Title 14
PLANNING PERMIT PROCESSING

Chapters:

14.01 Definitions

14.02 Types of Project Permit Applications

14.03 Type I Through Type IV Project Permit Applications

14.04 Type V Legislative Permit Process

14.05 Consistency with Development Regulations and SEPA

14.06 Public Notice

14.07 Public Meetings at the Planning Commission

14.08 Open Record Public Hearings

14.09 Time Period for Issuing Notice of Decision

14.10 Appeals

Chapter 14.01
DEFINITIONS

Sections:

14.01.010 Director.

14.01.020 Interested parties.

14.01.030 Notice of application.

14.01.040 Notice of completeness.

14.01.050 Notice of decisions.

14.01.060 Open record appeal hearing.

14.01.070 Open record public hearing.

14.01.080 Public meeting.

14.01.010 Director.

“Director” means the community development director or his designee. (Ord. 1227 § 3, 1996).

14.01.020 Interested parties.

“Interested parties” means those persons or organizations who have responded to a request for comments by the city on a particular application or provided testimony at a public meeting or hearing, or the applicant. (Ord. 1227 § 4, 1996).

14.01.030 Notice of application.

“Notice of application” means the notice sent to the applicant and interested parties on Type II, III, and IV applications giving those persons an opportunity to comment on the matter. (Ord. 1227 § 5, 1996).

14.01.040 Notice of completeness.

“Notice of completeness” means the notice hand delivered or mailed to the applicant stating that the project permit application is complete or incomplete, and if incomplete, what is necessary to make it complete. (Ord. 1227 § 6, 1996).

14.01.050 Notice of decisions.

“Notice of decision” means the written decision of the decision-making body or the project permit provided to the applicant and all interested parties. (Ord. 1227 § 7, 1996).

14.01.060 Open record appeal hearing.

“Open record appeal hearing” means a hearing of an administrative appeal of a decision made by the director, conducted by the hearing examiner or the Uniform Building Code board of appeals, when an open record hearing on the project permit application was not held. (Ord. 1593-06 § 31, 2006; Ord. 1227 § 8, 1996).

14.01.070 Open record public hearing.

“Open record public hearing” means a hearing conducted by the hearing body authorized to conduct such hearing that creates the city’s record through testimony and submission of evidence and information as required by ordinances and rules. (Ord. 1227 § 9, 1996).

14.01.080 Public meeting.

“Public meeting” means a meeting of the planning commission on Type IV applications. The meetings are informal in nature and result in a recommendation to the city council. (Ord. 1227 § 10, 1996).

Chapter 14.02
TYPES OF PROJECT PERMIT APPLICATIONS

Sections:

14.02.010 Project permit types.

14.02.020 Determination of proper procedure type.

14.02.030 Project permit application framework.

14.02.040 Legislative decisions – Type V project permit applications.

14.02.050 Exemptions from project permit application processing.

14.02.060 Optional consolidated permit processing.

14.02.010 Project permit types.

For the purposes of project permit processing, all applications shall be classified as Type I, Type II, Type III, Type IV, or Type V. Legislative decisions are Type V actions and are addressed in Chapter 14.04 FMC. Exemptions from the project permit application process are contained in FMC 14.02.050. (Ord. 1227 § 12, 1996).

14.02.020 Determination of proper procedure type.

A. Determination by Director. The director shall determine the proper procedure for all project permit applications. If there is a question as to the appropriate type of procedure, the director shall resolve it in favor of the highest procedure type.

B. Decision-Maker. Applications processed in accordance with FMC 14.02.060 which have the same numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decision-maker. The city council is the highest decision-maker, followed by the hearing examiner and the Uniform Building Code board of appeals, then the planning commission, and last, the director. (Ord. 1593-06 § 32, 2006; Ord. 1227 § 13, 1996).

