HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/26/2012 (5) ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
NT�
Phone: 253-856-5454 KE
WASHINGTON Fax: 253-856-6454
220 Fourth Avenue S, Kent, WA
98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
MARCH 26, 2012
7:00 P.M.
LUPB MEMBERS: Alan Gray, Chair; Barbara Phillips, Vice Chair; Steve Dowell,
Navdeep Gill, Jack Ottini, Randall Smith and Jim Sturgul
CITY STAFF: Katie Graves, Planner; Assistant City Attorney David Galazin
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
on MONDAY, MARCH 26, 2012 in Kent City Hall, City Council Chambers East and
West, 220 4`hAvenue South, Kent, WA at 7:00 P.M. The public is invited to attend
and all interested persons will have an opportunity to speak. Any person wishing to
submit oral or written comments on the proposed amendment may do so prior to or
at the meeting.
The agenda will include the following item(s):
1 Call to order
2 Roll call
3 Approval of the January 23, 2012 Minutes
4 Added Items to Agenda
5 Communications
6 Notice of Upcoming Meetings
7 PUBLIC HEARING:
1. rZCA-2011-1 (B)1 Kent City Code Chapter 12.01 (Katie Graves)
Consideration of proposed amendments to Chapter 12.01 of Kent City Code
that regulates administration of Development Regulations.
For further information or to obtain copies of the staff report or Agenda for the
proposed amendment contact the Planning Division office at (253) 856-5454. You may
submit comments by emailing Planner Katie Graves at: kgravesOci.kent.wa.us. and you
may access the City's website for documents pertaining to the Land Use and Planning
Board at: http://kentwa.igm2.com/citltens/Defau/t.aspx?DepartmentID=1004.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service call 1-800-833-6388 or call
the City of Kent Planning Services directly at (253) 856-5499 (TDD).
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KENT
LAND USE & PLANNING BOARD
MINUTES
JANUARY 23, 2012
Land Use & Planning Board Members Vice Chair Jack Ottini, Steve Dowell,
Navdeep Gill, Alan Gray, Jack Ottini, Barbara Phillips, Randall Smith, and Jim
Sturgul.
Vice Chair Ottini called the special meeting to order at 6:30 p.m.
City Staff Fred Satterstrom, Charlene Anderson, David Galazin
3. Approval of Minutes
Board member Dowell Moved and Board member Phillips Seconded a
Motion to approve the November 28, 2011 Minutes. Motion PASSED 7-0.
4. Added Items-- None
S. Communications - None
6. Notice of Upcoming Meetings
Planning Manager Charlene Anderson encouraged the Board members to register to
attend a workshop on planning and building transit-oriented communities
sponsored by Futurewise and GGLO (a Pacific Northwest architecture/design firm).
The workshop will be held on February 2, 2012 at the University of Washington
Tacoma.
7. Nomination and Election of Officers
Vice Chair Ottini opened the floor for nomination and election of officers.
Member Dowell moved and Member Smith seconded a Motion to nominate Alan
Gray as Chair. Motion passed 7-0 with Member Ottini declaring Alan Gray as the
newly elected Chair of the Land Use and Planning Board.
Member Dowell moved and Member Smith seconded a Motion to nominate Barbara
Phillips as Vice Chair. Motion passed 7-0 with Member Ottini declaring Barbara
Phillips as the newly elected Vice Chair of the Land Use and Planning Board.
Adiournment
Seeing no further business to come before the Board newly elected Chair Alan Gray
adjourned the special meeting at 7:25 pm.
Charlene Anderson, AICP, Planning Manager
Board Secretary
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K E N T
was n Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
March 19, 2012
TO: Chair Alan Gray and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: 12.01 Code Amendments [ZCA-2011-1(B)]
Staff Report for the March 26, 2012 LUPB Hearing
MOTION: Recommend to the City Council approval of amendments to
Kent City Code as recommended by staff/as modified.
