Chapter 20.30
Procedures and Administration
Sections:
Subchapter 1. General Provisions
20.30.010 Purpose.
20.30.020 Administration.
Subchapter 2. Types of Actions
20.30.030 Basis.
20.30.040 Ministerial decisions – Type A.
20.30.050 Administrative decisions – Type B.
20.30.060 Quasi-judicial decisions – Type C.
20.30.070 Legislative decisions.
Subchapter 3. Permit Review Procedures
20.30.080 Preapplication meeting.
20.30.090 Neighborhood meeting.
20.30.100 Application.
20.30.110 Determination of completeness.
20.30.120 Public notices of application.
20.30.130 Optional consolidated permit process.
20.30.140 Permit processing time limits.
20.30.150 Public notice of decision.
20.30.160 Expiration of vested status of land use permits and approvals.
20.30.165 Permit expiration timelines for clearing and grading and site development permits.
Subchapter 4. General Provisions for Land Use Hearings and Appeals
20.30.170 Limitations on the number of hearings.
20.30.180 Public notice of public hearing.
20.30.190 Effective date of decision.
20.30.200 General description of appeals.
20.30.210 Grounds for administrative appeal.
20.30.220 Filing administrative appeals.
20.30.230 Appeal process.
20.30.240 Judicial review.
20.30.250 Judicial appeals.
20.30.260 Conflicts.
20.30.270 Dismissals.
Subchapter 5. Nonconforming Uses, Lots, and Structures
20.30.280 Nonconformance.
Subchapter 6. Review and/or Decision Criteria
20.30.290 Variance from the engineering standards (Type A action).
20.30.295 Temporary use.
20.30.300 Conditional use permit-CUP (Type B action).
20.30.310 Zoning variance (Type B action).
20.30.315 Site development permit.
20.30.320 Rezone of property and zoning map change (Type C action).
20.30.330 Special use permit-SUP (Type C action).
20.30.333 Critical areas special use permit (Type C action).
20.30.336 Critical areas reasonable use permit (Type C action).
20.30.340 Amendment and review of the Comprehensive Plan (legislative action).
20.30.350 Amendment to the Development Code (legislative action).
Subchapter 7. Subdivisions
20.30.360 Citation of subchapter.
20.30.370 Purpose.
20.30.380 Subdivision categories.
20.30.390 Exemption.
20.30.400 Lot line adjustment – Type A action.
20.30.410 Preliminary subdivision review procedures and criteria.
20.30.420 Changes to approved subdivision.
20.30.430 Site development permit for required subdivision improvements – Type A action.
20.30.440 Installation of improvements.
20.30.450 Final plat review procedures.
20.30.460 Effect of rezones.
20.30.470 Further division – Short subdivisions.
20.30.480 Binding site plans – Type B action.
Subchapter 8. Environmental Procedures
20.30.490 Citation of subchapter and authority.
20.30.500 Definitions – Adoption by reference.
20.30.510 General requirements – Adoption by reference.
20.30.520 Designation of responsible official.
20.30.530 Lead agency determination and responsibilities.
20.30.540 Timing and content of environmental review.
20.30.550 Categorical exemptions and threshold determinations – Adoption by reference.
20.30.560 Categorical exemptions – Minor new construction.
20.30.570 Categorical exemptions and threshold determinations – Use of exemptions.
20.30.580 Environmental checklist.
20.30.590 Mitigated DNS.
20.30.600 Environmental impact statements (EIS) – Adoption by reference.
20.30.610 Environmental impact statements and other environmental documents – Additional considerations.
20.30.620 Comments and public notice – Adoption by reference.
20.30.630 Comments and public notice – Additional considerations.
20.30.640 Using and supplementing existing environmental documents – Adoption by reference.
20.30.650 SEPA decisions – Adoption by reference.
20.30.660 SEPA decisions – Substantive authority.
20.30.670 SEPA policies.
20.30.680 Appeals.
20.30.690 Compliance with SEPA – Adoption by reference.
20.30.700 Forms – Adoption by reference.
20.30.710 Severability.
Subchapter 9. Code Enforcement
20.30.720 Purpose.
20.30.730 General provisions.
20.30.740 Declaration of public nuisance, enforcement.
20.30.750 Junk vehicles as public nuisances.
20.30.760 Notice and orders.
20.30.770 Enforcement provisions.
20.30.775 Collection of penalties and costs.
20.30.780 Repealed.
20.30.790 Appeals and judicial enforcement.
20.30.010 Purpose.
The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development decisions made by the City of Shoreline. These procedures are intended to:
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Promote timely and informed public participation; |
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Eliminate redundancy in the application, permit review, and appeals processes; |
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Process permits equitably and expediently; |
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Balance the needs of permit applicants with neighbors; |
