HomeMy WebLinkAbout4835ORIGINA
ORDINANCE NO. 4 8 3 5
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RELATING TO THE REVIEW OF LOCAL PROJECT PERMITS,
ADOPTING ADMINISTRATIVE PROCEDURES FOR THE PROCESSING OF
PROJECT PERMIT APPLICATIONS AS REQUIRED BY THE REGULATORY
REFORM ACT, CHAPTER 36.70B RCW, SETTING FORTH GENERAL
REQUIREMENTS FOR A COMPLETE APPLICATION; ALLOWING FOR
OPTIONAL CONSOLIDATED PERMIT PROCESSING; DESCRIBING THE
PROCESS FOR ISSUANCE OF A NOTICE OF DETERMINATION OF
COMPLETENESS AND A NOTICE OF APPLICATION; DESCRIBING THE
PROCESS FOR DETERMINING CONSISTENCY; SETTING TIME FPJtMES FOR
THE PROJECT PERMIT PROCESS; DESCRIBING PUBLIC NOTICE
PROCEDURES; DESCRIBING THE PROCESS FOR ISSUANCE OF A NOTICE
OF DECISION; AND ADDING A NEW TITLE 14 TO THE Al/BURN CITY
CODE IN ORDER TO IMPLEMENT CHAPTER 36.70B RCW REQUIREMENTS.
WHEREAS, the Regulatory Reform Act, codified in chapter
36.70B RCW, requires that the City establish a project permit
review process which, among other things, (1) combines the
environmental review process, both procedural and
substantive, with the procedure for the review of project
permits; (2) provides for an integrated and consolidated
review and decision on two or more project permits relating
to a proposed action; (3) provides for no more than one open
record hearing and one closed record proceeding (except for
the appeal of a determination of significance as provided in
RCW 43.21C.075); and (4) provides for the issuance of the
City's final decision within 120 days (subject to the
exclusion of certain time periods) after the applicant is
notified that the application is complete; and
WHEREAS, the Act provides that the timeframes for permit
processing shall apply only to project permit applications
filed on or after April 1, 1996; and
Ordinance No. 4835
February 22, 1996
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WHEREAS, to comply with the provisions of the Act, there
is hereby created a new Title 14 entitled "Project Review"
which is added to the Auburn City Code.
NOW, THEREFORE, THE CITY COUNCIL OF
WASHINGTON, DO ORDAIN AS FOLLOWS:
THE CITY OF AUBURN,
Section 1. Title 14 entitled "Project Review", Chapters
14.01 through 14.17, are hereby added to the Auburn City Code
as set forth in attached Exhibit "A" which is by this
reference made a part hereof as though fully set forth
herein.
Section 2.
clause, phrase or portion
provisions adopted herein,
If any section, subsection, sentence,
of this Ordinance or any of the
is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the remaining
provisions thereof.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. This Ordinance shall take effect and be in
force from and after April 1, 1996.
Ordinance No. 4835
February 22, 1996
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance No. 4835
February 22, 1996
Page 3
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
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EXHIBIT "A"
TITLE 14
PROJECT REVIEW
Chapters:
14.01
14.02
14.03
14.04
14.05
14.06
14.07
14.08
14.09
14.10
14.11
14.12
14.13
14.14
14.15
14.16
14.17
Purpose and scope
Definitions
Types of project permit decisions
Preapplication conferences
Applications
Notice of determination of completeness
Notice of application
Project review determinations
Issuance of single report
Hearings
Notice of final decision
Optional consolidated project permit review process
Appeals
Exclusions
Project review time periods
Immunity from damage claims
Judicial review of land use decisions
Exhibit"A"Ordinance 4835
February27,1996
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Chapter 14.01
PURPOSE AND SCOPE
The purpose and scope of this title is to establish standard proccdures for all project
permit decisions made by the City of Auburn. The intent of the procedures is to combine the
environmental review process, both procedural and substantive, with procedures for review
of project permit decisions and except for the appeal of a determination of significance as
provided in RCW 43.21C.075 provide for consolidation of appeal processes for permit
decisions. The goals are to allow for informed public participation, reduce redundancy in
the application, permit review and appeal processes, thereby minimizing delays and expense,
and implement the city's goals as set forth in the Comprehensive Plan.
