For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II, Type III, BOA, SEPA, Shoreline or Type IV.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011; Ord. No. 2691, § I(Exh. A), 1-21-2014)

A.

Determination by Director. The community development director or designee (hereinafter the "director") shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the determination shall be at the director's discretion.

B.

Optional Consolidated Permit Processing. An application that involves two or more project permits may be submitted concurrently and processed with no more than one open record hearing and one closed record appeal. If an applicant elects this process upon submittal and in writing, the determination of completeness, notice of application, and notice of decision or final decision shall include all project permits reviewed through the consolidated permit process.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2691, § I(Exh. A), 1-21-2014)

The following decision making process table provides guidelines for the city's review of the indicated permits:

Table 1 - Summary of decision making processes

Notes:

⁽¹⁾   For development proposals subsequently submitted as part of an approved master plan, subarea plan, or binding site plan.

⁽²⁾   Section 17.21.060 for final plat approval.

⁽³⁾   Section 18.23.130 for final master plan approval.

⁽⁴⁾   Planning commission hearing and city council decision.

⁽⁵⁾   Hearing and final decision by hearings examiner.

Permit Types.

A.

Type I Decisions. The community development director or designee shall render all Type I decisions. Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval standards. The process requires no public notice. The approval authority's decision is generally the final decision of the city. Type I decisions by the building division may be appealed to the board of adjustment.

B.

Type II Decisions. The community development director or designee shall render the initial decision on all Type II permit applications. Type II decisions involve the exercise of some interpretation and discretion in evaluating approval criteria. Applications evaluated through this process are assumed to be allowable in the underlying zone. City review typically focuses on what form the use will take, where it will be located in relation to other uses, natural features and resources, and how it will look. However, an application shall not be approved unless it is or can be made to be consistent, through conditions, with the applicable siting standards and in compliance with approval requirements. Upon receipt of a complete application the director determines completeness, issues a notice of application (consolidated review only), reviews and renders a notice of decision. The director's decision shall become final at the close of business on the fourteenth day after the date on the decision unless an appeal is filed. If an appeal is received the hearings examiner will review the decision based on the record and render the city's final decision.

C.

Type III Decisions. Type III decisions involve the greatest amount of discretion and/or evaluation of approval criteria. Applications evaluated through this process commonly involve conditional uses, subdivisions, and development within the city's light industrial/business park. Upon receipt of a complete application, notice of public hearing is mailed to the owners of record of the subject property, the applicant, and owners of real property within three hundred feet of the subject tract, based upon Clark County assessment records. The notice of public hearing is issued at least fourteen days prior to the hearing, and the staff report is generally made available five days prior to the hearing. If a SEPA threshold determination is required, the notice of hearing shall be made at least fifteen days prior to the hearing and indicate the threshold determination made, as well as the timeframe for filing an appeal. Type III hearings are subject to either a hearing and city final decision by the hearings examiner, or subject to a hearing and recommendation from the planning commission to the city council who, in a closed record meeting, makes the final city decision.

D.

Shoreline (SMP, Shore). The community development director acts as the "administrator." A shoreline management review committee reviews a proposal and either determines to issue a permit, or forward the application to the planning commission or hearings examiner, as appropriate. Shoreline regulations are found at Section 18.55.330 and the Camas Shoreline Master Program (2012, or as amended).

E.

SEPA (State Environmental Policy Act). When the City of Camas is the lead agency, the community development director shall be the responsible official. The procedures for SEPA are generally provided for under Title 16 of this code, as well as Sections 18.55.110 and 18.55.165 of this chapter.

F.

Board of adjustment decisions are the final decision of the city, except as provided in Section 18.45.020 Approval process of this title.

G.

Type IV Decisions. Type IV decisions are legislative actions which involve the adoption or amendment of the city's land use regulations, comprehensive plan, map inventories, and other policy documents that affect the entire city, large areas, or multiple properties. These applications involve the greatest amount of discretion and evaluation of subjective approval criteria, and must be referred by majority vote of the entire planning commission onto the city council for final action prior to adoption by the city. The city council's decision is the city's final decision.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011; Ord. No. 2691, § I(Exh. A), 1-21-2014; Ord. No. 19-001, § I(Att. A), 1-22-2019; Ord. No. 21-005, § I(Exh. A), 3-15-2021)

Except as otherwise provided, Type I, II, III, or BOA applications may only be initiated by written consent of the owner(s) of record or contract purchaser(s). Legislative actions may be initiated at the request of citizens, the city council, planning commission, or department director or division manager.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

Prior to submitting an application for a Type II or Type III application, the applicant shall schedule and attend a preapplication conference with city staff to discuss the proposal. The preapplication conference shall follow the procedure set forth by the director.

