildings, pursuant to Section 40.240.230(B)(4).

20. In the General Management Area, on lands zoned Gorge Small Woodland, a single-family dwelling pursuant to Section 40.240.300(A)(1).

21. In the General Management Area, on lands zoned Gorge Small Woodland, a single-family dwelling in conjunction with agricultural use pursuant to Section 40.240.230(A)(5).

22. In the General Management Area, on lands Gorge Woodland, agricultural labor housing, pursuant to Section 40.240.300(A)(15).

23. Other uses as deemed necessary by the responsible official.

F. Completed application forms shall be submitted directly to the Department of Community Development.

G. Emergency/Disaster Response Application Process.

1. Within thirty (30) days following notification, pursuant to Section 40.240.150, a post emergency/disaster response application shall be submitted by the party conducting the response action to the county or Forest Service for federal agency actions. In the case of an event with multiple responding parties, the agency providing initial notification as required herein shall submit the application. An exception to this may occur if another responding party, by mutual agreement with other respondents, elects to submit the application. Requests to extend this submittal deadline may be made in writing and shall include the reason why extension is necessary. Extension shall not exceed thirty (30) days in duration and no more than two (2) extensions shall be granted.

2. Post emergency/disaster response applications shall only address development activities conducted during an emergency/disaster response. Applications shall specify if developments placed during an emergency/disaster event are permanent or temporary. Applicants shall be responsible for operations under their control and that of other responders, upon mutual agreement. Responder not agreeing to have another responder address their actions shall be responsible to submit an application for those actions.

3. Emergency/disaster response actions not involving structural development or ground disturbance with mechanized equipment are exempt from these requirements, except for those actions within five hundred (500) feet of known cultural resource (as determined in notification process).

4. Applications shall include the following information:

a. Applicant’s name and address;

b. Location of emergency/disaster response;

c. A written description of the emergency/disaster response, including any structures erected, excavation or other grading activities, or vegetation removal;

d. A map of the project area drawn to scale, at a scale of one (1) inch equals two hundred (200) feet (1�� = 200�) or scale providing greater detail. The map shall include:

(1) North arrow and scale;

(2) Boundaries, dimensions and size of subject parcel(s);

(3) Bodies of water, watercourses, and significant landforms;

(4) Existing roads and structures;

(5) New structures placed and any vegetation removal, excavation or grading resulting from the response actions;

e. An exception to the scale requirements of Section 40.240.100(G)(4)(d) may be granted for an event encompassing an area greater than one (1) square mile. In such cases, a clear sketch map of the entire response action area shall be provided. In addition, a map of one (1) inch equals two hundred (200) feet (1�� = 200�) or a scale providing greater detail shall be provided that shows a section of the response area exemplifying the specific actions being taken.

5. Emergency/disaster response applications shall be considered a Type II application pursuant to Section 40.510.020.