2105_00001ORDINANCE NO.2105
AN ORDINANCE CREATING TITLE20 OF THE MOSES LAKEMUNICIPALCODEENTITLED'DEVELOPMENT REVIEW PROCESS"
THE CITYCOUNCILOF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAINAS FOLLOWS:
Section 1.Title 20 of theMoses Lake MunicipalCode entitled "Development Review Process"is created asfollows:
Section 2.Definitions:
20.01.010 Development Application:Development application shall mean any land use or environmentalpermit,license or action applied for and regulated by Titles 14-19 of this Code,including but notlimitedtobuildingpermits,subdivisions,binding site plans,planned developmentdistrictoverlays,
rezones,mobile home parks,home occupations or conditional use permits.
20.01.020 Development Code:Development code shall mean Titles 14 through 19 of this Code.
Section 3.Administration:
20.03.010 Roles and Responsibilities:
A.The regulation of land development is a cooperative activityincluding many different electedandappointedboardsandCitystaff.The specific responsibilities of these bodies is set forthbelow.
B.A developer is expected to read and understand theCityDevelopment Code and be preparedtofulfilltheobligationsplacedonthedeveloperbyTitles14through19,
20.03.020 Citv Zoninq Administrator:The CityZoning Administrator (theCommunity Development Directorunlessspecifiedotherwise)shall review and act on the following:
A.Authority:The City Zoning Administrator is responsible for the administrationof Titles 14-19ofthisCode.
B.Administrative Interpretation:Upon request or as determined necessary,the City ZoningAdministratorshallinterpretthemeaningorapplicationoftheprovisionsofsaidtitlesandissue
a written administrative interpretation within thirty(30)days.Requests for interpretation shallbewrittenandshallconciselyidentifytheissueanddesiredinterpretation.
C.Administrative Approvals:Administrative approvals set forth in Section 20.09.010,
20.03.030 CityCouncil:Inaddition toits legislative responsibility,the CityCouncil shall review and act on thefollowingsubjects:
A.Recommendations of the Planning Commission.
B.Appeals of administrative interpretations.
C.Appeals ofHearing Examiner decisions pursuant to Chapter 18.80
D.Appeals oftheMunicipalServices Director's and/orPlanning Commission's decisions pursuanttoChapter20.08 and Title 18.
E.Appeals of Planning Commission rulings on continuations,extensions or remodeling ofnonconformingusespursuanttoChapter18.69.
F.Appeals ofPlatAdministratordecisions andPlanning Commission recommendations pursuanttoTitle18.
G.Appeals of Planning Commission decisions pursuant to Chapter 20.08.
H.Appeals ofPlanning Commission decisions regarding conditional and unmentioned uses underChapter18.51.
l.Appeals from decisions of the Building Official pursuant to Title 16 when no otherappeal isprovidedfortherein.
20.03.040 Planning Commission:
A.The Planning Commission shall review and make recommendations on the followingapplicationsandsubjects:
1.Amendments to Comprehensive Plan.
2.Amendments totheSubdivision Code,Title 17.
3.Amendments to the Zoning Code,Title 18,or the OfficialMap(s).
4.Amendments totheEnvironmental Regulations,Title 14.
5.Applications for Short and Major Subdivision variances pursuant to Sections 17.13 and17.17.
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6.Appeals of Short Subdivision applications from the Plat Administrator pursuant toChapter
17.13.
7.Appeals of applications for Home Occupation uses pursuant to Chapter 18.55.
8.Requests for permitting ofConditional and Unmentioned Uses pursuant toChapter 18.51.
9.Appeals ofstaffdecisions regarding Off-Street Parking pursuant to Chapter 18.54.
10.Other actions requested or remanded by the City Council.
11.Rezone requests pursuant to Chapter 18.81.
12.Subdivision variance requests pursuant toChapters 17.40.
13 Appeals of staff actions regarding binding site plan applications and site plan approval
permits pursuant to Chapter 18.49.
B.The Planning Commission shall review and act on thefollowing applications and subjects:
1.Site Study Analysis pursuant to Section 20.08.080.
2.Habitat Management Plan Review pursuant to Section 20.08.160.
3.Appeals of Municipal Services Director actions on data analysis pursuant to Section
20.08.070.
4.Extensions or continuationsofNonconforming Uses under Chapter 18.69.
5.Appeals of staff actions regarding landscaping pursuant toChapter18.57.
C.The reviewcriteriafor certainof theactions are contained in section 20.09.020.
20.03.050 Hearing Examiner:
A.The Hearing Examiner shall review and act on the following subjects:
1.Requests for variancesof the requirements of the City's Zoning Code,Title 18,such asstandardsanddimensionalrequirementslikeheight,width,size,setback and yard
restrictions,subjectto the limitations of RCW 35A.63.110(2)as now enacted or hereafter
amended,pursuant to Chapter 18,80.
2.Appeals ofSEPA Determinationsof Non-significance or Significance under Chapter 14.06.
3.Appeals of the actions of thezoning code enforcement officials of theCity pursuant totheCityzoningordinances.
4.Appeals of staff decisions regarding platting deemed insufficient pursuant to Section
16.04.077.
B.The reviewcriteria and procedures for the Hearing Examiner are contained in Chapter 18.80.
20,03.060 Legislative Decisions:
A.Decisions:The followingdecisions are legislative,and are not subjectto the procedures inthis
Chapter,unless otherwise specified:
1.Zoningcode textand zoning district amendments;
2.Adoption of development regulationsand amendments;
3.Area-wide rezones toimplement new Citypolicies;
4.Adoption of Comprehensive Plan and any Plan amendments;and
5.Annexations.