B.

To schedule a preapplication conference the applicant shall contact the planning department. The purpose of the preapplication conference is for the applicant to provide a summary of the applicant's development proposal to staff and in return, for staff to provide feedback to an applicant on likely impacts, limitations, requirements, approval standards, fees, and other information that may affect the proposal. The director may provide the applicant with a written summary of the preapplication conference within ten days after the preapplication conference.

C.

Notwithstanding any representations by city staff at a pre-application conference, staff is not authorized to waive any requirements of the city code. Any omission or failure by staff to recite to an applicant all relevant applicable code requirements shall not constitute a waiver by the city of any standard or requirement.

D.

A preapplication conference shall be valid for a period of one hundred eighty days from the date it is held. If no application is filed within one hundred eighty days of the conference or meeting the applicant must schedule and attend another conference before the city will accept a permit application. Any changes to the code or other applicable laws which take effect between the preapplication conference and submittal of an application shall be applicable.

E.

The director may waive the preapplication requirements if, in the director's opinion, the development does not warrant these steps.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

All Type II, or Type III applications must be submitted at the planning department office on the most current forms provided by the city, along with the appropriate fee and all necessary supporting documentation and information sufficient to demonstrate compliance with all applicable approval criteria. The applicant has the burden of demonstrating, with evidence, that all applicable approval criteria are or can be met.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

Type II or Type III applications include all the materials listed in this subsection. The director may waive the submission of any of these materials if not deemed to be applicable to the specific review sought. Likewise, the director may require additional information beyond that listed in this subsection or elsewhere in the city code, such as a traffic study or other report prepared by an appropriate expert where needed to address relevant approval criteria. In any event, the applicant is responsible for the completeness and accuracy of the application and all of the supporting documentation. Unless specifically waived by the director, the following must be submitted at the time of application:

A.

A copy of a completed city application form(s) and required fee(s);

B.

A complete list of the permit approvals sought by the applicant;

C.

A current (within thirty days prior to application) mailing list and mailing labels of owners of real property within three hundred feet of the subject parcel, certified as based on the records of Clark County assessor;

D.

A complete and detailed narrative description that describes the proposed development, existing site conditions, existing buildings, public facilities and services, and other natural features. The narrative shall also explain how the criteria are or can be met, and address any other information indicated by staff at the preapplication conference as being required;

E.

Necessary drawings in the quantity specified by the director;

F.

Copy of the preapplication meeting notes (Type II and Type III);

G.

SEPA checklist, if required;

H.

Signage for Type III applications and short subdivisions: Prior to an application being deemed complete and Type III applications are scheduled for public bearing, the applicant shall post one four-foot by eight-foot sign per road frontage, unless a different size (not to be less than six square feet) is approved by the director. The sign shall be attached to the ground with a minimum of two four-inch by four-inch posts or better. The development sign shall remain posted and in reasonable condition until a final decision of the city is issued, and then shall be removed by the applicant within fourteen days of the notice of decision by the city. The sign shall be clearly visible from adjoining rights-of-way and generally include the following:

1.

Description of proposal,

2.

Types of permit applications on file and being considered by the City of Camas,

3.

Site plan,

4.

Name and phone number of applicant, and City of Camas contact for additional information,

5.

If a Type III application, then a statement that a public hearing is required and scheduled. Adequate space shall be provided for the date and location of the hearing to be added upon scheduling by the city.

I.

A copy of a full title report.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011; Ord. No. 21-005, § I(Exh. A), 3-15-2021; Ord. No. 22-007 meeting, § I, 5-16-2022)

A.

Upon submission of a Type II, Type III, or SMP application, the director should date stamp the application form, and verify that the appropriate application fee has been submitted. The director will then review the application and evaluate whether the application is complete. Within twenty-eight days of receipt of the application, the director shall complete this initial review and issue a letter to the applicant indicating whether or not the application is complete. If not complete, the director shall advise the applicant what information must be submitted to make the application complete.

B.

If the director does not issue a letter of completeness or incompleteness within twenty-eight days, the application will be presumed complete on the twenty-eighth day after submittal.

C.

Upon receipt of a letter indicating the application is incomplete, the applicant has one hundred eighty days from the original application submittal date within which to submit the missing information or the application shall be rejected and all materials returned to the applicant. If the applicant submits the requested information within the one hundred eighty day period, the director shall again verify whether the application, as augmented, is complete. Each such review and verification should generally be completed within fourteen days.

D.

Once the director determines the application is complete, or the applicant refuses in writing to submit any additional information, the city shall declare the application complete and generally take final action on the application within one hundred twenty days of the date of the completeness letter. The timeframe for a final decision may vary due to requests by the city to correct plans, perform required studies, provide additional required information, extensions of time agreed to by the applicant and the city, or delays related to simultaneous processing of shoreline or SEPA reviews.

