Title 19
ADMINISTRATIVE PROCEDURES

Chapters:

19.07 Types of Project Permit Applications

19.09 Type I – IV Project Permit Applications

19.11 Public Notice

19.13 Consistency with Development Regulations and SEPA

19.15 Appeal Procedures

19.17 Comprehensive Plan Amendment Procedures

Chapter 19.07
TYPES OF PROJECT PERMIT APPLICATIONS

Sections:

19.07.010 Procedures for processing project permits.

19.07.020 Determination of proper procedure type.

19.07.030 Project permit/approval application framework.

19.07.040 Joint public hearings.

19.07.050 Legislative decisions.

19.07.060 Exemptions from project permit application processing.

19.07.070 Administrative interpretations.

19.07.080 Definitions.

19.07.010 Procedures for processing project permits.

For the purpose of project permit processing, all development permit applications shall be classified as one of the following: Type I, Type II, Type III or Type IV. Legislative decisions are Type V actions, and are addressed in NMC 19.07.050. Exemptions from the requirements of project permit application processing are contained in NMC 19.07.060. (Ord. 97-153 Exh. A).

19.07.020 Determination of proper procedure type.

A. Determination by Director. The director or his/her designee shall determine the proper procedure for all development applications. If there is a question as to the appropriate type of procedure, the director shall resolve it in favor of the higher procedure type number.

B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedures option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure.

C. SEPA Review. SEPA review shall be conducted concurrently with development project review. The following are exempt from concurrent review:

1. Projects categorically exempt from SEPA;

2. Components of previously completed planned actions, to the extent permitted by law and consistent with the EIS for the planned action.

D. Decisionmaker(s). Applications processed in accordance with subsection (B) of this section which have the same highest numbered procedure but are assigned different hearing bodies shall be heard collectively by the highest decisionmaker(s). The city council is the highest, followed by the hearing examiner or planning commission, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to NMC 19.07.040.

E. Hearings. Project permits are allowed only one open record hearing and one closed record appeal hearing, except for the appeal of a determination of significance. (Ord. 97-153 Exh. A).

19.07.030 Project permit/approval application framework.

Project Permit/Approval Type
Type I	Type II	Type III	Type IV	Type V	Type VI
Temporary use permit Temporary sign permit for those not exempted by NMC 18.20.110 Preliminary plat extension Boundary line adjustment Code interpretation Miscellaneous administrative decisions	Preliminary and final short plat Binding site plan Type II home occupation permit Home industry permit Variance – director approval Site plan review Wireless communications facility (WCF) permit Vacation of recorded short subdivision Alteration of short subdivisions Residential condominium binding site plan review	Conditional use permits Special use permits Variance – hearing examiner approval	Subdivisions – final plats Subdivisions – preliminary plats Sensitive areas exceptions for public agencies or utilities Sensitive areas reasonable use exception Vacation of recorded subdivisions Alteration of recorded subdivisions Site-specific rezone Preliminary planned unit development Final planned unit development	Zoning code amendment (text) Zoning map amendment Adoption of the development regulations and amendments Adoption of the comprehensive plan and amendments Annexations	Zoning code amendment (text) Adoption of development regulations and amendments

Project Permit/Approval Procedures
	Type I	Type II	Type III	Type IV	Type V	Type VI
Final decision made by	Director	Director	Hearing examiner	City council	City council	City council
Notice of permit application/final decision	No	Yes	Yes	Yes	No	No
Open record public hearing	No	No	Yes, before the hearing examiner to render final decision	Yes, before the hearing examiner (except for final subdivisions and final planned unit developments)	Yes, before the planning commission to make recommendations to city council	Yes, before the city council or the planning commission at the city council’s option
Closed record appeal hearing	Yes, before the hearing examiner	Yes, before the hearing examiner	Yes, before the city council	No	No	No
Judicial appeal	King County superior court	King County superior court	King County superior court	King County superior court	Growth Management Hearings Board	Growth Management Hearings Board

(Ord. 2005-304 § 1; Ord. 2002-254 § 10; Ord. 2001-247 § 8; Ord. 2000-222 § 5; Ord. 2000-213 § 1; Ord. 97-153 Exh. A).

19.07.040 Joint public hearings.

A. Director’s Decision to Hold Joint Hearing. The director may combine any public hearings 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 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 joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.

