Chapter 16A.02
PROCEDURES FOR THE VARIOUS PERMIT APPLICATIONS
Sections:
16A.02.020 Procedures for processing project.
16A.02.030 Determination of proper procedure type.
16A.02.040 Outline of project permit application process.
16A.02.050 Joint public hearing.
16A.02.060 Legislative actions—Definition and approval process.
16A.02.070 Exemptions from permit application process.
16A.02.010 Definitions.
“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government’s record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government’s decision on a project permit to be known as an “open record pre-decision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record pre-decision hearing has been held on the project permit.
“Closed record hearing” means a hearing, following an open record hearing either pursuant to a closed record appeal or as elected pursuant to Section 16A.02.060(c).
“Project permit” or “project permit application” means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones or overlay districts, authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, development regulations or area-wide rezones and overlay districts except as otherwise specifically included in this subsection.
“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government’s project permit application file. (Ord. 922 § 1 (part), 2012).
16A.02.020 Procedures for processing project.
All development permit applications shall be processed in accordance with the provisions of this title. Exclusions from the requirements of project permit application processing are set forth in Section 16A.02.070. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996. Formerly 16A.02.010).
16A.02.030 Determination of proper procedure type.
(a) The city administrator shall determine the proper procedures for all development applications. If there is a question as to the appropriate type of procedure, the city administrator shall resolve it in favor of the higher numbered procedure as set forth in Section 16A.02.040.
(b) An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by this title. The applicant may determine whether the application shall be processed collectively, or individually. If the application is processed under the individual procedure option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure.
(c) Applications processed in accordance with subsection (b) of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision maker. The city council is the highest, followed by the planning commission, the hearing examiner, the mayor and then the city administrative staff. (Ord. 922 § 1 (part), 2012: Ord. 819 § 3 (part), 2007; Ord. 669 § 1 (part), 1996. Formerly 16A.02.020).
16A.02.040 Outline of project permit application process.
(a) In processing all permit applications, the city administrative staff shall be responsible for reviewing the application and making recommendations relating to the application. The city administrator shall be responsible for ensuring that a determination as to whether a completed project permit application meets the requirements of these development regulations is made within one hundred twenty days from the time a completed application is filed, unless the city makes written findings that a specified amount of additional time is needed to process specific complete project permit applications or project types pursuant to Section 16A.08.020.
(b) For the purpose of permit processing, each development permit application shall be numbered and processed as follows:
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TYPE I: PRELIMINARY SHORT PLAT AND BINDING SITE PLAN APPROVAL |
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1. |
Permit required - |
Short plat approval |
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2. |
Notice of application - |
Yes |
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3. |
Open record hearing - |
No |
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4. |
Closed record hearing - |
No |
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5. |
Final decision by - |
Mayor |
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6. |
Appeal - |
Superior court pursuant to Chapter 36.70C RCW |
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TYPE II: ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN, SUBAREA PLAN OR DEVELOPMENT REGULATIONS, OR OTHER LEGISLATIVE ACTIONS SET FORTH IN SECTION 16A.02.060 |
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1. |
Permit required - |
n/a* |
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2. |
Notice of application - |
n/a* |
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3. |
Open record hearing - |
n/a* |
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4. |
Closed record hearing - |
n/a* |
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* Public participation and public hearings are required as set forth in RCW 36.70A.035 and 36.70A.140; see also Sections 16A.02.060 and 17.04.040. |
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5. |
Final decision by - |
City council |
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6. |
Appeal - |
Growth management hearing board pursuant to Chapter 36.70A RCW |
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TYPE III: PLAT AND STREET VACATIONS |
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1. |
Permit required - |
Plat or street vacation; see Chapter 16.10 of this code and Chapter 35.79 RCW |
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2. |
Notice of application - |
Yes |
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3. |
Open record hearing - |
City council |
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4. |
Closed record hearing - |
No |
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5. |
Final decision by - |
City council |
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6. |
Appeal - |
Superior court pursuant to Chapter 36.70C RCW |
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TYPE IV: ADMINISTRATIVE REVIEW |
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1. |
Permit required - |
Administrative review of code interpretations, building inspector decisions, planning director decisions or other administrative decisions |
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2. |
Notice of application - |
No |