B.Planning Commission:The Planning Commission shall hold a public hearing and make
recommendations tothe City Council on the decisions listed in (A)above.
C.CityCouncil:The City Council shall consider the Planning Commission's recommendation in
a public hearing or meeting as requiredby law.
D.Public Notice:Notice ofthe public hearing or public meeting shallbe provided tothepublic as
required by law.
E.Implementation:The City Council's decision shall become effective by passage of anordinance.
20.03.070 Legislative Enactments Not Restricted:Nothing in this Chapter or the permit processing
procedures shalllimitthe authority ofthe CityCouncil to make changes tothe City's Comprehen-
sive Plan,as part of a regular revision process,or to make changes to the City's development
regulations.
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20.03.080 Exemptions from Development Application Processing:
A.The following permits or approvals are specifically excludedfrom theprocedures set forth inthisTitle:
1.Iandmark designations;
2.street vacations;
3.street use permits.
B.Pursuantto RCW 36.70B.140(2),building permits,boundary lineadjustments,otherconstruc-tionpermits,or similar administrative approvals which are categorically exempt from environ-mental review under SEPA,Chapter 43.21C RCW,and Chapter 20.04 (SEPA),or per-mits/approvals for which environmentalreview has been completedin connectionwith otherprojectpermits,are excluded from the following procedures:
1.notice of completeness (section20.05.040);
2.Citynotice of development application(section20.07.010);
3.except as provided in RCW 36.70B.140,optionalconsolidateddevelopment applicationreviewprocessing(section20.05)
4.jointpublic hearings (section20.07.020);
5.single report stating all the decisions and recommendations made as ofthe date ofthereportthatdonotrequireanopenrecordhearing(section20.08.020(C))
6.notice of decision (section20.09.090);
7.completion of project review within any applicabletime periods (includingthe 120 daypermitprocessingtime)(section20.09.090).
Section 4.Consolidated Application Process:
20.05.010 ADDIication:
A.The City shall consolidate development application and review in order to integrate thedevelopmentpermitandenvironmentalreviewprocess,whileavoiding duplication ofthereview
B,
caepsp
cations for development permits and other City approvals under the DevelopmentCodeshallbesubmittedonformsprovidedbytheCityClerk.All applicationsshall beacknowledgedbythepropertyowner.
20.05.020 Preapplication Meetings:
A.Informal Applicants for development are encouraged toparticipate inan informal meeting priortotheformalpreapplicationmeeting.The purpose of the meeting is todiscuss,in generalterms,the proposed development,Citydesign and construction standards and alternatives,
and required permits and approval process.
B.Formal Every person proposing a development in the City shall attend a preapplicationmeeting,except for the following:
1.building permits and mobile home placement permits;2.home occupations;3.planned developments;4 junkyardfences (autowrecking yards);5 rebuildingduplexes in R-1 zone-exclusion;6.requests to build on unplatted land;7.platting deemed insufficient;8.lot line adjustments;9.parcel combination;10 final major plat;and11.requests for subdivision variances.
C.Purpose:The purpose of the preapplication meeting is todiscuss the natureof theproposeddevelopment,application and permit requirements,fees,review process and schedule,O applicable plans,policies and regulations.Inorder to expedite development review,the Cityshallinviteallaffectedjurisdictions,agencies and/orspecialdistricts known totheCitytothepreapplicationmeeting,
20.05.030 Content of Applications:
A.AIIapplications for approval under Titles 14 through19 shallinclude the information specifiedintheapplicabletitle,any applicable fee(s),evidence of adequate water supply as required byRCW19.27.097,and evidence of sewer availability.The City shall require such additionalinformationasreasonablynecessarytofullyandproperlyevaluatetheproposal.
B.The applicant shall apply for all permits identified in thepreapplication meeting,
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20.05.040 Notice of Completeness:
A.Withintwenty-eight(28)days of receiving a date stamped application,the Cityshall review the
application and shall,as set forth below,provide applicants witha written determination that
the application is complete or incomplete.
B.A project application shall be declared complete only when it contains all of the following
materials:
1.A fullycompleted,signed,and acknowledged development application and all applicable
review fees.
2.A fullycompleted,signed,and acknowledgedenvironmentalchecklist for projects subject
to reviewundertheState Environmental Policy Act.
3.The information specified forthedesired project inthe appropriate chapters of thisCode
and as identified in Section 20.05.030.
4.Any supplemental information or special studies identified by theCity.
5.The name and address of the person or entitydesignated bythe application to receive all
notices and determinations from theCity.
C.For applications determined to be incomplete,theCity shall identify,in writing,the specific
requirements or additional information necessary toconstitute a complete application.Upon
submittal ofthe additional information,the Cityshall,within fourteen (14)days,issue a notice
of completeness or identify what additionalinformation is required.
D.A development application shall be deemed complete under this section iftheCity does not
provide a written noticeto the applicantthat the application is incomplete as provided in
20.05.040(C)above.
Section5:Public Notice Requirements
20.07.010 Required Public Notice:
A.CityNotice of Development Application-Issuanceand Contents.The CityZoningAdministrator
shall provide a Notice of Development Application to the public and the departments and
agencies with jurisdictionas provided inthis section.Ifthe Responsible Officialhas made adeterminationofsignificanceunderchapter43,21C RCW concurrently with the Notice of
Development Application,the Notice of Development Application shall be combinedwith thedeterminationofsignificanceandscopingnotice.Nothing inthissectionprevents adetermina-
tionofsignificance and scoping noticefrom being issued prior to the Notice of Development
Application.The Notice shallinclude but not be limited to the following:
1.The name of theapplicant.
2.Date of application.