14.02.030 Project permit application framework.

A. Project Permit Types
Type I	Type II	Type III	Type IV	Type V
Building and Other Construction Permits (SEPA not required)	Building and Other Construction Permits (SEPA required)	Reasonable Use Exemption	Rezone	Comprehensive Plan Adoption and Amendments
Temporary Emergency Critical Areas Permit	Critical Areas Permit	Revocation of Permit	Developer Agreements	Development Regulation Adoption and Amendment
Lot Line Adjustments	Special Use Permit	Change of Nonconforming Use or Structure	Contract Zoning	Zoning Text Amendments
Special Event Permits		Conditional Use Permit	Revocation of Permit	Annexations
Sign Permits		Variance from Zoning Code	Shoreline Management Permit
		Variance from Sign Code	Planned Unit Development
			Special Use Combining District

B. Open Record Hearings and Judicial Review
	Type I	Type II	Type III	Type IV
Open Record Public Hearing	Appeal Hearing Hearing Examiner or UBC BOA	Appeal Hearing Hearing Examiner or UBC BOA	Hearing Examiner	City Council
Judicial Appeal	Pierce County Superior Court	Pierce County Superior Court	Pierce County Superior Court	Pierce County Superior Court

C. Project Permit Types
	Type I	Type II	Type III	Type IV
Recommendation By:	NA	NA	NA	Planning Commission
Final Decision Made By:	Administrative Approval	Administrative Approval or Planning Commission	Hearing Examiner	City Council
Notice of Application:	No	Yes	Yes	Yes
Notice of Completeness:	No	Yes	Yes	Yes
Comment Period:	No	Yes	Yes	Yes
120-Day Timeline:	Yes	Yes	Yes	Yes

(Ord. 1593-06 §§ 33, 34, 2006; Ord. 1317 § 6, 1998; Ord. 1227 § 14, 1996).

14.02.040 Legislative decisions – Type V project permit applications.

A. Exempt Decisions. The decisions listed below are legislative and are processed in accordance with Chapter 14.04 FMC. Legislative decisions are not subject to the procedures in Chapters 14.05, 14.06, 14.07, 14.08, 14.09 and 14.10 FMC, except as otherwise stated in Chapter 14.04 FMC.

1. Adoption of comprehensive plan or comprehensive plan amendments, including but not limited to area plans, capital improvement plans, and shoreline management plans;

2. Adoption of development regulations or development regulation amendments;

3. Area-wide rezones to implement new city policies;

4. Zoning text amendments;

5. Annexations. (Ord. 1227 § 15, 1996).

14.02.050 Exemptions from project permit application processing.

A. The following project permit applications are specifically excluded from the provisions of this title:

1. Street vacations;

2. Short plats;

3. Preliminary plats;

4. Final plats; and

5. Right-of-way permits.

B. Type I permits are exempt from the following provisions of this title:

1. FMC 14.03.020, Project permit applications;

2. FMC 14.03.040, Notice of application;

3. Chapter 14.06 FMC, Public notice, except as otherwise required by law;

4. FMC 14.08.080, Decision and notice of decision. (Ord. 1227 § 16, 1996).

14.02.060 Optional consolidated permit processing.

A. General. An applicant can choose to process two or more project permit applications concurrently. An application that involves two or more project permit application types shall be processed collectively under the highest permit type procedure required for any part of the application. Project permit applications processed under this section are subject to all the provisions of this title except as noted in FMC 14.02.060(C).

B. Application. An application shall fill out a master permit application and all necessary forms relating to each individual project permit as required by FMC 14.03.020.

C. Notice of Completeness. If an application choosing to consolidate permit applications receives a request from the city asking for additional information on one or more project permit applications, the applicant shall:

1. Provide the information as requested within 90 days of such request; or

2. Request in writing to the director that the related permits continue to be processed although the additional information has not been submitted as requested. The director can choose to continue processing one or more related permit applications as requested if feasible. The permit application that required additional information will be held for additional information and no further review or action will be undertaken by the city. If the requested information is not submitted within 90 days of the request, the permit application will be considered withdrawn. (Ord. 1227 § 17, 1996).

Chapter 14.03
TYPE I THROUGH TYPE IV PROJECT PERMIT APPLICATIONS

Sections:

14.03.010 Pre-application conference.

14.03.020 Project permit applications.

14.03.030 Submission and acceptance of applications.

14.03.040 Notice of application.

14.03.050 Referral and review of project permit applications.

14.03.010 Pre-application conference.

A. Applicants for Type III and IV project permits shall participate in a pre-application conference with the director. Applications for Type III and IV permits shall not be accepted by the city unless the applicant has participated in a pre-application conference or had that requirement waived by the director.

B. The conference shall be held within 15 days of the request unless the applicant agrees to a longer time period. The pre-application conference will be scheduled by the director.

C. The city shall provide the applicant with all available information pertinent to the project permit application process at the time of the pre-application conference. The discussion at the pre-application conference shall not bind or prohibit the city from future application or enforcement of all applicable law.