E.

The approval criteria and standards which control the city's review and decision on a complete application are those which were in effect on the date the application was first submitted, or as prescribed by a development agreement.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2691, § I(Exh. A), 1-21-2014)

A.

Any land use application type described in Camas Municipal Code Section 18.55.130(D) that has been inactive, and a decision has not been made, shall become null and void one hundred twenty days after a certified notice is mailed to the applicant and property owner.

B.

A one-time, one-year extension may be granted if a written extension request is submitted prior to the expiration date identified in this certified notice, and the applicant or property owner(s) has demonstrated due diligence and reasonable reliance towards the project completion. In consideration of due diligence, the director may consider the following:

1.

Date of initial application;

2.

Time period the applicant had to submit required studies;

3.

That there have been no major modifications to the application or to the site condition;

4.

That there has not been significant changes in applicable regulations;

5.

Potential to provide necessary information within one year; and

6.

Applicant's rationale or purpose for delay.

(Ord. No. 15-005, § 1, 4-20-2015)

A.

Notice of Application Required. A notice of application will be required for all Type III applications. The notice of application may be combined with a notice of public hearing.

B.

Contents. The notice of a Type III application shall include:

1.

The date of application, the date of the notice of completeness, and the date of the notice of application;

2.

A description of the proposed project action, a list of project permits included in the application, and, if applicable, a list of any studies requested;

3.

The identification of other permits not included in the application, to the extent known by the city;

4.

The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

5.

A statement of the limits of the public comment period, which shall be fifteen 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;

6.

The date, time, and place of hearing, if applicable and known;

7.

A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and consistency as provided in Title 16 of this code;

8.

Any other information determined appropriate by the city, such as the city's threshold determination.

C.

Time frame for issuance of notice of application.

1.

Within fourteen days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application.

2.

If any open record predecision hearing is required for the requested project permit(s), the mailed notice of application shall be provided at least fifteen days prior to the open record hearing.

D.

Published. The notice of application shall be published in the city's official newspaper of general circulation in the general area where the proposal is located.

E.

Mailed. The notice of application shall be mailed to all owners of record of the subject property, and all owners of real property located within three hundred feet of the subject property based on Clark County GIS records.

F.

Preliminary Plat Actions. In addition to the notice of application requirements above for preliminary plats and proposed subdivisions, additional notice shall be provided as follows:

1.

Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of the city, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities.

2.

Notice of the filing of a preliminary plat of a proposed subdivision adjoining the city limits shall be given to the appropriate county official.

3.

Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway, or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation, who must respond within fifteen days of such notice.

4.

If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this section shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

Notice of Threshold Determinations. Under a consolidated review, notice of a threshold determination will be mailed to those agencies, individuals, or entities submitting comment within the comment period, and to all owners of record of the subject property, and all owners of real property generally located within three hundred feet of the subject property based on Clark County GIS records. Where a notice of public hearing is required, the threshold determination may be combined with such notice. An applicant is responsible for submitting a certified list of the property owners to be notified, and mailing labels of this list.

B.

Public Hearing on Project Permit. If an open record predecision hearing is required for the underlying project permit application, the city shall issue its threshold determination at least fifteen days prior to the open record predecision hearing.

C.

Consolidated Appeals. All SEPA related appeals, other than a DS, shall be consolidated with the open record hearing, or appeal, if any, on the underlying project application.

D.

DS appeals shall be heard in a separate open record hearing prior to the open record hearing, if applicable, on the underlying project application. The purpose for this early separate appeal hearing is to resolve the need for an environmental impact statement (EIS), and to permit administrative and judicial review prior to preparation of an EIS.

E.

Notice of Appeal—Timing and Content.

1.

All SEPA appeals shall be filed in writing with the City of Camas clerk accompanied by the required filing fee.

2.

The notice of appeal shall identify the appellant, establish standing, and set principal points of the appeal.

3.

The notice of appeal shall be filed no later than fourteen days after the threshold determination has been issued.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

As optional methods of providing public notice of any project permit(s), the city may utilize one or more of the following:

A.

Notify the public or private groups with known interest in a certain proposal, or in the type of proposal being considered;

B.

Notify the news media;

C.

Place notices in appropriate regional, local, or neighborhood newspapers or trade journals;

D.

Publishing notice in city newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas;

E.

Mailing to neighboring property owners; and

F.

Placing notice on the City of Camas official web site.

The city's failure to provide the optional notice as described in this section shall not be grounds for invalidation of any permit decision.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

All public hearings on a Type III application shall be quasi-judicial and comply with the procedure of this section.