Any project permit application submitted on or after April 1, 1996 shall be processed
as provided in this Title. If any requirements contained in this newly created Title 14 are in
conflict with provisions or requirements contained in other Titles of the Auburn City Code, a
request for interpretation regarding applicability may be submitted to the director of the
department which has authority to administer the provision, code, regulation, plan, rule or
manual. The department director will provide a written response within ten working days
after receipt of the request.
Sections:
14.02.010
14.02.020
14.02.030
14.02.040
14.02.050
14.02.060
14.02.070
14.02.080
14.02.090
14.02.100
Chapter 14.02
DEFINITIONS
Administrative decision
Closed record appeal
Optional consolidated permit review
Development regulations
Legislative decision
Open record hearing
Project permit or project permit application
Public meeting
Quasi-judicial decision
Record
Unless the context clearly requires otherwise, the definitions in this section apply
throughout title and the Auburn City Code.
Exhibit "A" Ordinance 4835
February 27, 1996
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14.02.010. Administrative decision.
An "administrative decision" is one which is made by one of the city's department
heads or his/her designee.
14.02.020. Closed record appeal.
"Closed record appeal" means an administrative appeal to the city council of a
decision or recommendation issued by the hearing examiner following an open record
hearing conducted by the hearing examiner on a project permit application. The appeal is on
the record with no or limited new evidence or information allowed to be submitted.
Argument of the appeal is allowed from the record, this may include comments from the
record or questions regarding the record.
14.02.030. Optional consolidated permit review.
"Optional consolidated permit review" means review and decision on two or more
project permits relating to a proposed project action, including a single application review
and approval process covering all of the project permits requested by an applicant for either
all or part of a project action.
14.02.040. Development regulations.
"Development regulations" means the controls placed on development or land use
activities by the city, including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned unit development
ordinances, and subdivision ordinances together with any amendments thereto. A
development regulation does not include a decision to approve a project permit application,
as defined in ACC 14.02.070, even though the decision may be expressed in a resolution or
ordinance of the city.
14.02.050. Legislative decision.
A "legislative decision" is one which is an action which affects broad classes of
people of the whole city. These actions include adopting, amending, or revising
comprehensive, community, or neighborhood plans or other land use planning documents or
the adoption of area wide zoning ordinances or the adoption of a zoning amendment that is
area wide in significance.
14.02.060. Open record hearing.
"Open record hearing" means a hearing, conducted by a single heating body or
officer authorized by the City to conduct such hearings, that creates the City's record through
testimony and submission of evidence and information, under procedures prescribed by the
City by ordinance or resolution. An open record hearing may be held prior to a decision by
the City on a project permit, to be known as an "open record predecision hearing." An open
record hearing may be held on an appeal, to be known as an "open record appeal hearing," if
no open record predecision hearing has been held on the project permit.
Exhibit "A" Ordinance 4835
February 27, 1996
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14.02.070. Project permit or project permit application.
"Project permit" or "project permit application" means any land use or environmental
permit or license required from the City for a project action, including but not limited to
building permits, subdivisions, planned unit developments, conditional uses, shoreline
substantial development permits, site plan review, permits or approvals required by critical
area ordinances, site-specific rezones authorized by the Comprehensive Plan or subarea plan,
but excluding the adoption or amendment of the Comprehensive Plan, subarea plan, or
development regulations except as otherwise specifically included in this subsection.
