Chapter 19.40
APPLICATION REVIEW PROCEDURES
Sections:
19.40.020 Type I permit applications.
19.40.030 Type II permit applications.
19.40.040 Type III permit applications.
19.40.050 Type IV permit applications.
19.40.060 Type V permit applications.
19.40.010 Purpose.
The purpose of this chapter is to provide an explanation of each of the procedural steps necessary for each permit application type. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.40.020 Type I permit applications.
A. Decisions on Type I permit applications are made by the review authority as set forth in Table 19.20.020.
B. A Type I permit application decision shall be made within eighteen calendar days after the date the application or request is accepted by the city; provided, that if new information is requested by the city or introduced by the applicant after submittal, an additional seven calendar days may be utilized by the city to issue the decision.
C. Decision Criteria. The decision of the review authority shall be based on the decision criteria for the application set forth in the appropriate development regulations for the use or activity. The decision shall include any conditions necessary to ensure consistency with the applicable development regulations.
D. Record. The review authority shall prepare a written record in each case and may be in the form of a staff report, letter, notice of decision, or other written document indicating approval, approval with conditions, or denial. The written record/decision shall be distributed to the parties of record. See Chapter 16.09 for decisions on shoreline exemptions.
E. Appeal. Type I decisions may be appealed to the hearing examiner as provided in Section 19.70.010. All decisions are final upon expiration of the appeal period, or, if appealed, upon the date of issuance of the hearing examiner’s final decision on the appeal. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.40.030 Type II permit applications.
A. Decisions on Type II permit applications are made by the review authority as set forth in Table 19.20.020.
B. Decision Criteria. The decision of the review authority shall be based on the decision criteria for the application set forth in the appropriate development regulations for the use or activity. The decision shall include any conditions necessary to ensure consistency with the applicable development regulations.
C. Record. The decision of the review authority shall be prepared for each Type II permit application, shall be in the form of a staff report, and indicate approval, approval with conditions, or denial. A copy of the staff report shall be made available to the applicant, to any parties requesting it, posted to the city’s website, and transmitted to the review authority at least five calendar days prior to issuing a notice of decision. If there are no parties of record, and upon confirmation from the applicant, the notice of decision can be issued without waiting a full five days. A notice of decision shall be issued and distributed as provided for in Section 19.50.060.
D. Appeal. Type II decisions may be appealed to the hearing examiner as provided in Section 19.70.010. All decisions are final upon expiration of the appeal period, or, if there is an appeal, upon issuance of the hearing examiner’s final decision on the appeal. (Ord. 2020-10 § 2 (Exh. A § 20), 2020: Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.40.040 Type III permit applications.
A. Decisions on Type III permit applications are made by the review authority as set forth in Table 19.20.020.
B. Decision Criteria. The decision of the review authority shall be based on the decision criteria for the application set forth in the appropriate development regulations for the use or activity. The decision shall include any conditions necessary to ensure consistency with the applicable development regulations.
C. Record. A written staff report shall be issued by the planning department at least seven calendar days prior to the date of the planning commission meeting. The staff report shall include an analysis of the application, including SEPA review, and provide a recommendation on the application including any conditions of approval. All written comments received to date prior to the issuance of the staff report shall be included. A copy of the staff report shall be made available to the applicant, to any parties requesting it, posted to the city’s website, and transmitted to the planning commission and review authority.
D. Planning Commission Review. The planning commission shall review all Type III applications at a public meeting and provide a recommendation to the review authority. The planning commission may recommend that the review authority approve or approve with modifications the application if it complies with the applicable decision criteria. In all other cases, the planning commission shall recommend denial of the proposal. The planning commission’s recommendation shall be in writing and shall contain the following: (1) the recommendation of the planning commission; (2) any conditions included as part of the planning commission recommendation; and (3) findings of fact upon which the recommendation was based, and the conclusions derived from those facts.
E. Public Hearing. The review authority shall hold an open record public hearing on Type III permit applications. The open record public hearing shall proceed as follows:
1. Notice of the hearing shall be given as provided in Section 19.50.030.
2. Any person may participate in the public hearing by submitting written comments prior to or at the hearing, or by providing oral testimony and exhibits at the hearing.