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Ensure that decisions are made consistently and predictably; and |
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Result in development that furthers City goals as set forth in the Comprehensive Plan. |
These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. (Ord. 238 Ch. III § 1, 2000).
20.30.020 Administration.
The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code.
When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements.
Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail. (Ord. 238 Ch. III § 2, 2000).
20.30.030 Basis.
There are four types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. (Ord. 238 Ch. III § 3, 2000).
20.30.040 Ministerial decisions – Type A.
These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. These decisions are made by the Director and are exempt from notice requirements.
However, permit applications, including certain categories of building permits, and permits for projects that require a SEPA threshold determination, are subject to public notice requirements specified in Table 20.30.050 for SEPA threshold determination.
All permit review procedures and all applicable regulations and standards apply to all Type A actions. The decisions made by the Director under Type A actions shall be final. The Director’s decision shall be based upon findings that the application conforms (or does not conform) to all applicable regulations and standards.
Table 20.30.040 – Summary of Type A Actions and Target Time Limits for Decision, and Appeal Authority
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Action Type |
Target Time |
Section |
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Type A: |
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|
|
1. Accessory Dwelling Unit |
30 days |
20.40.120, 20.40.210 |
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2. Lot Line Adjustment including Lot Merger |
30 days |
20.30.400 |
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3. Building Permit |
120 days |
All applicable standards |
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4. Final Short Plat |
30 days |
20.30.450 |
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5. Home Occupation, Bed and Breakfast, Boarding House |
120 days |
20.40.120, 20.40.250, 20.40.260, 20.40.400 |
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6. Interpretation of Development Code |
15 days |
20.10.050, |
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7. Right-of-Way Use |
30 days |
12.15.010 – 12.15.180 |
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8. Shoreline Exemption Permit |
15 days |
Shoreline Master Program |
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9. Sign Permit |
30 days |
20.50.530 – 20.50.610 |
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10. Site Development Permit |
60 days |
20.20.046, 20.30.315, 20.30.430 |
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11. Variances from Engineering Standards |
30 days |
20.30.290 |
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12. Temporary Use Permit |
15 days |
20.40.100, 20.40.540 |
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13. Clearing and Grading Permit |
60 days |
20.50.290 – 20.50.370 |
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14. Planned Action Determination |
28 days |
20.90.025 |
An administrative appeal authority is not provided for Type A actions, except that any Type A action which is not categorically exempt from environmental review under Chapter 43.21C RCW or for which environmental review has not been completed in connection with other project permits shall be appealable. Appeal of these actions together with any appeal of the SEPA threshold determination is set forth in Table 20.30.050(4). (Ord. 469 § 1, 2007; Ord. 352 § 1, 2004; Ord. 339 § 2, 2003; Ord. 324 § 1, 2003; Ord. 299 § 1, 2002; Ord. 244 § 3, 2000; Ord. 238 Ch. III § 3(a), 2000).
20.30.050 Administrative decisions – Type B.
The Director makes these decisions based on standards and clearly identified criteria. A neighborhood meeting, conducted by the applicant, shall be required, prior to formal submittal of an application (as specified in SMC 20.30.090). The purpose of such meeting is to receive neighborhood input and suggestions prior to application submittal.
Type B decisions require that the Director issues a written report that sets forth a decision to approve, approve with modifications, or deny the application. The Director’s report will also include the City’s decision under any required SEPA review.
All Director’s decisions made under Type B actions are appealable in an open record appeal hearing. Such hearing shall consolidate with any appeals of SEPA negative threshold determinations. SEPA determinations of significance are appealable in an open record appeal prior to the project decision.