14.02.080. Public meeting.
"Public meeting" means an informal meeting, workshop, or other public gathering of
people to obtain comments from the public or other agencies on a proposed project permit
prior to the city's decision. A public meeting may include, but is not limited to, a scoping
meeting on a draft environmental impact statement. A public meeting does not include an
open record hearing. The proceedings at a public meeting may be recorded and a report or
recommendation may be included in the City's project permit application file.
14.02.090. Quasi-judicial decision.
A "quasi-judicial decision" is one where action is taken by the hearing examiner or
city council which determines the legal rights, duties, or privileges of specific parties and
which may be contested.
14.02.100. Record.
"Record" means everything submitted by the city, applicant, public or outside
agencies, including but not limited to, all testimony, exhibits, studies, information, and maps
accepted by the hearing examiner at the open record hearing.
Chapter 14.03
TYPES OF PROJECT PERMIT DECISIONS
Sections:
14.03.010
14.03.020
14.03.030
14.03.040
14.03.050
14.03.060
Type I decisions
Type II decisions
Type III decisions
Type IV decisions
Type V decisions
Legislative non-profit decisions
Project permit decisions are classified into five types, based on whether a director,
the hearing examiner or the city council makes the decision and the process by which that
decision is made.
Exhibit "A" Ordinance 4835
February 27, 1996
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14.03.010. Type I decisions.
Type I decisions are administrative decisions made by the City which are not subject
to environmental review under the State Environmental Policy Act (SEPA) codified at
chapter 43.21C RCW. Type I decisions include, but are not limited to, the following project
applications:
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Building permit
Plumbing permit
Mechanical permit
Utility permit
Special permit
Excavation permit
Land clearing permit
Grading permit
Flood control zone permit
Public facility extension agreement
Right of way use permit
Lot line adjustment
Home occupation permit
Temporary use permit (administrative)
Administrative use permit
Short subdivision (plat)
14.03.020. Type II decisions.
Type II decisions are administrative decisions made by the city which include
threshold determinations under SEPA. Type II decisions include, but are not limited to, the
following project applications:
B.
C.
D.
E.
F.
Building permit
Grading permit
Land clearing permit
Public facility extension agreement
Administrative use permit
Short subdivision (plat)
14.03.030. Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing examiner
which are subject to appeal. Type III decisions include, but are not limited to, the following
project applications:
B.
C.
D.
E.
Temporary use permit
Substantial shoreline development permit
Variance
Special exceptions
Special home occupation permit
Exhibit "A" Ordinance 4835
February 27, 1996
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14.03.040. Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council following a
recommendation by the Hearing Examiner. Type IV decisions include, but are not limited
to, the following project applications:
B.
C.
D.
Preliminary plat
Conditional use permit
Surface mining permit
Rezone (site-specific)
14.03.050. Type V decisions.
Type V decisions are quasi-judicial decisions made by the city council following a
recommendation by the Planning and Community Development or Public Works Director or
his/her designee. Type V decisions include, but are not limited to, the following project
applications:
A. Final plat
B. Street vacation
14.03.060. Legislative non-project decisions.
Legislative non-project decisions made by the City Council under its authority to
establish policies and regulations are not classified as a "type" of project permit decision.
Legislative non-project decisions include, but are not limited to, the following legislative
actions:
Regulations.
B.
Amendments to the text and map of the Comprehensive Plan or Development
Amendments to the Zoning Map (rezones) on a city-wide or area-wide basis.
Chapter 14.04
PREAPPLICATION CONFERENCES
A preapplication conference is available and encouraged prior to submitting an
application for a project permit.
Exhibit "A" Ordinance 4835
February 27, 1996
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Sections:
14.05.010
14.05.020
Chapter 14.05
APPLICATIONS
Designation
Submittal requirements
14.05.010. Designation.
Each applicant submitting a project permit to the city shall designate a single person
or entity to receive determinations and notices under this Title. The applicant shall include
the name, current address and current telephone number of the designated person or entity.