3. The planning director shall transmit to the review authority a staff report and exhibits on the application, including all written comments received and information reviewed by or relied upon by the planning director, at least seven calendar days prior to the hearing. The file shall also include information to verify that the requirements for notice to the public have been met. The planning commission findings, conclusions and recommendation shall also be transmitted.
4. The review authority shall create a complete record of the public hearing, including all exhibits introduced at the hearing and an electronic sound recording of each hearing.
5. At the conclusion of the hearing, the review authority shall announce one of the following:
a. That the hearing is continued. If the hearing is continued to a place, time and date certain, then additional notice of the continued hearing is not required to be made. If the hearing is not continued to a place, date, and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.
b. That the public record is held open to a date and time certain. The review authority shall state where additional written evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the oral testimony portion of the hearing.
c. For hearing examiner decisions, that the application(s) is/are taken under advisement, the record is closed, and a final decision will be issued as set forth in subsection F of this section.
d. For city council decisions, that the application(s) is/are approved, approved with conditions, or denied, together with a brief summary of the basis for the decision and that a written decision supported by findings and conclusions will be issued as set forth in subsection G of this section.
F. Hearing Examiner Decisions on Type III. The hearing examiner shall make the final decision after receiving the recommendation of the planning commission, and after holding an open record public hearing and receiving any public testimony.
1. The hearing examiner shall approve a project or approve with modifications if the applicant has demonstrated that the proposal complies with the applicable decision criteria. The hearing examiner may include conditions to ensure a proposal conforms to the relevant decision criteria.
2. Prior to issuing a decision, if the hearing examiner determines that information, analysis, revision or other material needed to satisfy the provisions of relevant law or code requirements have not been provided, the examiner may remand the matter for the addition of the requisite information, analysis, revision or other material.
a. If the hearing examiner remands a matter for additional information, analysis, revision or material, the hearing examiner shall retain jurisdiction in order to review the adequacy of the information, analysis, revision or material submitted in response to the remand. The remand order shall expressly state that jurisdiction is retained and what information, analysis, revisions or material is to be provided, and may identify a date when it is to be submitted.
b. A copy of the information, analysis, revision or other material filed with the hearing examiner in response to a remand shall also be made available to all parties to the proceeding. The parties shall have an opportunity to review and file rebuttal to the information, analysis, revision or other material filed in response to a remand.
3. In all other cases, the hearing examiner shall deny the application.
4. The hearing examiner shall issue a written report supporting the decision within thirty calendar days following the close of the record. The decision shall be issued and distributed as provided for in Section 19.50.060, Notice of decision. The decision shall include:
a. The decision of the hearing examiner.
b. Any conditions included as part of the decision.
c. Findings of facts for which the decision, including any conditions, was based and the conclusions derived from those facts.
5. Request for Reconsideration. Any party of record may file a written request with the hearing examiner for reconsideration within seven calendar days of the date of the written decision. The request shall explicitly set forth alleged errors of procedure, law, or fact. No new evidence may be submitted in support of or in opposition to a request for reconsideration.
a. The hearing examiner shall summarily dismiss a request for reconsideration that is without merit on its face or brought merely to secure a delay.
b. The hearing examiner shall act within thirty calendar days after the filing of the request for reconsideration by either denying the request or issuing a revised decision. The decision on the request for reconsideration and/or the revised decision shall be sent to all parties of record.
c. The appeal period shall begin from the date the decision on the reconsideration is issued.
d. The hearing examiner’s action following reconsideration is not subject to further requests for reconsideration.
G. City Council Decisions on Type III. The city council shall make the final decision after receiving the recommendation of the planning commission, and after holding an open record public hearing and receiving any public testimony.
1. The city council shall approve a project, or approve with modifications if the applicant has demonstrated that the proposal complies with the applicable decision criteria. The city council may, based on the record, include conditions to ensure a proposal conforms to the relevant decision criteria.
2. Prior to issuing a decision, if the city council determines that additional information, analysis, revision or other material needed to satisfy the provisions of relevant law or code requirements have not been provided, the city council may remand the matter for the addition of the requisite information, analysis, revision or other material.
a. If the city council remands a matter for additional information, analysis, revision or material, the city council shall retain jurisdiction in order to review the adequacy of the information, analysis, revision or material submitted in response to the remand. The remand order shall expressly state that jurisdiction is retained and what information, analysis, revisions or material is to be provided, and may identify a date when it is to be submitted.
b. A copy of the information, analysis, revision or other material filed with the city council in response to a remand shall also be made available to all parties to the proceeding. The parties shall have an opportunity to review and file rebuttal to the information, analysis, revision or other material filed in response to a remand.