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

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

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

3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city’s hearing; and

4. The hearing is held within the geographic boundary of the city. (Ord. 97-153 Exh. A).

19.07.050 Legislative decisions.

A. Decisions. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified:

1. Zoning code amendments;

2. Adoption of development regulations and amendments;

3. Zoning map amendments;

4. Adoption of the comprehensive plan and any plan amendments; and

5. Annexations.

B. Planning Commission. The planning commission shall hold a public hearing and make recommendations to the city council on the decisions listed in subsections (A)(1) through (5) of this section.

C. City Council. The city council may hold a public hearing on the decisions listed in subsection (A) of this section prior to passage of an ordinance or entry of a decision.

D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in NMC 19.11.030. (Ord. 97-153 Exh. A).

19.07.060 Exemptions from project permit application processing.

A. Whenever a permit or approval in the Newcastle Municipal Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title:

1. Landmark designations;

2. Street vacation;

3. Street use permits.

B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other construction permits, or similar administrative approvals which are categorically exempt from environmental review under SEPA (Chapter 43.21C RCW) and NMC Title 14 (SEPA), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the following procedures:

1. Determination of completeness, NMC 19.09.030(A);

2. Notice of application, NMC 19.09.040;

3. Except as provided in RCW 36.70B.140, optional consolidated project permit review processing, NMC 19.07.020(B)(1);

4. Joint public hearings, NMC 19.07.040;

5. Single report stating all the decisions and recommendations made as of the date of the report that do not require an open record hearing pursuant to RCW 36.70B.060(5);

6. Notice of decision, NMC 19.09.050;

7. Completion of project review within any applicable time periods (including the 120-day permit processing time), NMC 19.09.050(A). (Ord. 97-153 Exh. A).

19.07.070 Administrative interpretations.

Unless otherwise specified and except for other agencies with authority to implement specific provisions of this title, the director is delegated the authority to issue official interpretations of all development regulations. (Ord. 97-153 Exh. A).

19.07.080 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

A. “Closed record appeal hearing” means an administrative appeal on the record following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

B. “Director” means the planning and land use services administrator or his/her designees unless another department or agency is in charge of the project permit in which case it refers to the chief administrative officer of that department or agency.

C. “Miscellaneous administrative decisions” include, but are not limited to, the reduction of standard wetland buffer widths, Standard Industrial Code (SIC) interpretations, nonspecified land use parking requirements, and adjustments to parking and bike facility requirements.

D. “Open record hearing” means a hearing conducted by a single hearing body or officer that creates the record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a project permit to be known as an “open record predecision hearing”. An open record hearing may be held on an appeal, to be known as an “open record appeal hearing”, if no open record predecision hearing has been held on the project permit.

E. A “planned action” is one or more types of project actions that:

1. Are designated planned actions by an ordinance or resolution adopted by the city;

2. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

a. The comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or

b. A fully contained community, a master planned resort, a master planned development or a phased project;

3. Are subsequent or implementing projects for the proposals listed in subsection (E)(2)(b) of this subsection;

4. Are located within an urban growth area, as defined in RCW 36.70A.030;

5. Are not essential public facilities, as defined in RCW 36.70A.200;

6. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW.

F. “Project permit or project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to subdivisions, conditional uses, permits or approvals required by critical area ordinances, site-specific rezones authorized by the comprehensive plan or a subarea plan, but excluding the adoption or amendment of the comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

G. “Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to a decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file. (Ord. 97-153 Exh. A).

Chapter 19.09
TYPE I – IV PROJECT PERMIT APPLICATIONS

Sections:

19.09.010 Preapplication conference.

19.09.020 Project permit application – Conformance with submittal requirements.

19.09.030 Submission and acceptance of application.

19.09.040 Notice of application.

19.09.050 Notice of final decision.

19.09.060 Substantial revisions or modifications to proposal.

19.09.010 Preapplication conference.

A. A preapplication conference is required for permit Types II, III and IV. Applications shall not be accepted by the director unless the applicant has scheduled and attended a preapplication conference to acquaint the applicant with requirements for a complete application. Preapplication conferences for all other types of applications are optional.

B. The director shall establish procedures, reasonable schedules, and staff participation for preapplication conferences.

C. The discussions at the conference shall not bind or prohibit the city’s future application or enforcement of all applicable law since it is impractical for a preapplication conference to be an exhaustive review of all potential issues. (Ord. 97-153 Exh. A).