The applicant shall be responsible for immediately notifying the city of any change of name,
address or telephone number of the designated person or entity
14.05.020. Submittal requirements.
A. The city shall specify submittal requirements, including, but not limited to,
the type of project permit application, detail required in application and number of
application copies. The city, at its sole discretion, may waive specific submittal
requirements which it determines to be unnecessary for review of an application. Applicants
may obtain application materials from the city.
B The city may require additional material from applicants, including, but not
limited to, maps, studies or models when the city determines such material(s) is needed to
adequately assess the proposed project.
C. Applicants seeking approval of permits must complete an application form
furnished by the city and comply with any requirements set forth in applicable city
ordinances and any referenced design manuals.
Section:
14.06.010
Chapter 14.06
NOTICE OF DETERMINATION OF COMPLETENESS
Notice to applicant
Exhibit "A" Ordinance 4835
February 27, 1996
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14.06.010 Notice to applicant.
A. Within 28 days after receiving a project permit application, the city shall mail
or provide in person a written determination to the applicant or to such person or entity
designated in applicant's application to receive determination and notices that the application
is complete, or that it is incomplete and what is necessary to make the application complete.
B. The city's determination shall identify other agencies with jurisdiction over
the project permit application, to the extent known by the city.
C. If the city does not provide a written determination within the 28-day period
following the city's receipt of the project permit application as provided in subsection (A)
above, the application shall be deemed to be complete.
D. If additional information or studies is required to make the application
complete, within 14 days after an applicant has submitted the additional information
identified by the city as necessary, the city shall notify the applicant, or to such person or
entity designated in the applicant's project permit application, whether the application is
complete and if not, what additional information is needed.
E. If the city determines that the additional information submitted by the
applicant is insufficient, the city shall notify the applicant of the deficiencies and the
procedures under ACC 14.06(D) above shall apply as if a new request for information had
been made.
F. An application is complete for purposes of this section when it meets the
submittal requirements established in the Auburn City Code and the ordinances of the city
and is sufficient for continued processing, even though additional information might be
required or project modifications might be undertaken subsequently. The determination of
completeness shall not preclude the city from requesting additional information or studies
either at the time of the notice of completeness or subsequently, if new information is
required to complete the review of the application or if substantial changes in the permit
application occcur or are proposed.
G. An application will be considered withdrawn if the city does not receive the
requested necessary additional information within 60 days of notice(s) to the applicant, or to
such person or entity designated in the applicant's project permit application, that the
application is not complete, unless the city and applicant have agreed in writing to an
extension of time.
Exhibit "A" Ordinance 4835
February 27, 1996
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Chapter 14.07
NOTICE OF APPLICATION
Sections:
14.07.010
14.07.020
14.07.030
14.07.040
14.07.050
14.07.060
14.07.070
14.07.080
Notice to public and departments and agencies with jurisdiction
Requirements
Notice if open record predecision hearing required
Methods of providing notice
Integration of permit procedures with environmental review procedures
Exemptions
Applicant deemed participant
Administrative interpretation of city's code and/or development regulations
14.07.010. Notice to public and departments and agencies with jurisdiction.
The city shall provide a notice of application to the public and the departments and
agencies with jurisdiction as provided in this chapter.
14.07.020. Requirements.
A. Within 14 days after issuance of a determination of completeness, the city
shall provide notice of the application which shall include the following:
1. The date of application, date of notice of completeness, and the date
of notice of application;
2. A description of the proposed project action and a list of the project
permits included in the application and, if applicable, a list of any studies requested
under ACC 14.06 or 14.11;
3. Identification of other permits not included in the application to the
extent known by the city;
4. Identification of existing environmental documents that evaluate the
proposed project, and, if not otherwise stated on the document providing the notice
of application, the location where the application and any studies can be reviewed;
5. A statement of the public comment period, which shall be fifteen days
following the date of the notice of application tog. ether with a statement 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. The city
may accept public comments at any time prior to the closing of the record of an open
record predecision hearing, if any, or, if no open record predecision hearing is
provided, prior to the decision on the project permit.