A.

Once the director determines that an application for a Type III decision is complete a hearing shall be scheduled.

B.

Notice of the hearing shall be issued in accordance with CMC Section 18.55.190.

C.

The director or designee shall prepare a staff report on the application which lists the applicable approval criteria, describes the application and the applicant's proposal, summarizes all relevant city department, agency, and public comments, describes all other pertinent facts as they relate to the application and the approval criteria, and makes a recommendation as to whether each of the approval criteria are met.

D.

At the beginning of the initial public hearing authorized under these procedures, a statement shall be announced to those in attendance that:

1.

Lists the applicable substantive criteria;

2.

The hearing will proceed in the following general order: staff report, applicant's presentation, testimony in favor of the application, testimony in opposition to the application, rebuttal, record closes, deliberation and decision;

3.

That all testimony and evidence submitted, orally or in writing, must be directed toward the applicable approval criteria. If any person believes that other criteria apply in addition to those addressed in the staff report, those criteria must be listed and discussed on the record. The decision maker may reasonably limit oral presentations in length or content depending upon time constraints. Any party may submit written materials of any length while the public record is open;

4.

Any party wishing a continuance or to keep open the record must make that request while the record is still open;

5.

That the decision maker shall disclose any ex parte contacts, conflicts of interest, or bias before the beginning of each hearing item and provide an opportunity for challenge. Advised parties must raise challenges to the procedures of the hearing at the hearing and raise any issue relative to ex parte contacts, conflicts of interest, or bias, prior to the start of the hearing;

6.

Requests for continuances and to keep open the record. The decision maker(s) may continue the hearing from time to time to allow the submission of additional information or for deliberation without additional information. New notice of a continued hearing need not be given so long as the decision maker(s) established a time certain and location for the continued hearing. Similarly, the decision maker may close the hearing but keep open the record for the submission of additional written material or other documents and exhibits. The decision maker(s) may limit the factual and legal issues that may be addressed in any continued hearing or open-record period;

7.

Denial by a hearings examiner or city council of a Type III permit application, shall result in denial of all associated Type II decisions applied for at the same time that are subject to some part of the Type III decision. The Type III decisions for which this applies include, but are not limited to, design review, variances, critical areas.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

A notice of public hearing is required for all open record quasi-judicial hearings for which a scheduled hearing date was not included in a notice of application.

1.

Mailed Notice. At least fifteen days prior to a hearing the director shall prepare and send by mail a notice of hearing to all owners of record of the subject property, and all owners of real property located within three hundred feet of the subject property. An applicant is responsible for submitting a current list (within thirty days prior to application) and mailing labels of the owners of real property within three hundred feet, certified as based on the records of the Clark County assessor.

2.

Published Notice. At least fourteen days prior to a hearing the director shall publish the notice of hearing in a newspaper of general circulation within the city.

3.

Content of notice under subsection (A)(1) or (A)(2) of this section:

a.

The time, date and location of the public hearing;

b.

A general description of the proposed project;

c.

The street address or other easily understood location of the subject property and city assigned case file number;

d.

A timeframe for submitting written comments for inclusion in the decision maker's packet;

e.

If a SEPA threshold determination is required, notice under subsection (A)(1) of this section may include the notice of the threshold determination;

f.

A description of other project administrative decisions or determinations, and appeal periods.

4.

Failure to satisfy the notice requirements of this section shall not invalidate the proceeding.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

A.

Type II decisions may be appealed to the hearings examiner.

B.

The following decisions may be appealed to the City Council: (1) Shoreline master program permits; (2) SEPA decisions; (3) civil regulatory orders, and (4) civil fines. For all other decisions under this chapter, there is no appeal to any other decision maker within the city.

C.

All appeals are initiated by filing a notice of appeal with the director within fourteen days of issuance of the decision being appealed.

D.

The notice of appeal shall be in writing and contain the following information:

1.

Appellant's name, address and phone number;

2.

Appellant's statement describing their or other standing appeal;

3.

Identification of the application which is the subject of the appeal;

4.

Appellant's statement of grounds for the appeal and the facts upon which the appeal is based;

5.

The relief sought, including the specific nature and extent;

6.

A statement that the appellant has read the notice of appeal and believes the content to be true, followed by the appellant's signature.

E.

The notice of appeal shall be accompanied by an appeal fee as set forth in a fee schedule adopted by resolution.

F.

Appeals of civil regulatory orders and civil fines shall be heard de novo by the city council. All other appeals, with the exception of SEPA appeals subject to Section 18.55.165 C., shall be closed record hearings before the city council.

G.

