Chapter 22.06


22.06.001    Preapplication conference.

22.06.002    Project permit application.

22.06.003    Application fees.

22.06.004    Determination of completeness.

22.06.005    Notice of application.

22.06.006    Referral and review of project permit applications.

22.06.001 Preapplication conference.

(a) Preapplication Conference. A preapplication conference may be held with city staff and a potential applicant for a Type II-A, Type II-B, Type III-A, Type III-B or Type IV permit to discuss application submittal requirements and pertinent fees. The purpose of the preapplication conference is to acquaint the applicant with the requirements of this code.

(b) The applicant may request that the following be provided:

(1) A form which lists the requirements for a completed application;

(2) A general summary of the procedures to be used to process the application;

(3) The references to the relevant code provisions or development standards which may apply to the approval of the application;

(4) The city’s design guidelines.

(c) The conference is not intended to be an exhaustive review of all potential issues. The discussions at the conference or information provided by the city to the applicant under subsection (b) of this section shall not bind or prohibit the city’s future application or enforcement of all applicable law. (Ord. 1638 § 3, 2019; Ord. 1120 § 1, 1996).

22.06.002 Project permit application.

Applications for project permits shall be submitted upon forms provided by the director. Pursuant to Washington State Department of Ecology requirements, all documents to be submitted to the SEPA Register, including all application materials, technical reports, and other supporting documentation, shall be provided to the city in electronic format. The city may also require electronic format submittals for non-SEPA Register documents. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information:

(a) A completed project permit application form;

(b) A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;

(c) A property and/or legal description of the site for all applications, as required by the applicable development regulations;

(d) The applicable fees;

(e) Evidence of adequate water supply as required by RCW 19.27.097;

(f) A completed environmental checklist for project subject to review under the State Environmental Policy Act;

(g) Any supplemental information or special studies identified by the director. (Ord. 1575 § 2, 2016; Ord. 1245 § 3, 2000; Ord. 1120 § 1, 1996).

22.06.003 Application fees.

Filing fees and filing deposits for project permit applications shall be paid upon the filing of an application in accordance with the planning service fee schedule established by council resolution. (Ord. 1120 § 1, 1996).

22.06.004 Determination of completeness.

(a) Determination of Completeness. Within 28 days after receiving a Type III-A, Type III-B, or Type IV project permit application, the city shall mail or personally provide a written determination to the applicant which states either: (1) that the application is complete; or (2) that the application is incomplete and what is necessary to make the application complete (RCW 36.70B.070).

(b) Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city’s determination required by subsection (a) of this section (RCW 36.70B.070).

(c) “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in FMC 22.06.002, as well as the submission requirements contained in the applicable development regulations. The determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The city’s determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new information is required or where there are substantial changes in the proposed action (RCW 36.70B.090(1)).

(d) Incomplete Application Procedure.

(1) If the applicant receives a determination from the city that an application is not complete, the applicant shall have 120 days to submit the necessary information to the city. Within 14 days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection (a) of this section, and notify the applicant in the same manner.

(2) If the applicant either refuses in writing to submit additional information or does not submit the required information within the 120-day period, the application shall lapse.

(3) If the application has lapsed because the applicant has failed to submit the required information within the necessary time period, the applicant may request a refund of any unused portion of an application deposit fee.

(e) City’s Failure to Provide Determination of Completeness. A project permit application shall be deemed complete under this section if the city does not provide a written determination to the applicant that the application is incomplete as provided in subsection (a) of this section (RCW 36.70B.070(4)(a)).

(f) Date of Determination of Completeness. When the project permit application is deemed complete, the director shall accept the application and note the date of the determination of completeness. If the city has not provided a written determination to the applicant that an application is either complete or incomplete within 28 days of receiving the application, the date of the determination of completeness shall be noted as 5:00 p.m. on the twenty-eighth day. (Ord. 1245 § 4, 2000; Ord. 1145 § 2, 1997; Ord. 1120 § 1, 1996).

22.06.005 Notice of application.

(a) Issuance/Timeframe. A notice of application shall be issued on all Type III-A, III-B, and IV project permit applications pursuant to Chapter 22.07 FMC (RCW 36.70B.110) within 14 days after the city has issued a determination of completeness for a project permit application. If any open record predecision hearing is required for the requested project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing (RCW 36.70B.110).

(b) SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required (RCW 36.70B.140(2)).

(c) Contents. The notice of application shall include:

(1) The name of applicant;

(2) The date of application, the date of the determination of completeness for the application, and the date of the notice of application;

(3) 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 requested under RCW 36.70B.070;

(4) The identification of other permits not included in the application, to the extent known by the city;

(5) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

(6) A statement of the limits of the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;

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

(8) A statement of the preliminary determination of consistency, if one has been made at the time of issuance of the notice of application, and of those development regulations that will be used for project mitigation and the determination of consistency as provided in Chapter 22.08 FMC;

(9) Any other information determined appropriate by the city, such as the city’s threshold determination, if complete at the time of issuance of the notice of application (RCW 36.70B.110).

(d) Public Comment on the Notice of Application. All public comments on the notice of application must be received in the planning/building department by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile. Comments should be as specific as possible.

(e) Except for a determination of significance, the city may not issue its threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application (RCW 36.70B.110). (Ord. 1145 § 3, 1997; Ord. 1120 § 1, 1996).

22.06.006 Referral and review of project permit applications.

Within 10 days of issuing a determination of completeness, the director shall do the following:

(a) Transmit a copy of the application, or appropriate parts of the application, to each affected agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 days to comment. The referral agency or city department is presumed to have no comments if comments are not received within the specified time period. The director shall grant an extension of time for comment only if the application involves unusual circumstances. Any extension shall only be for a maximum of three additional days (RCW 36.70B.070).

(b) If a Type III-A or III-B procedure is required, notice and hearing shall be provided as set forth in Chapter 22.07 FMC. (Ord. 1120 § 1, 1996).