Chapter 14.08 PERMIT REVIEW

Chapter 14.08
PERMIT REVIEW

Sections:

14.08.010 Docketing of proposed amendments.

14.08.020 Exemptions from project permit processing.

14.08.030 Application process.

14.08.033 Permit review process.

14.08.037 Notice of application.

14.08.040 Notice of public hearing.

14.08.043 Open record public hearing.

14.08.045 Closed record decision and appeal.

14.08.050 Final decisions.

14.08.010 Docketing of proposed amendments.

(1) Project review shall be used as a means to make individual project decisions, not land use planning decisions. If, during the course of project review, the review authority finds deficiencies in the comprehensive plan or development regulations:

(a) The permitting process shall not be used as a comprehensive planning process; and

(b) The identified deficiencies shall be docketed for possible future plan or development regulation amendment.

(2) Any interested person may suggest comprehensive plan or development regulation amendments on a form provided by the city. The city clerk-treasurer shall compile and maintain a list of suggested changes, all of which will be considered by the city during the next amendment to the comprehensive plan and/or development regulations. (Ord. 856 § 3, 2023; Ord. 701 § 1 (Exh. A), 2009; Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.08.020 Exemptions from project permit processing.

(1) Whenever a permit has been designated as Type I, Type II, or Type III, the procedures in this section shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth:

(a) Landmark or historical property designations;

(b) Street or other public right-of-way vacations;

(d) Capital facility projects.

(2) Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or other Type I approvals which are categorically exempt from environmental review or for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

(a) Notice of application;

(b) Optional consolidated project permit review;

(d) Single report stating all decisions made to date of public hearing.

(3) Applicable procedures include:

(a) Determination of completeness;

(b) Notice of decision; and

(c) Completion of project review within any applicable time periods. (Ord. 856 § 3, 2023; Ord. 701 § 1 (Exh. A), 2009; Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.08.030 Application process.

(1) Preapplication Meeting. Every applicant proposing a project that is categorized as a Type II or Type III permit process in the city of Entiat shall attend a preapplication meeting. The purpose of the meeting is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, applicable plans, policies and regulations. In order to expedite the review process, the city shall invite all affected jurisdictions, agencies, and/or special purpose districts to the preapplication meeting.

(a) The preapplication meeting shall take place at the city offices, unless another location is agreed upon by the city and the applicant. The length of the preapplication meeting shall be determined by the complexity of the development proposed by the applicant.

(b) The applicant may request one or more additional preapplication meetings if the proposed development changes based on information received at the previous meeting. The additional meetings shall be subject to the same procedures as the initial preapplication meeting.

(2) Application. All applications for development permits, approvals, variances or other approvals under the city’s development regulations shall be submitted on forms provided by the city. All applications shall be acknowledged by the property owner. The applicant shall apply for all permits identified in the preapplication meeting. Applications shall include all information listed as application requirements in the relevant ordinance, code or regulation governing the permits or approvals including, but not limited to:

(a) A fully completed, signed, and acknowledged development application form, including all required materials stated on the form, and all applicable filing fees;

(b) A fully completed, signed and acknowledged environmental checklist for projects subject to review under SEPA;

(3) Letter of Completeness. Within 28 days of receiving an application, the city shall notify the applicant in writing that the application is complete or incomplete.

(a) For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to constitute a complete application. Upon submittal of the additional information, the city shall, within 14 days, issue a letter of completeness. Failure to submit the requested information within 90 days will result in a null and void application, with no refund of the filing fees. An applicant may submit a written request to extend the 90-day period for up to an additional 90 days; provided, that such request is received by the administrator prior to the expiration of the original 90-day period. The administrator may grant such extension upon showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken.

(b) An application shall be deemed complete if the city fails to provide a written determination to the applicant that the application is incomplete within 28 days from the city’s acceptance of application.

(c) A determination of completeness shall not preclude the city from requesting additional information or studies if new information is required or a change in the proposed development occurs.

(d) An application shall become vested on the date a determination of completeness is made under this title. Thereafter, the application shall be reviewed under the codes, regulations and other laws in effect on the date of vesting; provided, in the event an applicant substantially changes his/her proposed development after a determination of completeness, as determined by the city, the application shall not be considered vested until a new determination of completeness on the changes is made under this title. (Ord. 856 § 3, 2023; Ord. 701 § 1 (Exh. A), 2009; Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.08.033 Permit review process.

(1) Project Permit Review – Type I. The application materials shall be reviewed by the review authority for consistency with the applicable ordinances, codes or regulations governing the permit or approval.

(2) Project Permit Review – Type II.

(a) Within 14 days of issuance of the letter of completeness, the city shall issue a public notice of application, as described herein, including, if applicable, any threshold determination.

(b) Following a 14-day comment period (30 days for shoreline permits), the city shall issue the final threshold determination and shall mail to the applicant copies of all comments received as a result of the notice. The applicant may respond to the comments.

