Chapter 20.90
APPLICATION PROCESS
Sections:
20.90.000 Scope.
20.90.005 Exemptions.
20.90.010 Application procedures.
20.90.000 Scope.
This chapter sets forth the processes for reviewing project permit applications required by ECDC Titles 15 through 20. Individual portions of the ECDC may set additional processing requirements. The requirements of this chapter shall supersede any conflicting requirements of the ECDC to the extent permitted by state law. [Ord. 3112 § 21, 1996].
20.90.005 Exemptions.
A. Partial Exemptions. The following project permit applications shall be exempt from ECDC 20.90.010(B) (project consolidation), ECDC 20.90.010(E) (notice of application), and ECDC 20.90.010(F)(3) (notice of decision):
1. Any and all project permit applications required by any provision of ECDC Title 18 or 19 not otherwise exempted by this section.
2. Lot line adjustments as identified in ECDC 20.75.050.
3. Building permit applications as identified in Chapter 19.00 ECDC that are categorically exempt from environmental review under Chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permit applications.
4. Architectural design board approvals that are categorically exempt from environmental review under Chapter 43.21C RCW.
B. Complete Exemptions. In addition to the regulations listed under ECDC 20.90.005(A) above, the following permits shall also be exempt from ECDC 20.90.010(D) (letter of completeness), ECDC 20.90.010(F)(l) (final decision deadline) and ECDC 20.90.010(H) (appeal deadlines):
1. Building permits subject to earth subsidence and landslide review as identified in Chapter 19.05 ECDC.
2. Building permits submitted as part of an augmented application for architectural design review as identified in ECDC 19.00.120.
3. Building permits subject to environmental review under Chapter 43.21C RCW for which environmental review has not been completed in connection with other project permits.
4. Any staff decisions authorized by the ECDC or ECC.
5. Street vacations as identified in Chapter 20.70 ECDC. [Ord. 3112 § 21, 1996].
20.90.010 Application procedures.
A. Application. All applications for development permits or other city approvals required by the ECDC shall be submitted on forms provided by the city of Edmonds. All such applications shall include the information required by the appropriate chapter of the ECDC. The director of community services or his/her designee may require such additional information as is reasonably necessary to fully and properly evaluate the proposal.
B. Project Consolidation.
1. The city shall consolidate the review of project permit applications in order to integrate and avoid duplication or needless delay in the permitting and environmental review process. Applications consolidated in this way shall be considered to be one development project for the purposes of this chapter. The city is also authorized to consolidate project review with the permit review of other government agencies.
2. Decisions and hearings shall be scheduled so that no more than one open record public hearing is held on all project permit applications received on a development project and no more than one closed record appeal hearing is held on the same project. Projects that do not involve an open record predecision hearing can be subject to an open record appeal.
a. To the extent consistent with state law, when an open record public hearing is required by the ECDC before more than one decisionmaking body for a consolidated project, the decisionmaking body with the broadest decisionmaking authority as determined by the planning manager shall conduct the public hearing and shall have sole authority to render a final decision on the application.
b. To the extent consistent with state law, when a closed record appeal is required by the ECDC to be conducted by more than one decisionmaking body for a consolidated project, the decisionmaking body with the highest appeal authority as determined by the planning manager shall conduct the appeal and shall have sole authority to render a final decision on the appeal.
c. To the extent consistent with state law, when consolidated project permit applications are required by the ECDC to include both open record predecision hearings and open record appeals, the appeal shall be a closed record appeal.
C. Pre-application Meetings. Applicants for development permits are encouraged to participate in an informal meeting prior to the formal submission of application(s) for city review and approval. The purpose of the meeting is to discuss, in general terms, the proposed development, city standards, policies and design guidelines, the permit process and approvals that will be required.
D. Letter of Completeness.
1. Within 28 calendar days of receiving a date-stamped project permit application, the city shall review the application and provide the applicant(s) with a written statement that the application is complete or incomplete.
2. A project permit application shall be declared complete only when it contains all of the following materials:
a. A fully completed, signed and acknowledged project permit application and applicable review fees.
b. A fully completed, signed and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act, Chapter 43.21C RCW.
c. A fully completed, signed and acknowledged critical areas checklist for projects subject to the Critical Areas Ordinance of the city of Edmonds (Chapter 20.15B ECDC).
d. The information specified for individual permit approvals under the appropriate chapters of the ECDC.
e. Any supplemental information or special studies identified by the director of community services as authorized by ECDC 20.90.010(A)(1).
3. For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information necessary to complete the application. Upon submittal of the specified information, the city shall, within 14 calendar days, issue a letter of completeness or identify what additional information is required.
4. Applicants whose applications have been determined to be incomplete shall submit the specified information within six months after the city deposits a written statement detailing the reasons that the application is incomplete in the U.S. mail, postage paid. A determination of incompleteness is a staff decision appealable under Chapter 20.105 ECDC. If the specified information is not submitted within the six-month period, than the application shall be rejected for incompleteness. Following the initial notification of the applicant in writing that his or her application is incomplete, the applicant shall receive one, and only one, six-month opportunity to correct the application; no further notice shall be required and the six-month correction period shall not be extended. After rejection for incompleteness, an application shall not be revived, but the applicant may submit a new application under the provisions of this chapter.
E. Notice of Application.
1. The city shall issue a notice of development application within 14 calendar days of issuing a letter of completeness under ECDC 20.90.010(D).
