The city council intends the provisions of Chapters 15.09 through 15.11 to govern the procedural requirements and provisions of the local project review permitting process. To the extent that any other provision of this code prescribes a different process, review authority, procedure, timeline, or appeal other than that specified in Chapters 15.09 through 15.11, such provision shall be deemed to be void and superseded by this chapter and Chapters 15.10 and 15.11. Nothing in this section is intended, nor shall be construed, to affect the substantive standards and criteria prescribed for project permits in any other applicable provision of this code.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

For the purpose of local project review, all project permit applications shall be classified as one of the following described below:

⁽¹⁾ Final plat approval shall be by city council decision but shall not include an open record public hearing.

⁽²⁾  The applicant shall bear the burden of demonstrating that existing drainage patterns will not be disrupted by the grading, excavation or filling activity. This demonstration may be made by submittal of topographical site maps, photographic evidence, or other engineering documentation. The public works director shall have sole discretion in determining the sufficiency of any such documentation.

⁽³⁾  Where a major design review proposal requires a major site development review, a separate design review application will not be required and the design review standards will be evaluated with the site development review (ref CMC 15.18.250.D, and CMC 15.18.220.A.3.)

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

The city planner shall determine the proper procedure type for all project permit applications in accordance with Section 15.09.040. Where no procedure type is specified for a particular project permit application, the city planner shall determine the appropriate procedure type based upon the procedure used for similar project permits. If there is a question as to the appropriate procedure type, the city planner shall resolve it in favor of the procedure type that provides the greatest opportunity for public notice and participation. The act of classifying an application for procedure type shall be a Type I action; and subject to reconsideration and appeal at the same time and in the same way as the merits of the project permit application in question.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

Unless otherwise required, where the city must approve more than one project permit application for a given development, two or more project permit applications required for the development may be simultaneously submitted by the applicant for review at one time under a single permit processing review procedure ("consolidated permit review").

B.

If an applicant elects the consolidated permit review process by the simultaneous submission of two or more applications: (1) the applications shall be reviewed and processed under the highest numbered procedure type that applies to any of the applications; and (2) the determination of completeness (Section 15.09.130); notice of application (Section 15.09.140); and notice of final decision (Section 15.09.150) shall include all project permits being reviewed through the consolidated review process. If project permit applications for any such development are not submitted under this optional consolidated permit review process, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure type.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

The following project permit applications shall be reviewed and processed in accordance with the project permit application type specified below.

*After hearing examiner recommendation

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

Planner's Decision to Hold Joint Hearing. The city planner may combine any public hearing on a project permit application with any hearing that may be held by another local, 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 subsections (B) and (C) of this section are met.

B.

Applicant's Request for a Joint Hearing. At the time of permit application, the applicant may request, in writing, that the public hearing on the permit application(s) be combined as long as the joint hearing can be held within the time periods set forth in this title, or the applicant agrees to a particular schedule if additional time is needed in order to combine the hearings. The decision to hold the joint hearing is at the discretion of the city planner.

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 other 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 local government hearing; and

4.

The hearing is held within the geographic boundary of the city.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

The following decisions are legislative, and are not subject to the procedures in this title, unless otherwise specified:

A.

The adoption and amendment of the zoning code and development regulations. For the purposes of this section, "development regulations" are as defined in RCW 36.70A.030(7);

B.

Area-wide rezones;

C.

Adoption of the comprehensive plan and any plan amendments; and

D.

Annexations.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

Nothing in this chapter or the project permit processing procedures shall limit the authority of the city council to make changes to the city's comprehensive plan or development regulations.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

The following project permits or approvals are specifically excluded from the procedures set forth in this title:

1.

Landmark designations;

2.

Street vacations under Chapter 35.79 RCW;

3.

Street use permits;

4.

Other approvals relating to the use of public areas;

5.

Development agreements, which shall be exclusively governed by the provisions of Chapter 15.17 CMC; and

6.

Other project permits, whether administrative or quasi-judicial, that the city council has determined by ordinance or resolution present special circumstances that warrant a different review process.

B.

Pursuant to RCW 36.70B.140(2), building permits and boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and Chapter 14.04 of this code, or for which environmental review has been completed in connection with other project permits, are excluded from the following project permit processing procedures:

1.

Notice of application (Section 15.09.140);

2.

