Chapter 20.08
PROCEDURES FOR ADMINISTRATION OF DEVELOPMENT REGULATIONS
Sections:
20.08.010 Authority and purpose.
20.08.030 Legislative actions not restricted.
20.08.050 Classes of permits—Assignment of class.
20.08.060 Pre-application conference.
20.08.070 Optional consolidated permit processing.
20.08.080 Project permit application.
20.08.090 Determination of completeness.
20.08.100 Notice of application.
20.08.110 Determination of consistency.
20.08.120 Public hearing procedures.
20.08.130 Report of decision—Content—Distribution.
20.08.140 Report of decision—Timing.
20.08.150 Administrative appeals.
20.08.170 Administrative interpretation.
20.08.180 Suggested amendments.
20.08.190 Development in proximity to natural resource lands—Notice required.
20.08.010 Authority and purpose.
The city adopts the ordinance codified in this chapter pursuant to the provisions of Chapter 36.70B RCW. (Ord. 1176 § 1 (part), 1996)
20.08.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
Administrator: The mayor of the city of Sumas or his/her designee.
“Closed record appeal” means an appeal to the Sumas city council (“council”) on the existing record following an open record hearing on the project permit application where only appeal argument is allowed.
“Development regulations” means all rules, regulations and provisions encompassed and included within the Sumas Municipal Code (SMC) relating to controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances, official controls, plan unit development ordinances, subdivision ordinances and binding site plan ordinances.
“Neighboring property” means any land adjacent to:
(1) The owner’s real property in question covered by the project permit or project application (“permit property”); or
(2) Additional property owned by the owner of the permit property which is adjacent to the permit property.
A neighboring property owner is the equivalent to an adjacent land owner as defined under RCW 58.17.090(1)(b).
“Notice of application” means as described and defined in accordance with RCW 36.70B.110.
“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the city to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under the procedures described within this chapter.
“Party of records” means:
(1) The applicant for the project permit at issue;
(2) The owners of the property at issue;
(3) Any person who testified or submitted written information at an open record hearing held on the application at issue, excluding persons who only signed petitions or mechanically produced form letters; or
(4) Any person who submitted written comments concerning the application at issue during a comment period provided pursuant to this chapter, excluding persons who only signed petitions or mechanically produced form letters.
“Planned action” means one or more types of project action that:
(1) Are designated planned actions by an ordinance or resolution adopted by the city;
(2) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:
(A) A comprehensive plan adopted under Chapter 36.70A RCW, or
(B) A phased project;
(3) Are subsequent or implementing projects for a phased project;
(4) Are located within an urban growth area, as defined in RCW 36.70A.030;
(5) Are not essential public facilities, as defined in RCW 36.70A.200; and
(6) Are consistent with the city comprehensive plan adopted under Chapter 36.70A RCW.
“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, conditional uses, variances, shoreline substantial development permits, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan, but excluding the adoption or amendment of a comprehensive plan or development regulations except as otherwise specifically included in this subsection.
“Public meeting” means as defined under RCW 36.70B.020, which is adopted in this chapter. (Ord. 1176 § 1 (part), 1996)
20.08.030 Legislative actions not restricted.
Nothing in this chapter shall limit the authority of the city council to take legislative actions. The following actions are legislative and are not subject to the procedures in this chapter, unless otherwise specified:
(1) Zoning code text amendments;
(2) Adoption of and amendment of development regulations;
(3) Area-wide rezones to implement new city policies;
(4) Annexations;
(5) Adoption of and amendment of the comprehensive plan; and
(6) Any nonproject action categorically exempt from SEPA regulations. (Ord. 1176 § 1 (part), 1996)
20.08.040 Excluded actions.
The following permits or approvals are specifically excluded from the procedures set forth in this chapter:
(1) Landmark designations;
(2) Street vacations; and
(3) Approvals relating to the use of public areas or facilities. (Ord. 1176 § 1 (part), 1996)
20.08.050 Classes of permits—Assignment of class.
For the purpose of project permit processing, all permit applications shall be classified as one of the following: Class I, Class II, Class III, Class IV or Class V. The administrator shall determine the classification applicable to a given permit application based upon the classifications established within this section. If there is a question as to the appropriate classification, the administrator shall assign the higher procedure classification number.