3.The date of the notice of completeness.
4.The date of the notice of development application.
5.The location of the project,including legal description and common address or location.
6.A project description.
7.A list of the project permits included in the application and,if applicable,a list of anystudiesrequestedunderRCW36.70B.070 or 36.70B.090.
8.A list of any other requested approvals,actions,and/or required studies and the identifica-
tionof other permits not included in the application,to the extent known bythe City.
9.A public comment period not less than fourteen (14)days nor morethan 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
copyof the decision once made,and anyappeal rights.
10.Identificationof existingenvironmental documents and the location where such documents
can be reviewed.
11.A Citystaff contact person and phone number,
12.The date,time,place and typeof a public hearing ifapplicable and one has been sched-
uled.
13.A statement of the preliminary determination,ifone has been made at the timeof notice,
ofthose development regulations thatwillbe used for project mitigationand of consistency
as provided in Chapter 20.08.
14.A statement thatthe decision on the application will be made within one hundred and
twenty(120)days of the date of the notice ofcompleteness.
15.Any other information determined appropriateby the City,such as the City's threshold
determination,ifcomplete at thetimeof issuance of thenoticeof application.
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B.Time Frame for Issuance of Notice of Application:
1.The City shall issue a Notice of Development Application within fourteen (14)days ofissuinganoticeofcompletenessunderChapter20.05.
2.If any open record pre-decision hearing is required for the requested developmentpermit(s),theNotice ofDevelopment Application shall be provided at least fifteen (15)dayspriortotheopenrecordhearing.
C.Published Notice:The Notice of Development Application shall be published once inthe City'sofficialnewspaperofgeneralcirculationinthegeneralareawheretheproposalislocated.
O D.Posting:Posting ofproperty for sitespecificdevelopments shallconsist of one or more noticeboardsasfollows:
1.Asingle notice board shall be placed by the applicant;
a.At the midpoint of the site street frontage or as otherwisedirected by the City formaximumvisibility;
b.Five (5)feet inside theproperty line,exceptwhentheboard is structurallyattached toanexistingbuilding,provided that no notice board shall be placed more than five (5)feet from the street property without approval of the City;
c.So thatthetopofthenotice board is between seven (7)to nine (9)feet abovegrade;and
d.Where it is completely visible to pedestrians.
2.Additional notice boards maybe required when:
a.The site does notabut a public road;
b.A large site abuts more thanone publicroad;
c.The Citydetermines thatadditional notice boards are necessary toprovide adequatepublicnotice.
3.Notice boards shall be:
a.Maintained in good condition by the applicant during the notice period;
b.Inplace at least thirty(30)days priortothedate of thehearing,or at least fifteen (15)days prior tothe end of any required comment period;
c.Removed within fifteen (15)days after theend ofthenoticeperiod.
4.Removal of the notice board prior to the end of the notice period may be cause fordiscontinuanceoftheCityreviewuntilthenoticeboardisreplacedandremainsinplaceforthespecifiedtimeperiod.
5.An affidavit of posting shall be submitted to the City bythe applicant prior to the hearingorfinalcommentdate.Iftheaffidavits are not filed as required,any scheduled hearing ordatebywhichthepublicmaycommentontheapplication,willbe postponed in order toallowcompliancewiththisnoticerequirement.Anytime required to ensure compliancewiththisrequirementshallbeexceptedfromthe120dayspursuanttosection20.09.090,
6.Notice boards shall be constructed and installed in accordance with specificationspromulgatedbytheCity.
E.Categorically Exempt Proiects:A Notice of Application shall not be required for developmentapplicationsthatarecategoricallyexemptunderchapter43.21C RCW,unless a publiccommentperiodoranopenrecordpredecisionhearingisrequired.
20.07.020 Notice ofPublic Hearing:Notice of a publichearing forall development applicationsandallclosedrecordappealsshallbegivenasfollows:
A.Time of Notices:Except as otherwise required,public notification of meetings,hearings,andpendingactionsunderTitles14through19shallbemadeby:
O 1.Publication at least fifteen (15)days before the date of a public meeting,hearing,orpendingactionintheCity's officialnewspaper of general circulation;and
2.Mailing at least fifteen (15)days before the date of a public hearing,or pending actiontoallpropertyownersasshownontherecordsoftheCountyAssessorandtoallstreetaddressesofpropertieswithinfivehundred(500)feet,not including street rights-of-way,of theboundaries of the property which is thesubject of the meeting or pending action.Addressed,pre-stamped envelopes shall be provided bythe applicant
B.Contentof Notice:The public noticeshall include a general descriptionoftheproposed project,typeof permit(s)required,comment period dates,a non-legaldescription of the property oravicinitymaporsketch,the time,date and place of thepublic hearing and theplace where thecompleteapplicationmaybereviewedandwherefurtherinformationmaybeobtained.
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C.Continuations:If,for any reason,a meeting or hearing on a pending action cannot be
completed on the date set in the public notice,the meeting or hearing may be continued toa
date certain and no further notice under thissectionis required.
D.General Procedure for Mailed Notice of Public Hearin.q:The City Clerk shall issue a sworncertificateofmailingtoallpersonsentitledtonoticeunderthisChapter.The Citymay choose
to provide notice toother persons thanthose required toreceive noticeunder the code.All
public notices shallbe deemed to have been provided or received on the date the notice is
deposited inthemail or is personally received,whichever occurs first.