D. The fee for a pre-application conference shall be as stated in Chapter 3.80 FMC. (Ord. 1227 § 19, 1996).

14.03.020 Project permit applications.

Applications for project permits shall be submitted upon forms provided by the director. An application shall include all of the information required by the director and the FMC, and the applicable fee. (Ord. 1227 § 20, 1996).

14.03.030 Submission and acceptance of applications.

A. Notice of Completeness. Within 28 days after receiving a project permit application, the city shall mail or personally provide a written determination to the applicant which states either: (1) the application is complete; or (2) that the application is incomplete and what is necessary to make it completed.

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

C. Complete Application. A project permit application is complete for the purposes of this section when it meets the submission requirements contained in FMC 14.03.020. 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 notice of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice, or during project review, or when there are changes in the proposed action.

D. Incomplete Application Procedure.

1. If the applicant receives a determination from the city that an application is incomplete, the applicant shall have 90 days to submit the requested information to the city. Within 14 days after an applicant has submitted the requested information, the city shall make a determination as described in subsection (A) of this section.

2. If the applicant does not submit the requested information within 90 days, the application shall be considered withdrawn except as provided for in FMC 14.02.060.

3. In those situations where the application has lapsed because the applicant has failed to submit the required information within the necessary time period, the applicant may request a partial refund of the application fee. The applicant shall request the refund within 60 days after being notified that the application has been rejected. The city shall deduct from the permit fee the costs of processing the application to the date of the refund request.

E. City’s Failure to Provide a Notice 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) of this section.

F. Date of Acceptance. When the project permit application is complete, the director shall accept it and note the date of acceptance. (Ord. 1227 § 21, 1996).

14.03.040 Notice of application.

A. Generally. A notice of application shall be issued on all Type II, III and IV project permit applications except as noted in FMC 14.02.050 and 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 decision hearing is required.

C. Contents. The notice of application shall include:

1. The date of the 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 the project permits included in the application, and if applicable, a list of any studies requested;

3. The identification of other permits required for the project that are 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 the location where the application and any studies can be reviewed;

5. A statement of the limits of the public comment period, which shall not be less than 14 nor more than 30 days following the 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, place, and type of hearing, if applicable;

7. A statement of the preliminary determination of consistency, if one has been made at the time of the notice, and of those development regulations that will be used for project mitigation and consistency; and

8. Any other information determined to be appropriate by the city.

D. Time Frame for Issuance of Notice of Application.

1. Within 14 days after the city has issued a notice of completeness on a project permit application, the city shall issue a notice of application. The comment period on the notice of application will not begin until the project site is posted as required in Chapter 14.06 FMC.

2. If any open record predecision hearing is required for the requested project permit, the notice of application shall be provided at least 15 days prior to the open record hearing.

E. Public Comment on Notice of Application. All public comments received on the notice of application must be received by the director by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally delivered, or sent by facsimile and should be as specific as possible.

F. Recommendation or Determination. Except for a determination of significance and a determination of completeness, the city may not issue its threshold determination or issue a decision or recommendation on a project permit application until the expiration of the public comment period on the notice of application. (Ord. 1227 § 22, 1996).

14.03.050 Referral and review of project permit applications.

Within 10 days of issuing a notice of completion, the director may transmit a copy of the application, or the appropriate parts of the application, to each affected agency and city department for review and comment, including those agencies responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 working days from the mailing date to comment. The agencies and/or city departments are presumed to have no comments if comments are not received within the specified time period. The director may grant an extension of time for comments if the application involves unusual circumstances. (Ord. 1227 § 23, 1996).

Chapter 14.04
TYPE V LEGISLATIVE PERMIT PROCESS

Sections:

14.04.010 General.

14.04.020 Public hearing at planning commission.

14.04.030 Public hearing and decision at city council.

14.04.040 Appeal.

14.04.010 General.

Type V applications are for legislative decisions as stated in FMC 14.02.030(A). (Ord. 1227 § 25, 1996).

14.04.020 Public hearing at planning commission.

A. Type V applications require a public hearing at the planning commission in accordance with Chapter 14.08 FMC.

B. The planning commission shall make a written recommendation to the city council within 31 days of the public hearing. The recommendation shall state the supporting documentation for the recommendation. The written recommendation to the city council shall:

1. Recommend approval of the legislative action;

2. Recommend approval of the legislative action with stated modifications;

3. Recommend denial of the legislative action. (Ord. 1227 § 26, 1996).

14.04.030 Public hearing and decision at city council.

Type V applications require a public hearing at the city council held in accordance with that body’s established rules. The city council shall consider the recommendation of the planning commission and the public testimony in making the legislative decision. (Ord. 1227 § 27, 1996).