All appeals shall be heard by the Hearing Examiner except appeals of shoreline substantial development permits, shoreline conditional use permits, and shoreline variances that shall be appealable to the State Shorelines Hearings Board.
Table 20.30.050 – Summary of Type B Actions, Notice Requirements, Target Time Limits for Decision, and Appeal Authority
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Action |
Notice |
Target Time Limits for Decision |
Appeal |
Section |
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Type B: |
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1. Binding Site Plan |
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90 days |
HE |
20.30.480 |
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2. Conditional Use Permit (CUP) |
Mail, Post Site, Newspaper |
90 days |
HE |
20.30.300 |
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3. Preliminary Short Subdivision |
Mail, Post Site, Newspaper |
90 days |
HE |
20.30.410 |
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4. SEPA Threshold Determination |
Mail, Post Site, Newspaper |
60 days |
HE |
20.30.490 – 20.30.710 |
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5. Shoreline Substantial |
Mail, Post Site, Newspaper |
120 days |
State Shorelines |
Shoreline Master |
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6. Zoning Variances |
Mail, Post Site, Newspaper |
90 days |
HE |
20.30.310 |
Key: HE = Hearing Examiner
(1) Public hearing notification requirements are specified in SMC 20.30.120.
(2) Notice of application requirements are specified in SMC 20.30.120.
(3) Notice of decision requirements are specified in SMC 20.30.150.
(Ord. 299 § 1, 2002; Ord. 238 Ch. III § 3(b), 2000).
20.30.060 Quasi-judicial decisions – Type C.
These decisions are made by the City Council or the Hearing Examiner, as shown in Table 20.30.060, and involve the use of discretionary judgment in the review of each specific application.
Prior to submittal of an application for any Type C permit, the applicant shall conduct a neighborhood meeting to discuss the proposal and to receive neighborhood input as specified in SMC 20.30.090.
Type C decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision made by the City Council or Hearing Examiner. Any administrative appeal of a SEPA threshold determination shall be consolidated with the open record public hearing on the project permit, except a determination of significance, which is appealable under SMC 20.30.050.
There is no administrative appeal of Type C actions.
Table 20.30.060 – Summary of Type C Actions, Notice Requirements, Review Authority,
Decision Making Authority, and Target Time Limits for Decisions
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Action |
Notice Requirements for Application and Decision (5), (6) |
Review Authority, Open Record Public Hearing (1) |
Decision Making Authority (Public Meeting) |
Target Time Limits for Decisions |
Section |
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Type C: |
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1. Preliminary Formal Subdivision |
Mail, Post Site, Newspaper |
PC (3) |
City Council |
120 days |
20.30.410 |
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2. Rezone of Property(2) and Zoning Map Change |
Mail, Post Site, Newspaper |
PC (3) |
City Council |
120 days |
20.30.320 |
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3. Special Use Permit (SUP) |
Mail, Post Site, Newspaper |
PC (3) |
City Council |
120 days |
20.30.330 |
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4. Critical Areas Special Use Permit |
Mail, Post Site, Newspaper |
HE (4) |
120 days |
20.30.333 |
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5. Critical Areas Reasonable Use Permit |
Mail, Post Site, Newspaper |
HE (4) |
120 days |
20.30.336 |
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6. Final Formal Plat |
None |
Review by the Director – no hearing |
City Council |
30 days |
20.30.450 |
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7. SCTF – Special Use Permit |
Mail, Post Site, Newspaper (7) |
PC (3) |
City Council |
120 days |
20.40.505 |
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8. Street Vacation |
PC (3) |
PC (3) |
City Council |
120 days |
Chapter 12.17 SMC |
(1) Including consolidated SEPA threshold determination appeal.
(2) The rezone must be consistent with the adopted Comprehensive Plan.
(3) PC = Planning Commission
(4) HE = Hearing Examiner
(5) Notice of application requirements are specified in SMC 20.30.120.
(6) Notice of decision requirements are specified in SMC 20.30.150.
(7) Notice of application shall be mailed to residents and property owners within one-half mile of the proposed site.
(Ord. 406 § 1, 2006; Ord. 324 § 1, 2003; Ord. 309 § 3, 2002; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 3(c), 2000).
20.30.070 Legislative decisions.
These decisions are legislative, nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands.