6. If applicable and scheduled at the time of the notice of application, the
date, time, location and type of hearing.
Exhibit "A" Ordinance 4835
February 27, 1996
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7. A statement of preliminary determination, if one has been made at the
time of notice of application, of those development regulations that will be used for
project mitigation and of consistency as provided in ACC 14.08.
8. Any other information determined to be appropriate by the City.
14.07.030. Notice if open record predecision hearing required.
If an open record predecision hearing is required for the requested project permits,
the notice of application shall be provided at least fifteen days prior to the open record
hearing.
14.07.040. Methods of providing notice.
A. Unless otherwise required in the city's code, the city shall use at a minimum
the following methods to give notice of application to the public and agencies with
jurisdiction:
1. Mailing notice to owners of real property within 300 feet of the
project site.
2. Posting five signs or placards on the site or in a location immediately
adjacent to the site. The Director shall establish standards for size, color, layout,
design, wording and placement of the signs/placards.
3. Mailing notice of application with information included in this
section, to each person who has requested such notice and paid any applicable fee as
established by the city.
14.07.050. Integration of permit procedures with environmental review procedures.
A. If the city has made a determination of significance under chapter 43.21C
RCW concurrently with the notice of application, the notice of application shall be
combined with the determination of significance and scoping notice. Nothing in this chapter
prevents a determination of significance and scoping notice from being issued prior to the
notice of application.
B. Except for a determination of significance, the city ma.y not issue its
threshold determination, or issue a decision or a recommendation on a project permit until
the expiration of the public comment period on the notice of application.
C. The city shall issue its threshold determination at least 15 days prior to the
open record predecision hearing if the city's threshold determination requires public notice
under chapter 43.21C RCW.
D. Any comments shall be as specific as possible.
Exhibit "A" Ordinance 4835
February 27, 1996
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14.07.060. Exemptions.
A notice of application shall not be required for project permits that are categorically
exempt under SEPA, unless a public comment period or open record predecision hearing is
required.
14.07.070. Applicant deemed participant.
The applicant for a project permit is deemed to be a participant in any comment
period, open record hearing or closed record appeal.
14.07.080. Administrative interpretation of city's code and/or development
regulations.
An administrative interpretation of the city's code and/or development regulations
may be obtained by submitting a written request to the director of the department which has
authority to administer the code and/or development regulations. The department director
will provide a written response within ten working days after receipt of the request unless
another time period is agreed upon in writing between the parties.
Chapter 14.08
PROJECT REVIEW DETERMINATIONS
Sections:
14.08.010
14.08.020
Required elements
Determination of consistency
14.08.010. Required elements.
A. During project review, the city or any subsequent reviewing body shall
determine whether the following items are defined in the development regulations applicable
to the proposed project or, in the absence of applicable regulations, the city's adopted
Comprehensive Plan. At a minimum, such applicable regulations or plans shall be
determinative of the:
1. Type of land use permitted at the site, including uses which may be
allowed under certain circumstances, such as planned unit developments and
conditional and special uses, if the criteria for their approval have been satisfied;
2. Density of residential development in urban growth areas; and
3. Availability and adequacy of public facilities identified in the
Comprehensive Plan, if the Plan or development regulations provide for funding of
these facilities as required by chapter 36.70A RCW.
Exhibit "A" Ordinance 4835
February 27, 1996
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B. During project review, the city or any subsequent reviewing body shall not
reexamine alternatives to or hear appeals on the items identified in Subsection A above,
except for issues of code interpretation.
C. Nothing in this section limits the authority of the city to approve, condition,
or deny a project as provided in its development regulations under chapter 36.70A RCW and
in its policies adopted under RCW 43.21C.060. Project review shall be used to identify
specific project design and conditions relating to the character of development, such as the
details of site plans, curb cuts, drainage swales, transportation demand management,
payment of impact fees or other measures to mitigate a proposal's probable adverse
environmental impacts, if applicable.