SUMMARY: Planning Services is submitting for Board consideration the third group
of draft amendments, in this case those related to the administration of
Development Regulations (Kent City Code 12.01), and a related amendment to
12.04.193. These amendments eliminate barriers to the permit process, clarify
code, and facilitate timely and efficient processing of applications, issuance of
permits, and expiration timelines. Furthermore, the amendments eliminate local
appeal of the Hearing Examiner's decision on preliminary plats. Staff presented the
items to the Board at a workshop on February 27, 2012.
BACKGROUND: The full list of potential code amendments presented to the Board
on July 11, 2011 contained items from Chapter 12.01 of Kent City Code that
regulates the administration of Development Regulations. On August 8, 2011,
proposed changes to 12.01 were presented to the Land Use and Planning Board.
Staff further revised the amendments and presented those revisions at the
February 271h workshop. In addition, it was noted that the proposed amendment to
12.01.040 relating to appeals of preliminary plat decisions would also require a
change to 12.04.193. These items were discussed in depth and, in addition, further
questions raised regarding the permit process. Those questions and corresponding
answers were presented to the Board on March 12, 2012.
Attached are the amendments to Chapter 12.01 and 12.04.193. Staff will be
available at the public hearing to answer questions.
The SEPA Responsible Official has determined that the proposed amendments are
procedural in nature and thus categorically exempt from further SEPA review under
WAC 197-11-800(19) and 11.03.200 Kent City Code.
RECOMMENDATION: Staff recommends approval of the proposed amendments to
Chapters 12.01 and 12.04.193.
KG/pm S'.APermltAPlanAZONING_CODE_PMEN DMENTS\2011\ZC9-2011-1 Code Pmendmen6\W PBA03-26-12 Public HearingASMff Report doe
ALF 12.01 and 12.04.193 Amendments
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project File
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Chapter12.01
ADMINISTRATION OF DEVELOPMENT REGULATIONS*
Sections:
12.01.010 Purpose and applicability.
12.01.020 Definitions.
12.01.030 Application processes and classification.
12.01.040 Project permit application framework.
12.01.050 Exemptions from project permit application processing.
12.01.060 Joint public hearings.
12.01.070 Process VI legislative actions.
12.01.080 Pre-application conference.
12.01.090 Project permit applications.
12.01.100 Submission and acceptance of application.
12.01.105 Application vesting.
12.01.110 Procedure for complete, but "incorrect applications."
12.01.120 Referral and review of project permit applications.
12.01.125 Notification of proximity to agricultural resource lands.
12.01.130 Public notice - Generally.
12.01.140 Notice of application.
12.01.145 Notice of open record hearing.
12.01.147 Notice of city council meetings on project permit applications.
12.01.150 Consistency with development regulations and SEPA.
12.01.155 Code of conduct.
12.01.160 Open record hearings.
12.01.170 Notice of decision.
12.01.180 Time limitations.
12.01.185 Expiration of permits.
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12.01.190 Open record appeal.
12.01.195 Closed record appeal.
12.01.200 Judicial appeals.
*Editor's note - Ord. No. 3169, § 3, adopted May 16, 1994, repealed former ch. 12.01,
§§ 12.01.010 - 12.01.080, which pertained to the board of adjustment.
12.01.010 Purpose and applicability.
The purpose of this chapter is to establish a set of processes to be used for land use and
development proposals subject to review under the following portions of the Kent City Code:
A. Ch. 2.32 KCC, Office of Hearing Examiner;
B. Ch. 11.03 KCC, Environmental Policy;
C. Ch. 12.04 KCC, Subdivisions;
D. Ch. 14.01 KCC, Building Codes; and
E. KCC Title 15, Zoning.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
A. Closed record appeals are administrative appeals under Chapter 36.70B RCW which are
heard by the city council or hearing examiner, following an open record hearing on a project
permit application when the appeal is on the record with no or limited new evidence or
information allowed to be submitted and only appeal arguments allowed.