Table 20.30.070 – Summary of Legislative Decisions
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Decision |
Review Authority, Open Record Public Hearing |
Decision Making Authority (in accordance with State law) |
Section |
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1. Amendments and Review of the Comprehensive Plan |
PC(1) |
City Council |
20.30.340 |
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2. Amendments to the |
PC(1) |
City Council |
20.30.350 |
(1) PC = Planning Commission
Legislative decisions usually include a hearing and recommendation by the Planning Commission and the action by the City Council.
The City Council shall take legislative action on the proposal in accordance with State law.
There is no administrative appeal of legislative actions of the City Council but they may be appealed together with any SEPA threshold determination according to State law. (Ord. 406 § 1, 2006; Ord. 339 § 5, 2003; Ord. 238 Ch. III § 3(d), 2000).
20.30.080 Preapplication meeting.
A preapplication meeting is required prior to submitting an application for any Type B or Type C action and/or for an application for a project located within a critical area or its buffer.
Applicants for development permits under Type A actions are encouraged to participate in preapplication meetings with the City. Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process.
Preapplication meetings are required prior to the neighborhood meeting.
The Director shall specify submittal requirements for preapplication meetings, which shall include a critical areas checklist. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. (Ord. 439 § 1, 2006; Ord. 324 § 1, 2003; Ord. 238 Ch. III § 4(a), 2000).
20.30.090 Neighborhood meeting.
Prior to application submittal for a Type B or C action, the applicant shall conduct a neighborhood meeting to discuss the proposal.
A. The purpose of the neighborhood meeting is to:
1. Ensure that potential applicants pursue early and effective citizen participation in conjunction with their proposal, giving the project proponent the opportunity to understand and try to mitigate any real and perceived impact their proposal may have on the neighborhood;
2. Ensure that the citizens and property owners of the City have an adequate opportunity to learn about the proposal that may affect them and to work with project proponents to resolve concerns at an early stage of the application process.
B. The neighborhood meeting shall meet the following requirements:
1. Notice of the neighborhood meeting shall be provided by the applicant and shall include the date, time and location of the neighborhood meeting and a description of the project, zoning of the property, site and vicinity maps and the land use applications that would be required.
2. The notice shall be provided at a minimum to property owners located within 500 feet of the proposal, the Neighborhood Chair as identified by the Shoreline Office of Neighborhoods (Note: if a proposed development is within 500 feet of adjacent neighborhoods, those chairs shall also be notified), and to the City of Shoreline Planning and Development Services Department.
3. The notice shall be postmarked 10 to 14 days prior to the neighborhood meeting.
4. The neighborhood meeting shall be held within the City limits of Shoreline.
5. The neighborhood meeting shall be held anytime between the hours of 5:30 and 9:30 p.m. on weekdays or anytime between the hours of 9:00 a.m. and 9:00 p.m. on weekends.
6. The neighborhood meeting agenda shall cover the following items:
a. Introduction of neighborhood meeting organizer (i.e., developer, property owner, etc.);
b. Description of proposed project;
c. Listing of permits that are anticipated for the project;
d. Description of how comments made at the neighborhood meeting are used;
e. Provide meeting attendees with the City’s contact information;
f. Provide a sign-up sheet for attendees.
C. The applicant shall provide to the City a written summary or checklist of the neighborhood meeting. The summary shall include the following:
1. A copy of the mailed notice of the neighborhood meeting with a mailing list of residents who were notified.
2. Who attended the meeting (list of persons and their addresses).
3. A summary of concerns, issues, and problems expressed during the meeting.
4. A summary of concerns, issues, and problems the applicant is unwilling or unable to address and why.
5. A summary of proposed modifications, or site plan revisions, addressing concerns expressed at the meeting.
Staff will mail the summary of the neighborhood meeting to all persons who attended the neighborhood meeting, signed in and provided a legible address. (Ord. 406 § 1, 2006; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 4(b), 2000).
20.30.100 Application.
A. Who may apply:
1. The property owner or an agent of the owner with authorized proof of agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment.
2. The City Council or the Director may apply for a project-specific or site-specific rezone or for an area-wide rezone.
3. Any person may propose an amendment to the Comprehensive Plan. The amendment(s) shall be considered by the City during the annual review of the Comprehensive Plan.