Notice of any appeal shall be given to those entitled to notice of the decision or determination being appealed.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2583, § I, 4-5-2010; Ord. No. 2612, § I(Exh. A), 2-7-2011; Ord. No. 19-001, § I(Att. A), 1-22-2019; Ord. No. 21-005, § I(Exh. A), 3-15-2021)

Editor's note— Ord. No. 2583, § II, adopted April 5, 2010, repealed § 18.55.210, which pertained to "Appeals—Type II, shoreline permit." See also the Code Comparative Table and Disposition List.

A.

All city decision makers have the authority to impose reasonable conditions of approval designed to ensure that all applicable approval standards are, or can be met.

B.

The applicant retains the burden of demonstrating that applications comply with the approval criteria, or can and will comply with the approval criteria through the imposition of conditions of approval. Further, the applicant must file evidence demonstrating that approval criteria can be met with the imposition of conditions, as well as demonstrate a commitment to comply with conditions of approval.

C.

Failure to comply with any condition of approval shall be grounds for revocation of the permit(s), and grounds for instituting code enforcement proceedings pursuant to the city code.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

Type II Process. The city shall mail a notice of all decisions rendered under a Type II process. Except as otherwise provided in this code, notice of Type II decisions shall be mailed to all property owners within three hundred feet of the subject property based on Clark County GIS records.

B.

Type III Decisions. The city shall mail a notice of all decisions rendered under a Type III process. Mailed notice of the decision shall be as follows:

1.

Any person, who prior to rendering of the decision, requested notice of the decision, or submitted substantial comments on the application;

2.

Those who were provided a notice of application;

Those individuals signing a petition and not otherwise submitting substantial comments are not entitled to a notice of decision.

C.

The notice of decision shall include the following information:

1.

The file number and effective date of decision;

2.

The name of the applicant, owner, and appellant (if different);

3.

The street address or other easily understood location of the subject property;

4.

A brief summary of the decision and, if an approval, a description of the use approved; and

5.

The contact person, address, and a telephone number whereby a copy of the final decision may be inspected or copies obtained.

D.

For initial Type II decision or shoreline permit decisions not requiring an open public hearing, a statement that the decision(s) is final at the close of business on the fourteenth day after the date on the decision, unless appealed, and description of the requirements for perfecting an appeal.

E.

For consolidated reviews, notice of decision for administrative decisions and determinations may be included in the notice of public hearing for those portions of a development requiring a public hearing.

F.

A statement of appeal rights and timing.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

Any party of record believing that a decision of the hearings examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the public hearing, may make a written request to the examiner, filed with the city clerk, to be accompanied by an appeal fee, for reconsideration by the examiner.

A.

Time Frame. The request for reconsideration shall be filed within fourteen calendar days of the date the decision was rendered.

B.

Content. The request for reconsideration shall contain the following:

1.

The case number designated by the city and the name of the applicant;

2.

The name and signature of each petitioner;

3.

The specific aspect(s) of the decision being appealed, the reasons why each aspect is in error as a matter of fact or law, and the evidence relied on to prove the error. If the petitioner wants to introduce new evidence in support of the appeal, the written appeal must explain why such evidence should be considered.

C.

The hearings examiner may, after review of the materials submitted in conjunction with the reconsideration request, and review of the open record hearing transcript, take further action as he or she deems proper; including, but not limited to, denying the request, modifying the decision, or affirming the decision.

D.

The hearings examiner shall issue a decision on a request for reconsideration within forty-five (45) days of the filing of the request for reconsideration. When a request for reconsideration has been timely filed, any appeal to Clark County Superior Court under the Land Use Petition Act shall be filed within twenty-one (21) days after a hearings examiner issues its decision on the request for reconsideration.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2583, § III, 4-5-2010)

The city's final decision on an application may be appealed by a party of record with standing to file a land use petition in Clark County superior court. Such petition must be filed within twenty-one days after issuance of the decision, as provided in Chapter 36.70C RCW.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

If an application is denied, or withdrawn following the close of the public hearing, no reapplication for the same or substantially similar proposal may be made for one year following the date of final decision denying the permit, or the date of withdrawal.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

Type II or Type III approvals automatically become void if no timeframe is specified in the approval, and if any of the following events occur:

1.

If, within two years of the date of the final decision, all necessary building permit(s) have not been issued, if required; or

2.

If, within two years of the date of the final decision, the development action or activity approved in the decision is not initiated.

B.

Notwithstanding subsection (A) of this section, subdivision plats and short plats must be recorded within the times established by CMC 17.09.040(A) and CMC 17.11.060(A).

C.

New Application Required. Expiration of an approval shall require a new application for any use on the subject property that is not otherwise allowed outright.

D.

