Chapter 15.24
TYPE IV PERMIT PROCEDURE (PRELIMINARY PLAT, PUD, SITE-SPECIFIC REZONES)
Sections:
15.24.010 Preapplication conference.
15.24.030 Determination of completeness.
15.24.040 Threshold determination, scheduling of hearing, and publication of notice.
15.24.050 Design review board.
15.24.060 Administrator shall forward.
15.24.070 Hearing before hearing examiner.
15.24.080 Findings and recommendation.
15.24.010 Preapplication conference.
The administrator may require a potential applicant to participate in a preapplication conference. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.020 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).
15.24.030 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).
15.24.040 Threshold determination, scheduling of hearing, and publication of notice.
Within 14 days of determination of completeness of an application, the administrator shall perform the actions in subsections A through D of this section.
A. Perform a threshold determination regarding the proposal in accordance with Chapter 197-11 WAC, Part Three.
B. Determine on what date the notice of application will be published.
C. Schedule a hearing before the hearing examiner for a date between 15 and 30 days after the publication of notice of application, except that if a determination of significance (DS) has been issued, the hearing may be scheduled and publicized later to allow time to prepare the draft environmental impact statement (DEIS).
D. Publish a notice of application/hearing in accordance with EMC 15.30.030.
1. The “notice of application/hearing” shall include the information required in RCW 36.70B.110(2).
2. The public comment period shall be 15 to 30 days.
3. If a determination of significance (DS) has been issued, the “notice of application/hearing” 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/hearing/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/hearing/DNS” and environmental checklist to the agencies listed in WAC 197-11-340(2). If timely comments are received, the administrator shall reconsider the DNS in accordance with WAC 197-11-340(2)(f) and (3). (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.050 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. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.060 Administrator shall forward.
The administrator shall forward to the hearing examiner:
A. The results of the proposal’s environmental review, including copies of the draft and final EIS, if applicable;
B. The design review board’s finding of conformance or nonconformance, if applicable; and
C. Staff report containing all pertinent background information. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.070 Hearing before hearing examiner.
The hearing examiner shall hold the hearing, which may be combined with that of another agency with jurisdiction. The hearing examiner shall also review the environmental review information and the design review board’s finding of conformance or nonconformance, if applicable. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.080 Findings and recommendation.
A. After the above, the hearing examiner shall prepare written findings referencing the applicable permit criteria. If the proposal underwent design review, the findings shall include either the design review board’s finding of (non-)conformance or an alternative finding referencing the design regulations.
B. Make a recommendation to council consistent with those findings. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.090 Decision.
The city council shall decide on the proposal in accordance with its findings. The decision may be by simple motion. The decision shall be early enough to allow the administrator to comply with EMC 15.24.100 regarding notice of decision. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.100 Notice of decision.
A. Within 120 days of the determination of completion, the administrator shall issue a notice of decision.
B. The rules embodied in RCW 36.70B.090 shall constitute exceptions to this 120-day deadline. Days during which an EIS is being prepared do not count against the 120 days.
C. The notice of decision shall contain a statement of threshold determination.
D. The notice of decision shall be published in accordance with EMC 15.30.030. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.24.110 Appeals.
A. Appeals of Type IV permit decisions are to be made to King County Superior Court pursuant to RCW 36.70C.040, the Land Use Petition Act. Appeals shall be made on the existing record (closed record appeal). A written appeal shall be submitted to the county clerk within 14 days of the decision. The fee for an appeal shall be as set by county resolution. A new hearing is not permitted.
B. No building or sign permit shall be issued for work requiring a Type IV permit 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).