Chapter 14.10
APPLICATION REVIEW
Sections:
14.10.005 Application review criteria.
14.10.010 Application review classification.
14.10.020 Limited administrative review of applications.
14.10.030 Full administrative review of applications.
14.10.040 Quasi-judicial review of applications.
14.10.050 Legislative review of applications.
14.10.060 Notice of final decision.
14.10.005 Application review criteria.
Review of an application and proposed development shall be governed by and be consistent with the fundamental land use planning policies and choices which have been made in adopted comprehensive plans and development regulations. The review process shall consider the type of land use permitted at the proposed site, the density and intensity of the proposed development, the infrastructure available and needed to serve the development, the character of the development and its consistency with development regulations. In the absence of applicable development regulations, the applicable development criteria in the comprehensive plan or sub-area plan adopted under Chapter 36.70A RCW shall be determinative. (Ord. TLS 97-05-34B Exh. B (part))
14.10.010 Application review classification.
A. Following the issuance of a determination of completeness and a notice of application, an application shall be reviewed at one of four levels: limited administrative review, full administrative review, quasi-judicial review and legislative review.
B. If this title or the Douglas County Code provides that a proposed development is subject to a specific type of review, or a different review procedure is required by law, then the application for such development shall be processed and reviewed accordingly. If this title does not provide for a specific type of review or if a different review procedure is not required by law, then the department shall determine the type of review to be used for the type and intensity of the proposed development.
C. Any public meeting or required open hearing may be combined by the department with any public meeting or open record hearing that may be held on the proposed development by another local, state, federal or other agency. Hearings shall be combined if requested by the applicant. However, joint hearings must be held within Douglas County and within the time limits of this title and Chapter 36.70B RCW. (Ord. TLS 97-05-34B Exh. B (part))
14.10.020 Limited administrative review of applications.
Limited administrative review shall be used when the proposed development is subject to clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues and the proposed development is exempt from the State Environmental Policy Act (SEPA). Included within this type of review are interpretation of codes and ordinances, single-family building permits, temporary use permits, in-home daycare, agriculture to agriculture transfers and accessory dwelling units. The department may approve, approve with conditions, or deny the application after the date the application is accepted as complete, without public notice. The decision of the department is final. There is no administrative appeal of a limited administrative review decision. (Ord. TLS 97-05-34B Exh. B (part))
14.10.030 Full administrative review of applications.
A. Full administrative review shall be used when the proposed development is subject to objective and subjective standards that require the exercise of limited discretion about nontechnical issues and about which there may be limited public interest. The proposed development may or may not be subject to SEPA review. Included within this type of review are home occupation permits, short subdivisions, administrative subdivisions, family farm support divisions, farmstead preservation divisions, and site plan review of gravel/resource extraction, short term inert waste storage/treatment piles, multifamily, commercial, industrial and/or office building permits.
B. This review procedure under full administrative review shall be as follows:
1. If the proposed development is subject to the State Environmental Policy Act (SEPA), the threshold determination shall be made after the closing of the public comment period required in the notice of application.
2. Upon the completion of the public comment period and the comment period required by SEPA, if applicable, the department may approve, approve with conditions, or deny the application. The department shall mail the notice of decision to the applicant and all parties of record. The decision shall include:
a. A statement of the applicable criteria and standards in the development codes and other applicable law;
b. A statement of the findings of the review authority, stating the application’s compliance or noncompliance with each applicable criterion, and assurance of compliance with applicable standards;
c. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with all applicable laws;
d. A statement that the decision is final unless appealed as provided in DCC Chapter 14.12 to the Douglas County hearing examiner within fourteen calendar days after the date the notice of decision is mailed. The appeal closing date shall be listed. The statement shall describe how a party may appeal the decision, including applicable fees and the elements of a notice of appeal;
e. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for inspection. The notice shall list the place, days and times when the case file is available for inspection and the name and telephone number of the department’s representative to contact to arrange inspection.
3. The decision may be appealed to the hearing examiner pursuant to DCC Chapter 14.12. (Ord. TLS 05-01 Att. B (part); Ord. TLS 97-05-34B Exh. B (part))
14.10.040 Quasi-judicial review of applications.
A. Quasi-judicial review shall be used when the development or use proposed under the application requires a public hearing before a hearing body. This type of review shall be used for code interpretation reviews, subdivisions, conditional use permits, planned residential developments, variances, shoreline substantial development permits and other similar applications.
B. The review procedure under quasi-judicial review shall be as follows:
1. A quasi-judicial review process requires an open record public hearing before the appropriate hearing body.
2. The public hearing shall be held after the completion of the public comment period and the comment period required by SEPA, if applicable.
3. At least ten days before the date of a public hearing, the department shall issue public notice of the date, time, location and purpose of the hearing.
4. At least ten days before the date of the public hearing, the department shall issue a written staff report, integrating the SEPA review and threshold determination and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation to the applicant or the applicant’s designated representative. The department shall make available a copy of the staff report, subject to payment of a reasonable charge, to other parties who request it.
5. Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing body. A public hearing shall be recorded on either audio or audio-visual tape. If for any reason the hearing cannot be completed on the date set in the public notice, it may be continued during the public hearing to a specified date, time and location, without further public notice required.
6. Within ten working days after the date the public record closes, the hearing body shall issue a written decision regarding the application(s).
7. The hearing body may approve, approve with conditions or deny the application and shall mail the notice of its decision to the department, applicant, the applicant’s designated representative, the property owner(s), and any other parties of record. The decision shall include:
a. A statement of the applicable criteria, standards and law;
b. A statement of the findings the hearing body made showing the proposal does or does not comply with each applicable approval criterion and assurance of compliance with applicable standards;
c. A statement that the decision is final unless appealed pursuant to DCC Chapter 14.12. The appeal closing date shall be listed;
d. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for inspection. The notice shall list the place, days and times when the case file is available for inspection and the name and telephone number of the department representative to contact to arrange inspection.
8. Any aggrieved party or agency of record may request a reconsideration of a hearing examiner decision consistent with the procedure established in DCC Section 2.13.150. (Ord. TLS 08-10-46 (part): Ord. TLS 97-05-34B Exh. B (part))
14.10.050 Legislative review of applications.
A. Legislative review shall be used when the proposed development involves the creation, implementation or amendment of county policy or law. In contrast to the other procedure types, legislative review usually applies to a relatively large geographic area containing several property owners. This type of review shall be used for comprehensive plan, sub-area plan, zoning and/or development code review, amendments and updates and site-specific zoning district reclassifications.
B. Legislative review shall be conducted as follows:
1. Legislative review requires at least one public hearing before the Douglas County regional planning commission and one public meeting before the Douglas County board of commissioners.
2. The application shall contain all information and material requirements required by the appropriate application form and any pre-application meeting.
3. At least ten days before the date of the first planning commission hearing the department shall issue public notice of the date, time, location and purpose of the hearing. The notice shall include notice of the SEPA threshold determination issued by the department.
4. At least ten days prior to the hearing the department shall issue a written staff report, integrating the SEPA review and threshold determination and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation to the applicant or the applicant’s designated representative and planning commission members. The department shall make available a copy of the staff report, subject to a reasonable charge, to other persons who request it.
5. Following the public hearing and in accordance with RCW 36.70.630, the recommendation of the planning commission shall be forwarded to the board of county commissioners. Upon receiving the recommendation from the planning commission, the board of county commissioners shall set a public meeting to consider the proposal, at which the board may either accept or reject the recommendation.
6. The board of county commissioners must hold a public hearing to consider any changes to the recommendation of the planning commission. The board of county commissioners may approve, approve with conditions, deny or remand the proposal back to the planning commission for further review after such public hearing. The final decision of the board of county commissioners shall be adopted by resolution.
7. The final decision of the board of county commissioners shall be in writing and include:
a. A statement of the applicable criteria and law;
b. A statement of the findings indicating the application’s or proposed development’s compliance or noncompliance with each applicable approval criterion;
c. The decision to approve, condition or reject the planning commission recommendation or remand for further review;
d. A statement that the decision is final unless appealed pursuant to DCC Chapter 14.12 to superior court within twenty-one days of the issuance of the decision, as determined pursuant to RCW 36.70C.040. The appeal closing date shall be listed;
e. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for inspection. The notice shall state the place, days and times when the case file is available for inspection and the name and telephone number of the department representative to contact to arrange inspection. (Ord. TLS 97-05-34B Exh. B (part))
14.10.060 Notice of final decision.
A. A notice of final decision on an application shall be issued within one hundred twenty days after the date of the declaration of completeness. In determining the number of days that have elapsed, the following periods shall be excluded:
1. Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional information or materials. The period shall be calculated from the date the department issues the request to the applicant to, the earlier of, the date the department determines whether the additional information satisfies its request or fourteen days after the date the information has been received by the department;
2. If the county determines the information submitted by the applicant under subdivision 1 of this subsection is insufficient, it shall again notify the applicant of deficiencies and the procedures under subdivision 1 of this subsection shall apply to the request for information;
3. Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance pursuant to Chapter 43.21C RCW;
4. Any period for administrative appeals, which shall not exceed ninety days for open record appeals and sixty days for closed record appeals;
5. Any extension of time mutually agreed upon by the applicant and the department.
B. The time limit by which the county must issue a notice of final decision does not apply if an application:
1. Requires an amendment to a comprehensive plan or development regulation;
2. Requires approval of a new fully self contained community, a master planned resort, or the siting of an essential public facility, as are provided in RCW Chapter 36.70A and as may be hereafter amended;
3. Is substantially revised by the applicant after a determination of completeness has been issued, in which case the time period shall start from the date on which the revised project application is determined to be complete.
C. If the county is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.
D. In accordance with state law, the county is not liable for damages which may result from the failure to issue a timely notice of final decision. (Ord. TLS 97-05-34B Exh. B (part))