Deferral of the Expiration Period Due to Appeals. If a permit decision is appealed beyond the jurisdiction of the city, the expiration period shall not begin until review before the appellate courts has been completed, including any remand proceedings before the city. The expiration period provided for in this section will begin to run on the date of final disposition of the case (the date when an appeal may no longer be filed).

E.

Extensions: The Community Development Director may grant a request for an extension where a request is submitted prior to the expiration date of the decision and upon a demonstration that the extension is necessary due to unforeseen economic conditions and that no substantial changes in the code have occurred since the date the original application was deemed complete. An extension may be granted for a maximum of two years.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011; Ord. No. 2645, § III, 3-19-2012)

A.

Plat amendments are amendments to an approved preliminary plat and are classified as either minor amendments or major amendments. Minor amendments are defined pursuant to CMC Section 18.55.290. Any increase or substantial decrease in lots, reduction in open space, or other substantial modification that alters the character of the development is a major modification. Minor modifications are a Type I decision, and major modifications are a Type III decision.

B.

An application for a plat amendment may be made at any time until a preliminary plat or approval has expired under CMC Section 17.09.040 or 17.11.060 Expiration.

C.

An amended plat proposal shall be submitted on an application satisfying all the criteria of Section 17.09.030(B) or 17.11.030(B) Application of this code. The community development director shall have the discretion to determine whether a new SEPA checklist application need be submitted, and whether stormwater, transportation, geotechnical, and other studies need to be revised or updated. A revised plat shall be submitted showing the location of lots, tracts, blocks, streets of the previous plat in dotted lines, and the proposed revisions in solid lines.

D.

An approval for a plat amendment shall expire at the same time as the original preliminary plat approval.

E.

Plat alterations are modifications to a final plat. Plat alterations are a Type III decision and shall be processed as provided in RCW 58.17.215.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

Editor's note— Ord. No. 2691, § I(Exh. A), adopted Jan. 21, 2014, repealed § 18.55.280, which pertained to modification of conditions. See also the Code Comparative Table and Disposition List.

Minor amendments are modifications to approved developments or permits, as determined by the director. Minor amendments may include modifications which affect the conditions of permit approval (e.g., correcting lot numbering errors), precise dimensions or location of buildings, accessory structures, and driveways, but do not affect: (i) overall project character, (ii) increase the number of lots, dwelling units, or density, (iii) decrease the quality or amount of open space, or (iv) vary from specified dimensional standards of this title. Minor amendments are Type I decisions.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2691, § I(Exh. A), 1-21-2014)

A.

Decision to Hold Joint Hearing. The director may combine any public hearing on a project permit application with any hearing that may be held by another jurisdiction, state, regional, federal, or other agency on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met.

B.

Applicant's Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined, as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if additional time is needed in order to complete the hearings.

C.

Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal, or other agency and the city, as long as:

1.

The other agency is not expressly prohibited by statute from doing so;

2.

Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule;

3.

The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the City of Camas hearing; and

4.

The hearing is held within the Camas city limits.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

Purpose. Legislative actions involve the adoption or amendment of the city's Municipal Code, comprehensive plan, map inventories, and other policy documents that affect the entire city or large portions of it. Legislative actions that affect land use must begin with a public hearing before the planning commission.

B.

Notice of Legislative Hearings. Notice of the date, time, place, and subject of an initial legislative hearing before the planning commission shall be published in a newspaper of general circulation within the city at least six days prior to the hearing.

C.

Planning Commission Review.

1.

Hearing Required. The planning commission shall hold a public hearing before recommending action on a legislative proposal. Recommendations by the planning commission shall be by majority vote of the entire planning commission.

2.

Director's Report. Once the planning commission's hearing has been scheduled and notice provided under this section, the director shall prepare and make available a staff report on the legislative proposal at least five days prior to the hearing.

3.

Planning Commission Recommendation. At the conclusion of the initial hearing, or a continued hearing, the planning commission shall forward a recommendation on the proposal to the city council.

D.

City Council Review. Upon a recommendation from the planning commission, the city council may hold a public hearing on the proposal or consider the proposal at a regular meeting of the council. The city council may adopt, modify, or reject the proposal, or it may remand the matter to the planning commission for further consideration. If the decision is to adopt at least some form of the proposal, and thereby amend the city's land use regulations, comprehensive plan, official zoning maps, or some component of any of these documents, the city council decision shall be enacted as an ordinance or resolution.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

Camas Shoreline Master Program—Adopted. The city's policies and regulations for shorelines are contained in the master program document that is adopted by the city, and entitled Camas Shoreline Master Program (program).

1.