E.Cost of Public Hearing Notice:Allcosts associated with public notice shall be borne by the
applicant
F.Joint Hearings:
1.The City Zoning Administrator may combine any hearing on a project permit with any
hearing that may be held by another local,state,regional,federal,or other agency,provided thatthehearing is held withinthe geographic boundary ofthe City.Hearings shall
be combined ifrequested by theapplicant,as long as thejointhearing canbe held within
thetimeperiods specified in20.09.090 ortheapplicant agrees tothe schedule intheevent
thatadditional timeis needed inorder tocombine the hearings.
2.The City Zoning Administrator shall cooperate to thefullest extent possible with other
agencies in holding a jointhearing ifrequested todo so,as long as:
a.The agency is not expresslyprohibited by statute from doing so;
b.Sufficient notice of the hearing is given to meet each ofthe agencies'adopted notice
requirements as set forth in statute,ordinance,or rule;and
c.The agency has received the necessary information about the proposed project from
the applicant tohold its hearing at the same timeas the City's hearing.
20.07.030 Notice of Appeal Hearings:In addition to theposting and publicationrequirements of Sectíon
20.07.020,notice ofappeal hearings shall be as follows:
A.For administrative approvals,noticeshallbe mailed toadjacent propertyowners.
B.For Planning Commission recommendations and decisions and Hearing Examiner decisions
being appealed tothe Council,mailing toparties of record from the Commission or Examiner
hearing.
C.For Council decisions being appealed tothe Hearing Examiner,mailingto parties of record
from the Council hearing.
20.07.040 Notice of Decision:Awritten notice of all finaldecisions shall be sent to the applicant,all parties
of record,and any person who,prior tothe rendering of the decision,requested inwriting notice
ofthedecision."Parties of record"shall mean thosepersons as defined in Chapter 20.11.030.
For development applicationsrequiring Planning Commissionreview and CityCouncil approval,
thenotice shall be the signed ordinanceor resolution.
Section 6 Consistency with Development Regulations and SEPA
20.08.010 Determination of Consistency:
A.Purpose.When the City receives a development application,consistency between the
proposed project and the applicable regulations and comprehensive plan should be deter-
mined throughthe process inthisChapter and the City's adopted SEPA ordinance,Chapter
20.04 and Chapter 20,08,Critical Areas and Resource Lands ordinance.
B.Consistenev.Duringthedevelopment applicationreview,the Cityshalldetermine whether the
items listed in thissubsection are defined in the development regulations applicable to the
proposed project.In the absence ofsuch development regulations,the Cityshall determine
whether the items listed in this subsection are defined in theCity's adopted comprehensive
plan.This determination of consistency shall include the following;
i The typeof land use permitted atthe site,including uses thatmaybe allowed under certain
circumstances,ifthe criteria for theirapproval have been satisfied;
2.The level of development,such as units per acre,density of residential development in
urban growth areas,or other measures ofdensity,
3.Availabilityand adequacy ofinfrastructure and publicfacilitiesand services identifiedin the
comprehensive plan,ifthe plan or development regulations provide for funding of these
facilities and services as required byChapter 36.70A RCW;and
4.Characterof thedevelopment,such as compliance withspecific development standards.
20.08.020 InitialSepa Analvsis:
A.The Cityshall also review the development application underthe requirementsofthe State
Environmental PolicyAct ("SEPA"),Chapter43.21C RCW,the SEPA Rules,Chapter 197-11
WAC,and theCityEnvironmental Policy Ordinance,Chapter 14,06,and shall:
1.Determine whetherthe applicable regulations require studies that adequately analyze all
of the development application'sspecific probable adverse environmental impacts;
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2.Determine iftheapplicable regulations require measures that adequately address and/ormitigatesuchenvironmentalimpacts;
3.Determine whether additional studies are required and/or whether the developmentapplicationshouldbeconditionedwithadditionalmitigationmeasures;and
4.Provide prompt and coordinated review by government agencies and the public oncompliancewithapplicableenvironmentallawsandcomprehensiveplan,including
mitigationforspecificproject impacts thathave not been considered and addressed atthecomprehensiveplanordevelopmentregulationlevel.
B.In its review of a development application,the City may determine that the requirements forOenvironmentalanalysis,protection and mitigation measures in the applicabledevelopmentregulations,comprehensiveplan and/or in other applicable local,state or federal laws provideadequateanalysisofandmitigationforthespecificadverseenvironmentalimpactsoftheapplication.
C.Ifthe Citybases or conditionsits approvalofthe development application on compliance withtherequirementsormitigationmeasuresdescribedinsubsectionAofthissection,the CityshallnotimposeadditionalmitigationunderSEPAduringprojectreview.
D.Acomprehensive plan,subarea plan,development regulation or other applicable local,state
or federal law adequatelyaddresses an impact ifthe City has identified the specific adverseenvironmentalimpactsthroughtheplanningandreviewprocessesunderChapter36.70ARCWandChapter43.21C RCW,and:
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 36.70ARCW.
E.In its decision whether a specific adverse environmental impact has been addressed by anexistingruleorlawofanotheragencywithjurisdictionwithenvironmentalexpertisewithregardtoaspecificenvironmentalimpact,the Cityshall consult orallyor in writingwiththat agencyandmayexpresslydefertothatagency.In making this deferral,the City shall base orconditionitsdevelopmentapplicationapprovaloncompliancewiththeseotherexistingrulesorlaws.
F.Nothing in thissection limits the authority of the City in its review or mitigation of a project toadoptorotherwiserelyonenvironmentalanalysesandrequirementsunderotherlaws,asprovidedforbyChapter43.21C RCW.
G.The City shallalso review the applicationunder Title 14,theCity Environmental RegulationsOrdinance.