3. In all other cases, the city council shall deny the application.
4. The city council decision shall be in writing and shall include findings and conclusions derived from those facts which support the decision of the council, including any conditions. The city council may by reference adopt some or all of the findings and conclusions of the planning commission.
5. The decision shall be issued and distributed as set forth in Section 19.50.060, Notice of decision.
H. Appeal. Appeal of the hearing examiner decision on Type III permit applications may be appealed to the city council as set forth in Section 19.70.020. City council decisions may be appealed to the Kitsap County superior court as set forth in Section 19.70.030. (Ord. 2023-04 § 2 (Exh. A § 12), 2023; Ord. 2020-10 § 2 (Exh. A § 21), 2020: Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.40.050 Type IV permit applications.
A. Decisions on Type IV permit applications are made by the review authority as set forth in Table 19.20.020.
B. Establishing the Docket for Comprehensive Plan Map, Policy or Text Amendments. Chapter 36.70A RCW provides that comprehensive plan amendments can occur no more than once a year with limited exceptions.
1. Any interested person, property owner, citizen and city staff may submit a comprehensive plan map, policy or text amendment.
2. Except as otherwise authorized by the Growth Management Act, the city will review all proposed comprehensive plan amendments in a single concurrent process occurring no more frequently than once a year.
3. All applications for a comprehensive plan map, policy or text amendment must be received no later than November 15th annually. If November 15th falls on a weekend or holiday, then the deadline for filing shall be extended to the close of the next regular business day.
4. Applications received after the due date will be added to the comprehensive plan docket for the following year’s amendments.
5. As applications for comprehensive plan amendments are received throughout the year, the planning director shall compile and maintain a list of all such proposed amendments. After the November 15th filing deadline and any necessary preapplication conferences are held, the planning director shall present the list to the city council for consideration. The city council shall review the list at a public meeting and shall determine, which, if any, of the proposed amendments shall be processed further.
a. When selected by the city council for further processing, a comprehensive plan amendment shall be processed as provided for Type IV application permits.
b. When not selected by the city council for further processing, the proposed amendment shall be removed from the docket, and any amendment fee submitted (not including any preapplication fees) shall be refunded. Resubmittal of an application removed from the docket may be made at the next annual review cycle.
6. Proposed comprehensive plan amendments that are denied after the completion of the Type IV permit application process may not be resubmitted to the docket for a period of two annual review cycles.
C. Amendments to Development Regulations. Amendments to the city’s development regulations shall be processed as a Type IV permit application and may be initiated at any time, unless a comprehensive plan amendment is necessary.
D. Public Participation Program for All Type IV Applications. This subsection is intended to meet the requirements of RCW 36.70A.140 that a public participation program be established and broadly disseminated identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans.
1. Purpose. In order to provide for early and continuous public participation, the following public participation goals have been established for Type IV permit applications:
a. Provide the public with timely information, an understanding of the process, and opportunities to review and comment on Type IV permit applications, and have these comments forwarded to the city planning commission and city council.
b. Ensure that information about the application is provided to the public early in the process and at regular intervals thereafter, to maximize public awareness and participation.
c. Incorporate public comment into the city’s review process prior to significant procedural milestones or decision making.
d. Consult and consider recommendations from neighboring jurisdictions, federal and state agencies, and Native American tribes.
2. Public Participation Plan. A public participation plan will be developed for each Type IV permit and will be broadly disseminated by posting it on the city’s website and a summary of the public participation plan will be included in the amendment application’s notice of application. The notice of application shall be issued and distributed as set forth in Section 19.50.020.