19.09.020 Project permit application – Conformance with submittal requirements.

A project permit application for preliminary subdivisions and short subdivisions is complete when it meets the submittal requirements specified in NMC 17.60.045 and 17.35.020, respectively, including payment of any application fees and/or development deposits when required. Other project permit applications are complete when they meet the submittal requirements as approved by the city council. The director may eliminate certain submittal requirements where deemed necessary. (Ord. 2000-213 § 2; Ord. 97-153 Exh. A).

19.09.030 Submission and acceptance of application.

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

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 required by subsection (A) of this section.

C. “Complete” Application/Additional Information. A project permit application is complete for purposes of this section when it meets the submission requirements in NMC 19.09.020, as well as the submission requirements contained in the applicable development regulations. 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 information is required or where there are substantial changes in the proposed action.

D. Incomplete Application Procedure.

1. If the applicant receives a determination from the city that an application is not complete, the applicant shall have 60 days to submit the necessary information to the city. The director may extend this time period an additional 30 days upon written request of the applicant prior to the expiration of the 60-day period, if the director finds that the inability to submit the information within the 60-day period is beyond the applicant’s control. Within 14 days after an applicant has submitted the requested additional information, the city shall make the determination as described in subsection (A) of this section, and notify the applicant in the same manner.

2. If the applicant either refuses in writing to submit additional information or does not submit the required information within the 60-day period, the application shall lapse.

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) of this section.

F. Date of Acceptance of Application. When the project permit application is complete, the director shall accept it and note the date of acceptance.

G. The applicant shall designate a single person or entity to receive determination and notices required by this chapter. The single person or entity shall also be the designee for any contact regarding permit activity. (Ord. 97-153 Exh. A).

19.09.040 Notice of application.

A notice of application shall be issued on all Type II, III and IV project permit applications in accordance with the provisions of NMC 19.11.010 and 19.11.020. (Ord. 97-153 Exh. A).

19.09.050 Notice of final decision.

A. Time Limits for Type I, II, III and IV Project Permit Applications.

1. Except for provisions governing the review of preliminary, final and short plats in RCW 58.17.140, the city shall issue a notice of final decision on a project permit application within 120 days after the applicant is notified that the application is complete for Type I, II, III and IV project permit applications.

2. The city shall exclude the following periods from the 120-day requirement:

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 of a city letter notifying the applicant of the need for additional information until the date no more than 14 days after the applicant has submitted the requested information. The city shall determine if the information submitted is sufficient. If the information is not sufficient, this process will begin again;

b. Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance;

c. Any period for which the applicant has failed to pay the applicable fees and review costs of the city, after receiving 30 days’ written notice of the same from the city; and

d. Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed.

B. Final Notice Distribution. The city shall provide a notice of decision that also includes a statement of any SEPA threshold determination made and the procedures for administrative appeal. The notice shall be provided to the applicant and any person who, prior to the rendering of the decision, requested notice of decision or submitted substantive comments on the application.

C. The city shall provide written findings to the applicant that a specified amount of additional time is needed if the final decision is not issued within specified time limits. The written findings shall state the reasons why and the estimated date of decision.

D. Exemptions. The following project permits are exempt from the time limits established in this section:

1. An amendment to the comprehensive plan or development regulation;

2. Approval of a new fully contained community as provided in RCW 36.70A.350, master planned resort as provided in RCW 36.70A.360, or siting of an essential public facility as provided in RCW 36.70A.200;

3. Projects that have been substantially revised by the applicant pursuant to NMC 19.09.060;

4. Exemptions pursuant to NMC 19.07.060(A) and (B);

5. Any extension of time mutually agreed upon in writing by the applicant and the city. (Ord. 2005-304 § 2; Ord. 97-153 Exh. A).

19.09.060 Substantial revisions or modifications to proposal.

A. A revision or modification to the content of an application before or after issuance of the permit, either voluntarily or to conform with applicable standards and requirements, shall be deemed a new application for the purpose of vesting when the revision or modification would result in a substantial increase in a project’s impacts as determined by the director. In reaching a decision on whether a revision is substantial, the director may consider the relative and absolute magnitude of the revision; the environmental sensitivity of the site; any changes in location of significant elements of the project and their relationships to public facilities, surrounding lands and land uses; and the review cycle of the proposal.