(c) The city may consider comments and responses received as a result of the notice and shall review the projects’ consistency with any applicable development regulations and the adopted comprehensive plan. Consideration for consistency shall include the following minimum criteria:

(i) The type of land use;

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

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

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

(3) Project Permit Review – Type III. A Type III review process requires one open record public hearing, typically held before the hearing examiner, as determined by the applicable regulations.

(a) Within 14 days of issuance of the letter of completeness, the city shall issue a public notice of application, as described herein, including, if applicable, any threshold determination and the date of the public hearing, if known.

(b) Following a 14-day comment period (30 days for shoreline permits), and at least seven days prior to the scheduled hearing, the city shall issue a written staff report, integrating a SEPA review and final threshold determination and recommendations regarding the application(s). This document shall be sent to the applicant, the applicant’s representative, the applicable hearing body, and shall be made available for other parties upon request. In addition, the applicant shall receive copies of all comments received as a result of the public notice and may respond.

(c) The city may consider comments and responses received as a result of the notice and shall review the project’s consistency with any applicable development regulations and the adopted comprehensive plan. Consideration for consistency shall include the following minimum criteria:

(i) The type of land use;

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

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

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

(4) Project Permit Review – Type IV. A Type IV review process is a legislative process and may require at least one open record public hearing before the planning commission, and at least one open record public hearing before the city council.

(a) Area-wide rezones and official zoning map amendments will be processed through the comprehensive plan amendment process.

(b) Subdivision, zoning, and other development regulation amendments will be processed in accordance with state law.

(5) Consolidated Project Review. At the request of the applicant, the city shall consolidate development applications and review in order to integrate the development permit and environmental review process, while avoiding duplication. The consolidated project review process shall combine the environmental review, both procedural and substantive, with the procedure for review of all project permits required for a particular development. Except for the appeal of determination of significance, as provided in RCW 43.21C.075, there shall be no more than one open record hearing and one closed record appeal for the consolidated permit review, held before a single decision-making body.

(a) At least seven days prior to the scheduled hearing, the city shall issue a written staff report, integrating a SEPA review and final threshold determination, stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record hearing. The report shall state any mitigation required or proposed under the development regulations or under Chapter 43.21C RCW. This document shall be sent to the applicant, the applicant’s representative, the applicable hearing body, and shall be made available for other parties who request it. In addition, the applicant shall receive copies of all comments received as a result of the public notice, and may respond.

(b) Consolidated review shall follow the procedures for processing of the highest numbered procedure required for any part of the application. (Ord. 856 § 3, 2023)

14.08.037 Notice of application.

(1) For each project permit type requiring a notice of application, the notice of application shall be provided within 14 days of issuing the letter of completeness.

(2) The notice of application shall include the following information along with any other information the city deems appropriate:

(a) The date of application, the date of the letter of completeness, and the date of the notice of application;

(b) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies required under authority of Chapter 35.70A RCW;

(d) The identification of existing environmental documents that evaluate the proposed project, and the location where the application and the documents can be reviewed;

(e) A statement of the 14-day (30 days for permits issued pursuant to the city of Entiat shoreline master program) public comment period, the invitation for anyone to comment on the application, receive notice of and participate in any hearings, request a copy of the decision, when made, and any appeal rights;

(f) The date, time, place, and type of hearing, if applicable and scheduled at the date of the notice of application;

(g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency with existing comprehensive plan and development regulations; and

(h) Any other information deemed appropriate by the city.

(3) Except for short-term rental permits application, the notice of application shall be posted in the following manner:

(a) It shall be posted on the subject property for the duration of the public comment period. The city shall post and maintain the notice throughout the entire public comment period. The location and manner of posting shall be determined by the city. After the public comment period, the city staff person responsible for posting the notice of application shall sign an affidavit of posting before a notary public, using the form adopted by the city, and the affidavit of posting shall be placed in the application file.

(b) It shall be posted at City Hall.

(c) Where no other public notice, such as the required notice of a public hearing, is required, the notice of application shall be published once in the official newspaper for the city of Entiat. The notice of application published in the official local newspaper may be summarized and shall include at least the project location, description, type of permit(s) required, comment period dates, and the location where the complete application may be reviewed.

(d) If the notice of application includes the date and time of the public hearing, the notice shall also be distributed as required by EMC 14.08.040(1).

(4) The notice of application for short-term rental permits shall be posted in the following manner:

(b) It shall be posted at City Hall.