4. Any person may request that the City Council, Planning Commission, or Director initiate amendments to the text of the Development Code.
B. All applications for permits or actions within the City shall be submitted on official forms prescribed and provided by the Department.
At a minimum, each application shall include:
1. An application form with the authorized signature of the applicant.
2. The appropriate application fee based on the official fee schedule (Chapter 3.01 SMC).
C. The Director shall specify submittal requirements, including type, detail, and number of copies for an application to be complete. The permit application forms, copies of all current regulations, and submittal requirements that apply to the subject application shall be available from the Department.
D. Expiration. Absent statute or ordinance provisions to the contrary, any application for which a determination of completeness has been issued and for which no substantial steps have been taken to meet permit approval requirements for a period of 180 days after issuance of the determination of completeness will expire and become null and void. The Director may grant a 180-day extension on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 4(c), 2000).
20.30.110 Determination of completeness.
A. An application shall be determined complete when:
1. It meets the procedural requirements of the City of Shoreline;
2. All information required in specified submittal requirements for the application has been provided, and is sufficient for processing the application, even though additional information may be required. The City may, at its discretion and at the applicant’s expense, retain a qualified professional to review and confirm the applicant’s reports, studies and plans.
B. Within 28 days of receiving a permit application for Type A, B and/or C applications, the City shall mail a written determination to the applicant stating whether the application is complete, or incomplete and specifying what is necessary to make the application complete. If the Department fails to provide a determination of completeness, the application shall be deemed complete on the twenty-ninth day after submittal.
C. If the applicant fails to provide the required information within 90 days of the date of the written notice that the application is incomplete, or a request for additional information is made, the application shall be deemed null and void. The Director may grant a 90-day extension on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant. The applicant may request a refund of the application fee minus the City’s cost of processing.
D. The determination of completeness shall not preclude the City from requesting additional information or studies if new information is required or substantial changes are made to the proposed action. (Ord. 406 § 1, 2006; Ord. 324 § 1, 2003; Ord. 238 Ch. III § 4(d), 2000).
20.30.120 Public notices of application.
A. Within 14 days of the determination of completeness, the City shall issue a notice of complete application for all Type B and C applications.
B. The notice of complete application shall include the following information:
1. The dates of application, determination of completeness, and the date of the notice of application;
2. The name of the applicant;
3. The location and description of the project;
4. The requested actions and/or required studies;
5. The date, time, and place of an open record hearing, if one has been scheduled;
6. Identification of environmental documents, if any;
7. A statement of the public comment period (if any), not less than 14 days nor more than 30 days; and a statement of the rights of individuals to comment on the application, receive notice and participate in any hearings, request a copy of the decision (once made) and any appeal rights;
8. The City staff Project Manager and phone number;
9. Identification of the development regulations used in determining consistency of the project with the City’s Comprehensive Plan; and
10. Any other information that the City determines to be appropriate.
C. The notice of complete application shall be made available to the public by the Department, through any or all of the following methods (as specified in Tables 20.30.050 and 20.30.060):
1. Mail. Mailing to owners of real property located within 500 feet of the subject property;
2. Post Site. Posting the property (for site-specific proposals);
3. Newspaper. The Department shall publish a notice of the application in the newspaper of general circulation for the general area in which the proposal is located. This notice shall include the project location and description, the type of permit(s) required, comments period dates, and the location where the complete application may be reviewed.
D. The Department must receive all comments received on the notice of application by 5:00 p.m. on the last day of the comment period. (Ord. 238 Ch. III § 4(e), 2000).
20.30.130 Optional consolidated permit process.
An applicant may elect to submit a consolidated project permit application. Such request shall be presented by the applicant in writing and simultaneously with submittal of all applications to be consolidated. The Director shall determine the appropriate procedures for consolidated review and actions. If the application for consolidated permit process requires action from more than one hearing body, the decision authority in the consolidated permit review process shall be the decision making authority with the broadest discretionary powers. (Ord. 238 Ch. III § 4(f), 2000).
20.30.140 Permit processing time limits.
A. Decisions under Type A, B or C actions shall be made within 120 days from the date of a determination that the application is complete. Exceptions to this 120-day time limit are:
1. Substantial project revisions made or requested by an app