14.08.020. Determination of consistency.
A. A proposed project's consistency with the city's development regulations
adopted under chapter 36.70A RCW, or, in the absence of applicable development
regulations, the appropriate elements of the comprehensive plan or subarea plan adopted
under 36.70A RCW shall be determined by consideration off
1. The type of land use;
density;
The level of development, such as units per acre or other measures of
3. Infrastructure, including public facilities and services needed to serve
the development; and
4. Character of the development, such as development standards.
B. In determining consistency, the determinations made pursuant to ACC
14.08.010(A) shall be controlling.
C. For purposes of this section, the term "consistency" shall include all terms
used in this chapter and chapter 36.70A RCW to refer to performance in accordance with
this title and chapter 36.70A RCW, including but not limited to compliance, conformity, and
consistency.
D. Nothing in this subsection ACC 14.08.020 requires documentation, dictates
an agency's procedures for considering consistency, or limits the city from asking more
specific or related questions with respect to any of the four main categories listed in ACC
14.08.020(A) above.
Exhibit"A" Ordinance 4835
February27,1996
Page 12
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Chapter 14.09
ISSUANCE OF SINGLE REPORT
A single report shall be issued stating all the decisions made as of the date of the
report on all project permits included in the consolidated permit process that do not require
an open record predecision hearing and any recommendations on project permits that do
require an open record predecision hearing. The report shall state any mitigation required or
proposed under the city's development regulations or the city's authority under RCW
43.21C.060. The report may be the local permit. If a threshold determination other than a
determination of significance has not been issued previously by the city, the report shall
include or append this determination.
Chapter 14.10
HEARINGS
Sections:
14.10.010
14.10.020
Limitations
Multi-jurisdictional hearings
14.10.010. Limitations.
Except for the appeal of a determination of significance as provided in RCW
43.21C.075, the city provides no more than one open record hearing and one closed record
appeal.
14.10.020. Multi-jurisdictional hearings.
A. The city may combine any heating on a project permit with any hearing that
may be held by another local, state, regional, federal, or other agency provided that the
hearing is held within the geographic boundary of the city. Heatings shall be combined if
requested by an applicant, as long as the joint hearing can be held within the time periods
specified in ACC 14.11 or the applicant agrees in writing to a different schedule in the event
that additional time is needed in order to combine the hearings. The city and all state
agencies participating in a combined hearing are authorized to issue joint hearing notices and
develop a joint format, select a mutually acceptable hearing body or officer, and take such
other actions as may be necessary to hold joint heatings consistent with each jarisdiction's
respective statutory obligations.
B. All state and local agencies shall cooperate to the fullest extent possible with
the city in holding a joint hearing if requested to do so, as long as:
1. The agency is not expressly prohibited by statute tYom doing so;
Exhibit "A" Ordinance 4835
February 27, 1996
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2. Sufficient notice of the hearing is given to meet each of the agencies'
adopted notice requirements as set forth in statute, ordinance or role; and
3. The agency has received the necessary info~nation about the
proposed project from the applicant to hold its hearing at the same time as the city's
hearing.
C. Any public meeting or required open record hearing may be combined with
any public meeting or open record hearing that may be held on the project by another local,
state, regional, federal, or other agency, in accordance with ACC 14.11 and 14.07.
Sections:
14.11.010
14.11.020
14.11.030
14.11.040
Chapter 14.11
NOTICE OF FINAL DECISION
Time limits
Exceptions
Late issuance of final decision
Distribution
14.11.010. Time limits.
Except as provided in subsection 14.11.020 below, the city shall issue a notice of
final decision on a project permit application within 120 days after the applicant is notified
in writing that the application is complete as provided in ACC 14.06. The following periods
of time are excluded in determining the number of days which have elapsed:
A. Any period during which the applicant has been requested to correct
plans, perform required studies, or provide additional required information. The
period is calculated from the date the applicant is notified of the need for additional
information until the earlier of: a) the date the city determines whether the additional
information satisfies the request for information, or b) 14 days after the date the
information has been provided. If the information submitted by the applicant under
this subsection is insufficient, the city shall notify the applicanl of the deficiencies
and the procedures described above shall apply as if a new request for studies had
been made.