B. Written notice of such determination of substantial revision or modification shall be provided to the applicant and any person who requested notice of decision or submitted substantive comments on the application.

C. A determination that any revision or modification is substantial shall conform to the time periods set forth in NMC 19.09.050(A). The review cycle for the revised project application shall begin with the date the revised project application is determined to be complete. The revised project application shall be subject to all laws, regulations, and standards in effect on the date of receipt of such complete substantial revision.

D. Additional Information Required.

1. If the applicant receives a determination from the city that additional information is required to continue processing a complete application, the applicant shall have 60 days to submit the necessary information to the city. The director may extend this time period an additional 30 days upon written request of the applicant prior to the expiration of the 60-day period, if the director finds that the inability to submit the information within the 60-day period is beyond the applicant’s control. Within 14 days after an applicant has submitted the requested additional information, the city shall determine whether the information submitted is sufficient for continued processing.

2. If the applicant either refuses in writing to submit additional information or does not submit the required information within the 60-day period, the application shall lapse. (Ord. 2000-213 § 3; Ord. 97-153 Exh. A).

Chapter 19.11
PUBLIC NOTICE

Sections:

19.11.010 Required public notice of application.

19.11.020 Optional public notice.

19.11.030 Notice of public hearing.

19.11.040 Notice methods.

19.11.050 Notice of final decision.

19.11.010 Required public notice of application.

A. Notice of Application for Type II, III and IV Project Permits. Notice of application for Type II, III and IV project permits is required in accordance with this chapter. The city shall publish, post and mail public notice of a project permit application as provided in NMC 19.11.040.

1. Contents. The notice of application shall include:

a. The file number;

b. The name of the applicant;

c. The date of application, the date of the notice of completion for the application and the date of the notice of application;

d. 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 NMC Title 14, Environment;

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

f. A site plan, if applicable;

g. 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;

h. A statement of the limits of the public comment period, which shall be 30 days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;

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

j. A statement of the preliminary determination of consistency, if one has been made at the time of notice, and of those development regulations that will be used for project mitigation and consistency as provided in Chapter 19.13 NMC;

k. 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;

l. Identification of the responsible city official;

m. For a preliminary plat or short plat, the name and total area of the proposed plat, the number of proposed lots and typical lot sizes, and the proposed use.

2. Time Frame for Issuance of Notice of Application.

a. Within 14 days after the city has made a determination of completeness of a project permit application, the city shall issue a notice of application.

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

3. Public Comment on the Notice of Application.

a. The public comment period for a notice of application shall be 30 days after notice issuance.

b. All public comments received on the notice of application must be received in the planning and land use services department by 5:00 p.m. on the last day of the comment period. Comments must be in writing, and may be mailed or personally delivered. Comments should be as specific as possible.

4. SEPA Threshold Determination Issuance and Notice of Application.

a. Except for a determination of significance, the city may not issue its threshold determination or issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application.

b. If the city issues a determination of significance pursuant to NMC Title 14, Environment, concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. The determination of significance and scoping notice may be issued prior to the notice of application.

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 predecision hearing is required. (Ord. 97-153 Exh. A).

19.11.020 Optional public notice.

As optional methods of providing public notice of any project permits, in addition to the required notice methods, the city may:

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

B. Notify the news media;

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

D. Publish notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas.

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. 97-153 Exh. A).

19.11.030 Notice of public hearing.

A. The notice of a public hearing is required for Type V actions and for those Type III and IV permits that did not include a scheduled hearing date in the notice of application. The city shall provide public notice of a public hearing for a Type V action by publishing as provided in NMC 19.11.040(B). The city shall provide notice of a public hearing for those Type III and IV permits that did not include a scheduled hearing date in the notice of application by publishing, posting and mailing notice as provided in NMC 19.11.040.

B. Content of Notice of Public Hearing. The notice given of a public hearing required in this title shall contain:

1. File number;

2. The name and address of the applicant or the applicant’s representative;

3. The date, time and place of the hearing;

4. A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to the use of a map or postal address and a subdivision lot and block designation;

5. For hearings on preliminary plats, the name and total area of the proposed plat, the number of proposed lots and typical lot sizes, and the proposed use;

6. The nature of the proposed use of development;

7. A statement that all interested persons may appear and provide testimony;

8. When information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted;

9. The name of a local government representative to contact and the telephone number where additional information may be obtained;

10. A statement that a copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost;

11. A statement that a copy of the staff report will be available for inspection at no cost. (Ord. 97-153 Exh. A).

19.11.040 Notice methods.

A. Posted Notice. Posting of the property for site specific proposals shall consist of the following:

1. A single notice board shall be placed by the applicant:

a. At the midpoint of the site street frontage or as otherwise directed by the city for maximum visibility;

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 department;

c. So that the top of the notice board is between seven to nine feet above grade; and

d. Where it is completely visible to pedestrians.

