Chapter 11.245
DEVELOPMENT REVIEW PROCESS
Sections:
11.245.010 General provisions.
11.245.030 Application and fee.
11.245.040 Review for completeness.
11.245.060 Notice of application.
11.245.070 Type I, administrative review process.
11.245.080 Type II, quasi-judicial review process.
11.245.090 Type III, legislative review process.
11.245.110 Notice of decision.
11.245.120 Reinitiation of hearings.
11.245.010 General provisions.
The following are the roles and responsibilities for each of the three review processes:
A. The administrator shall review and act on administrative actions and Type I (administrative) applications.
B. The planning commission shall review and make recommendations on Type II (quasi-judicial) and review and make recommendations on Type III (legislative) applications. The planning commission shall hold a public hearing on a Type II (quasi-judicial) prior to a decision being made by the city council. Only one public hearing shall be held on a Type II (quasi-judicial) application.
C. The city council shall act on Type II (quasi-judicial) matters after review and recommendation from the planning commission. The city council shall act on Type III (legislative) applications after review and recommendation by the planning commission. In addition, the city council shall review and act on appeals of Type I (administrative). (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.031, 2001).
11.245.020 Pre-application.
Applicants for all development permits are encouraged to contact the administrator prior to submitting an application to discuss the nature of the proposed development, applicable development standards, design alternatives, required permits and the review process. The administrator will arrange to have representatives of other agencies and departments with review authority attend the pre-application conference. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.032, 2001).
11.245.030 Application and fee.
Any person, firm, or corporation may make application. A completed application with applicable submittal materials and fees as established by resolution of the city council shall be submitted to the administrator. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.033, 2001).
11.245.040 Review for completeness.
A. Within 28 days of receiving a date-stamped application, the city shall review the application for completeness, and provide the applicant with a written determination that the application is complete or incomplete. If the application is found to be incomplete, the city shall identify the specific information or requirements that must be provided to constitute a complete application.
B. An application is complete if it includes the following:
1. A completed original application form signed by the owner(s) of the property subject to the application or by a representative authorized to do so by written instrument executed by the owner(s) and filed with the application;
2. Information necessary to demonstrate compliance with the standards specified in the applicable section(s) of this title;
3. A completed SEPA checklist, including all back-up materials, or, in the case that the project is exempt, a statement explaining why the project should be considered exempt under WAC 197-11-800;
4. Suggested findings of fact supporting the proposed project and relating to each required finding in this title;
5. Payment in full of all applicable fee(s) adopted by the city council. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.034, 2001).
11.245.050 Technical review.
The administrator shall review the development application for compliance with the provisions of this title and the Ritzville Comprehensive Plan, and other applicable city regulations, and the State Environmental Policy Act (SEPA). The administrator may seek the input and advice of other city departments and other state and federal agencies in performing this review. The administrator shall make a threshold determination pursuant to SEPA. In addition, the administrator may require such additional information as reasonably necessary to fully and properly evaluate the proposal. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.035, 2001).
11.245.060 Notice of application.
Within 14 days after making a determination that an application is technically complete, the administrator shall publish a notice of application for all Type II and Type III projects and those Type I projects that are determined to require review under SEPA, in accordance with the requirements of Chapter 11.250 RCC. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.036, 2001).
11.245.070 Type I, administrative review process.
A. The administrator may approve, approve with conditions, or deny Type I applications, subject to the notice and appeal requirements of this section.
B. Within 14 days, a notice of decision must be published in accordance with RCC 11.250.040. Preliminary approvals under this section shall become final if no appeal is submitted within 14 days of publication of the notice of decision. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.037, 2001).
11.245.080 Type II, quasi-judicial review process.
A. A Type II, quasi-judicial review shall require an open record public hearing before the planning commission.
B. The administrator shall prepare a staff report on the proposed development or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the development’s consistency with the requirements of this title, the Ritzville Comprehensive Plan, and other applicable city regulations. The recommendation shall include findings, conclusions and proposed recommendations for the disposition of the development application.
C. The administrator shall schedule a public hearing before the planning commission as soon as possible after a determination is made that a completed application requires a Type II review. If possible, the date, time and location of the public hearing shall be included in the notice of application. If the public hearing date is not established at the time of the notice of application, a separate notice, in accordance with Chapter 11.250 RCC, shall be provided.
D. At the time and in the place appointed, the planning commission shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable plans and regulations.
E. The planning commission or the city council may grant approval, approval with conditions, or may deny the project based on the testimony received and the findings made. Approvals under this section shall become final 10 days after publication of the notice of decision, unless an appeal is filed with the Adams County superior court. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.038, 2001).