(1) Class I. Administrative permits or approvals categorically exempt from environmental review under RCW 43.21C and not requiring public notice, including, but not limited to, lot/boundary line adjustments, single-family resident building and/or construction permits accessory thereto and actions for which SEPA review has been completed in connection with other project permits that were subject to this chapter.
(2) Class II. All actions that may require environmental review but that do not require public hearings except for purposes of appeal of the administrative decision, including, but not limited to, short subdivisions, land clearing or grading permits and revisions of shoreline management permits.
(3) Class III. All actions that require environmental review and a public hearing prior to the issuance of the permit or approval, including, but not limited to, preliminary plats, plat vacation or alterations, binding site plan, conditional use permits, site-specific rezones, zoning variances, shoreline substantial development permits, shoreline conditional use permits, shoreline variances and similar actions.
(4) Class IV. Final plat.
(5) Class V. The comprehensive plan amendments, development regulation changes, additions and amendments, zoning text amendments, subdivision planning text amendments and annexations. (Ord. 1176 § 1 (part), 1996)
20.08.060 Pre-application conference.
(a) Applicants for all classes of actions, with the exception of Class I actions involving structures less than five thousand square feet, shall request and attend a pre-application conference. The purpose of the conference is to discuss the nature of the proposed development, application and permit requirements, fees, review process and schedule, and applicable plans, policies, and regulations.
(b) The discussions at a conference shall not bind or prohibit the city’s future application or enforcement of all applicable law. (Ord. 1176 § 1 (part), 1996)
20.08.070 Optional consolidated permit processing.
A project that requires two or more permits or classes of permits may be processed as a consolidated permit application. A consolidated application shall be assigned a classification equivalent to the highest-numbered of the classifications of the individual permits. The applicant may choose whether the permits shall be processed as a consolidated permit application or as a series of individually processed applications. If the permits are processed individually, the permits shall be processed in descending order of classification (i.e., the higher-classification permits prior to the lower-classification). (Ord. 1176 § 1 (part), 1996)
20.08.080 Project permit application.
(a) Applications for project permits shall be submitted upon forms provided by the administrator. An application shall contain all materials required by the applicable development regulations. The administrator may require such additional information as reasonably necessary to fully evaluate the proposed project.
(b) An application shall contain 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; and the applicant’s declaration that the project permit application contains no known misrepresentations of fact or proposed action or design that, if completed, would result in a structure, improvement, lot or condition in violation of city law.
(c) The application shall contain a designation by the applicant of a single person or entity to receive determinations and notices required by this chapter.
(d) Applications for Class II or III actions shall include self-adhesive address labels, preaddressed to the latest recorded real property owners of all neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor. (Ord. 1176 § 1 (part), 1996)
20.08.090 Determination of completeness.
(a) Within twenty-eight days after receiving a project permit application, the city shall mail, personally serve or provide in person its written determination to the applicant stating either:
(1) That the application is complete; or
(2) That the application is incomplete and what is necessary to make the application complete.
(b) The determination issued pursuant to this section shall identify, to the extent known by the city, other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application.
(c) A project permit application is complete for purposes of this section when it meets the submission requirements identified in Section 20.08.080 and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination issued pursuant to this section shall not preclude the city from requesting additional information or studies either at the time of issuance or subsequently if new information is required or substantial changes in the proposed action occur.
(d) An 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)(2) of this section.
(e) If the applicant receives a written determination that an application is incomplete as provided in subsection (a)(2) of this section, the applicant shall have ninety days following receipt of the determination to submit the necessary information to the city. If the applicant fails to submit in writing the required additional information to the city within a ninety-day period, the application shall automatically lapse.