14.04.040 Appeal.

Except as otherwise provided for by law, the decision of the city council on Type V applications is subject to appeal as stated in FMC 14.10.070. (Ord. 1227 § 28, 1996).

Chapter 14.05
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA

Sections:

14.05.010 Determination of consistency.

14.05.020 Initial SEPA analysis.

14.05.030 Categorically exempt actions.

14.05.010 Determination of consistency.

A. Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and the comprehensive plan should be determined through this title and through Chapter 17.04 FMC.

B. Consistency. During project permit application review, the city shall determine if the application is consistent with the city’s development regulations and comprehensive plan as to the following:

1. The type of land use is permitted at the site, including conditional uses if criteria for approval have been satisfied;

2. The density of the development, in units per acre, floor area ratios, or other appropriate measures;

3. Available and adequacy of infrastructure and public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of those facilities;

4. Applicable development standards. (Ord. 1227 § 30, 1996).

14.05.020 Initial SEPA analysis.

A. The city shall also review the project permit application under the requirements of Chapter 17.04 FMC, the SEPA Rules, Chapter 197-11 WAC, and the State Environmental Policy Act, Chapter 43.21C RCW, and shall:

1. Determine whether the applicable regulations require studies that adequately analyze all of the project permit application’s specific probably adverse environmental impacts;

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

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

4. Provide 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 at the plan or development regulation level.

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

C. If the city bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection (A) of this section, the city shall not impose additional mitigation measures under SEPA during project review unless further information becomes available that was not known to the environmental officer at the time of approval of the initial conditions.

D. A comprehensive plan, development regulation, or other applicable local, state, or federal law may be deemed to provide adequate analysis and mitigation for the specific adverse environmental impacts of an application when the city has designated as acceptable certain levels-of-service and the proposal will not result in service below the designated level.

E. In its decision 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. 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 and mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws.

G. During environmental review, the city shall not reexamine alternatives to or hear appeals on the items identified in FMC 14.05.010 except for issues of code interpretation. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, storm drainage, the payment of impact fee, or other measures to mitigate a proposals probable adverse environmental impacts.

H. The director is responsible for code interpretation. In the event that there is an issue regarding the interpretation of a code section, the director shall make the interpretation and prepare a written summary of his decision. (Ord. 1227 § 31, 1996).

14.05.030 Categorically exempt actions.

Actions that are categorically exempt from SEPA do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt in accordance with Chapter 17.04 FMC cannot be conditioned or denied under SEPA. (Ord. 1227 § 32, 1996).

Chapter 14.06
PUBLIC NOTICE

Sections:

14.06.010 Required public notice of application.

14.06.020 Other public notice options.

14.06.030 Notice of open record public hearing.

14.06.010 Required public notice of application.

In addition to the notice of application for Type II, III, and IV project permit applications as described in Chapter 14.03 FMC, the city shall also provide public notice of a project permit application by posting the property.

A. Posting of the property is required for site specific proposals that require a notice of application. The applicant is required to purchase the required notice boards from the city and the city will post the notice boards as follows:

1. A minimum of one notice board is required for each frontage of a property. The notice board shall be placed at the midpoint of the property or as determined by the director. For properties with more than 200 feet of lineal frontage, the director shall determine if an additional notice board(s) is required.

2. Notice boards must be placed approximately five to 10 feet within the property line except when it is determined by the director to be more appropriate to structurally attach the notice to a building or when safety considerations require other placement.

3. The notice board must be erected where it is completely visible to pedestrians and passenger vehicles on adjacent public rights-of-way.

B. Notice boards shall be:

1. Installed by the city;

2. In place at least 30 days prior to the date of the hearing if one is required, or at least 15 days prior to the end of the notice period; and

3. Removed by the city within 15 days after the end of the notice period or the hearing date, whichever is later. (Ord. 1227 § 34, 1996).