11.245.090 Type III, legislative review process.
A. A Type III, legislative, review shall require a review and recommendation from the planning commission and a review including a public hearing before the city council.
B. The administrator shall prepare a report and recommendation on the proposed amendment or action summarizing the comments and recommendations of city departments, affected agencies and special districts, and evaluating the amendment’s consistency with the requirements of this title, the Ritzville Comprehensive Plan, other applicable city regulations, and applicable state and federal laws and regulations. The staff report shall include findings, conclusions and proposed recommendations for the disposition of the development application.
C. The administrator shall schedule a public hearing before the city council as soon as possible after a determination is made that a completed application requires legislative review. Notice of the time and place of the hearing shall be published in the notice of application, in accordance with RCC 11.250.020. A separate notice of public hearing shall be provided if the hearing date is not known at the time of the notice of application.
D. At the time and in the place appointed, the city council shall conduct a public hearing for the purpose of taking testimony, hearing evidence, considering the facts germane to the proposal, and evaluating the proposal for consistency with the requirements of this title and other applicable laws, plans and regulations.
E. Whenever a proposed amendment to this title or other ordinance implementing the comprehensive plan, or an amendment to the comprehensive plan is considered by the planning commission, the commission shall prepare findings of fact supporting its action and transmit such findings to the city council with its recommendation for action.
F. A recommendation to the council shall be by the affirmative vote of not less than a majority of the total members of the commission. The approval shall be by a recorded vote, which shall incorporate the findings of fact and reasoning, and shall refer specifically to what is being amended.
G. Upon receipt of a resolution by the planning commission with a recommendation of an ordinance, amendment to an existing ordinance, or an amendment to the comprehensive plan, the council shall conduct a public hearing for the purpose of taking testimony and hearing evidence on the proposal. The council’s decision shall be based on the record established at the hearing and the facts described in the planning commission recommendation.
1. Whenever the council makes a determination to modify or reject the planning commission findings of fact or recommendations, it shall adopt its own findings of fact and statement setting forth the factors considered and its own analysis of findings considered by it to be controlling.
2. In the event of initiation of an amendment by the council, it shall refer the proposed amendment to the planning commission for consideration and recommendation prior to taking action. Only one public hearing (before the city council) shall be held prior to council action.
3. The council, before adoption, modification, or rejection of an amendment to this title, a zone change or a plan amendment, shall make findings of fact representing the official determination of the council and specifying the basis for the decision.
H. Action by the city council regarding the initial adoption of any official land use controls or ordinances, any subsequent amendment to official controls or any subsequent amendment to the comprehensive plan, shall be final and conclusive, unless within 21 days from the date of publication of the notice of decision, the original applicant or a party adversely affected by the decision makes proper application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, a writ of mandamus, or other action as may be provided and allowed by law to review the action of the city council. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.039, 2001).
11.245.100 Final decision.
A. The review authority shall approve or deny a development proposal within the following timeframes from the date of the letter of completeness:
1. One hundred twenty days for development applications, such as conditional use permit, variances, site plan review;
2. One hundred days for preliminary subdivision plats;
3. Thirty days for short plats;
4. For development applications not identified in this section or subsection (B) of this section, the 120-day time frame shall apply.
B. Exceptions to this include:
1. Amendments to the comprehensive plan or development code;
2. Any time required correcting plans, performing studies or providing additional information; provided, that within 14 days of receiving the requested additional information, the administrator shall determine whether the information is adequate to resume the project review;
3. Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the city determines the revised application to be complete;
4. All time required for the preparation and review of an environmental impact statement, if required under SEPA;
5. Projects involving the siting of an essential public facility;
6. An extension of time mutually agreed upon by the city and the applicant;
7. Any remand to the hearing body;
8. All time required for an appeal of a determination of significance. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.040, 2001).
11.245.110 Notice of decision.
A. After a decision is made by the review authority, the administrator shall prepare a notice of decision that contains the following:
1. A description of the project or requested action and the location of the property;
2. A statement of any SEPA threshold determination;
3. A statement of the action taken by the review authority;
4. A statement that the action is final unless an appeal is submitted within the appeal period set by this title. The final appeal date shall be provided;
5. A statement describing the procedure for an appeal;
6. A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.
B. The notice of decision shall be distributed as follows:
1. Publication of the notice in the official city newspaper of general circulation;
2. Mailing of the notice to the applicant or applicant’s representative and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted comments on the application;
3. Mailing of the notice to the county assessor’s office. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.041, 2001).
11.245.120 Reinitiation of hearings.
No person, except the planning commission or city council, shall reapply or reinitiate a petition for a zone change or conditional use for which a public hearing was held, and said request was denied or withdrawn, within a period of time less than one year after action by the city council. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.06.042, 2001).