Not an official copy.

ALGONA, WASHINGTON
ORDINANCE NO. 827

AN ORDINANCE ALLOWING FOR OPTIONAL CONSOLIDATED PERMIT PROCESSING, ALLOWING CONSOLIDATED ENVIRONMENTAL REVIEW WITH PERMIT PROCESSING, PROVIDING FOR OPEN RECORD HEARINGS AND A CLOSED RECORD APPEAL, ESTABLISHING A TIME LIMIT FOR NOTIFICATION REGARDING APPLICATION COMPLETENESS AND ESTABLISHING A TIME LIMIT FOR ISSUING FINAL PERMIT DECISIONS.

WHEREAS the Regulatory Reform Act (Chapter 347, Laws of 1995) requires that the City

establish a project permit review process which, among other things:

(1) Provides for optional integrated and consolidated review and decision on two or more project permits relating to a proposed action; combines any environmental review process with the procedure for the review of project permits; and provides for no more than one open record hearing on such permits, except for the appeal of a determination of significance; and

(2) Establishes time limits for notifying applicants as to whether their applications are complete, along with establishing time limits for issuing a final decision or action on a permit application.

THE CITY COUNCIL OF THE CITY OF ALGONA ORDAINS AS FOLLOWS:

SECTION 1. PROJECT PERMIT APPLICATION REVIEW CONSOLIDATION.

At the option of the applicant, any two or more project permit applications pertaining to the same development, which require review by a reviewing agency of the City, along with reviews of administrative decisions under AMC Chapter 2.43.060 may be consolidated for review purposes before the appropriate reviewing agency of the City.

SECTION 2. PROJECT PERMIT APPLICATION DEFINED.

Project permit application means an application for land use or development permitted by the City as identified in Section 4 and Section 5 of this ordinance.

SECTION 3. COMPLETE APPLICATIONS.

An application will be considered complete if it has met the submittal requirements set forth in the instructions accompanying the application documents. The City may request additional information or waive particular submittal requirements on a case-by-case basis.

SECTION 4. ADMINISTRATIVE PROCESSING APPEALS.

The following project permit applications are processed administratively by the City. Any person aggrieved by an administrative decision granting, denying, modifying or limiting a project permit application may appeal such decision to the Algona Board of Adjustment pursuant to AMC 2.14.050 provided appeals of decisions of the Building Official relating to the application of the State Building Code shall be governed by the provisions of the State Building Code and the uniform codes therein adopted by reference.

Building Permits Fill

Lot Line Adjustments Water

Short Plats Plumbing

Mechanical Permits Sewer

Culvert Land Clearing

Demolition R.O.W. Construction

Sewer/Water Main Extension Out-of-Town Inspections

All appeals of administrative decisions must be filed with the City Clerk within fourteen (14) days after the notice of the decision or after other notice that the decision has been made and is appealable. The time for appeal shall be extended for an additional seven (7) days if the decision includes a determination subject to a SEPA public comment period as required under WAC 197-11-340.

SECTION 5. PROJECT PERMIT APPLICATIONS REQUIRING REVIEW BY A

REVIEWING AGENCY

The following project permit applications are reviewed by the indicated reviewing agency.

• Variance - Board of Adjustment - Appeal from Administrative Decision Board of Adjustment

• Conditional Use Permit - Planning Commission Recommendation & City Council Approval

• Subdivisions - Planning Commission Recommendation & City Council Approval

• Rezones - Planning Commission Recommendation & City Council Approval

• Special Use Permit - Planning Commission Recommendation & City Council Approval

• Street/Alley Dedication - Planning Commission Recommendation & City Council Approval

• Comprehensive Sign Design Plan Planning Commission

• Special Home Occupation Permit City Council

SECTION 6. SELECTION OF REVIEWING AGENCY UPON CONSOLIDATION OF APPLICATIONS REQUIRING REVIEW.

When two or more of the project permit applications listed in Section 5 are consolidated for review which would normally be reviewed by different reviewing agencies of the City, the reviewing agency will be selected based upon the following:

(A) All application which include an application for a Variance shall be heard by the Board of Adjustment, which shall have the authority to recommend actions to the City Council on permits normally recommended by the Planning Commission, using the criteria usually applied by the Planning Commission.

(B) All combined application including an application for a Special Home Occupation Permit shall be heard by the City Council which shall use the criteria usually applied by the Planning Commission and/or the Board of Adjustment.

(C) All other combined permit application shall be first heard by the Planning Commission which shall apply the criteria usually applied by the Board of Adjustment. The Planning Commission shall then prepare a recommendation which will be forwarded to the City Council for final approval.

SECTION 7. OPEN RECORD PUBLIC HEARINGS.

Before acting on one of the project permit applications set forth in Section 5, the reviewing agency shall conduct an open record public hearing. The burden of proof shall be on the applicant. The application must be supported by proof that it conforms to the applicable elements of the City's development regulations, comprehensive plan and zoning code.