20.08.030 Categorically Exempt and Planned Actions:
A.Categorically Exempt Actions categorically exempt under Chapter43.21C.110(1)(a)RCW donotrequireenvironmentalrevieworthepreparationofanenvironmentalimpactstatement.An action that is categorically exempt under the rules adopted by the Department of Ecology(Chapter 197-11 WAC)may not be conditioned on or denied under SEPA.
B.Planned Actions:
1.A Planned Action does not require a threshold determination or the preparation of anenvironmentalimpactstatementunderSEPA,but is subject to environmental review andmitigationunderSEPA.
2.A"Planned Action"means one or more types of project action that:
a.Are designated planned actions byordinance or resolution adopted by the City;
b.Have had thesignificantadverse impacts adequately addressed in an environmentalimpactstatementpreparedinconjunctionwith:
1)A comprehensive plan orsubarea plan adopted under Chapter 36.70A RCW,or
2)Afullycontained community,a master planned resort,a master planned develop-ment or a phased project;
c.Are subsequent or implementing projects for the proposals listed in 2(b)of thissubsection;
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;and
f.Are consistent with theCity's comprehensive plan.
C.Limitations on Planned Actions:The City shall limit planned actions to certain types ofdevelopmentortospecificgeographicalareasthatarelessextensivethanthejurisdictionalboundariesoftheCity,and may limit a planned action to a timeperiod identified in theenvironmentalimpactstatementorintheordinanceorresolutiondesignatingtheplannedactionunderRCW36.70A.040.
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D.Limitations on SEPA Review:During project review,theCityshall not reexamine alternatives
toor hearappeals onthe items identified in20.08.010(B),except forissues ofcode interpreta-
tion.Project review shallbe used to identifyspecific project design and conditions relatingto
the character of thedevelopment,such as the details of site plans,transportationdemand
management,curbcuts,drainage swales,the paymentof impact fees,or other measures to
mitigate a proposafs probable adverse environmental impacts.
Section7.Review andApproval Process
20.09.010 Administrative Approvals Without Notice:The City Zoning Administrator may approve,
approve withconditions,ordeny thefollowingwithoutnotice and his or her decisions under thissectionshallbefinalonthedateissued:
A.Lot line adjustments.
B.Extension of timefor approval.
C.Minor amendments or modifications to approved developments or permits.Minor
amendments are thosewhich mayaffecttheprecise dimensions or location of buildings,
accessory structures and driveways,but do not affect:(i)overall project character,(ii)
increase the number of lots,dwelling units,or density,or (iii)decrease the quality oramountofopenspace.
D.Home occupation applications
E.Flood hazard areas
6.Landscaping requirements
G.Off-street parking requirements
H.Junkyard fences (autowrecking yards)
I.Parking/Car Sales lots entrance and exit design
J.Parcel combination
20.09.020 City Council Review:
A.Staff Report:The CityZoning Administrator shall prepare a staff report on the proposed
development oraction summarizing thecomments and recommendations ofCitydepartments,
affected agencies andspecialdistricts,and evaluatingthe development's consistency withtheCity's Development Code,adopted plans and regulations.The staff report shall include
findings,conclusions and proposed recommendations for disposition of the development
application.
B.Hearing:The CityCouncil shall conducta public hearing on development proposals for the
purpose of takingtestimony,hearing evidence,consideringthe facts germane tothe proposal,
and evaluatingthe proposal forconsistency withtheCity's Development Code,adopted plans
and regulations.Notice of the City Council hearing shall be in accordance with Section
20.07.020.
C.Required Findinos:The City Council shall not approve a proposed development unless iffirst
makes thefollowingfindings and conclusions:
1.Thedevelopment is consistent with theComprehensive Plan and meets the requirements
and intent of this Municipal Code.
2.The development makes adequate provisionsfor open space,drainage ways,streets and
other public ways,transit stops,water supply,sanitary wastes,parks and recreation
facilities,playgrounds,sites for schools and schoolgrounds.
3.The development adequately mitigatesimpacts identified under Chapters 14 through19.
4.The development is beneficial tothe public health,safety,and welfare and is in the public
interest.
5.The development does not lowerthe levelofservice of transpodation and/or neighborhood
park facilities below the minimum standards established within the Comprehensive Plan.
Ifthedevelopment results ina level of services lower thanthoseset forth inthe Compre-
hensive Plan,thedevelopment may be approvedifimprovements orstrategies toraise the
level of service above theminimum standard(S)are made concurrent with the develop-
ment.For thepurpose ofthissection,"concurrent withthedevelopment"is defined as the
required improvements or strategies in place at the time of occupancy,or a financial
commitment is in place tocomplete the improvements or strategies withinsix(6)years of
approvalofthe development.
6.The area,location and features of land proposed for dedication are a direct result of the
development proposal,are reasonably needed tomitigate the effects of thedevelopment,
and are proportional to the impacts created by the development.
D.Decision:Upon approving ordisapproving a development proposal or action,the CityCouncil
shall make its decision by motion,resolution,or ordinance as appropriate and cause a copy
of the decision to be delivered to the parties of record.
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20.09.030 CityCouncil Actions:
A.Actions:Upon receiving a recommendation from the Planning Commission or appeal from aHearingExaminerorPlanningCommissiondecision,or notice of any other matter requiringtheCouncil's attention,the Council shall perform the followingactions as appropriate:
1.Make a decision on a Planning Commission recommendation.
2.At the Council'sdiscretion,hold a public hearing and make a decision on the followingmatters:
a.Appeal ofadministrativeinterpretations.
b.Appeal ofadministrativeapprovals.
c.Other matters not prohibited by law.
3.Holda closed record hearing and make a decision on thefollowingmatters:
a.Appeal of a Planning Commission decision.
b.Appeal of a Hearing Examiner decision,
8.Decisions:The City Councilshall make its decision by motion,resolution,orordinanceasappropriate.