3. Information Availability. The city shall undergo the following procedures to make information available to the public for Type IV permit applications:
a. All documents related to a Type IV permit application will be available for public review. Hard copy of all documents will be available for review at Poulsbo City Hall. Copies will be provided at a reasonable cost.
b. The primary clearinghouse for information related to Type IV permit applications is the city website, www.cityofpoulsbo.com, where the proposed Type IV applications, meeting dates, updates on process, notice of application, environmental review, notice of public hearing, staff reports, findings of fact, and notice of decision will be posted. An email link for questions or comments will be provided at the website.
c. Publication of official notices, such as notice of application, environmental review, public hearing notices, and ordinance summary, will be made in the city’s official newspaper. A hard copy of these notices will also be posted at the Poulsbo Post Office, Poulsbo Library, and Poulsbo City Hall notice boards.
d. A mailing list of interested persons and organizations to receive notices regarding Type IV applications will be maintained. Notice to the mailing lists will be provided either by mail or email.
e. Planning commission and city council meetings and hearings are recorded. Recordings are available for public review or purchase.
f. The local news media will be notified of Type IV permit applications and city contact information will be provided. The city will provide updates at appropriate intervals for Type IV permit applications that require lengthy review timelines.
4. Comments on Type IV permit applications may be provided to the city at any time during the review process. Written comments will be taken by the city and forwarded to the planning commission and city council as part of the record.
5. Upon initial public release of a Type IV permit application, an anticipated review timeline will be developed, distributed with the notice of application and posted on the city’s website. The timeline shall identify the anticipated dates of application procedural milestones, as well as workshop, meeting and hearing dates, with the caveat that workshop, meeting and hearing dates may be added, extended or modified by the planning commission or city council during the review process.
6. Additional opportunities for public engagement, such as open houses, workshops, advisory committees, community online surveys, or other public information gathering techniques may be incorporated in any Type IV permit applications as deemed appropriate by the city.
E. Record. A written staff report shall be issued by the planning director at least seven calendar days prior to the date of the planning commission hearing. The staff report shall include an analysis of the application, including SEPA review, and provide a recommendation on the application including any conditions of approval. All written comments received to date prior to the issuance of the staff report shall be included. A copy of the staff report shall be made available to the applicant, to any parties requesting it, posted to the city’s website, and transmitted to the planning commission and city council.
F. Planning Commission Review and Recommendation. The planning commission shall review all Type IV applications at a public hearing and provide a recommendation to the city council. The planning commission may hold any number of study sessions or workshops on the application prior to the public hearing. At the close of the public hearing, the planning commission may recommend that the city council approve, approve with modifications, or denial of the application. The planning commission’s recommendation shall be in writing and shall contain the following: (1) the recommendation of the planning commission; (2) any conditions included as part of the recommendation; and (3) findings of fact upon which the recommendation, including any conditions, was based and the conclusions derived from those facts. The planning commission recommendation, conclusion and findings of fact, and any exhibits submitted during the public hearing, shall be transmitted to the city council.
G. Public Hearing. The planning commission and the city council shall both hold an open record public hearing on Type IV applications. The open record public hearings shall proceed as follows:
1. Notice of each hearing shall be given as provided in Section 19.50.030.
2. Any person may participate in the public hearing by submitting written comments prior to or at the hearing, or by providing oral testimony and exhibits at the hearing.
3. The planning commission and city council shall create a complete record of the public hearing, including all exhibits introduced at the hearing and an electronic sound recording of each hearing.
4. At the conclusion of the hearing, the planning commission or city council shall announce one of the following:
a. That the hearing is continued. If the hearing is continued to a place, time and date certain, then additional notice of the continued hearing is not required to be made. If the hearing is not continued to a place, date, and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.
b. That the public record is held open to a date and time certain. It shall be stated where additional written evidence and testimony can be sent, and shall announce any limits on the nature of the evidence that will be received after the oral testimony portion of the hearing.
c. That the public hearing is closed and initiate deliberations.
H. City Council Review and Decision on Type IV. The city council may hold any number of study sessions or workshops on the application prior to its open record public hearing. The city council shall make the final decision after receiving the recommendation of the planning commission. The city council shall approve, approve with modifications, or deny the application.
1. Conditions. The city council may, based on the record, include conditions to ensure a proposal conform with relevant decision criteria.
2. Decision. The city council decision shall be in writing and shall include findings and conclusions derived from those facts which support the decision of the council, including any conditions. The city council may by reference, adopt some or all of the findings and conclusions of the planning commission.
3. The decision shall be issued and distributed as set forth in Section 19.50.060, Notice of decision.
I. Emergency Amendments. Emergency amendments to the comprehensive plan are allowed pursuant to RCW 36.70A.130(2)(b). Emergency amendments can be considered outside of the annual review cycle and must be based upon an event, circumstance or situation that constitutes an immediate threat to the public health, safety or welfare. One public hearing before the city council is required to adopt an emergency amendment to the comprehensive plan and must be publicly noticed ten calendar days before the hearing.
