Chapter 15.20
TYPE II PERMIT PROCEDURE (SEPA NONEXEMPT BUILDING, CLEARING AND GRADING PERMITS, SHORT PLATS, BINDING SITE PLAN, PROCEDURAL AND SUBSTANTIVE SEPA DECISIONS, CRITICAL AREA PERMITS AND REASONABLE USE EXCEPTIONS)
Sections:
15.20.010 Preapplication conference.
15.20.030 Determination of completeness.
15.20.040 Threshold determination and notice of application.
15.20.050 Design review board.
15.20.060 Decision and notice of decision.
15.20.010 Preapplication conference.
The applicant is encouraged to allow the administrator to arrange a preapplication conference. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.20.020 Application.
The applicant shall complete the appropriate application form and submit application, environmental checklist, and applicable fees to the administrator. The application form will establish the necessary information. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.20.030 Determination of completeness.
A. Within 28 days of submittal, the administrator shall:
1. Send the applicant either a determination of completeness or a notice as to what additional information is required to complete the application; and
2. Advise the applicant of other agencies that may have jurisdiction over the proposal.
B. Within 14 days of submittal of additional information as required above, the administrator shall send the applicant either a determination of completeness or another notice as to what additional information is required to complete the application. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.20.040 Threshold determination and notice of application.
Within 14 days of determination of completeness of an application, the administrator shall perform the actions in subsections A and B of this section:
A. Perform a threshold determination regarding the proposal in accordance with Chapter 197-11 WAC, Part Three;
B. Publish a notice of application in accordance with EMC 15.30.030.
1. The notice of application shall include the information required in RCW 36.70B.110(2);
2. The public comment period shall be 15 days;
3. If a determination of significance (DS) has been issued, the notice of application shall incorporate the DS and scoping notice;
4. If a DS has been issued, and other agencies share jurisdiction over the proposal, they shall also be sent the “notice of application/DS/scoping”;
5. If WAC 197-11-340(2) applies (that is, the city cannot take final action until 15 days after issuing a determination of nonsignificance, or DNS), the administrator shall also send the “notice of application/DNS” and environmental checklist to the agencies listed in WAC 197-11-340(2). (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.20.050 Design review board.
If the proposal is not exempt from design review (see EMC 19.12.020), at any time after the determination of completeness the design review board shall review it and issue a finding of conformance (with or without conditions) or nonconformance with the design regulations of Chapter 19.12 EMC. This review shall take place within the 120-day review window. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.20.060 Decision and notice of decision.
A. After the above procedures have been completed, including environmental review, and within 120 days of determination of completeness, the administrator (or building official if the action is a building or sign permit) shall determine whether the application is consistent with these development regulations, act on the application accordingly, and issue a notice of decision.
B. The administrator or building official shall not approve the permit unless the design review board has issued a finding of conformance (with or without conditions) with the design regulations. Nor shall the administrator or building official approve said permit without attaching to it any condition stipulated by the design review board.
C. The rules embodied in RCW 36.70B.090 shall constitute exceptions to the 120-day deadline. Days during which an EIS is being prepared do not count against the 120 days.
D. The notice of decision shall contain a statement of threshold determination and the procedures for administrative appeal.
E. The notice of decision shall be published in accordance with EMC 15.30.030.
F. If a development proposal requires both a Type II permit and a Type III or IV permit, the 120 days within which a notice of decision must be issued upon the Type II permit shall not begin until the Type III or IV permit has been issued. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.20.070 Appeals.
A. Any decision of the administrator or design review board may be appealed to the hearing examiner in accordance with EMC 15.06.070. For Type II appeals to the hearing examiner the appeal process shall be in accordance with the following:
1. Except as otherwise provided herein, all notices of appeal to the hearing examiner shall be filed with the city clerk. Except as otherwise provided herein, all notices of appeal, together with the required appeal fee, shall be filed within 21 calendar days from the date of issuance of the decision being appealed.
2. Notices of appeal of any recommendation to deny vacation of a city street shall be filed along with the required appeal fee with the city clerk within 21 days of the written issuance of such recommendations of denial.
3. City department staff shall:
a. Be available within a reasonable time to persons wishing to file a notice of appeal subsequent to a city department ruling, and to respond to queries concerning the facts and process of the city decision; and
b. Make available within a reasonable time a complete set of files detailing the facts of the department ruling in question to persons wishing to file a notice of appeal, subsequent to a city department ruling. If a department is unable to comply with these provisions, the hearing examiner may authorize amendments to a notice of appeal to reflect information not made available to an appellant within a reasonable time due to a failure by a city department to meet the foregoing requirements. The statement of appeal required as part of the notice of appeal shall identify the decision being appealed and the alleged errors in that decision. Further, the statement of appeal shall state specific reasons why the decision should be reversed or modified; and the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based principally on matters or issues raised in the statement of appeal. Failure to timely file a notice of appeal, or appeal fee, deprives the hearing examiner of jurisdiction to consider the appeal.
B. Decisions of the building official may, within 14 days of the decision, be administratively appealed in accordance with Section 112 of the International Building Code and Section R112 of the International Residential Code.
C. No building permit shall be issued for work requiring a Type II permit issued by the administrator until the 14-day appeal period has lapsed; provided, that the administrator may waive this prohibition if the applicant signs a statement acknowledging the appeal period and agreeing to remove or modify the permitted work at the applicant’s expense should an appeal result in revocation or modification of the appealed permit. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).