2. Additional notice boards may be required by the director when:

a. The site does not abut a public road;

b. A large site abuts more than one public road; or

c. The director determines that additional notice boards are necessary to provide adequate public notice.

3. Notice boards shall be:

a. Maintained in good condition by the applicant during the notice period;

b. In place at least 15 days prior to the date of hearing, or at least 15 days prior to the end of any required comment period;

c. Removed within 15 days after the end of the notice period.

4. Removal of the notice board prior to the end of the notice period may be cause for discontinuance of the project review until the notice board is replaced and remains in place for the specified time period.

5. An affidavit of posting shall be submitted to the director by the applicant prior to the hearing or final comment date. If the affidavits are not filed as required, any scheduled hearing or date by which the public may comment on the application, will be postponed in order to allow compliance with this notice requirement.

6. Notice boards shall be constructed and installed in accordance with specifications promulgated by the director.

7. Posting, including the expenses, shall be the responsibility of the applicant.

B. Published Notice. Notice of a proposed action shall be published by the city at least 15 days prior to the public hearing or the end of any required comment period in the official city newspaper or another newspaper of general circulation in the affected area.

C. Mailed Notice. Mailed notice for proposed action shall:

1. Be sent by the director by first class mail to owners of property according to the records of the King County assessor’s office in an area within 500 feet of the site, and at least 15 days prior to the public hearing or the end of any required comment period. For a hearing on a preliminary plat, the notice shall also be mailed to:

a. Any city located within one-half mile of any boundary of the subject property,

b. Any city or district which has a utility which is proposed to serve the plat, and

c. The State Department of Transportation where the plat or part thereof adjoins a state right-of-way or King County where the plat or part thereof adjoins a county right-of-way;

2. Be considered supplementary to posted or published notice;

3. Be deemed satisfactory despite the failure of one or more owners to receive mailed notice. (Ord. 97-153 Exh. A).

19.11.050 Notice of final decision.

A. Notice of final decision is required for Type II, III and IV project permits. The city shall publish notice of a project permit final decision no later than seven days after the date of the decision and as provided in NMC 19.11.040. The city shall mail public notice of a project permit final decision to the applicant and other interested parties who have requested in writing to be notified of the final decision no later than seven days after the date of the decision.

B. Except for provisions governing the review of preliminary, final and short plats in RCW 58.17.140 and as provided for in 19.09.050(A)(2), the notice of final decision shall be issued within 120 days after the city notifies the applicant that the application is complete.

C. The city shall provide a notice of final decision that also includes a statement of any threshold determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative appeal, if any. The notice of final decision may be a copy of the report or decision on the project permit application. (Ord. 2000-213 § 4; Ord. 97-153 Exh. A).

Chapter 19.13
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA

Sections:

19.13.010 Determination of consistency.

19.13.020 Initial SEPA analysis.

19.13.030 Categorically exempt and planned actions.

19.13.010 Determination of consistency.

A. Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable regulations and comprehensive plan should be determined through the process in this chapter and the city’s adopted SEPA ordinance, Chapter 14.05 NMC.

B. Consistency. During project permit application review, the city shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project. In the absence of applicable development regulations, the city shall determine whether the items listed in this subsection are defined in the city’s adopted comprehensive plan. This determination of consistency shall include 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 in urban growth areas, 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 development standards. (Ord. 97-153 Exh. A).

19.13.020 Initial SEPA analysis.

A. The city shall also review the project permit application under the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and Chapter 14.05 NMC, 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 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 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 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 and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

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 under SEPA during project review.

D. A comprehensive plan, development regulation or other applicable local, state or federal law provides 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 whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction 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 or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW. (Ord. 97-153 Exh. A).

19.13.030 Categorically exempt and planned actions.

A. Categorically Exempt. Actions categorically exempt under Chapter 43.21C.110(1)(a) RCW do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA.