B. Judicial appeals are appeals filed by a party of record in King County superior court.
C. Open record hearing means a hearing held under Chapter 36.70B RCW and conducted by
the Kent hearing examiner who is 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 the city's decision on a project permit to be known as an "open record
predecision hearing."An open record hearing may be held on an appeal, to be known as an
"open record appeal hearing," if no open record predecision hearing has been held on the
project permit.
D. Parties of record means:
1. The applicant;
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2. The property tax payer as identified by the records available from the King County
assessor's office;
3. Any person who testified at the open record public hearing on the application; and/or
4. Any person who submitted written comments during administrative review or has
submitted written comments concerning the application at the open record public hearing
(excluding persons who have only signed petitions or form letters).
E. Project permit means any land use or environmental permit or license required from the
city of Kent for a project action, including but not limited to building permits, site
development permits, site plan review, land use preparation permits, subdivisions,
binding site plans, planned unit developments, conditional uses, shoreline substantial
development permits, development plan review, site-specific rezones authorized by the
comprehensive plan; but excluding adoption or amendment of the comprehensive plan and
development regulations, zoning of newly annexed land, area-wide rezones, and zoning
map amendments except as otherwise specifically included in this subsection.
F. Planning director means the director of the planning department of the city of Kent or
his/her designee.
G. Public meeting means an informal meeting, hearing, workshop, or other public gathering
of persons 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
design review meeting, a special committee meeting, such as the short subdivision
committee, or a scoping meeting on a draft environmental impact statement. A public
meeting does not include an open record hearing. The proceedings at a public meeting may
be recorded and a report or recommendation may be included in the city's project permit
application file.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3801, § 1, 6-6-06)
12.01.030 Application processes and classification.
A. Application processes. Project permit applications for review pursuant to this chapter
shall be classified as a Process I, Process II, Process III, Process IV, or Process V action.
Process VI actions are legislative. Project permit applications and decisions are categorized
by type as set forth in KCC 12.01.040.
B. Determination of proper process type. The planning director shall determine the
proper process types for all applications. If there is a question as to the appropriate process
type, the planning n4afegerdirector shall resolve it in favor of the higher process type
number. Process I is the lowest and Process VI is the highest.
C. Optional consolidated permit processing. An application that involves two (2) or more
process types may be treated collectively under the highest numbered process type
required for any part of the application or treated individually under each process type
identified by the chapter. An applicant may ask that his or her application be treated
collectively or individually. If the application is administered under the individual process
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option, the highest numbered process procedure must be finalized prior to the subsequent
lower numbered process being finalized. If the application is processed under the individual
procedure option, there shall be no more than one (1) open record hearing and no more
than one (1) closed record appeal for all application processes. Open record hearings and
closed record appeals must be consolidated under the higher process type number. An
application for rezone may be processed separately from an application for another project
permit.
D. Decision maker(s). Applications processed in accordance with subsection (C) of this
section which have the same highest numbered process type but are assigned different
hearing bodies shall be heard collectively by the highest decision maker(s). The city council
is the highest, followed by the hearing examiner, and then the short subdivision committee
and the downtown design review committee. Joint public hearings with other agencies shall
be processed according to KCC 12.01.060, Joint public hearings.
E. Environmental review. Process I, II, III, IV, and V permits which are subject to
environmental review under SEPA (Chapter 43.21C RCW) are subject to the provisions of
this chapter. An environmental checklist shall be submitted in conjunction with the submittal
of a project permit application. One (1) environmental threshold determination shall be
made for all related project permit applications. The city will not issue a threshold
determination, other than a DS, prior to the submittal of a complete project permit
application and the expiration of the public comment period for the notice of application
pursuant to KCC 12.01.140, but may utilize the public notice procedures as outlined in KCC
11.03.410(A)(1) to consolidate public notice.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3760, § 1, 9-6-05)
12.01.040 Project permit application framework.
A. Process types. The following table lists the process types, the corresponding applications,
and parenthetically, the corresponding final decision maker and appellate body.