(c) It shall be mailed to all property owners, as shown on the records of the county assessor, and all street addresses of properties within 300 feet, not including street rights-of-way or the boundaries of the property which is the subject of the meeting or pending action or adjacent property under the same ownership of the subject property;

(5) The notice of application is not required for the following actions, when they are categorically exempt from SEPA or environmental review has been completed:

(a) An application for a single-family residence, accessory uses or other minor construction building permits;

(b) Application for a lot line adjustment;

14.08.040 Notice of public hearing.

When possible, the notice of application shall include the notice of public hearing, if scheduled. If not scheduled and included in the notice of application the notice of a public meeting or hearing for all development applications and all open record appeals shall be noticed separately as follows:

(1) Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under the rules, regulations, ordinances and codes of the city of Entiat shall be made by:

(a) Publication in the official newspaper at least 10 days before the date of a public meeting, hearing, or pending action; and

(b) Mailing at least 10 days before the date of a public meeting, hearing, or pending action to all property owners, as shown on the records of the county assessor, and all street addresses of properties within 300 feet, not including street rights-of-way, or the boundaries of the property which is the subject of the hearing, meeting, or pending action, or adjacent property under the same ownership as the subject property; and

(d) Posting on the subject property by the city.

(2) Content of Notice. The notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing, an invitation for people to attend and provide input, and the place where further information may be obtained.

(3) Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed on the date set in the public notice, the meeting or hearing may be continued to a date, time and place certain and no further notice under this section is required. (Ord. 856 § 3, 2023; Ord. 701 § 1 (Exh. A), 2009; Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)

14.08.043 Open record public hearing.

(1) If applicable to the permit or approval, an open record public hearing will be held by the appropriate hearing body that will generally be the hearing examiner, and conducted in accordance with the rules of procedure adopted by the hearing body. The hearing shall be recorded and, along with evidence submitted, will constitute the record for purposes of decision-making and subsequent appeals.

(2) The hearing body shall conduct a public hearing on development proposals for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the city development ordinances, codes and regulations, and adopted comprehensive plan. Notice of the public hearing shall be in accordance with this title and the applicable section of the development regulations governing the permit or approval.

(3) The hearing body shall not recommend approval of a proposed development unless it first makes appropriate findings and conclusions, as required by this title and the development regulations governing the permit or approval, in support of their decision. (Ord. 856 § 3, 2023)

14.08.045 Closed record decision and appeal.

(1) Closed record decisions and appeals, as defined herein, shall be conducted in accordance with the hearing body’s rules of procedure as provided for public hearings, and shall serve to provide argument and guidance for the body’s decision.

(2) For closed record appeals, no new evidence or testimony shall be given or received, except that the parties to an appeal may submit timely written statements or arguments. (Ord. 856 § 3, 2023)

14.08.050 Final decisions.

(1) Final Decision – Type I, II, and III. The administrator, city council, or hearing examiner, as applicable, shall approve, approve with conditions, or deny the application within the time frames described herein.

(2) Final Decision – Type IV. The final decision of the city council shall be by ordinance, resolution, or motion, as appropriate. Where the final decision of the council is made by motion, it shall be in writing and shall include those items described in EMC 14.08.033(4).

(3) Written notice of the decision shall be provided to the applicant, the applicant’s representative, and any person or agency who submitted comments on the application or requested notice of the decision, within one day of receiving written decision. The notice of decision shall include:

(a) Appropriate conditions of approval, if any;

(b) Findings and conclusions to support the decision;

(c) A statement that the decision and SEPA determination are final, but may be appealed within 14 calendar days of the date of the decision;

(d) A description of the appeal procedure, the appeal body, and the city representative to contact for further information.

(4) Timing. The city will strive to issue final decisions on Type I, Type II and Type III project permit application(s) within 120 days from the date of the letter of completeness. Exceptions to this timing include:

(a) Amendments to the comprehensive plan or development regulations;

(b) Any time required to correct plans, perform studies or provide additional information; provided, that within 14 days of receiving the requested additional information, the director shall determine whether the information is adequate to resume project review;

(c) Substantial project revisions made or requested by an applicant after a letter of completeness, in which case the 120 days will be calculated from the time that the city determines the revised application be complete;

(d) All time required for the preparation of an environmental impact statement;

(e) Projects involving the siting of an essential public facility;

(f) An extension of time mutually agreed upon by the city and the applicant;

(g) All time required to obtain a variance;

(h) Any remand to the hearing board;

(i) All time required for any administrative appeals; and

(j) If the decision-maker 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 project 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.

(5) The written notice of final decision for Type II and Type III decisions, and Type IV actions made by motion of the city council, shall include the following information:

(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 hearing body, 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 Chapter 14.10 EMC, Appeals. The statement shall state the appeal closing date and 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 city’s representative to contact to arrange inspection.

(f) A written notice of decision rendered by the city council may be in the form of the signed ordinance or resolution.

(6) Effective Date. The final decision of the hearing body shall be effective on the date stated in the decision, motion, resolution, or ordinance; provided, that the date from which appeal periods shall be calculated shall be the date the decision-maker takes action on the motion, resolution, or ordinance. (Ord. 856 § 3, 2023; Ord. 701 § 1 (Exh. A), 2009; Ord. 579 § 1, 2001; Ord. 573 § 1, 2001)