1.A Council decision on a Planning Commission recommendation or Hearing Examinerdecisionorfollowingapublichearingshallincludeoneofthefollowingactions:
a.Approve as recommended,
b.Approve withadditionalconditions.
c.Modify,withor without the applicant's concurrence,provided thatthe modifications donot:
1)Enlarge the area or scope of theproject.
2)Increase the density orproposed building size.
3)Significantly increase adverse environmental impacts as determined by theresponsibleofficial.
d.Deny (reapplicationor resubmittal is permitted).
e.Deny with prejudice (reapplicationor resubmittal is not allowed for one year).
f.Remand forfurther proceedings and/or evidentiary hearing inaccordance with Section20.09.080.
20.09.040 Hearing Examiner Review and Action:AllHearing Examiner review,decisions and action shallbeconductedpursuanttotheproceduressetforthinChapter18.80.
20.09.050 Procedures for Public Hearinas:Public hearings shall be conducted in accordance with thehearingbody's rules of procedure and shall serve to create or supplement an evidentiary recorduponwhichthebodywillbaseitsdecision.The Chair shall open the public hearing and,ingeneral,observe the following sequence of events:
A.Staff presentation,including submittal of any administrative reports.Members of the hearingbodymayaskquestionsofthestaff.
B.Applicant presentation,including submittal ofany materials.Members ofthehearing body mayaskquestionsoftheapplicant.
C.Testimony or comments bythe public germane to the matter.Questions directed to the stafforapplicantshallbeposedbytheChairatitsdiscretion,
D.Rebuttal,response or clarifyingstatements by the staff and the applicant
E.The evidentiary portion of the public hearing shall be closed and the hearing body shalldeliberateonthematterbeforeit.
20.09.060 Procedures forClosed Record Appeals:Closed record appeals shallbe conductedinaccordancewiththehearingbody's rules of procedure andshall serve toprovide argument and guidanceforthebody's decision.Closed record appeals shall be conducted generally as provided for publichearings.Except as provided inSection 20,09.080,no new evidence or testimonyshall be givenorreceived.The parties to the appeal maysubmit timelywritten statements or arguments.
20.09.070 Reconsideration:A party toa public hearing or closed record appeal may seek reconsiderationonlyofafinaldecisionbyfilingawrittenrequestforreconsiderationwiththeCityClerkwithinfive(5)days of the oral announcement of the final decision.The request shall comply with section20.11.030(B).The Council or hearing body shall consider the request at its next regularlyscheduledmeeting,without public comment or argument by the party filingthe request.Iftherequestisdenied,the previous action shall become final.Ifthe request is granted,the Council orhearingbodymayimmediatelyreviseandreissueitsdecisionormaycallforargumentinaccordancewiththeproceduresforclosedrecordappeals.Reconsideration should be granted
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onlywhen an obvious legal errorhas occurredor a material factual issue has been overlooked that
would change the previous decision.
20.09.080 Remand:Inthe event the City Council or Hearing Examinerdetermines that the public hearing
record or record on appeal is insufficient or otherwiseflawed,the Council or Hearing Examiner
may remand the matter back to the hearing body to correct the deficiencies.The Council orHearingExaminershallspecifytheitemsorissuestobeconsideredandthetimeframefor
completing the additional work.The Council may hold a public hearing on a closed record appeal
only for the limited purposes identified in RCW 34.05.562(1)as now enacted or hereafter
amended.
20.09.090 Final Decision:
A.M:The final decision on a development proposal shall be made within 120 days from thedateofthenoticeofcompleteness.Exceptions tothistime limitinclude:
1.Amendments to the Comprehensive Plan or Development Code.
2.Any timerequiredtocorrectplans,perform requiredstudiesor provide additional informa-
tion.The period shall be calculatedfrom the date the City notifies the applicant ofthe need
for additionalinformation untilthe earlier of the date the Citydetermines whether theadditionalinformationsatisfiestherequirementor14daysafterthedatetheadditional
information has been provided tothe City.IftheCityZoning Administrator determines that
the additionalinformation submitted by the applicant is insufficient to resume project
review,he or she shall notify theapplicantofthe deficiencies and the procedures under
thissection shallapply as ifa new request for studies had been made.
3.Substantial project revisions made or requested by an applicant,in which case the 120
days will be calculated from thetimethatthe Citydetermines therevised applicationtobe
complete.
4.Alltime required for the preparation and review of an environmentalimpact statement
5.Projectsinvolvingthe siting ofan essential public facilityas provided in RCW 36.70A.200.
6.An extension of timemutually agreed upon by the Cityand the applicant
7.Alltime required to obtaina variance.
8.Any remand to the hearing body.
9.Alltimerequired for the administrative appeal ofa Determination ofSignificance.
10.Any period for administrative appeals of development applications,if an open record
appeal hearing or a closed record appeal,or both,are allowed.The time period for
considering and deciding shall not exceed:(I)Ninety days for an open record appeal
hearing;and (II)sixtydays fora closed record appeal.The parties toanappealmay agreetoextendthesetimeperiods.
11.Projects involving the approval of a new fullycontained communityas provided in RCW
36.70A.350,or a master planned resort as provided in RCW 36.70A.360.
12.Any timerequired to ensure applicant compliance with theposting requirements pursuant
to section20.07.010.
B.Effective Date:The finaldecision of theCouncil orhearing body shallbe effectiveon thedate
stated in the decision,motion,resolution,or ordinance,provided that the date from which
appeal periods shall be calculated shall be the date the Council or hearing body takes action
on the motion,resolution or ordinance.