Process I Process II Process III Process IV Proces Process VI
sV
Applications Zoning permit Administrativ Conditional Planned unit Final Zoning of
review (1) (7) a design use permit developmen plat newly
review (1) (5) (10) t (6) (10) (6) annexed lands
(7) with change (10) (6) (10)
of use
Performance Shoreline Sign Special use Area-wide
standards substantial variance (5) combining rezones to
procedures (1) development (10) district (6) implement
(7) permit (1) (10) new city
(9) policies (6)
(10)
9
Sign permit (1) Accessory Special Rezone (6) Comprehensiv
(7) dwelling unit home (10) a plan
permit (1) occupation amendments
(7) permit (5) (6) (10)
(10)
Lot line Administrativ Variance (5) Development
adjustment (1) a variance (10) regulations (6)
(7) (1) (7) (10)
Administrative Downtown Shoreline Zoning map
interpretation design conditional amendments
(1) (7) review, all use permit (6) (10)
except for (5) (9)
minor
remodels (3)
(7)
Application Downtown Shoreline Zoning text
conditional design variance (5) amendments
certification review, only (9) (6) (10)
multifamily tax minor
exemption (12) remodels (1)
(8), all other (7)
multifamily tax
exemption (12)
(7)
Development Multifamily Preliminary
plan review design review plat (5)
(planning (1) (7) (S10)
raanagerdirector
, building
official, or public
works director)
(7)
Site plan review Midway
(planning design
director, review (1)
building official, (7)
or public works
director) (7)
Administrative Binding site
approval/WTF plan (2) (7)
10
(1) (7)
Mobile home Short Planned unit
park closure subdivision developmen
(11) (7) (4) (7) t (5) (10)
without a
change of
use
(1) Final decision made by planning aaanagerdirector. (7) Appeal to hearing examiner.
(2) Final decision by binding site plan committee. (8) Appeal to city council.
(3) Final decision made by downtown design review (9) Appeal to shoreline hearings
committee. board.
(4) Final decision made by short subdivision committee. (10) No administrative appeals.
(5) Final decision made by hearing examiner. (11) Final decision made by
manager of housing and human
(6) Final decision made by city council. services.
(12) Final decision made by
economic & community
development director.
B. Process procedures. The following table lists the process types and the corresponding
procedures.
Project Permit Applications (Processes I - V) Legislative
Process I Process II Process Process IV Proces Process VI
III s V
Requires PFe Yes, fe Yes, fe Yes, feF Yes {Ve {Ve
applicatien ice$ ice$ ice$
SEP
Fewew
Notice of Yes, for Yes, for Yes Yes No No
application: projects projects
requiring SEPA requiring SEPA
review review, short
plats, and
shoreline
substantial
development
11
permits
Recommendati N/A N/A N/A Hearing N/A Land use and
on made by: examiner planning
board
Final decision Planning Planning Hearing City council, City City council
made by: raanagerdirect raanagerdirect examiner based upon counci
or, building or, downtown record made I
official, public design review before hearing
works director, committee, examiner
economic & binding site
community plan
development committee, or
director or short
manager of subdivision
housing and committee, as
human noted in KCC
services as 12.01.140
applicable
Open record Yes, if Yes, if No No No No
appeal: appealed, then appealed, then
before hearing before hearing
examiner examiner
Open record No No Yes, Yes, before No Yes, before
hearing: before hearing land use and
hearing examiner to planning
examiner make board to make
to make recommendati recommendati
final on to council on to city
decision council,
and/or before
city council
Reconsideratio No No Yes, of Yes, of No No
n: hearing hearing
examiner examiner's
's recommendati
decision on
Closed record Only if appeal Only if Only if No No No
appeal: of denial of appealed, then appealed
multifamily before the , then
conditional shoreline before
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certificate, hearings board the
then before if applicable shoreline
the city hearings
council board if
applicabl
e
Judicial Yes Yes Yes Yes Yes Yes
appeal:
(Ord. No. 3424, § 19, 11-17-98, Ord. No. 3574, § 3, 9-18-01; Ord. No. 3614, § 1, 9-17-02; Ord.