B. Planned Actions.

1. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.

2. A planned action means one or more types of project action that:

a. Are designated planned actions by an ordinance or resolution adopted by the city;

b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

i. The comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or

ii. A fully contained community, a master planned resort, a master planned development or a phased project;

c. Are subsequent or implementing projects for the proposals listed in subsection (B)(2)(b) of this section;

d. Are located within an urban growth area, as defined in RCW 36.70A.030;

e. Are not essential public facilities, as defined in RCW 36.70A.200;

f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW.

C. Limitations on Planned Actions. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.

D. Limitations on SEPA Review. During project review, the city shall not reexamine alternatives to or hear appeals on the items identified in NMC 19.13.010(B), 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, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. (Ord. 97-153 Exh. A).

Chapter 19.15
APPEAL PROCEDURES

Sections:

19.15.010 Appeals of administrative decisions.

19.15.020 Procedures.

19.15.030 Judicial appeal.

19.15.040 Procedural irregularity.

19.15.010 Appeals of administrative decisions.

The procedures set forth in this chapter shall apply to all appeals to the hearing examiner or to the city council that are authorized by the Newcastle Municipal Code, unless a conflicting procedure or action is required by the code provision authorizing the appeal. (Ord. 97-153 Exh. A).

19.15.020 Procedures.

A. An administrative appeal of a project decision and of any environmental determination issued at the same time as the project decision, shall be filed with the city clerk within 14 days after the notice of the decision or after other notice that the decision has been made and is appealable. The fee established by the city shall also be filed with the city within this time frame. The appeal period shall be extended for an additional seven days, if public comment is allowed on a determination of nonsignificance issued as part of the appealable project permit decision.

B. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee, and contain the following information:

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

2. Appellant’s statement describing his or her standing to appeal;

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

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

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

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

C. Upon timely receipt of a notice of appeal and fee, the city clerk shall set the matter for a hearing before the appropriate appeal body.

D. The city clerk shall provide notice of the hearing at which the appeal shall be considered at least 15 calendar days prior to the hearing, or as otherwise provided by law. The hearing notice shall be provided by:

1. Posting notice as provided in NMC 19.11.040(A);

2. Publishing notice as provided in 19.11.040(B);

3. Mailing notice to the appellant, to the applicant, and to any person who requested notice of decision or submitted substantial comments on the application.

E. The time period for considering and deciding an appeal shall not exceed 90 days for an open record appeal hearing or 60 days for a closed record appeal. The parties to an appeal may agree to extend these time periods.

F. The appeal body shall render a decision based upon the written record of the previous proceedings, including, but not limited to, written materials, exhibits and minutes. The appeal body may consider a tape recording of the previous proceedings. The appeal body may hear oral argument from the appellant, the applicant if the appellant is not the applicant, and the city. The appeal body may affirm the decision, reverse the decision, affirm the decision with modification, or remand the decision to the decision maker for further consideration. The appeal body shall affirm the decision unless from a review of the record it is determined the decision being appealed meets one of the standards set forth in (1) through (6) of this subsection:

1. The body or officer that made the decision engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;

2. The decision is an erroneous interpretation by the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise;

3. The decision is not supported by evidence that is substantial when viewed in light of the whole record;

4. The decision is a clearly erroneous application of the law to the facts;

5. The decision is outside the authority or jurisdiction of the body or officer making the decision;

6. The decision violates the constitutional rights of the party seeking relief.

G. The appeal body shall issue a written decision on the appeal containing a statement of the decision on appeal, including any conditions, a statement of the facts upon which the decision is based and the conclusions of law derived from these facts; and a statement of the right of an affected party to appeal the decision of the appeal body.

H. If a permit is granted, the city official administering the permit may allow the applicant to begin all or a portion of the construction or commence all or a portion of the operations during the pendency of any appeal; provided, that such construction or operation is begun at the applicant’s own risk. If the decision being appealed is reversed or modified, the applicant may be required to remove or alter any development or action inconsistent with the final decision and/or restore the environment to its pre-existing condition. (Ord. 97-153 Exh. A).

19.15.030 Judicial appeal.

An appeal from the decision of the appeal body for which no other administrative appeal is provided, shall be filed and served within 21 days of the issuance of the decision in accordance with Chapter 36.70C RCW. (Ord. 97-153 Exh. A).