14.06.020 Other public notice options.

A. The city may elect to distribute the notice of application in one or more of the following ways:

1. By publishing the notice in a newspaper of local circulation;

2. By notifying any citizen groups or agencies that have expressed an interest in project permit applications;

3. By including the notice in the city newsletter. (Ord. 1227 § 35, 1996).

14.06.030 Notice of open record public hearing.

A. The contents of published legal notices for open record public hearings for all application types shall include the following:

1. The name of the applicant or the applicant’s representative;

2. A description of the subject property in sufficient description to inform the public of the project location. An assessor’s parcel number alone is not considered sufficient to locate the property;

3. The nature of the proposed use or development and the name of the development if applicable;

4. The date, time, and place of the public hearing;

5. A statement that all interested persons may appear at the meeting and provide testimony or submit written comments by a specific date;

6. A statement that all information regarding the project can be examined at City Hall with the telephone number and address of City Hall listed; and

7. That a copy of the staff report will be available at City Hall approximately five days before the public hearing date for review.

B. Public hearing notices shall be mailed by the city to the following persons:

1. All property owners within 300 feet of the subject property. If the applicant owns property abutting the project site, all property owners within 300 feet of the abutting property shall also be notified.

2. Any person who submitted comments on the notice of application.

C. The public hearing notice shall include:

1. All of the information in subsection (A) of this section;

2. A map showing the location of the project site;

3. Any additional information the director chooses to provide. (Ord. 1227 § 36, 1996).

Chapter 14.07
PUBLIC MEETINGS AT THE PLANNING COMMISSION

Sections:

14.07.010 Applications requiring public meetings.

14.07.020 Notice of public meetings.

14.07.030 Decision on Type II applications.

14.07.040 Recommendations to city council on Type IV applications.

14.07.050 Additional information required.

14.07.010 Applications requiring public meetings.

The following project permit applications require public meetings at the planning commission:

A. Type II project permit applications subject to planning commission approval;

B. Type IV project applications;

C. Any other project permit applications as required by the director. (Ord. 1227 § 38, 1996).

14.07.020 Notice of public meetings.

The city shall notify by regular mail all persons who have commented on a project permit application and the project applicant as to the date and place of the public meeting on the application. (Ord. 1227 § 39, 1996).

14.07.030 Decision on Type II applications.

The planning commission shall take into consideration any comments on the application when making a decision on a Type II project permit application.

A. The planning commission shall make the decision on Type II project permit applications based on information presented by the public and by staff.

B. The planning commission can approve, conditionally approve, or deny an application. (Ord. 1227 § 40, 1996).

14.07.040 Recommendations to city council on Type IV applications.

A. The planning commission shall hold public meetings on Type IV project permit applications. The meeting shall be noticed as stated in FMC 14.07.020.

B. The planning commission shall make a written recommendation to the city council on all Type IV applications after a public meeting. The planning commission’s written recommendation to the city council shall be one of the following and shall state the reasons for the recommendation:

1. Recommend approval of the project permit application;

2. Recommend denial of the project permit application; or

3. Recommend approval with specific conditions. (Ord. 1227 § 41, 1996).

14.07.050 Additional information required.

If the planning commission, in consultation with the director, determines additional information is required on an application, the director shall request in writing the additional information from the applicant. (Ord. 1227 § 42, 1996).

Chapter 14.08
OPEN RECORD PUBLIC HEARINGS

Sections:

14.08.010 General.

14.08.020 Joint public hearings.

14.08.030 Responsibility of director for hearing.

14.08.040 Conflict of interest, ethics, open public meetings and appearance of fairness.

14.08.050 Ex parte communications.

14.08.060 Burden and nature of proof.

14.08.070 Order of proceedings.

14.08.080 Decision and notice of decision.

14.08.010 General.

Public hearings on all Type III, IV, and V project permit applications shall be conducted in accordance with this chapter. Public hearings on Type III project permit applications shall also be conducted in accordance with the appliable provisions of Chapter 2.92 FMC. (Ord. 1593-06 § 35, 2006; Ord. 1227 § 44, 1996).

14.08.020 Joint public hearings.

A. Director’s 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 local, state, regional, or federal agency on the proposed action; provided, that the hearing is held within the city limits and 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 hearings on a permit application be combined as long as the timing of the hearing allows the application to be processed within the time periods set out by this title. The director shall determine if the timing of the public hearing will meet with the requirements of this title. The applicant may agree to an extension of the time period to hold such a hearing.