No. 3801, § 2, 6-6-06)
12.01.050 Exemptions from project permit application processing.
A. General exemptions. The following permits or approvals are specifically excluded from
the notification and proceduresal requirements set forth in this chapter:
1. Landmark designations;
2. Street vacations; and
3. Street use permits.
4. Pursuant to RCW 36.70B.140(2), boundary line adjustments, building permits, and other
construction permits, which are categorically exempt from environmental review under
SEPA or that do not require street improvements or for which environmental review under
SEPA has been completed in connection with other project permits. For example, if public
notice and environmental review for a proiect was completed with an initial
application for a proiect permit, a subsequent application for a different permit for
the same proiect is specifically excluded from the public notification and
procedures set forth in this chapter and would be subiect to the procedures and
regulations related specifically to that subsequent permit, for example Ch. 14.01
KCC for an application for building permit.
5. Administrative approvals which are categorically exempt from environmental review
under SEPA (Chapter 43.21C RCW) and the city's SEPA/environmental policy ordinance, Ch.
11.03 KCC, or for which environmental review has been completed in connection with other
project permits.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.060 Joint public hearings.
A. Planning n9aflagefsdirector's decision to hold joint hearing. The planning n4afegerd4rector
may combine any public hearing on a project permit application with any hearing that may
be held by another local, state, regional, federal, or other agency, on the proposed action,
as long as:
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1. The other agency consents to the joint hearing;
2. The other agency is not expressly prohibited by statute from doing so;
3. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements as set forth in statute, ordinance, or rule;
4. The agency has received the necessary information about the proposed project from the
applicant in enough time to hold its hearing at the same time as the local government
hearing; and
5. The hearing is held within the Kent city limits.
B. Applicant's request for a joint hearing. The applicant may request that the public hearing
on a permit application be combined as long as the joint hearing can be held within the time
periods set forth in this chapter. In the alternative, the applicant may agree to a particular
schedule if additional time is needed in order to complete the hearings.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.070 Process VI legislative actions.
A. Legislative actions. The following process VI actions are legislative, and are not subject to
the notification and proceduresal requirements in this chapter, unless otherwise
specified:
1. Zoning newly annexed lands;
2. Area-wide rezones and zoning map amendments to implement city policies;
3. Comprehensive plan text amendments;
4. Comprehensive plan map amendments;
45. Development regulations and zoning text amendments; and
63. Other similar actions that are non-project related.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.080 Pre-application conference.
A. Applicability. The purpose of a pre-application conference is to provide city staff with a
sufficient level of detail about a proposal prior to submittal of a project permit application so
that the city staff can acquaint the applicant with the requirements of the Kent City Code.
Pre-application conferences are regHiredencouraoed for Process I, II, III, and IV permits
which require environmental review and for Projects that are complex or where
applicants are unfamiliar with city codes, ordinances and procedures. 9RlY epe (1)
14
of to be of asize and a ple).mty W . e the detailed analysis of a pFe plieation
e
B. Pre-application conference initiation. To initiate a pre-application conference, an applicant
shall submit a completed form provided by the city and all information pertaining to the
proposal as prescribed by administrative procedures of the planning services
officedepartmerft. Failure to provide all pertinent information may prevent the city from
identifying all applicable issues or providing the most effective pre-application conference.
C. Scheduling. A pre-application conference may be conducted at any point prior to
application for a project permit. A pre-application conference shall be scheduled by the city
at the time of submittal of a completed pre-application
conference request. The pre-application conference shall be held within thirty (30) calendar
days of the receipt of a completed request, unless the applicant agrees to an extension of
this time period in writing.