19.15.040 Procedural irregularity.

No procedural irregularity or informality in the notice, consideration, hearing or other matter relating to the decision or the appeal shall affect the final decision, or any other action leading to the final decision, unless substantial rights of a person with demonstrable beneficial interests are adversely affected and unless objection is made to the city at the earliest possible time after discovery. (Ord. 97-153 Exh. A).

Chapter 19.17
COMPREHENSIVE PLAN AMENDMENT PROCEDURES

Sections:

19.17.010 Who may propose an amendment.

19.17.020 When to propose an amendment.

19.17.030 How to propose an amendment.

19.17.040 Selection of amendments to be considered.

19.17.050 Review of selected amendments.

19.17.060 Council public hearing and notice.

19.17.070 Council action.

19.17.080 Map revisions.

19.17.090 Revocation.

19.17.100 Emergency amendments.

19.17.110 Appeals.

19.17.120 Transmittal to state.

19.17.010 Who may propose an amendment.

Anyone may propose an amendment to the comprehensive plan. (Ord. 98-172 § 1).

19.17.020 When to propose an amendment.

Proposed amendments may be submitted at any time during the year. However, amendments proposed by members of the public after July 15th of each year shall not be considered until the following year’s plan amendment cycle. Amendment cycles shall be no more frequent than once per year, except that amendments may be considered more frequently for the following:

A. The initial adoption of a subarea plan;

B. The adoption or amendment of a shoreline master program under procedures of Chapter 90.58 RCW;

C. To resolve an appeal filed with the Growth Management Hearings Board or with the court; and

D. As allowed by Chapter 36.70A RCW, as now existing and as amended in the future. (Ord. 2005-304 § 3; Ord. 98-172 § 1).

19.17.030 How to propose an amendment.

A proposed amendment must be submitted in writing to the department of community development. A proposed amendment shall consist of at least the following information:

A. A description of the proposal, including any relevant background material;

B. Reference to the element(s) of the comprehensive plan or development regulation that is proposed for amendment;

C. Proposed amendatory language;

D. An explanation of why the amendment is proposed;

E. A description and/or map of the property affected by the proposal; and

F. The appropriate fee, as established by resolution, except that there shall be no charge for a request made by a city department or officer of any government entity. (Ord. 98-172 § 1).

19.17.040 Selection of amendments to be considered.

A. Planning Commission Selection Process. The department of community development will submit all proposed amendments received by February 1st to the planning commission. The planning commission shall recommend to the city council which proposed amendments should be considered for further review that year. The planning commission may modify a proposed amendment during the selection process. The planning commission shall hold a public hearing before it decides which proposed amendments should be recommended for consideration that year. Notice of the hearing shall be given by publication in the city’s official newspaper a minimum of 15 days before the scheduled hearing.

B. Selection Criteria. The planning commission will recommend to the city council which proposed amendments should be considered for further review based on the following criteria:

1. Consideration of the previous record if the amendment was reviewed and denied during a previous comprehensive plan review;

2. The proposed amendment advances goals and policies of the comprehensive plan;

3. The proposed amendment is consistent with the goals and regulations of the Growth Management Act;

4. The relationship of the proposed amendment to other city codes and regulations; and

5. The cumulative effects of all requests for plan amendments.

C. Schedule. After selection of the proposed amendments to be considered, the planning commission will recommend a schedule to the city council that identifies timelines for plan amendment tasks and a schedule and procedures for public participation in accordance with RCW 36.70A.140.

D. City Council Decision. Based on recommendations from the planning commission, the council will identify those proposed amendments it will consider for adoption in that year’s adoption process and will establish a plan amendment schedule. The council may modify a proposed amendment during the selection process. The council’s decision to consider a proposed amendments does not preclude later council action to add, delete, or modify the amendment. (Ord. 2001-248 § 47; Ord. 98-172 § 1).

19.17.050 Review of selected amendments.

A. Written Analysis. For each proposed amendment that the council approves for consideration, the lead department, as determined by the city manager, will prepare a written analysis for the planning commission. The analysis will be accompanied by a recommendation that the proposed amendment be approved, denied, or changed and approved.

B. SEPA Review. All applicants shall be responsible for the costs of SEPA review for the proposed amendment, including the preparation of an environmental impact statement, if necessary. SEPA review shall be completed before the lead department submits its analysis to the planning commission.