Except as provided in RCW 36.70B.150, optional consolidated project review processing (Section 15.09.040);

3.

Joint public hearings (Section 15.09.060);

4.

Single report stating all decisions and recommendations made as of the date of the report that do not require an open record hearing (Section 15.10.020(C));

5.

Notice of decision (Section 15.09.150).

C.

Plats—Subdivisions—Dedications. The specific time and notice requirements for plats and subdivisions set forth in Chapter 58.17 RCW and Chapter 15.16 CMC shall supersede the time and notice requirements of this title for the review and approval of plat and subdivision applications.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A decision as to the meaning, application or intent of any development regulation, as it relates to a specific development or project may be requested by an applicant, staff, or a citizen at any time prior to a final decision on a project permit application to which the development regulation may be applied. The request shall be on a form provided by the city planner and include identification of the regulation in question, a description of the proposed development or project and a clear and concise statement of the issue or question to be decided. The city planner shall issue a written interpretation within a reasonable time, but no more than fourteen calendar days after receipt of the completed form, and file a copy in a book or binder for such interpretations, readily available to the public. Administrative interpretations shall be appealable as a Type I project permit application.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

It is recommended that applications for project permits Type III, IV, IVA, and V attend a pre-application conference. The purposes of the pre-application conference [are] to acquaint the applicant with the requirements of this code and project review procedures and for city staff to be acquainted with the proposed application for purposes of determining appropriate review procedures and facilitating the application and project review process. In order to ensure that the pre-application conference is meaningful, the applicant must provide all information requested on the form required by the city planner.

B.

The conference shall be held no more than forty-five calendar days following the filing of a written request for a pre-application conference with the city planner, on the form provided by the planner.

C.

At the conference or within five working days of the conference, the applicant may request that the planner provide the applicant with the following information:

1.

A form which lists the requirements for a completed application;

2.

A general summary of the procedures and timelines to be used to process the application;

3.

The references to the relevant code provisions or development standards which may apply to the approval of the application, as preliminarily identified at the pre-application conference; and

4.

Any applicable design guidelines.

D.

It is impossible for the conference to be an exhaustive review of all potential issues. The discussions at the conference or the information sent by the city to the applicant under subsection (C) of this section shall not bind or prohibit the city's future application or enforcement of all applicable laws and regulations.

E.

Pre-application conferences for all other types of project permit applications are optional, and requests for conferences will be considered on a time-available basis by the planner.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

Applications for all project permits shall be submitted to the city upon forms provided by the city planner. An application shall consist of all materials required by the applicable development regulations for the specific permit(s) sought, and shall include the following general information:

1.

A completed project permit application form;

2.

A sworn statement made before a notary public and under penalty of perjury by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;

3.

A property and/or legal description of the site for all applications, as required by the applicable development regulations;

4.

The applicable fee; and

5.

Designation by name, street and mailing address, telephone number, and relationship to the applicant, of the person to receive all determinations and notices required by this chapter.

B.

In addition, each submittal of a project permit application shall contain the following information, where applicable:

1.

Evidence of adequate water supply as required by RCW 19.27.097;

2.

Evidence of sewer availability;

3.

Information on the capacity of existing storm water conveyance and control facilities;

4.

Any information required by any other applicable provision of this title; and

5.

Any other information determined by the city planner to be relevant and material to review of the proposed project or development.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

Determination of Completeness. Within twenty-eight calendar days after actual receipt of a project permit application as evidenced by the date stamped on the face thereof by the city, the city shall mail or personally provide a written determination to the applicant which states either: (1) that the application is technically complete; or (2) that the application is incomplete and what is necessary to make the application complete. Project permit applications shall be date stamped upon receipt by the city. Applications received after four-thirty p.m. shall be date stamped the next business day. If an applicant has elected the optional consolidated permit review process under Section 15.09.030, all applications consolidated for review will be covered under a single determination of completeness. If the application submitted for such consolidated permits is incomplete, a determination that all consolidated applications are incomplete shall be issued to the applicant.

B.

Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project permit application shall be identified in the city's determination of completeness.

C.

Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in Section 15.09.120, as well as the submission requirements contained in any other development regulations specific to the application. This determination of completeness shall be made when the application is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The city's determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or at some later time, if new or additional information is required pursuant to Section 15.09.220(C), or where there are substantial changes in the proposed action.

D.

Incomplete Application Procedure.