Procedures. The process and procedures regarding shoreline master program permits are found in Appendix B of the Camas Shoreline Master Program (hereinafter referred to as the "program"). When a shoreline substantial development permit and a shoreline conditional use permit or variance is required for a development, then the submittal of the permits shall be made concurrently.

2.

Consolidated Review. Unless an applicant requests otherwise, any other permits that are required for the development or use (e.g. permits within CMC Titles 15, 16, 17 and 18) and submitted concurrently with the shoreline permits, shall be processed simultaneously and a decision shall be issued as a single decision as required per RCW 36.70B.120-Permit Review Process.

B.

Expiration of Shoreline Master Program Permits.

1.

The time requirements of this section shall apply to all substantial development permits and to any development authorized pursuant to a shoreline variance or conditional use permit. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the program, the city may adopt different time limits from those set forth in this section as a part of an action on a substantial development permit. (WAC173-27-090)

2.

Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two years of the effective date of a substantial development permit. However, the shoreline administrator may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to DOE. (WAC173-27-090)

3.

Authorization to conduct development activities shall terminate five years after the effective date of a substantial development permit. However, the shoreline administrator may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to DOE. (WAC173-27-090)

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011; Ord. No. 2643, § V, 3-5-2012)

A.

Development Agreements—Authorized. The city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to, and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by the city.

B.

Development Agreements—Effect. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement. A development agreement may not be subject to an amendment to a zoning ordinance, development standard, regulation, a new zoning ordinance, development standard, or regulation adopted after the effective date of the agreement. A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement.

C.

Development Agreements—Recording—Parties and Successors Bound. A development agreement shall be recorded with the real property records of the Clark County. During the term of the development agreement, the agreement is binding on the parties and their successors, including the city, if the city assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement.

D.

Development Agreements—Public Hearing. Notwithstanding other procedural requirements of this title, the city shall only approve a development agreement by ordinance or resolution after a public hearing by the city council. Notice of the public hearing shall be made by publishing in the local paper, a minimum six days prior to the hearing, the time, date, and location of the hearing, and a general description of the location and proposal.

If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

Final plat approval is subject to review and approval by the city council consistent with CMC Title 17 and RCW Chapter 58.17.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

The provisions of chapter supersede all conflicting provisions in the City of Camas Municipal Code.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

Code Interpretation:

A.

Purpose. The purpose of this chapter to provide a process for interpreting and applying the provisions of Title 16, 17 and 18.

B.

Responsibility. It shall be the responsibility of the Director to review and resolve any questions regarding the proper interpretation or application of the provisions of Title 16, 17 and 18 pursuant to the procedures set forth in this chapter. The Director's decision shall be in keeping with the spirit and intent of this title and of the comprehensive plan. The director's decision shall be in writing and kept on permanent file.

Procedure:

A.

Application. An application may be submitted in writing for a director's interpretation of a code provision of Title 16, 17 or 18 when it pertains to a specific property by means of a Type II application pursuant to CMC Section 18.55.030. The director may independently initiate an interpretation of any conflicting or unclear provisions of this title.

B.

Multiple Applications. If an application for an interpretation is associated with any pending land use application(s) subject to Title 16, 17, or 18, then the application for the interpretation may be submitted by any person whose property, residence or business is or will likely be impacted by a project and shall be combined with the associated application(s) and is subject to the highest level of procedure that applies to any of the applications; provided that a code interpretation under this subsection that is requested by a person other than the project applicant or property owner shall not be considered unless it is requested within sixty days after an application bas been determined to be complete or plier to the conclusion of the public comment period, if any, whichever is later.

C.

Codification. To ensure that the director's interpretations are applied consistently over time, the director shall on an annual basis initiate a Type IV text amendment to this code for the purpose of codifying interpretations pursuant to Chapter 18.55. The codified interpretations shall be located in Chapter 18.55.355—Code Conflicts, or in the chapter of the code governing the subject matter of the interpretation, whichever may be more appropriate.

D.

Appeals. Any official interpretation of the provisions of Title 16, 17, and 18 may be appealed by any aggrieved party, pursuant to the appeal procedures set forth in Chapter 18.55.

(Ord. No. 21-005, § I(Exh. A), 3-15-2021; Ord. No. 22-007 meeting, § I, 5-16-2022)

If any section, sentence, clause, or phrase of the ordinance codified in this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause, or phrase of this chapter.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

The public works director, community development director, engineering manager, fire marshal, and building official shall be responsible for enforcing Titles 14 through 18 of this code, and may adopt administrative rules to meet that responsibility. Enforcement responsibility may be delegated to an appropriate designee, for example, a code enforcement officer.

B.