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3. |
Open record hearing - |
No |
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4. |
Closed record hearing - |
No |
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5. |
Final decision by - |
City administrator or designee |
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6. |
Appeal - |
Hearing examiner (appeal of hearing examiner decision is to superior court pursuant to Chapter 36.70C RCW (Section 11.30.050(1)) |
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TYPE V: VARIANCE/CONDITIONAL USE PERMITS |
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1. |
Permit required - |
Variance permit/ conditional use permits |
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2. |
Notice of application - |
Yes |
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3. |
Open record hearing - |
Hearing examiner |
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4. |
Closed record hearing - |
No |
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5. |
Final decision by - |
Hearing examiner |
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6. |
Appeal - |
Superior court pursuant to Chapter 36.70C RCW |
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TYPE VI: PRELIMINARY PLAT APPROVAL, PLAT ALTERATION, PLANNED UNIT DEVELOPMENT, AND SITE-SPECIFIC ZONE MAP AMENDMENTS OR OVERLAY DISTRICTS |
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1. |
Permit required - |
a. Preliminary plat approval b. Plat alteration c. Planned unit development d. Site-specific zoning map or overlay district amendment |
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2. |
Notice of application - |
Yes |
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3. |
Open record hearing - |
Planning commission (if approval recommended by the planning commission or a denial is appealed, see Section 17.04.020) |
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4. |
Closed record hearing - |
City council |
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5. |
Final decision - |
City council |
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6. |
Appeal - |
Superior court pursuant to Chapter 36.70C RCW |
Any decision by the city administrator, hearing examiner or city council shall include specific written findings of fact supporting that decision. (Ord. 922 § 1 (part), 2012: Ord. 819 § 3 (part), 2007; Ord. 669 § 1 (part), 1996. Formerly 16A.02.030).
16A.02.050 Joint public hearing.
(a) The city administrator may combine any public hearing on a project permit application with any hearing that may be held by another local, state, regional, federal or other agency, on the proposed action, as long as:
(1) The hearing is held within the city limits; and
(2) The requirements of subsection (c) of this section are met.
(b) The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time period set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. A combined hearing requested by the applicant must meet the requirements of subsections (a) and (c) of this section.
(c) A joint public hearing may be held with another local, state, regional, federal or other agency in the city as long as:
(1) The other agency is not expressly prohibited by statute from doing so;
(2) Sufficient time is given to provide notice of the hearing to meet the notice requirement of each agency as set forth in statute, ordinance or rule; and
(3) The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city’s hearing. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996. Formerly 16A.02.040).
16A.02.060 Legislative actions—Definition and approval process.
(a) Legislative Actions. The following actions are legislative and are not subject to the procedures set forth in this title except as is set forth below:
(1) Zoning text amendments;
(2) Amendments of development regulations;
(3) Area-wide amendments to the zoning map or overlay districts; and
(4) The adoption and/or amendment of the comprehensive plan.
(b) Initiation. The amendments set forth above may be initiated by any of the following:
(1) Property owner(s) or their representatives;
(2) Any citizen, agency, neighborhood association, or other party; or
(3) The mayor or his/her designee, planning commission, or city council.
(c) Applications. Applications shall be made on forms provided by the city.
(d) Application Submittal. All proposed amendments, except those initiated by the city, shall be subject to a pre-application conference.
(e) Amendments to the Comprehensive Plan. All proposed amendments to the comprehensive plan not initiated by the city shall be considered registered on the date a fully complete application is submitted to the city clerk/treasurer who shall establish and maintain a register of all such applications. While proposed amendments to the comprehensive plan or land use map may be submitted at any time, the city may only make amendments once per year, except as provided for by RCW 36.70A.130(2)(a) and all amendment proposals must be considered together for their cumulative effects.
(1) The city council may fix a date each year, via a vote at a regular or special meeting, which shall serve as the deadline for submitting applications to amend the comprehensive plan for consideration in a given year. The deadline will generally occur no later than October 1, 2021. At least thirty days prior to the application due date, the city shall notify the public that the comprehensive plan amendment process has begun. Notice shall be distributed as follows:
(A) Notice published in the official newspaper of the city;
(B) Notice posted on all of the city’s official public notice boards and the city website;
(C) An email sent to all parties who had previously requested notification; and
(D) Copy of the notice sent to agencies, organizations, and adjacent jurisdictions with an interest.
(2) All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after the deadline established by the city council in a calendar year shall be placed on the register for review at the following annual review.
(3) City-Initiated Amendments. Proposed amendments initiated by the city may be integrated into the annual review process at any time; provided, that adequate opportunity to consider the cumulative effects of the proposed amendments is provided and all requirements for public review and comment are met.