2. Notice of Development Application. The notice of development application required by this subsection shall include but not be limited to the following:
a. Name of the applicant.
b. Date of application, date of the letter of completeness, and date of notice of development application.
c. Location of the project, including vicinity map.
d. Project description.
e. Requested permits and approvals, and identification of other permits not included in the application to the extent known by the city.
f. Requested studies.
g. Location of application materials for public review, including any existing or required environmental documents.
h. The public comment period, being not less than 14 nor more than 30 calendar days from the date of the notice.
i. City contact information.
j. The time, place and date of the public hearing, if a hearing has been scheduled.
k. A statement that the decision on the application will be made within 120 days of the date of the letter of completeness.
3. The city shall follow the procedures set forth in ECDC 20.91.010(B)(1) in the issuance of a notice of development application with the following modifications:
a. Only the information required by ECDC 20.91.010(A) need be included in the publication required by ECDC 20.91.010(B)(1)(c).
b. The notice procedures required for a public hearing under Chapter 20.91 ECDC may be combined with the notice procedures for a notice of development application to the extent possible.
F. Final Decision.
1. Time. The final decision on a project permit application shall be made within 120 calendar days from the date of the letter of completeness issued under ECDC 20.90.010(D). Exceptions to this include:
a. Amendments to the comprehensive plan or ECDC.
b. Any time required to correct plans, perform studies or provide additional information; provided, that within 14 calendar days of receiving the requested additional information, the director of community services shall determine whether the information is adequate to resume the project review.
c. Substantial project revisions made or requested by an applicant, in which case the 120 days will begin again from the time that the city determines the revised application to be complete.
d. All time required for the preparation and review of an environmental impact statement pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, following a determination of significance, if the city of Edmonds by ordinance or resolution has established time periods for completion of environmental impact statements, or if the planning manager and the project permit applicant agree in writing to a time period for completion of an environmental impact statement.
e. Projects involving the siting of an essential public facility.
f. An extension of time mutually agreed upon by the city and the applicant.
g. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed.
2. Effective Date. The final decision of the hearing body or city council shall be effective on the date stated in the decision, motion, resolution, or ordinance.
3. A notice of decision shall be issued upon the rendering of a final decision on a project permit application. The notice shall also include a statement of any threshold determination made under Chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person, who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application.
G. Hearing and Appeal Limitations. No project permit application except for the appeal of a determination of significance as provided in RCW 43.21C.075 shall be subject to more than one open record hearing and one closed record appeal. An open record appeal may be held in the absence of an open record predecision hearing.
H. Appeal Deadlines.
1. For all open record appeal hearings, a final decision on the appeal shall be issued within 90 days of the date the appeal is filed.
2. For all closed record appeal hearings, a final decision on the appeal shall be issued within 60 days of the date the appeal is filed.
3. Parties to an appeal may agree to extend the time limits required by this subsection.
I. Appearance of Fairness. All quasi-judicial hearings for land use permit applications shall comply with the Appearance of Fairness Doctrine as codified in Chapter 42.36 RCW and developed by the Washington courts. Under the Appearance of Fairness Doctrine, a quasi-judicial land use hearing must not only be fair in fact but must also appear to be fair and free from an aura of partiality, impropriety, conflict of interest or prejudgment. To this end the following hearing procedures shall be employed in quasi-judicial land use hearings:
1. Pre-Hearing Procedures. Prior to the opening of a public hearing, the presiding officer of the review authority conducting the hearing shall take the following actions:
a. The presiding officer shall inform the audience of the basic procedural rules for participating in the hearing, including time limits and order of presentation.
b. The presiding officer shall disclose any potential grounds for partiality, impropriety, conflict of interest or prejudgment. The presiding officer shall also disclose any ex parte contacts with proponents or opponents of the project under review. The presiding officer shall also ask all other members of the review authority for the same disclosures.
c. The presiding officer shall ask if there are any objections from any member of the audience based upon the contents of the disclosures. The audience shall further be informed that failure to object to any subject matter of the disclosure shall serve to waive any right to further objection.
d. Should any objection from the audience be received, the presiding officer shall determine if the objection serves as grounds for disqualification of any participating decisionmaker.
e. An objection to an ex parte contact shall not serve as a basis for disqualification. Anyone who objects to an ex parte communication shall have the right to rebut the contents of the communication during the hearing.
2. Hearing Procedures. The following procedures shall apply while a public hearing is open:
a. The order of testimony shall be as follows:
i. Staff presentation;
ii. Applicant presentation;
iii. Public testimony;
iv. Staff response;
v. Applicant rebuttal, to the extent permitted by other council procedural rules.
b. All testimony shall be directed to the review authority.
3. Post-Hearing Procedure. The following procedures shall apply after a public hearing is closed:
a. No new evidence shall be considered by the review authority after the close of the public hearing.
b. The review authority shall limit its consideration of evidence to that which was presented during the public hearing.
c. Motions to reconsider may be considered until the formal adoption of the written findings and conclusions pertaining to the decision. The motion to reconsider and its debate shall be limited to the procedural motion and shall not include deliberation of the main motion. If a motion to reconsider is adopted, the matter shall be set for a continued public hearing with notice to all parties and the public. The city council shall specify in its notice whether the matter is set for council deliberation only on the existing record or whether further public testimony will be taken.
4. Procedures to Serve as Supplemental Guidelines. The procedures of this subsection shall supplement existing rules relating to city decisionmaking procedures. The procedures of this subsection shall supersede any conflicting city procedural requirements. These procedures are intended to serve as guidelines for compliance with state law requirements pertaining to the Appearance of Fairness Doctrine. Failure to comply with these procedures shall not serve as justification to invalidate a land use decision or serve as any source of liability to the city. [Ord. 3258 § 1, 1999; Ord. 3112 § 21, 1996].