1.

If the applicant is issued a written determination from the city that an application is not complete, the applicant shall have ninety calendar days from date of personal delivery or date of mailing by the city to submit the required information to the city. Within fourteen calendar days after an applicant has submitted the requested additional information, the city shall reissue the determination as to completeness in the manner described in subsection A of this section. If the applicant again receives a determination of incompleteness, the procedure described in this subsection shall be repeated and may be repeated as required by subsequent determination of incompleteness until a determination that the application is complete is issued in the manner described in subsection A of this section.

2.

If the applicant either refuses in writing to submit the required additional information or does not submit the required information within the ninety calendar day period, the city planner shall make findings and issue a decision, according to the Type I procedure in Section 15.09.010, that the application has lapsed for failure to meet the time requirements set forth herein.

E.

City's Failure to Provide Determination of Completeness. A project permit 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 or (D)(1) of this section.

F.

Date of Completeness of Application. When the project permit application is complete whether due to a determination of completeness issued under subsection A or E of this section, the city planner shall note the date of completeness on the application.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

Where a determination of completeness has been issued for an application but the applicant subsequently fails to submit information, studies or other items necessary to obtain final project permit approval, the application shall become null and void one year after registered notice is mailed to the applicant and property owner. The city may provide such notice after four years have lapsed from the date of application submittal. A one time, one year time extension may be granted by the hearing examiner after a public hearing if the extension request is submitted within thirty days prior to the date of expiration provided for in the notice and the applicant has demonstrated due diligence and reasonable reliance towards project completion. In considering due diligence and reasonable reliance, the examiner shall consider the following:

A.

Date of initial application;

B.

Time period the applicant had to submit required studies;

C.

Availability of necessary information;

D.

Potential to provide necessary information within one year;

E.

Applicant's rationale or purpose for delay; and

F.

Applicant's ability to show reliance together with an expectation that the application would not expire.

If the provisions of this section irreconcilably conflict with any provision of state or federal law with respect to a particular category of permit application, the state or federal provision shall control to the extent of such conflict.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

Generally. A notice of application shall be issued on all Type II, III, IV, IVA and V project permit applications except as otherwise provided in subsection B. of this section.

B.

SEPA Exempt Projects. A notice of application shall not be required for project permits that are categorically exempt under SEPA, unless a public comment period or an open record pre-decision hearing is required.

C.

Time Frame for Issuance and Distribution of Notice of Application.

1.

Within fourteen calendar days after the city has made a determination of completeness of a project permit application, the city planner shall issue a notice of application consistent with this section;

2.

If the applicant fails to provide public notice of the NOA as required under Section 15.09.170 within one hundred twenty calendar days after the city has made a determination of completeness, the city planner shall make findings and issue a decision, according to the Type I procedure in Section 15.09.030, that the application has lapsed for failure to meet the public notice requirements set forth herein;

3.

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

D.

Contents. The notice of application shall include:

1.

The date of application submittal, the date of the notice of completion for the application and the date of the notice of application;

2.

The address of the project site and/or a sufficient description of the location to allow interested parties to view the site;

3.

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 RCW 36.70B.070;

4.

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

5.

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;

6.

A statement that the public comment period shall be fourteen calendar days (unless extended in the discretion of the city planner, see subsection (F)(1) of this section) following the date of completion of the notice required in subsection E, or thirty calendar days in the case of shorelines substantial development permits, shorelines conditional use permits and shorelines variances, and that any person has the right to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and appeal the decision; such statement shall provide the issuance date of the notice of application and shall specify the final day and time for submittal of comments;

7.

A statement that the application and all other documents pertaining to, and together constituting the file for the application shall be available for inspection at the start of any comment or appeal period; that anyone may request a copy of any such materials from the file, at his or her cost;

8.

The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application;

9.

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 of consistency as provided in Chapter 15.04;

10.

Any other information determined appropriate by the city, such as the city's threshold determination, if complete at the time of issuance of the notice of application.

E.

Public Distribution. The notice of application required by this section shall be distributed to the public as follows:

1.

Mailed, in accordance with Section 15.09.200, to all property owners within a three hundred foot radius of the site to which the project permit relates;

2.

Published in accordance with Section 15.09.190;

3.

Posted in accordance with Section 15.09.180.

E.

Reserved.

F.

Public Comment on the Notice of Application.

1.