(4) Emergency Amendments. The city may additionally review and amend the comprehensive plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a).
(5) Nothing in this section prevents the planning commission or council from rendering a recommendation or decision, holding public hearings or other meetings, or taking any other related actions according to a timetable deemed necessary to process the applications, which may continue into the succeeding annual year. Regardless of when the amendments are made, the year of the amendment to the comprehensive plan or “year of amendment” is attributed to the year of the application’s corresponding submission deadline.
(f) Provisions Applicable to All Actions Identified in Subsection (a) of This Section.
(1) Notice of Public Hearing. All amendments require a public hearing before the planning commission. Notice of this hearing shall conform to the provisions set forth in Section 16A.04.030(4).
(2) Planning Commission Recommendation—Procedure. Following the public hearing, the planning commission shall consider the applications, and shall prepare and forward a recommendation of proposed action for the applications to the city council. The planning commission shall take one of the following actions:
(A) If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal;
(B) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the city council not adopt the proposal; or
(C) If the planning commission is unable to take either of the actions specified in subsection (f)(2)(A) or (B) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation.
(3) Approval Criteria.
(A) The city may approve the proposed amendment if it finds that:
(i) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment;
(ii) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city’s adopted comprehensive plan not affected by the amendment;
(iii) The proposed amendment corrects an obvious mapping error; or
(iv) The proposed amendment addresses an identified deficiency in the comprehensive plan.
(B) The city must also consider the following factors prior to approving comprehensive plan amendments:
(i) The effect upon the physical environment;
(ii) The effect on open space, streams, rivers, and lakes;
(iii) The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
(iv) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools;
(v) The benefit to the neighborhood, city, and region;
(vi) The quantity and location of land planned for the proposed land use type and density and the demand for such land;
(vii) The current and projected population density in the area; and
(viii) The effect upon other aspects of the comprehensive plan.
(4) Environmental Review. Prior to action by the city council, all proposed amendments to the comprehensive plan shall be subject to environmental review in accordance with the provisions of the Connell Municipal Code unless specifically exempted. The process and timing for conducting the required environmental review will be determined by the mayor or his/her designee and shall be included in all public notices.
(5) City Council Action. Following receipt of the planning commission’s findings and recommendations, the city council shall consider the findings and recommendations of the commission concerning the proposed amendments and may hold a public hearing pursuant to council rules. By a majority vote of its membership, the city council shall:
(A) Approve the proposed amendments;
(B) Disapprove the proposed amendments;
(C) Modify the proposed amendments; provided, that if the modification is deemed to be substantial, the city council shall conduct a public hearing on the modified proposal; or
(D) Refer the proposal back to the planning commission for further consideration.
(6) Transmittal to the State of Washington. At least sixty days prior to final action being taken by the city council, the Washington State Department of Commerce shall be provided with a copy of the proposed amendments in order to initiate the sixty-day comment period. This process may be integrated with the required environmental review process. No later than ten days after adoption of the proposal, a copy of the final decision shall be forwarded to the Department of Commerce. (Ord. 1013 § 1, 2021; Ord. 933 § 1, 2012: Ord. 922 § 1 (part), 2012: Ord. 777 §§ 1, 2, 2005; Ord. 669 § 1 (part), 1996. Formerly 16A.02.050).
16A.02.070 Exemptions from permit application process.
(a) Pursuant to the provisions of RCW 36.70B.140, building permits, boundary line adjustments, other construction permits or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and Chapter 15.04 of this code, or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures unless required by Section 16A.02.040:
(1) Determination of completeness (Section 16A.04.020(a));
(2) Notice of application (Section 16A.04.030);
(3) Except as provided in RCW 36.70B.140, optional consolidated project permit review processing (Sections 16A.02.030(b) and (c));
(4) Joint public hearings (Section 16A.02.050);
(5) Notice of decision (Section 16A.08.010(4)); and
(6) Completion of project review within any applicable time periods, including the one-hundred-twenty-day permit processing time (Sections 16A.02.040 and 16A.08.010(4)(a)). (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996. Formerly 16A.02.060).
16A.02.080 Supremacy.
If inconsistencies exist between the administrative requirements of this title and related sections of other provisions of the Connell Municipal Code (such as procedures outlined in Title 16, Subdivisions, or 17, Zoning), the administrative procedure set forth in this title shall control. (Ord. 922 § 1 (part), 2012: Ord. 669 § 1 (part), 1996).