The enforcement provisions of this chapter shall be applicable to any violation of the provisions of Titles 14 through 18 of this code, and to any failure to comply with the terms and conditions of any permits or approvals issued pursuant to the provisions of those titles.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2583, § IV, 4-5-2010)

Compliance with the requirements of Titles 14 through 18 of this code shall be mandatory. The general penalties and remedies established in CMC Chapter 1.24 General Penalty of this code for such violations shall apply to any violation of those titles. The enforcement actions authorized under this chapter shall be supplemental to those general penalties and remedies.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

(Ord. No. 2583, § V, 4-5-2010)

Actions under this chapter may be taken in any order deemed necessary or desirable by the director to achieve the purpose of Titles 14 through 18 of this code. Proof of a violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property upon which the violation exists. An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2583, § VI, 4-5-2010)

A.

Authority. A civil regulatory order may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken in violation of the development code.

B.

Notice. A civil regulatory order shall be deemed served, and shall be effective when posted at the location of the violation and/or delivered to any suitable person at the location, and/or delivered by mail or otherwise to the owner or other person having responsibility for the location.

C.

Content. A civil regulatory order shall set forth:

1.

The name and address of the person to whom it is directed;

2.

The location and specific description of the violation;

3.

A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed;

4.

An order that the violation immediately cease, or that the potential violation be avoided;

5.

An order that the person stop work until the violation is corrected or remedied;

6.

A specific description of the actions required to correct, remedy, or avoid the violation, including a time limit to complete such actions;

7.

A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.

D.

Remedial Action. The director may require any action reasonably calculated to correct or avoid the violation, including but not limited to, replacement, repair, supplementation, revegetation or restoration.

E.

Appeal. A civil regulatory order may be appealed to the city council as provided by CMC 18.55.200.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2583, § VII, 4-5-2010)

A.

Authority. A person who violates any provision of the development code, or who fails to obtain any necessary permit, or who fails to comply with a civil regulatory order shall be subject to a civil fine.

B.

Amount. The civil fine assessed shall not exceed one thousand dollars for each violation. Each separate day, event, action, or occurrence shall constitute a separate violation.

C.

Notice. A civil fine shall be imposed by a written notice, and shall be effective when served or posted as set forth in Section 18.55.430(B) "application." The notice shall describe the date, nature, location, and act(s) comprising the violation, the amount of the fine, and the authority under which the fine has been issued.

D.

Collection. Civil fines shall be immediately due and payable upon issuance and receipt of the notice. The director may issue a regulatory order stopping work until such fine is paid. If remission or appeal of the fine is sought, the fine shall be due and payable upon issuance of a final decision. If a fine remains unpaid thirty days after it becomes due and payable, the director may take actions necessary to recover the fine. Civil fines shall be paid into the city's general fund.

E.

Application for Remission. Any person incurring a civil fine may, within ten days of receipt of the notice, apply in writing to the director for remission of the fine. The director shall issue a decision on the application within ten days. A fine may be remitted only upon a demonstration of extraordinary circumstances.

F.

Appeal. A civil fine may be appealed to the city council as provided by CMC 18.55.200. If an application for remission of a fine was timely submitted, then the appeal must be filed within fourteen (14) days of the date the director issues the decision on the application for remission.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

(Ord. No. 2583, § VIII, 4-5-2010)

A.

Review. Any approval or permit issued under the authority of the development code may be reviewed for compliance with the requirements of the development code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception.

B.

Initiation of Review. The review of an approval or permit may be initiated by the director, city administrator, city council, or by petition to the director by three property owners or three residents of separate dwelling units in the city, stating their belief as to the noncompliance, nuisance, or hazard of the permitted activity.

C.

Director's Investigation. Upon receipt of information indicating the need for, or upon receiving a request for review of permit or approval, the director shall investigate the matter and take one or more of the following actions:

1.

Notify the property owner or permit holder of the investigation;

2.

Issue a civil regulatory order, and/or civil fine, and/or recommend revocation or modification of the permit or approval;

3.

Refer the matter to the city attorney; and/or

4.

Refer the matter to the city council with a recommendation for action.

(Ord. 2515 § 1 (Exh. A (part)), 2008)

A.

Review. Upon receiving a director's recommendation for revocation of a permit or approval, the approval authority shall review the matter at a public hearing. Upon a finding that the activity does not comply with the conditions of approval or the provisions of the development code, or creates a nuisance or hazard, the approval authority may delete, modify, or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the approval authority finds no reasonable conditions which would remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease. Revocation hearing regarding a Type II decision shall be scheduled before the hearings examiner.

B.

Reapplication. If a permit or approval is revoked for fraud or deception, no similar application shall be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of the development code.

(Ord. 2515 § 1 (Exh. A (part)), 2008)