C,Failure toMeet Time Limits:IftheCityis unable toissue its finaldecision withinthe timelimits
providedfor inthissection,theCityZoning Administrator shall provide written notice ofthisfact
totheproject applicant.The notice shall include a statementof thereasons why thetimelimits
have not been met and an estimated date for issuance of the notice of final decision.
20.09.100 Agent:The CityZoning Administrator may require the applicant for a projectpermitto designate
a single person or entity to receivedeterminations and notices required by thisChapter.
Section 8.Appeals:
20.11.010 Tvoes of Administrative Appeals:Administrative interpretations and administrative approvals,
determinations ofnonsignificance (DNS)and mitigated determinations ofnonsignificance (MDNS),
recommendations and decisions ofthePlanning Commission,decisions ofthe Hearing Examiner,
and any additionalitems as specified in section 20.03.030 may be appealed to the appropriate
person or body.
20.11.020 Consolidated Appeals:AIIappeals of development applicationdecisions,includingaccompanying
environmental determinations,shallbe consideredtogether in a consolidated appeal,except as
to:
A.an appeal ofa Determination of Significance;
B.an appeal of a procedural determination made bytheCitywhen theCityis a project proponent
or isfunding a project,and chooses toconduct its reviewunderChapter43.21C RCW (SEPA);
C.an appeal ofa procedural determination made bytheCityon a nonproject action;or
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D.an appeal tothe City Council under RCW 43.210.060 or other applicable state statutes.
20.11.030 Standing to Initiate Administrative Appeal:
A.Limited to Parties of Record:Only parties of record may initiate an administrative appeal ofadecisiononadevelopmentapplication.
B.Definition:The term "partiesof record"for the purposes of thischapter,shall mean:
1.theapplicant;
2.any person whotestifiedat theopen record public hearing on the application and/or;
3.any person who submittedwritten comments concerning theapplication attheopenrecordpublichearing(excludingpersons who have only signed petitions or mechanicallyproducedformletters.)
20.11.040 Acceal to the CityCouncil:
A.15102:Every appeal to theCity Council shall be filed with the City Clerk within fourteen (14)days after the date oftherecommendation,conditional decision ordecision ofthematterbeingappealed.The Cityshall extend theappeal period for an additionalseven days,ifstate or localrulesadoptedpursuanttoChapter43.21C,RCW allow public comment on a determination ofnonsignificanceissuedaspartoftheappealabledevelopmentapplicationdecision.AppealsmaybedeliveredtotheCityClerk's officeby mailor personal delivery before 5:00 pm onthelastbusinessdayoftheappealperiod.
B,Computation of Time:For the purposes of computing thetimefor filingan appeal,theday thehearingbody's decision is rendered shall not be included.The last day of the appeal periodshallbeincludedunlessitisaSaturday,Sunday,a day designated by RCW 1.16,050 or bytheCity's ordinance as a legal holiday,then it also is excludedand the filingmust be completedonthenextbusinessday.
C.Contentof Appeal:The notice ofappeal shall be inwriting,be accompanied byan appeal fee,and shall contain a concise statement identifying:
1.Appellant's name,address and phone number;
2.Appellant's statement describing his orher standingto appeal;
3.Identification of the application which is the subject of the appeal;
4.Appellant's statementofgrounds for appealand thefacts upon which theappeal is based,including the specific reasons why theappellant believes thedecision tobe wrong.Theappellantshallbeartheburdenofprovingthedecisionwaswrong;
5.The relief sought,including the desired outcome or changes tothe decision;and
6.A statement that theappellant has read the appeal and believes thecontents to be true,followed by the appellant'ssignature.
D.Effect of Appeal:The timelyfilingof an appeal inaccordance with the above provisions shallstaytheeffectivedateofthehearingbody's decision until such time as the appeal is adjudi-cated by the Council or is withdrawn.
E.Public Notice of Appeal:The CityClerk shall provide public notice of the appeal as providedinSection20.07.030.
20.11.050 Judicial Appeal:
A.Appeals from the finaldecision ofthe City Council or other Cityboard or body involvingTitles14through19ofthiscode,and forwhich allother appeals specifically authorized have beentimelyexhausted,shallbe made to Grant County Superior Court within twentyone (21)daysofissuanceofthedecision,as provided inChapter 36.70C RCW.Appeals maybe made onlybyapartyofrecordwithstandingtofilealandusepetitioninGrantCountySuperiorCourt.
B.Notice oftheappeal and any other pleadings required tobe filedwith thecourt shall be served
on theCityClerk,CityZoning Administrator,andCityAttorney withintheapplicable timeperiod.This requirement isjurisdictional.
O C.The cost of transcribingand preparing allrecords ordered certified by thecourt ordesired bytheappellantforsuchappealshallbebornebytheappellant.The appellant shall post with theCityClerkpriortothepreparationofanyrecordsanadvancefeedepositintheamountspecifiedbytheCityClerk.Any overage willbe promptly returned tothe appellant.
Section 9.Enforcement:
20.13.010 Enforcing Official;Authority:The CityZoning Administrator shall beresponsible forenforcing Titles14through19,and may adopt administrative rules to meet that responsibility.The CityZoningAdministratormaydelegateenforcementresponsibilitytotheBuildingOfficial,Fire Chief,Chief ofPolice,or Municipal Services Director as appropriate.
20.13.020 General Penaltv:Compliance withthe requirements of Titles 14 through19 shall be mandatory.All violationsof the requirements of Titles 14 through19 shall be punished by a civil infractionsubjecttothemaximumpenaltyprovidedbyChapter1.08 ofthis Code.The enforcement actionsauthorizedunderthischaptershallbesupplementaltothosegeneralpenaltiesandremedies.