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 agency’s 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 city’s hearing;

4. The hearing is held within the geographic boundary of the city. (Ord. 1227 § 45, 1996).

14.08.030 Responsibility of director for hearing.

The director shall:

A. Schedule an application for review and public hearing;

B. Give notice of the hearing as required by FMC 14.06.030;

C. Prepare the staff report on the application which shall be a single report stating all of the decisions and recommendations made as of the date of the report, including a recommendation on project permits in the consolidated permit process that do not require an open record hearing. The report shall state any mitigation required or proposed under the development regulations or the city’s authority under SEPA. If the threshold determination other than a determination of significance has not been previously issued by the city, the report shall include that determination;

D. Prepare the notice of decision, if one is required, and mail a copy of the notice to those required by this code to receive such decision. (Ord. 1227 § 46, 1996).

14.08.040 Conflict of interest, ethics, open public meetings and appearance of fairness.

The hearing body shall be subject to the code of ethics (RCW 35A.42.020), prohibitions on conflict of interest (RCW 35A.42.020 and Chapter 42.23 RCW), open public meetings (Chapter 42.30 RCW), and appearance of fairness (Chapter 42.36 RCW), as now exist or as amended. (Ord. 1227 § 47, 1996).

14.08.050 Ex parte communications.

A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before the body, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless the body provides notice and opportunity for all parties to participate.

B. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication by placing on the record the ex parte communications as follows:

1. All written communications received;

2. All written responses to the communications;

3. State the substance of all oral communications received and all responses made;

4. The identity of each person from whom the member of the hearing body received any ex parte communication.

The hearing body shall advise all parties that these matters have been placed on the record. Upon request made within 10 days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.

C. Disqualification. A member of the hearing body who is disqualified shall be counted for the purposes of a quorum. Any member who is disqualified must make full disclosure of the reason for being disqualified to the audience, abstain from voting on the proposal, vacate his or her seat on the hearing body, and physically leave the hearing. If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be requalified and shall proceed to hear the application. A member of the hearing body absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has had adequate time to review the evidence received. (Ord. 1227 § 48, 1996).

14.08.060 Burden and nature of proof.

Except for Type V land use applications, the burden of proof is on the proponent. The project permit application must be supported by proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan and that any significant environmental impacts have been adequately addressed. (Ord. 1227 § 49, 1996).

14.08.070 Order of proceedings.

The order of proceedings for a hearing will depend in part upon the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate.

A. Before receiving any information on the application, the following shall be determined:

1. Any objections on jurisdictional grounds shall be noted on the record and if there is an objection, the hearing body has the discretion to proceed or terminate the hearing.

2. Any abstentions or disqualifications shall be determined.

B. The presiding officer may take official notice of known information related to the application such as:

1. A provision of any ordinance, resolution, rule, officially adopted development standard or state law.

2. Other public records and facts judicially noticeable by law.

C. Matters officially noticed need not be established by evidence and may be considered by the hearing body in its determination. Parties requesting notice shall do so on the record. However, the hearing body may take notice of matters listed in subsection (2) of this section if stated for the record. Any matter given official notice may be rebutted.

D. The hearing body may view the project site only with notification to all of the parties and with the opportunity for all parties to attend the view, and shall place the time, manner, and circumstances of such view on the record.

E. Information shall be received from the staff and from proponents and opponents. The presiding officer may approve or deny a request from a person attending the hearing to ask a question. Unless the presiding officer specifies otherwise, if the request to ask a question is approved, the presiding officer will direct the question to the person submitting testimony.

F. When the presiding officer has closed the public hearing portion of the meeting, the hearing body shall openly discuss the issue and may further question a person submitting information or staff if opportunity for rebuttal is provided. (Ord. 1227 § 50, 1996).

14.08.080 Decision and notice of decision.

A. Following the hearing procedure, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse, or remand the decision that is on appeal.

B. The hearing body’s written decisions shall be issued within 31 days of the hearing on the project permit application. The notice of decision shall be issued within 120 days after the city notifies the applicant that the application is incomplete.

C. The city shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA and the procedures for administrative appeal, if any.

D. The notice of decision 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. (Ord. 1227 § 51, 1996).

Chapter 14.09
TIME PERIOD FOR
ISSUING NOTICE OF DECISION

Sections:

14.09.010 Exempt time periods.

14.09.020 Missed time limit.

14.09.030 Project permit application fees.

14.09.010 Exempt time periods.

In determining the number of days that have elapsed after the city has notified the applicant that the application is complete for purposes of calculating the time for issuance of a notice of decision, the following time 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 information.