B. Any period during which an EIS is being prepared following a
determination of significance pursuant to chapter 43.21C RCW. The city and
applicant will agree in writing on the time period for completion of an EIS.
Exhibit "A" Ordinance 4835
February 27, 1996
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C. Any period for administrative appeals of project permits, if an open
record appeal hearing or closed record appeal, or both, are allowed. The time period
shall not exceed: (i) ninety days for an open record appeal hearing; and (ii) sixty
days for a closed record appeal. The parties may agree in writing to extend the
applicable time periods for appeal.
D. Any extension of time mutually agreed upon in writing by the
applicant and city.
14.11.020. Exceptions.
The time limits established above do not apply if a project application:
regulation;
Requires an amendment to the Comprehensive Plan or a development
B. Requires approval of a new fully contained community as provided in
RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the
siting of an essential public facility as provided in RCW 36.70A.200; or
C. Is substantially revised by the applicant, in which case the time period
shall start from the date at which the revised project application is determined
complete under ACC 14.06.
14.11.030. Late issuance of final decision.
If the city is unable to issue the final decision within the prescribed time limits, the
city shall provide written notice of this fact to the applicant. The notice shall include a
statement of the reasons why the time limits have not been met and an estimated date for
issuance of the Notice of Decision.
14.11.040. Distribution.
D. The Notice of Decision shall be provided to the applicant and to any person
who, prior to the rendering of the decision, requested notice of the decision or submitted
comments on the application. The notice shall be provided as specified in ACC 14.07.040.
It shall include a statement of any threshold determination and procedures for administrative
appeal, if applicable. It may be a copy of the report or decision on the project permit
application.
Exhibit "A" Ordinance 4835
Februaw 27, 1996
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Sections:
14.12.010
14.12.020
14.12.030
14.12.040
Chapter 14.12
OPTIONAL CONSOLIDATED PROJECT PERMIT PROCESS
Applicant option
Hearing/appeal
Public meeting
Single report
14.12.010. Applicant option.
A. An applicant may request an integrated and consolidated review and decision
on two or more project permits relating to a proposed project action. The city will provide a
single application review and approval process to cover all project permits requested by an
applicant for all or part of a project action. The city will provide a designated permit
coordinator upon request of the applicant.
B. If an applicant elects the consolidated permit review process, the
determination of completeness, notice of application and notice of final decision will include
all project permits being reviewed in the consolidated process.
14.12.020. Hearing/appeal.
A. The consolidated review process shall include no more than one consolidated
open record hearing and one closed record appeal/hearing. If an open record predecision
hearing is provided prior to the decision on a project permit, the process shall not allow a
subsequent open record appeal hearing.
B. The consolidated permit review may combine an open record predecision
hearing on one or more permits with an open record appeal hearing on other permits. The
project permits, if any, which are subject to a closed record appeal are determined pursuant
to Auburn City Code.
14.12.030. Public meeting.
Any public meeting or required open record hearing may be combined with any
public meeting or open record hearing that may be held on the project by another local, state,
regional, federal, or other agency in accordance with provisions of ACC 14.07 and 14.11.
14.12.040. Single report.
The city shall provide a single report stating all the decisions made as of the date of
the report on all project permits included in the consolidated permit process that do not
require an open record predecision hearing and any recommendations on project permits that
do require an open record predecision hearing. The report shall state any mitigation required
or proposed under the development regulations or the city's authority under chapter
43.21C.060 RCW. The report may be the permit. If a threshold determination other than a
Exhibit"A"Ordinance 4835
Febmary27,1996
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determination of significance has not been issued previously by the city, the report shall
include or append this determination.