(f) Within fourteen days after an applicant has submitted to the city the additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary. If additional information is again requested, the applicant must, within the remaining part of the ninety day period, resubmit the application with the additional information necessary to complete the application. Notwithstanding the foregoing right to fourteen-day extensions based on an incomplete application, if the applicant fails to submit a complete application within the ninety-day period as set forth in subsection (e) of this section the application shall automatically lapse. (Ord. 1176 § 1 (part), 1996)
20.08.100 Notice of application.
(a) For all Class/ II and Class III applications, the administrator shall prepare and provide a notice of application, as defined hereinabove, for the public and the governmental departments and agencies affected by said application as provided in RCW 36.70B.110. If a declaration or determination of significance under Chapter 43.21C RCW has been made, the notice of application shall be combined with said determination of significance and scoping notice, if the determination of significance and/or scoping notice has not previously been issued.
(b) The notice of application shall be provided within fourteen days after issuance of a determination of completeness pursuant to Section 20.08.090 of this chapter.
(c) The date of the notice of application shall coincide with the date of publication of the notice as provided in subsection (f) of this section.
(d) For all Class III applications, the notice of application shall be provided at least fifteen days prior to the open record hearing.
(e) The notice of application shall include the following information:
(1) The date of the application, the date of issue of the determination of completeness, and the date of the notice of application;
(2) A description of the proposed project action, a list of the project permits included in the application, and, if applicable, a list of any studies requested under Sections 20.08.090 or 20.08.130 of this chapter;
(3) The identification of other permits not included in the application (to the extent known by the city) that the applicant filed in connection with the project or will be required to obtain;
(4) The identification of existing studies and/or environmental documents that evaluate the proposed project and the location where the application, said studies and environmental documents can be reviewed;
(5) A statement of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application;
(6) A statement of the time for and right of any person to comment on the application, receive notice of any hearings, submit oral or written comments at any hearings, and request a copy of the decision once made;
(7) A statement of any appeal rights and limitations;
(8) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of application; and
(9) Any other information related to the application which the city deems appropriate.
(f) The administrator shall publish a summary of the notice of application in the newspaper of legal record and general circulation within the Sumas area and said summary to include at least:
(1) The project location;
(2) A brief description of the project;
(3) The permit(s) required;
(4) The date of the public comment period; and
(5) The location where the complete application may be reviewed.
(g) On or before the date of publication under subsection (f) of this section, the administrator shall mail the notice of application to:
(1) Other agencies with jurisdiction, to the extent such agencies are related to or affected by the project;
(2) The latest recorded real property owners of the neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor; and
(3) Persons requesting notice in writing.
(h) Except for a determination of significance, the city shall not issue a threshold determination under Chapter 43.21C RCW or issue a decision or a recommendation on a project permit until the expiration of the public comment period identified in the notice of application. (Ord. 1176 § 1 (part), 1996)
20.08.110 Determination of consistency.
(a) Fundamental land use planning choices made in adopted comprehensive plans and adopted development regulations shall serve as the foundation for review of project permit applications. During project review, the city shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, the comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of:
(1) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as conditional uses, if the criteria for their approval have been satisfied;
(2) Density of residential development, as measured in units per acre or other measures of density;
(3) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW.
(b) During project review, the city shall not reexamine alternatives to or hear appeals on the factors identified in subsection (a) of this section, except for issues of code interpretation.
(c) A project’s consistency with development regulations or, in the absence of.applicable development regulations, the comprehensive plan shall be determined by consideration of the factors identified in subsection (a) of this section and by consideration of the character of the development with reference to any adopted development standards.
(d) Pursuant to RCW 43.21C.240, the city may deter mine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of a project’s specific adverse environmental impacts to which the requirements apply.
(e) Nothing in this section limits the authority of the city to approve, condition, or deny a project as provided in its development regulations and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, or other measures to mitigate a proposal’s probable adverse environmental impacts, if applicable.
(f) Nothing in this section requires documentation of or dictates the city’s procedures for considering consistency or limits the city from asking more specific or related questions with respect to any of the factors identified in subsection (c) of this section. (Ord. 1176 § 1 (part), 1996)
20.08.120 Public hearing procedures.
(a) The city shall hold no more than one open record hearing in relation to a given project permit application, including a consolidated permit application.
(b) A predecision open record hearing pertaining to a project permit application shall not occur prior to fifteen days after issuance of any threshold determination under Chapter 43.21C RCW related to the given application.