J. Appeal. City council decisions on Type IV permit applications may be appealed to the Central Puget Sound Growth Management Hearings Board as set forth in Section 19.70.040. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.40.060 Type V permit applications.
A. Applicability. A property owner or authorized agent may request the city consider releasing a concomitant agreement that has been recorded on a legal parcel or parcels of land.
B. Submittal Requirements. The property owner or authorized agent shall submit to the city a completed application form provided by the city, signed by the owner(s) of property subject to the concomitant agreement, and accompanied by a copy of the valid concomitant agreement and legal description of the property.
C. Complete Application. Determination of a complete application shall be as set forth in Sections 19.30.020 and 19.30.030.
D. Review Authority.
1. The city council is the review authority for the release of legislatively enacted valid concomitant agreements for rezones.
2. The planning director is the review authority for the release of fulfilled (no conditions remaining) valid concomitant agreements and applications shall be processed under a Type I application according to the provisions of Section 19.40.020. The decision criteria in subsection H of this section do not apply, as the concomitant agreement has been fulfilled and no conditions of approval remain. A written record shall be prepared pursuant to Section 19.40.020(D).
3. The planning director is the review authority for the release of administratively enacted (no ordinance or city council action) and city council enacted (not for rezone) valid concomitant agreements and shall be processed under a Type II application according to the provisions of Section 19.40.030. The decision criteria in subsection H of this section shall apply. A written record shall be prepared pursuant to Section 19.40.030(C).
E. Noticing. Upon acceptance of a complete application, the planning director will issue a notice of application, to be distributed consistent with Section 19.50.020. A public hearing notice, for legislatively enacted concomitant agreements for rezones, may be combined with the notice of application, if a date to hold a public hearing before the city council has been identified. Noticing of this public hearing will be made as set forth in Section 19.50.040.
F. Record. A written staff report shall be issued by the planning director at least seven calendar days prior to the date of the city council hearing. The staff report shall include an analysis of the application and provide a recommendation on the application including any conditions of approval. All written comments received to date prior to the issuance of the staff report shall be included. A copy of the staff report shall be made available to the applicant, to any parties requesting it, posted to the city’s website, and transmitted to the city council.
G. Public Hearing. The city council shall hold an open record public hearing on Type V permit applications for legislatively enacted concomitant agreements for rezones. The open record public hearing shall proceed as follows:
1. Any person may participate in the public hearing by submitting written comments prior to or at the hearing, or by providing oral testimony and exhibits at the hearing.
2. The city council shall create a complete record of the public hearing, including all exhibits introduced at the hearing and an electronic sound recording of each hearing.
3. At the conclusion of the hearing, the city council shall announce one of the following:
a. That the hearing is continued. If the hearing is continued to a place, time and date certain, then additional notice of the continued hearing is not required to be made. If the hearing is not continued to a place, date, and time certain, then notice of the continued hearing shall be given as though it was the initial hearing.
b. The public record is held open to a date and time certain. It shall be stated where additional written evidence and testimony can be sent and shall announce any limits on the nature of the evidence that will be received after the oral testimony portion of the hearing.
c. Close the public hearing and initiate deliberations.
H. Decision Criteria. In order to approve the release or amendment of the concomitant agreement, the review authority shall be required to make the following findings:
1. Development of the site would be consistent with current development regulations and comprehensive plan goals and policies.
2. Adequate public/private services are available to support development of the site.
3. Development would not unreasonably impact nearby property development which has relied upon the covenant commitments.
I. City Council Decision. The city council, at the conclusion of the public hearing or as soon thereafter as the city council business permits, will issue a decision to approve or deny the release or amendment of the concomitant agreement. Where the concomitant agreement was entered into in connection with a rezone of property, the decision shall be in the form of an ordinance. A notice of decision shall be issued and distributed as set forth in Section 19.50.060.
J. Recording. If the release or amendment of a concomitant agreement is approved, the city and the applicant shall execute an appropriate agreement or instrument releasing the concomitant agreement and the same shall be recorded in the records of Kitsap County. (Ord. 2020-10 § 2 (Exh. A § 22), 2020: Ord. 2016-05 § 2 (Exh. A) (part), 2016)