C. Planning Commission Review. Subsequent to completion of the analysis prepared by the lead department and the SEPA Review, if required, the planning commission shall conduct one or more public hearings. The planning commission shall also solicit comments regarding the proposed amendment(s) from the public or from government agencies in any other manner it determines necessary and appropriate to the nature of the proposed amendment and consistent with RCW 36.70A.140. The notice and public hearing for proposed comprehensive plan or development regulation amendments may be combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the planning commission. Written comments may be given by anyone to the planning commission regarding proposed plan amendments.

D. Review Criteria. By the date established by the council in NMC 19.17.040(C), a comprehensive plan or development regulation amendment may be approved or approved with modifications, subject to the following:

1. Each amendment:

a. Shall not adversely affect public health, safety, or welfare in any significant way.

b. Shall be consistent with the overall goals and intent of the comprehensive plan.

c. Shall be in compliance with the Growth Management Act and other state and federal laws.

d. Must be weighed in light of cumulative effects of other amendments being considered.

2. In addition to the above mandatory requirements, any proposed amendment must meet the following criteria unless compelling reasons justify its adoption without meeting them:

a. Addresses needs or changing circumstances of the city as a whole or resolves inconsistencies between the city of Newcastle comprehensive plan and other city or other jurisdictions’ plans or ordinances.

b. Environmental impacts have been disclosed and/or measures have been included that reduce possible adverse impacts.

c. Is consistent with the land uses and growth projections which were the basis of the comprehensive plan or to subsequent updates to growth allocations.

d. Is compatible with neighboring land uses and surrounding neighborhoods, if appropriate.

e. Is consistent with other plan elements and the overall intent of the comprehensive plan.

Any compelling reasons relied upon to justify adopting an amendment without meeting the above criteria must be specified in the ordinance adopting the amendment. Where an amendment to the comprehensive plan is granted by the city council and a subsequent rezone or amendment to development regulations is required, the planning commission may consider them and make recommendations to the city council for consideration concurrent with the final approval of the comprehensive plan. (Ord. 98-172 § 1).

19.17.060 Council public hearing and notice.

The city council will review the recommendations of the planning commission and may hold a public hearing for the purpose of receiving public comment regarding the merits of proposed amendments that have been recommended by the planning commission. Notice of the hearing will be given in the same manner as notice of other city council hearings. The notice and public hearing for proposed comprehensive plan or development regulation amendments may be combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the city council. Written comments may be given by anyone to the city council regarding proposed plan amendments. (Ord. 98-172 § 1).

19.17.070 Council action.

Upon receipt of a recommendation from the planning commission, the city council shall either adopt, adopt as modified by the council, reject or remand the proposed amendment to the planning commission for further consideration. (Ord. 98-172 § 1).

19.17.080 Map revisions.

If the city council approves a change in a designation, the city council shall adopt an ordinance that makes the changes on the official comprehensive plan map, if appropriate. (Ord. 98-172 § 1).

19.17.090 Revocation.

The comprehensive plan amendment may be reversed by the city council outside of the regular amendment period upon the finding of any of the following:

A. The approval was obtained by fraud or other intentional or misleading representations;

B. The amendment is being implemented contrary to the intended purpose of the amendment or other provisions of the comprehensive plan and city ordinances; or

C. The amendment is being implemented in a manner that is detrimental to the public health or safety. (Ord. 98-172 § 1).

19.17.100 Emergency amendments.

The comprehensive plan may be revised or amended outside of the schedule indicated, if findings are adopted by resolution to show that the amendment was necessary due to an emergency situation of a neighborhood or city-wide significance. The nature of the emergency and proposed amendment shall be explained to the city council, which shall decide whether or not to allow the proposal outside of the normal amendment schedule. (Ord. 98-172 § 1).

19.17.110 Appeals.

Appeal of a city council decision on a comprehensive plan amendment is governed by state law. (Ord. 98-172 § 1).

19.17.120 Transmittal to state.

The city council will transmit a copy of each proposed amendment of the comprehensive plan to the State of Washington Department of Community, Trade, and Economic Development at least 60 days prior to the expected date of final city council action on that proposed amendment. The city council will transmit a copy of all adopted amendments of the comprehensive plan to the Department of Community, Trade and Economic Development within 10 days after adoption by the council. (Ord. 98-172 § 1).