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20.13.030 A_gggcation:
A.Actions under thischapter may be taken in any order deemed necessary or desirable by theCityZoningAdministratortoachievethepurposeofthischapteroroftheDevelopmentCode.
B.Proof ofa violation ofa development application permitor approvalshallconstituteprima facie
evidencethatthe violation is thatofthe applicant and/orownerof the property upon which theviolationexists.An enforcement action under this chapter shall not relieve or prevent
enforcement against any other responsible person.
20.13.040 CivilRequlatory Order:
A.Authority:A civilregulatory order may be issued and served upon a person ifany activity by
or at the direction of that person is,has been,or may be taken inviolation of the Development
Code.
B.Notice:A civilregulatoryorder shall be deemed served and shall be effective when posted at
the location of the violationand/or delivered to any suitable person at the location and/or
delivered by mail or otherwise to the owneror other person having responsibility for the
location.
C.Content:A civilregulatory order shall set forth:
1.The name and address of theperson to whom itis directed.
2.The location and specific description of the violation.
3.A notice thatthe order is effective immediately upon posting at the site and/orreceipt by
the person to whom itis directed.
4.An orderthatthe violation immediately cease,or thatthe potential violationbe avoided.
5.An order thatthe person stop work untilcorrection and/or remediation of the violation asspecifiedintheorder.
6.A specific description ofthe actions required to correct,remedy,or avoid the violation,
including a timelimittocomplete such actions.
7.A notice thatfailure to comply withthe regulatory order may result infurther enforcement
actions.
D.Remedial Action:The CityZoning Administrator mayrequireanyaction reasonably calculated
to correct or avoid the violation,including but not limited to replacement,repair,
supplementation,revegetation,orrestoration.
E.Appeal:A civilregulatory order may be appealed as provided by law.
20.13.050 CivilFines:
A.Authority:Aperson who violates anyprovision ofthe Development Code,orwho fails toobtain
any necessary permit,or who fails tocomply with a civilregulatory order,shall be subject to
a civilfine.
B.Amount:The civilfine assessed shall not exceed onethousand($1,000.00)plus all enhance-
ments for each violation.Each separate day,event,or action or occurrence shallconstitute
a separate violation.
C.Notice:Acivilfine shall be imposed bya written notice,and shall be effective when served orpostedassetforthin20.13.030(B).The notice shall describe the date,nature,location,and
act(s)comprising theviolation,the amountofthe fine,and theauthorityunderwhich thefine
has been issued.
D.Collection:Civilfines shall be immediately due and payable upon issuance and receipt of the
notice.The CityZoning Administrator may issue a regulatory order stopping work until such
fine ispaid.Ifremission or appealof thefine issought,the fine shall be due and payable uponissuanceofafinaldecision.If a fine remains unpaid 30 days after it becomes due and
payable,the CityZoning Administrator maytake actions necessary to recover the fine.Civil
fines shall be paid into the City's general fund.
E.Application for Remission:Any person incurring a civilfine may,withintendays of the receipt
of the notice,apply inwriting to the CityZoning Administrator for remission of the fine.The
CityZoning Administrator shall issue a decision onthe application withintendays.Afine may
be remitted only upon a demonstration of extraordinary circumstances.
20.13.060 Review of Approved Permits:
A.Review:Anyapprovalor permit issued undertheauthority ofthe Development Code may be
reviewed for compliancewiththe requirements of the Development Code,or to determine if
theactionis creating a nuisance or hazard,has been abandoned,or the approvalor permit
was obtained by fraud ordeception.
B.Initiationof Review:The review of an approval or permit may be initiated by the City Zoning
Administrator,CityCouncil,or by petition tothe CityZoning Administrator by three property
owners or three residents of separate dwellingunits in theCity,stating theirbelief as to the
noncompliance,nuisance,hazard of the permitted activity.
IIIIIIIIEME
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C.CityZoninq Administrator's Investigation:Upon receipt of the information indicating the needfor,oruponreceiving a request for review of permit or approval,theCity Zoning Administratorshallinvestigatethematterandtakeoneormoreofthefollowingactions:
1.Notifythe property owner or permit holder of the investigation;and/or
2.Issue a civilregulatory order and/or civilfineand/or recommend revocation or modificationofthepermitorapproval;and/or
3.Refer thematter tothe CityAttorney;and/or
4.Refer the matter tothe CityCouncil with a recommendation for action.
20.13.070 Revocation or ModificationofPermits and Amorovals:
A.Upon receiving a City Zoning Administrator's recommendation for revocation or modificationofapermitorapproval,the City Council shall review the matter at a public hearing.Upon afindingthattheactivitydoesnotcomplywiththeconditionsofapprovalortheprovisionsoftheDevelopmentCode,or creates a nuisance or hazard,the City Council may delete,modify,orimposesuchconditionsonthepermitorapprovalitdeemssufficienttoremedythedeficien-cies,IftheCouncil finds no reasonable conditions which would remedy the deficiencies,thepermitorapprovalshallberevokedandtheactivityallowedbythepermitorapprovalshallcease.
B.If a permit or approval is revoked for fraud or deception,no similar application shall beacceptedforaperiodofoneyearfromthedateoffinalactionandappeal,ifany.Ifa permit
or approval is revoked for any other reason,another application may be submittedsubjecttoalloftherequirementsoftheDevelopmentCode.
Section 10.This ordinance shall take effect and be inforce five (5)days after its passage and publication ogitssummaryasprovidedbylaw.
Adopted by the City Council and signed by its Mayor on December 23,2002
Rirfance Director
ED A