Prior to the open record public hearing, City staff shall submit a single report describing all decisions or recommendations to be made on the project permit under consideration. The report shall state any mitigation measures required or proposed. The report shall include or append any threshold environmental determination other than a determination of significance.

In addition to any rules adopted by the reviewing agency, the following rules of procedure shall apply:

(A) A member of the reviewing agency who is disqualified shall be counted for purposes of forming a quorum.

(B) If all members of the hearing body are disqualified, all members present after stating their reasons for disqualification shall be considered requalified and shall proceed to resolve the issues.

(C) A member absent during the presentation of evidence in a hearing may not participate in the deliberations or decision unless the member has reviewed the evidence received and shall not be counted in determining if a quorum is present.

(D) Any member of the hearing body may view the area to which the application pertains, with or without notice to the parties.

(E) Prior to hearing evidence on the application, each member of the reviewing agency shall state the time, manner and circumstances of any viewing of the area to which the application pertains and of all ex parte communications pertaining to the application.

(F) The presiding officer shall describe all written materials relating to the application which have been received by the reviewing agency.

(G) If the presiding officer has closed the public portion of the hearing, the reviewing agency may openly discuss the issue and may further question a person submitting information or staff if opportunity for rebuttal is provided.

(H) Following the hearing or any continued hearing, the reviewing agency shall approve, conditionally approve or deny the application. If the hearing is an appeal, the reviewing agency shall affirm, reverse or remand the decision that is on appeal.

(I) A written decision shall be issued within ten (10) days after the hearing on the project permit application or appeal or within ten (10) days after any continued hearing. The written decision shall be signed by the presiding officer.

(J) The City shall provide a notice of decision that also includes a statement of any threshold determination made under SEPA. The notice of decision shall be provided to the applicant, to any person who requested notice of the decision and to any person who submitted oral or written comments on the application. if the notice is delivered by mail, notification will be deemed complete three days after mailing by regular mail.

SECTION 8. REQUESTS FOR RECONSIDERATION.

Any aggrieved party may file a request for reconsideration of a recommendation by the Planning Commission, a decision of the Board of Adjustment, or a decision of the City Council. Such request for reconsideration must be filed with ten (10) days of notification of the decision. The reviewing agency shall consider the request for reconsideration at its next regular meeting. The reviewing agency may either grant or deny the request for reconsideration. If the reviewing agency grants the request for reconsideration, no action shall be taken upon the permit application until after a new open record public hearing has been scheduled with notice given as in the case of a new application, together with notice to all persons entitled to notice of the original decision. Requests for reconsideration shall only be granted if one or more of the following elements are established:

(A) The application has been substantially modified. Modifications which address concerns expressed by the reviewing agency in denying an application shall be given special consideration.

(B) Irregularity in the hearing of the reviewing agency preventing a party from having a fair hearing.

(C) New discovered material evidence which the party applying for reconsideration could not have discovered and produced at the hearing with reasonable diligence.

(D) Errors in law objected to at the time by the party filing the request for reconsideration.

SECTION 9. APPEALS.

(A) All decisions of the Board of Adjustment or the City Council my be appealed by filing a land use petition in King County Superior Court. Such petition must be filed within twenty one (21) days of notification of issuance of the decision. The appeal shall be a closed record appeal as defined in Section 402, Chapter 347, Laws of 1995.

(B) Upon filing of a motion for reconsideration, the time for an appeal shall not commence to run until such request is denied or until notification of issuance of a decision following the grant of a request for reconsideration.

SECTION 10. JOINT PUBLIC HEARINGS.

(A) At the request of the applicant, the City may combine any public hearing on a project permit application requiring review by a reviewing agency 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; (2) the hearing can be held within the time periods for deciding the application or the applicant agrees to a different schedule; and (3) the requirements of subsection (B) below are met.

(B) A joint public hearing may be held with another local, state, regional, federal or other agency and a City reviewing agency 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; and (3) the other agency has received the necessary information about the proposed project in enough time to hold its hearing at the same time as the City reviewing agency.

SECTION 11. NOTICE OF APPLICATION.

(A) Generally. A notice of application shall be issued on all project permit applications

requiring review by a reviewing agency.

(B) Contents. The notice of application shall include:

1. The date of application, the date of notice of completion for the application 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 by the City in the notice of completion.

3. The identification of other permits 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 be not less than fourteen (14) nor more than thirty (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.

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

7. A statement of the preliminary determination, if one has been made at the time of notice, of consistency with development regulations and of those development regulations that will be used for project mitigation and to determine if the project is consistent with City development regulations or, in the absence of specific regulations, the City's comprehensive plan.

8. Any other information determined appropriate by the City.

(C) Time Frame for Issuance of Notice of Application.

1. The notice shall be issued within fourteen (14) days after the City has made a determination of completeness of a project permit application.

2. If an open record public hearing is required, the notice of application shall be provided at least fifteen (15) days prior to the open record public hearing.