The notice of application public comment period for all project permits, other than shoreline project permits, shall be fourteen days, provided that the city planner shall have the discretion to extend such comment period to a maximum of twenty-eight days. The public comment period for shoreline permits shall be thirty days;

2.

The public comment period shall commence upon the day that the applicant has properly completed each of the requirements for public distribution as provided in subsection D of this section;

3.

All public comments received on the notice of application must be received in the city planning department by four-thirty p.m. on the last day of the comment period. Comments may be mailed, personally delivered or sent by facsimile.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

Issuance. The city planner shall issue a written notice of decision in connection with the city planner's or hearing body's decision on a Type II, III, IV, IVA or V project permit application.

B.

Contents. The notice of decision shall contain the following:

1.

A copy of the planner's or hearing body's written decision, or a summary thereof, in the discretion of the city planner;

2.

A statement of any threshold determination made under SEPA;

3.

The procedures for administrative appeal, if any; and

4.

A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

C.

Public Notice. A copy of the notice of decision shall be publicly distributed by the applicant as follows:

1.

For Type II, III, IV, IVA and V project permit types, mailed to the following persons, in accordance with the mailing procedures specified in Section 15.09.200:

a.

The applicant;

b.

All parties of record as defined in Section 15.08.030;

c.

The county assessor's office.

2.

For project permit Types III, IV, IVA and V posted on the notice board as provided in Section 15.09.180.

D.

Timeline for Issuance. The city shall issue a notice of decision for all Type II, III, IV, IVA and V project permit applications according to the following timelines:

1.

The city shall issue notice of decision in accordance with Table 15.09.050;

2.

In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete for purposes of calculating the time for issuance of the notice of decision, the following periods shall be excluded:

a.

Any period during which the applicant has been requested by the city 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 calendar days after the date the information has been provided to the city,

b.

If the city determines that the information submitted by the applicant under subsection (D)(2)(a) of this section is insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection (D)(2)(a) of this section shall apply as if a new request for studies had been made,

c.

Any period during which an environmental impact statement is being prepared following a determination of significance pursuant of Chapter 43.21C RCW, if the city by ordinance has established time periods for completion of environmental impact statements, or if the city and the applicant in writing agree to a time period for completion of an environmental impact statement,

d.

Any period during which the city planner determines that the applicant has failed to provide public notice as required by Section 15.09.180,

e.

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 for consideration and decision on appeals shall not exceed:

i.

Ninety calendar days for an open record appeal hearing, and

ii.

Sixty calendar days for a closed record appeal,

f.

Any period during which an application is undergoing a required review by another municipality or utility.

g.

Any extension of time mutually agreed upon by the applicant and the city in writing;

3.

The time limits established in this title do not apply if a project permit application:

a.

Requires an amendment to the comprehensive plan or a development regulation,

b.

Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200, or

c.

Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under Section 15.09.130.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

Except where an action is initiated by the city, the applicant for a project permit application shall be responsible for all posting, publishing, mailing and other public distribution methods required by the city planner. No later than fourteen calendar days after the date of posting, publishing and/or mailing, the applicant shall provide to the planner an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service certificate of mailing containing the names and addresses of all individuals sent notice. If the affidavit and certificate of mailing is not filed as required, any scheduled hearing or date by which the public may comment on an application shall be postponed, if necessary, in order to allow compliance with the notice requirements of this and other applicable chapters.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

The following chart lists the public notification requirements for each process type:

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

For all procedures which require posting of notices, as set forth in Section 15.09.170, the following requirements shall apply:

A.

Display Requirements.

1.

Notice board(s) shall be placed by the applicant so as to achieve maximum visibility as follows:

a.

At the midpoint of each abutting street frontage of the site, or as otherwise directed by the city planner, for maximum visibility to abutting properties and the public,

b.

Five feet inside the street property line, except when the board is structurally attached to an existing building, provided that no notice board shall be placed more than five feet from the street property without approval of the planner;

2.

When an application pertains to multiple sites within the city, not all of which sites may be known at the time of application (as is the case, for example, with certain types of telecommunications facilities), the city planner shall determine the number and placement of notice boards necessary to ensure widespread exposure to the public;

3.

Notice boards shall be constructed and installed in accordance with the following specifications:

a.

The readable face of the board shall be at least nine square feet in area with no single edge less than three feet in length,

b.