(c) The city may combine a hearing on a project permit with a hearing that may be held by another local, state, regional, federal or other agency; provided, that the joint hearing is held within the geographic boundary of the city. The applicant may request that hearings be combined as long as the joint hearing can be held within the time periods specified in Section 20.08.140 of this chapter. In the alternative, the applicant may agree to a different schedule in the event that additional time is needed in order to combine the hearings.
(d) At least ten days prior to a public hearing, the administrator shall:
(1) Publish notice of the hearing in the newspaper of legal record; and
(2) Mail notice of the hearing to the latest recorded real property owners of neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor.
(e) Notices of public hearings under subsection (d) of this section shall include:
(1) A brief description of the project;
(2) The project location;
(3) The permit(s) required;
(4) The time, date, and place of the hearing;
(5) The location where further information be obtained; and
(6) A statement of the right of any person to submit oral or written comments at the hearing.
(f) Public hearings shall be conducted in accordance with the following procedures:
(1) The hearing body shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), the open public meetings act (Chapter 42.30 RCW), and the appearance of fairness doctrine (Chapter 42.36 RCW) as the same now exist or may hereafter be amended.
(2) The applicant bears the burden of proof and must demonstrate that the application conforms to the applicable elements of the city’s development regulations and comprehensive plan and that any significant adverse environmental impacts have been adequately addressed.
(3) The chair shall open the public hearing and, in general, observe the following sequence of events:
(A) Determination of disqualification(s) of members of the hearing body. A member of the hearing body who is disqualified shall be counted for purposes of forming a quorum. A disqualified member shall make full disclosure to the audience, physically leave the hearing chamber, and abstain from voting on the proposal.
(B) Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
(C) Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.
(D) Testimony or comments by the public germane to the matter. Questions from the public directed to the staff or the applicant shall be posed by the chair at its discretion.
(E) Rebuttal, response or clarifying statements by the applicant and the staff. (Ord. 1176 § 1 (part), 1996)
20.08.130 Report of decision—Content—Distribution.
(a) For all permit applications involving only Class I and Class II actions, the administrator shall provide a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state any mitigation required under the development regulations or under the city’s authority under RCW 43.21C.060. For Class II applications, the report shall include or append a threshold determination under Chapter 43.21C RCW, if a threshold determination has not been previously issued. The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the publication of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit as described in Section 20.08.140.
(b) For all permit applications involving a Class III action, the city council shall adopt a single report stating the decision(s) on the permit(s). The report shall serve as the permit(s). The report shall state applicable findings of fact and conclusions of law. The report shall state any mitigation required under the development regulations or under the city’s authority under RCW 43.21C.060. The report shall describe applicable deadlines for and methods of appeal. The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision or submitted substantive comments on the application. The report shall be issued within the time limit described in Section 20.08.140.
(c) For all permit applications involving Class II or Class III actions, the city shall publish a summary of the report of decision in the newspaper of legal record. (Ord. 1176 § 1 (part), 1996)
20.08.140 Report of decision—Timing.
(a) Except as otherwise provided in subsection (b) of this section or under RCW 58.17.140, the city shall issue a notice of final decision on a project permit application within one hundred twenty days after the city notifies the applicant that the application is complete, as provided in Section 20.08.090 of this chapter. In determining the number of days that have elapsed after the city has notified the applicant that the application is complete, the following periods shall be excluded:
(1) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if the applicant and the city in writing agree to a time period for completion of an environmental impact statement.
(2) Any period for administrative appeals of project permits, as provided in Section 20.08.150 of this chapter.
(3) Any extension of time mutually agreed upon by the applicant and the local government.
(4) (A) Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government.
(B) If the city determines that the information submitted by the applicant under subsection (a)(4)(A) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (a)(4)(A) of this section shall apply as if a new request for studies has been made.
(b) The time limits established by subsection (a) of this section do not apply if a project permit application:
(1) Requires an amendment to the comprehensive plan or a development regulation;
(2) Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;
(3) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under Section 20.08.090 of this chapter; or
(4) Is a plat covered by RCW 58.17.140.
(c) If the city is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (Ord. 1176 § 1 (part), 1996)
20.08.150 Administrative appeals.
(a) All administrative interpretations under Section 20.08.170 of this chapter and all administrative decisions regarding all Class I through V permits or actions may be appealed to the city council by parties of record.
