Chapter 15.10 PROJECT PERMIT REVIEW

15.10.010 Definitions.

15.10.020 Review of project permit applications--Objectives.

15.10.030 Integrated and consolidated project permit process--Required elements.

15.10.040 Project permit applications--Completeness determination--Notice to applicant.

15.10.050 Notice of final decision--Time limits--Exceptions.

15.10.060 Designation of person or entity to receive determinations and notices.

15.10.070 Notice of application--Required elements--Integration with other review procedures--Administrative appeals.

15.10.080 Notice of decision--Distribution.

15.10.090 Project permits that may be excluded from review.

15.10.100 Interpretation.

15.10.010 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply through this chapter.
“Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the city council to conduct such hearings, that creates the record through testimony and submission of evidence and information, under procedures prescribed by ordinance or resolution. An open record hearing may be held prior to a decision on a project permit to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.
“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, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances and site-specific rezones authorized by a comprehensive plan.
“Public meeting” means an informal meeting, hearing, workshop or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, a planning commission meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the project permit application file. (Ord. 1031 § 1 (part), 1999).

15.10.020 Review of project permit applications--Objectives.

Project permit applications shall be reviewed to achieve the following objectives:
A. Combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and
B. Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal. (Ord. 1031 § 1 (part), 1999).

15.10.030 Integrated and consolidated project permit process--Required elements.

In addition to the elements required by Section 15.10.020, the process shall include the following elements:
A. A determination of completeness to the applicant as required by Section 15.10.040;
B. A notice of application to the public and agencies with jurisdiction as required by Section 15.10.070;
C. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing;
D. Provision allowing for any public meeting or required open record hearing to be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal or other agency;
E. A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency’s authority under RCW 43.21C.060. The report may be the permit. If a threshold determination other than a determination of significance has not been issued previously, the report shall include or append this determination;
F. Except for the appeal of a determination of significance as provided in RCW 43.21C.075, where an appeal of a threshold determination or project permit decision is provided, there shall be no more than one consolidated open record hearing on such appeal. If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer;
G. A notice of decision as required by Section 15.10.080 and issued within the time period provided in Section 15.10.050;
H. Completion of project review by the city, including environmental review and public review and any appeals to the city, within any applicable time periods under Section 15.10.050. (Ord. 1031 § 1 (part), 1999).

15.10.040 Project permit applications--Completeness determination--Notice to applicant.

A. Within twenty-eight days after receiving a project permit application, the city shall mail or provide in person a 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.
To the extent known by the city, it shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application.
B. A project permit application is complete for purposes of this section when it meets the procedural submission requirements of the city and is sufficient for continued processing, even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
C. The determination of completeness may include the following as optional information:
1. A preliminary determination of those development regulations that will be used for project mitigation;
2. A preliminary determination of consistency, as provided under RCW 36.70B.040; or
3. Other information the city chooses to include.
D. 1. 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.
2. Within fourteen days after an applicant has submitted to the city additional information identified as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary. (Ord. 1031 § 1 (part), 1999).

15.10.050 Notice of final decision--Time limits--Exceptions.

A. Except as otherwise provided in subsection (B) of this section, the city shall issue its 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. 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. a. Any period during which the applicant has been requested 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,
b. If the city determines that the information submitted by the applicant under (1)(a) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (1)(a) of this subsection shall apply as if a new request for studies had been made;
2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to RCW Chapter 43.21C. Time periods for completion of environmental impact statements shall be as provided by ordinance or if the city and the applicant in writing agree to a time period for completion of an environmental impact statement;
3. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The time period shall not exceed: (a) ninety days for an open record appeal hearing; and (b) sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and
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, zoning ordinance or a development regulation;
2. Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or
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.
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. 1031 § 1 (part), 1999).

15.10.060 Designation of person or entity to receive determinations and notices.

The applicant for a project permit shall designate a single person or entity to receive determinations and notices required by this chapter. (Ord. 1031 § 1 (part), 1999).

15.10.070 Notice of application--Required elements--Integration with other review procedures--Administrative appeals.

A. The city shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If the city has made a determination of significance under RCW chapter 43.21C concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.
B. The notice of application shall be provided within fourteen days after the determination of completeness is provided by Section 15.10.040 and include the following:
1. The date of application, the date of the notice of completion for the application and the date of the notice of application;
2. 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 Section 15.10.040(D)(2);
3. The identification of other permits not included in the application to the extent known;
4. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document provide the notice of application, the location where the application and any studies can be reviewed;
5. A statement of the public comment period, which shall not be less than fourteen nor more than thirty 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. Public comments may be accepted at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision of the project permit;
6. The date, time and place of any type of hearing, if applicable and scheduled at the date of notice of the application;
7. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and consistency.
C. If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing.
D. The city shall use reasonable methods to give notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. The methods provided for in subsections (D)(1) and (2) of this section shall be used:
1. Posting the property for site-specific proposals;
2. Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, in a newspaper of general circulation in the general area where the proposal is located;
3. Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
4. Notifying the news media;
5. Placing notices in appropriate regional or neighborhood newspapers or trade journals;
6. Publishing a notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and
7. Mailing to neighboring property owners.
E. A notice of application shall not be required for project permits that are categorically exempt under RCW Chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required.
F. The city shall integrate the permit procedures in this section with environmental review under RCW Chapter 43.21C RCW as follows:
1. Except for a determination of significance, it may not issue its threshold determination, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.
2. If an open record predecision hearing is required and the threshold determination requires public notice under RCW Chapter 43.21C, the city shall issue its threshold determination at least fifteen days prior to the open record predecision hearing.
3. Comments shall be as specific as possible.
G. The city may combine any hearing on a project permit with any hearing that may be held by another local, state, regional federal or other agency; provided that, the hearing is held within the geographic boundary of the city. Hearings shall be combined if requested by an applicant, as long as the joint hearing can be held with the time periods specified in Section 15.10.050 or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings.
H. If provided for, an administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is applicable. The city shall extend the appeal period for an additional seven days, if state or local rules adopted pursuant to RCW Chapter 43.21C allow public comment on a determination of nonsignificance issued as part of the appealable project decision.
I. The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal. (Ord. 1031 § 1 (part), 1999).

15.10.080 Notice of decision--Distribution.

The city shall provide a notice of decision that also includes a statement of any threshold determination made under RCW Chapter 43.21C and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The city shall provide for notice of its decision as provided in Section 15.10.070(D). (Ord. 1031 § 1 (part), 1999).

15.10.090 Project permits that may be excluded from review.

The following project permits are excluded from the provisions of Sections 15.10.030, 15.10.070 and 15.10.080: lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review under RCW Chapter 43.21C, or for which environmental review has been completed in connection with other project permits. (Ord. 1031 § 1 (part), 1999).

15.10.100 Interpretation.

This chapter shall be interpreted and applied to carry out the goals set forth herein and in RCW 36.70B. It shall be integrated with existing practices and laws and administered together with the same. Where conflicts exist, the provisions of this chapter shall control. (Ord. 1031 § 1 (part), 1999).