All printing upon the board shall be in black text upon a white background,

c.

The board shall contain a title centered at the top which reads "Notice of Proposed Land Use Action" in print type of at least three inches or greater,

d.

The following information shall be printed upon the board in print type of at least two inches or greater:

i.

City of Carnation, planning department,

ii.

For information call: (current city phone number),

iii.

List of all project permit applications (i.e., conditional use permit),

iv.

Project applicant name: (name of applicant),

v.

Project permit case number: (case number),

e.

The notice board shall display upon its face a copy of any public notice required by Section 15.09.170 in laminated form, or other means of weather protection approved by the city planner, such that each page of the notice is clearly readable to observers,

f.

The notice board shall be securely mounted upon wooden or metal post(s), or secured to a building or structure in such a manner as to ensure that the top of the notice board is between six to eight feet above grade;

4.

Notice boards shall be maintained in good condition by the applicant, ensuring that the public notice required by Section 15.09.170 remains clearly visible and readable to observers.

B.

Timing Requirements.

1.

Notice boards shall be posted upon the property no later than three days following the date of issuance of any public notice required to be posted by Section 15.09.170;

2.

Notice of the date, time, and location of any open record hearing or shall be displayed upon the notice board no later than ten days prior to the date set for hearing;

3.

Notices displayed upon the notice board shall remain displayed until the expiration of the later:

a.

For notice of application (Section 15.09.140), until the period for public comment has expired,

b.

For notice of public hearing (Section 15.10.030), until the public hearing has been conducted,

c.

For notice of decision (Section 15.09.150), until the period for commencing any available administrative or judicial appeal has expired;

4.

Notice boards shall be removed within fifteen calendar days after the end of any required notice period set forth in subsection (B)(3) of this section;

5.

Removal of the notice board prior to the end of the notice period set forth in this subsection, or failure to maintain the notice board in accordance with subsection (A)(4) of this section shall be sufficient cause for continuance of local project review until the notice board is replaced or repaired and remains in place for sufficient time to provide adequate public notice consistent with this chapter. The timing requirements for issuance of a notice of decision may be suspended for failure to provide adequate public notice.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

For all procedures requiring publication of notice as set forth in Section 15.09.170, notice shall be published in the city's official newspaper of general circulation in the general area in which the proposal is located, as follows:

A.

For all public notices required to be published, except for notices of application for shoreline master program permits and annexations, notice shall be published at least one time;

B.

For notices of application for shoreline master program permits, notice shall be published at least once a week on the same day of the week for two consecutive weeks.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

For purposes of this chapter, references to "mailing" shall include either U.S. postal mail, and/or digital or other similar, alternative methods of communication as authorized in writing by the applicant or party of record; provided nothing in this subsection negates the city's responsibility to provide notice by U.S. postal mail where state or local law requires that form of notification. For all procedures requiring mailing of notice as set forth in Section 15.09.170, the following shall apply:

A.

Notice shall be mailed to the applicant at the address given on the application form.

B.

Whenever notice is required to be mailed to the owners of property within three hundred feet of the subject property, the notice shall be mailed to owners of property as shown on the real property tax records of the county.

C.

Notice shall be mailed to persons commenting on notices of application or SEPA threshold determinations at the addresses shown on the correspondence from such persons.

D.

Notice shall be mailed to persons commenting at a public hearing at the address given on the signup sheet for the hearing or in the person's oral testimony.

E.

For preliminary plats, mailed notice in addition to that described above shall be given as follows:

1.

Notice of application concerning a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities, shall be given to the appropriate city or town authorities;

2.

Notice of application concerning a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to the appropriate county officials;

3.

Notice of application concerning 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 Washington State Secretary of Transportation;

4.

Special notice of the hearing shall be given to adjacent landowners by any other reasonable method the city deems necessary. Adjacent landowners as used in this subsection means the owners of real property located within three hundred feet of any portion of the boundary of the proposed subdivision, as shown by the records of the county assessor. 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 subsection RCW 58.17.090(1)(b) shall be given to owners of real property located with 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.

F.

All mailed public notices shall be deemed to have been provided on the date, as applicable, that the notice is deposited in the mail, sent digitally or electronically, or personally delivered, whichever occurs first.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

In addition to the required methods set forth in this chapter for providing public notice, the city planner may require notification including but not limited to any one or more of the following, if determined necessary to ensure adequate notice to the public:

A.