(D) Public Notice. Public notice of the application shall be given as follows:

1. In cases of conditional and unclassified use permits, rezones, variances, and other applicable permit applications, written notice of any hearing shall be mailed to owners of all properties within a three-hundred foot radius of the exterior boundaries of the subject site. Said notices shall be mailed to such property owners no later than ten (10) days prior to the public hearing.

2. Copies of the notice of application shall be posted on the subject property and at City Hall.

3. Any additional notice required by the development regulations governing a proposed project permit application shall be given.

4. The City may, but shall not be required to, give any additional notice that is deemed appropriate.

(E) Agency Notice. Copies of the notice of application shall be forwarded to all local, state or federal departments or agencies which the City believes have jurisdiction over any actions relating to an application.

SECTION 12. ENVIRONMENTAL REVIEW.

(A) Categorically Exempt Actions. Actions categorically exempt under rules adopted by the Department of Ecology do not require environmental review and may not be conditioned or denied under a State Environmental Policies Act.

(B) Consolidated Review. Any necessary environmental review related to a permit application shall be consolidated with review of the application.

(C) Review of applicable Regulations. In its review of a project permit application, the City may determine that requirements for environmental analysis, protection and mitigation measures in applicable development regulations for the comprehensive plan of the City, 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. If this determination is made, the City may condition its approval on compliance with said requirements or mitigation measures and shall not impose additional mitigation under SEPA.

(D) Consultation with Other Agencies Deferral. 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 the existing rules or laws of that agency and may require approval of all or some portion of the application by that agency.

(E) Reliance on Other Laws. Nothing in this section limits the ability of the City in its review or mitigation of a project to adopt or otherwise rely on environmental analysis and requirements under other laws.

SECTION 13. RECOMMENDATIONS FOR AMENDMENTS.

Any interested person, including applicants, citizens, City officers and staff, the Planning Commission and staff of other public agencies may suggest amendments to the City's Comprehensive Plan or Development Regulations. All such suggestions shall be forwarded to the Planning Commission for consideration on at least an annual basis.

SECTION 14. TIME LIMIT FOR NOTIFICATION WHETHER A PERMIT APPLICATION

IS COMPLETE.

Within twenty-eight (28) days after receiving a project permit application, the

City shall mail or provide in person a written determination stating either:

A. That the application is complete; or

B. That the application is incomplete and what is necessary to make the application complete.

The determination shall, to the extent known by the City, identify other agencies of local, state, or federal government that may have jurisdiction over some aspect of the application. A determination of completeness shall not preclude the City from requesting additional information or studies if new information is required or substantial changes in the proposed action occur. The determination may include any additional information the City deems necessary to adequately evaluate a proposed action.

Within fourteen (14) days after an applicant has submitted additional information after a

determination that the initial application is incomplete, the City shall issue a new determination of completeness.

An application shall be deemed complete upon failure of the City to issue a written determination that the application is incomplete within the time limits set forth in this section.

SECTION 15. TIME FOR DECISION.

A. Except as otherwise provided in this section, the City shall issue a Notice of Final Decision on a project permit application within one-hundred twenty (120) days after the City has notified the applicant that the application is complete. The following periods shall be excluded from the calculation of the number of days that have elapsed after notice of a complete application:

1. Any period during which the applicant has been requested to correct plans or provide additional required information beginning with the date the applicant was notified of the need to correct plans or provide additional information and ending when the City determines that the corrected plans or additional information are complete or fourteen (14) days after the corrected plans or additional information have been supplied if the City does not issue a determination that such materials are not incomplete.

2. Any time required for the preparation of an environmental impact statement.

3. Up to ninety (90) days for the processing of any appeal of a determination relating to the project permit.

B. The applicant and the City may extend the time for issuance of a final decision upon mutual agreement.

C. The time limits set forth in this section shall not apply to any application that requires amendment to the comprehensive plan or city ordinances.

D. If the City is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the applicant including a statement of the reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

E. This section shall apply to project permit applications filed on or after March 1, 1997.

SECTION 16. DESIGNATION OF REPRESENTATIVE.

The City may require the project permit applicant to designate a single person or entity to receive determinations and notices pursuant to these regulations and to be responsible for the submittal of all application documents.

SECTION 17. SEVERABILITY.

If any section, sentence, clause or phrase of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.

SECTION 18. EXCLUSIONS.

The following matters are excluded from the requirements of this ordinance:

(A) Approvals relating to the use of public areas or facilities.

(B) Landmark designations.

(C) Project permits, whether administrative or subject to review by a reviewing agency, that the City Council by ordinance or resolution has determined present special circumstances that warrant a review process different from that provided by this ordinance.

PASSED BY THE CITY COUNCIL OF THE CITY OF ALGONA AT A REGULAR COUNCIL MEETING THEREOF THIS 4th DAY OF MARCH, 1997.

GLENN WILSON, Mayor

ATTEST:

DANIELLE M. STAFFORD, City Clerk

APPROVED AS TO FORM:

GEORGE KELLEY, City Attorney