Title 15 ENVIRONMENT
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).
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