Notify public or private individuals or groups with known interest in a certain proposal or type of proposal, or in proposals within a certain area or areas of the city;

B.

Notify the news media;

C.

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

D.

Publish notices in agency newsletters or sending notices to agency mailing lists, either general lists or lists for specific proposals or subject areas;

E.

Mail to neighboring property owners and occupants;

F.

Post notices in public places;

G.

Record notices on a telephone message line; and

H.

Post notices electronically via the Internet.

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

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable development regulations shall be determined through the process in this chapter.

B.

Consistency. During project permit application review, the city shall first determine whether the items listed in this subsection are defined in the city's development regulations applicable to the proposed project. In the absence of applicable development regulations establishing decisional criteria for the permit type in question, the city shall determine whether the items listed in this subsection are defined in the city's adopted comprehensive plan. The applicable regulations or plans shall be determinative of the following:

1.

The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied;

2.

The level of development, such as units per acre, density of residential development or other measures of density;

3.

Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW; and

4.

Character of the development, such as, but not limited to, density and/or intensity of the proposed development, dimensional standards, building height, bulk, and scale, architectural features, site design and layout requirements, landscaping, preservation of open space, critical area regulations, and other city development standards.

C.

Additional Information. Should it be determined during project permit application consistency review that additional information is necessary to complete the consistency review, the city may request the applicant to supply additional information or studies.

1.

Reserved.

2.

An applicant shall have ninety calendar days to submit the additional information or studies;

3.

If the applicant either refuses in writing to submit the required information or does not submit the required information within ninety calendar days, the city planner shall issue a decision, according to the Type I procedure in Section 15.09.050, that the application has lapsed for failure to provide the required additional information;

4.

Within fourteen calendar days after an applicant has submitted the requested additional information, the city shall make a determination of completeness regarding the additional information or studies;

5.

Should the city fail to make the completeness determination within the time limitations outlined above, the additional information will be deemed complete and the consistency review will recommence.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

The city shall review all project permit applications, except where categorically exempt, under the requirements of the State Environmental Policy Act ("SEPA"), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city's environmental policy ordinance, Chapter 14.04 of this code, and shall:

1.

Determine whether the applicable regulations require studies that adequately analyze all of the project permit application's specific probable adverse environmental impacts;

2.

Determine if the applicable regulations require mitigation measures that adequately address such environmental impacts;

3.

Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures;

4.

Provide for prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

B.

In review of a project permit application, the city planner may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or other applicable local, state or federal laws do provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

C.

If the city's comprehensive plans, subarea plans and development regulations adequately address a project's specific adverse environmental impacts, as determined under subsections A and B of this section the city may elect not to impose additional mitigation under SEPA during project review.

D.

A comprehensive plan, development regulation or other applicable local, state or federal law permits adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:

1.

The impacts have been avoided or otherwise mitigated; or

2.

The city has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.

E.

In its decision as to whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction and with environmental expertise with regard to a specific environmental impact, the city shall consult orally or in writing with that agency and may expressly defer to that agency. Any oral consultation shall be documented in the project permit file. In making this deferral, the city shall base or condition its project approval on compliance with these other existing rules or laws.

F.

Nothing in this section limits the authority of the city in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

An applicant may withdraw an application at any point during the local project review process. If a project permit application is withdrawn prior to the city's issuance of a notice of application pursuant to Section 15.09.140, the applicant shall be entitled to refund of any fees paid for the application in the amount of up to fifty percent of such fees. If a project permit application is withdrawn after a notice of application has been issued, there shall be no refund.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)

A.

The city planner shall compile an official file on each application filed containing the following:

1.

The application materials submitted by the applicant;

2.

Any staff reports prepared;

3.

All written testimony received on the matter;

4.

The electronic recording and minutes of any public hearing on the matter;

5.

The decision of the permit-granting authority on the permit;

6.

Any other information relevant to the matter;

7.

Certification of publication, and a copy of the mailed notification and the date of mailing.

B.

The official file is a public record. It is available for inspection and copying in the planning department during regular business hours, though availability may be temporarily restricted during or prior to public hearings while staff is preparing for the hearing.

C.

Official files shall be kept permanently in accordance with applicable state record retention requirements.

(Ord. No. 25-1009, § 1(Exh. A), 2-18-2025)