Chapter 14.13
ADMINISTRATIVE APPEALS
Sections:
14.13.010
14.13.020
Administrative appeals
Threshold determination appeals
14.13.010. Administrative appeals.
Any administrative appeal of the project decision, combined with any environmental
determinations, which are provided by the city shall be filed within fourteen days after the
notice of the decision or after other notice that the decision has been made and is appealable.
The city shall extend the appeal period for an additional seven days, if state or city rules
adopted pursuant to chapter 43.21C RCW allow public comment on a determination of
nonsignificance issued as part of an appealable project permit decision.
14.13.020. Threshold determination appeals.
Except for the appeal of a determination of significance as provided in RCW
43.21C.075, the city provides for no more than one consolidated open record hearing on
such appeal. Any appeal provided after the open record hearing shall be a closed record
appeal before the city council.
Chapter 14.14
EXCLUSIONS
A. The following project permits are excluded from the provisions of the
integrated and consolidated permit process, any time periods in development regulations and
ACC 14.06, 14.07, 14.11 and 14.12:
1. Landmark designations;
2. Street vacations; or
3. Other approvals relating to use of public areas or facilities, including
but not limited to utility permit applications for water service, fire hydrant, fire
hydrant use, sanitary sewer connections, storm drainage systems, right-of-way use
permits and public facility extension agreements if categorically exempt under
chapter 43.21C RCW; or
Exhibit "A" Ordinance 4835
February 27, 1996
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4. Other project permits which the city determines present special
circumstances that warrant a review process different from that provided in ACC
14.14(A) above, including but not limited to special permit applications for sidewalk,
driveway, curb and gutter, excavation and flood control zone permits not subject to
SEPA.
B. The following project permits are excluded from the provisions of the
integrated and consolidated permit process and the requirements of ACC 14.07, 14.11 (D)
and 14.12:
1. Lot line adjustments;
2. Building and other construction permits or similar administrative
approvals, including but not limited to, building, grading, land clearing pcrmits and
administrative temporary use permits, which are categorically exempt from
environmental review under chapter 43.21C RCW, or for which environmental
review has been completed in connection with other project permits.
Chapter 14.15
PROJECT REVIEW TIME PERIODS
Regardless of whether any period is minimum or maximum, when any permit
review, notice or decision time limit of this Title terminates upon a weekend or city holiday,
such time limit shall automatically be extended to the first weekday following the weekend
or city holiday.
Chapter 14.16
IMMUNITY FROM DAMAGE CLAIMS
Pursuant to the Regulatory Reform Act, Chapter 403, Section 421 of the Laws of the
State of Washington 1995, the city is not liable for damages due to the city's failure to make
a final decision within the time limits established in ACC 14.11.
Exhibit "A" Ordinance 4835
February 27, 1996
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Chapter 14.17
JUDICIAL REVIEW OF LAND USE DECISIONS MADE BY LOCAL
JURISDICTIONS
Judicial review of land use decisions shall be brought pursuant to the requirements
contained in chapter 36.70C RCW except for the following:
A. Judicial review of:
1. Land use decisions made by bodies that are not part of a local
jurisdiction;
2. Land use decisions of a local jurisdiction that are subject to review by
a quasi-judicial body created by state law, such as the shorelines hearings
board or the growth management hearings board; and
B. Judicial review of applications for a writ of mandamus or prohibition; or
C. Claims provided by any law for monetary damages or compensation. If one
or more claims for damages or compensation are set forth in the same complaint with a land
use petition brought under chapter 36.70C RCW, the claims are not subject to the procedures
and standards, including deadlines, provided in chapter 36.70C RCW for review of the
petition. The judge who hears the land use petition may, if appropriate, preside at a trial for
damages or compensation.
Exhibit "A" Ordinance 4835
February 27, 1996
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