(b) An appeal must be filed with the administrator within ten days after the date of the issuance of the oral or written decision or interpretation being appealed. The filing shall contain a concise statement identifying:
(1) The decision or interpretation being appealed.
(2) The name and address of the appellant and his interest(s) in the matter.
(3) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong.
(4) The desired outcome or changes to the decision.
(c) Upon filing an appeal, an appellant shall pay a fee as specified in Chapter 20.108 and shall provide self-adhesive address labels preaddressed to the latest recorded real property owners of neighboring property (as defined in Section 20.08.020), as shown by the records of the county assessor.
(d) All appeals related to a given project permit application shall be considered by the city council in a consolidated open record public hearing conducted in accordance with the procedures outlined in Section 20.08.120 of this chapter.
(e) Within ninety days of the filing of an appeal under this section, the city council shall adopt a single report stating the decision(s) on the appeal(s). The report shall be provided to the applicant and to any person who, prior to the adoption of the report, requested notice of the decision. The ninety-day time period may be extended upon mutual agreement of all parties to the appeal. (Ord. 1176 § 1 (part), 1996)
20.08.160 Judicial appeals.
The procedure for judicial appeals shall be in accordance with the procedures as provided under the Land Use Petition Act, Chapter 36.70C RCW, as it now exists or as hereinafter amended. (Ord. 1176 § 1 (part), 1996)
20.08.170 Administrative interpretation.
Any project permit applicant, Sumas resident or owner of all or any portion of real properly lying within the Sumas city limits, may request an interpretation of the meaning or application of the provisions of the city’s development regulations applicable to project permit applications. A request shall be written and shall concisely identify the issue and desired interpretation. The administrator shall provide a written administrative interpretation within thirty days of receipt of the request. (Ord. 1176 § 1 (part), 1996)
20.08.180 Suggested amendments.
Any person, including applicants, citizens, council members, city staff, and staff of other agencies, may suggest an amendment to the comprehensive plan or to a city development regulation. Suggested amendments shall be submitted to the administrator in writing. The administrator shall compile and maintain a list of suggested changes and shall ensure that the accumulated suggestions are considered by the city council once each calendar year, consistent with the provision of RCW 36.70A.130. Following consideration of the compiled list of suggested amendments, the city council shall pass a motion identifying those suggested amendments to be formally docketed for review during the annual amendment process. Only those amendments that are docketed shall be moved forward in the process, and those suggested amendments not docketed shall be removed from the list of suggested amendments unless the city council directs the administrator to keep a specific suggested amendment on the list until the following year. Application fees paid in conjunction with suggested amendments that are not docketed and are removed from the list shall be refunded to the applicant. The list of suggested changes shall at all times be available for review by the public. (Ord. 1686 § 1, 2016: Ord. 1176 § 1 (part), 1996)
20.08.190 Development in proximity to natural resource lands—Notice required.
(a) Natural resource lands include agricultural resource lands, forest resource lands and mineral resource lands. No lands within the city of Sumas or the Sumas urban growth area have been designated for protection as natural resource lands of long-term commercial significance.
(b) The following notification requirements shall apply to all development on properties located in proximity to county-designated natural resource lands of long-term commercial significance:
(1) The city shall notify Whatcom County of any Class II or Class III development proposal on lands within three hundred feet of county-designated natural resource lands lying outside the city and the designated urban growth area. Such notification shall be provided to Whatcom County planning and development services department as part of the notice of application process required by Section 20.08.100.
(2) The city shall require all residential subdivisions, including both long and short subdivisions, within five hundred feet of county-designated natural resource lands to record with the Whatcom County auditor’s office a notification on all recorded documents that portions of the development area may be located in proximity to natural resource lands where activities associated with agriculture, forestry or mineral extraction may occur and may reasonably be expected to occur that, at certain times, may be incompatible with residential development due to noise, odor, dust or other impact. All such notifications addressing mineral resource lands shall also indicate that mining-related activities may include mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.
(3) The city shall also include the above notice language on all building permits and development permits issued for properties within five hundred feet of county-designated natural resource lands. (Ord. 1609 § 1, 2012)