1. The exempt period shall be calculated from the date the city notifies the applicant of the need for additional information until the requested information is provided. If the information is provided by the applicant and the city does not inform the applicant that the additional information is acceptable or unacceptable, the time clock will begin again 14 days after the information is submitted. If the applicant does not respond to the request for additional information within 90 days of the request, the project permit application shall be considered withdrawn. If there are two or more permits being processed concurrently under the consolidated permit option, all of the permits shall be considered withdrawn if information is not provided as requested.

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

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

C. 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 90 days for an open record appeal hearing unless all parties agree to an extension.

D. Any extension of time mutually agreed upon by the applicant and the city. (Ord. 1227 § 53, 1996).

14.09.020 Missed time limit.

If the city is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for the issuance of the notice of decision. (Ord. 1227 § 54, 1996).

14.09.030 Project permit application fees.

All project permit application fees as set out in Chapter 3.80 FMC shall be paid prior to a notice of decision or a permit being issued for a project. If the notice of decision or permit is ready for issuance within 120 days of the notice of completeness, but applicant has not paid all applicable fees, the city shall be deemed to be in compliance with the 120-day time limit for a decision as set out in this title. (Ord. 1227 § 55, 1996).

Chapter 14.10
APPEALS

Sections:

14.10.010 Appeals of decisions.

14.10.020 Consolidated appeals.

14.10.030 SEPA appeals.

14.10.040 Standing to initiate administrative appeal.

14.10.050 Appeal time limits.

14.10.060 Contents of appeal.

14.10.070 Effect of appeal.

14.10.080 Judicial appeal.

14.10.010 Appeals of decisions.

Project permit applications shall be appealable as provided in the framework in FMC 14.02.030. (Ord. 1227 § 57, 1996).

14.10.020 Consolidated appeals.

All appeals of project permit application decisions, other than an appeal of a determination of significance, shall be considered together in a consolidated appeal. An appeal of an environmental determination on procedural issues or substantive matters shall be heard by the hearing examiner. The open record appeal hearing shall be consolidated with a hearing or appeal on the underlying project permit application. (Ord. 1593-06 § 36, 2006; Ord. 1227 § 58, 1996).

14.10.030 SEPA appeals.

Appeals of environmental determinations under SEPA shall be as follows:

A. Appeals of determinations of nonsignificance and mitigated determinations of nonsignificance are appealable to the hearing examiner. Any appeal must be filed within 14 days of the close of the comment period;

B. Appeals shall be of the underlying project permit application together with its accompanying environmental determination;

C. Appeals of an environmental impact statement shall be to the city council as required by law;

D. Appeals of SEPA determinations other than environmental impact statements shall be subject to all of the provisions of this chapter. (Ord. 1593-06 § 37, 2006; Ord. 1227 § 59, 1996).

14.10.040 Standing to initiate administrative appeal.

A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a Type I or II permit decision.

B. “Parties of record” shall mean:

1. The applicant;

2. Any person who submitted written comments on a project permit application;

3. Any person who spoke at a public meeting on a project permit application. (Ord. 1227 § 60, 1996).

14.10.050 Appeal time limits.

All appeals to decisions made on Type I and II permits must be filed within 14 calendar days following the director or planning commission’s written decision on a project permit application. If the last day of the appeal period is a Saturday, Sunday, or city holiday, the filing must be completed by the close of the next business day. (Ord. 1227 § 61, 1996).

14.10.060 Contents of appeal.

An appeal shall including the following:

A. Appellant’s name, address and phone number;

B. Appellant’s statement describing his/her standing to appeal;

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

D. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;

E. The relief sought, including the specific nature and extent;

F. A statement that the appellant has read the appeal and believes the content to be true, followed by the appellant’s signature;

G. Payment of the appeal filing fee as set out in Chapter 3.80 FMC. (Ord. 1227 § 62, 1996).

14.10.070 Effect of appeal.

The timely filing of an appeal shall stay the effective date of the hearing body’s decision until such time the appeal is decided or withdrawn. (Ord. 1227 § 63, 1996).

14.10.080 Judicial appeal.

The city’s final decision on an application may be appealed by a party of record with standing to the Pierce County superior court. A petition for a judicial appeal must be filed within 21 days of the issuance of the decision. (Ord. 1227 § 64, 1996).