D. At the conference the applicant may request the following information be provided:
1. A form which lists the requirements of a complete project permit application;
2. A general summary of the procedures to be used to process the application;
3. The references to the relevant code provisions on development; and
4. The city's design guidelines.
E. It is impossible for the conference to be an exhaustive review of all potential issues. The
discussion at the conference or the form sent to the applicant under subsection (D)(1) of
this section shall not bind or prohibit the city's future application or enforcement of the
applicable law.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.090 Project permit applications.
A. Required materials. Applications for all project permits shall be submitted upon forms
provided by the city.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.100 Submission and acceptance of application.
A. Determination of completeness. A+3 Project permit application consistent with
instructions for a complete application is deemed complete upon acceptance by the
permit _ermmt tershniem__ ....:stem with mnstrurstmens fee _ .emiglet..
gPP�2R.Within twenty eight (28) .,.-,I... dad days afteF FeeeiVing a PFBjeet P Mit
15
,
eitheR
eamplete.
0 neemplete, the applieation shall be deemed eamplete. The tome PeFied guidelines f8F Feview
rsemp'etefkessAcceptance of a oroiect permit application sha" be Fnade whenmeans
that aathe application is sufficient for continued processing even though additional
information may be required or project modifications may be undertaken subsequently. The
Acceptance of a project permit application
shall not preclude the city from requesting additional information or studies eitheF at the
if new information is required or
where there are substantial changes in the proposal.
•
be eamplete, the planning manageF shall aeeept it and note the date of
•
€B. Project review. Following a determination that an application is complete, the city shall
begin project review.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.105 Application vesting.
A project permit application shall vest upon
acceptance of a complete project permit application, as defined in KCC
12.01.100,provided that the applicant also includes a concurrent submittal of a
fully completed application for any known code deviations or variances required
16
for the proposed proiect. A proiect permit application that contains a knowing
misrepresentation or an omission of material fact shall not vest any development
rights. Vesting shall apply to land use regulations in effect on the land at the time a fully
completed project permit application has been accepted as complete pursuant to KCC
12.01.100(D).
(Ord. No. 3574, § 3, 9-18-01)
12.01.110 Procedure for complete, but "incorrect applications."
A. Following submittal a deteFMinatien of a complete application and the commencement of
project review, the city may make a determination in writing that some information is
incorrect, and that corrected information be submitted. The applicant shall have up to
ninety (90) calendar days to submit corrected information (deemed the "resubmittal
period"). The applicant shall submit concurrently all of the corrected information
that was requested. This _....ubmmtta' _erred may b.. ..__tended if ._....._��.,
-n by the app"east and the 64VL. The planning director may, in writing, extend
the resubmittal period for up to an additional ninety (90) days if the applicant can
demonstrate a good faith effort to comply with the resubmittal request. Evidence
of an applicant's good faith efforts shall include the following:
a. Length of time since the initial permit application;
b. Time period the applicant had to submit corrected information;
c. Availability of necessary information;
d. Potential to provide necessary information within the extended
resubmittal period;
e. Reason for the applicant's delay; and
f. Applicant's reasonable reliance on an expectation that the application
would not expire.
The Economic &Community Development Director may authorize additional time
extensions of the resubmittal period in rare or unique circumstances when the
inability of the applicant to comply within the resubmittal period is due solely to
factors outside of the applicant's control, including but not limited to unusual
delay in obtaining permits or approvals from other agencies or jurisdictions.
B. The city shall have fourteen (14) calendar days to review the submittal of corrected
information. If the corrected information is still not sufficient, the city shall notify the
applicant in writing that the submitted information is incorrect, and the resubmittal period
set forth in subsection (A) of this section shall be repeated. This process may continue until
complete or corrected information is obtained.
C. If the applicant within the resubmittal period either refuses in writing to submit
corrected information,er--does not submit the corrected information within the resubmittal
17
period or submits only a portion of the corrected information that was requested,
the application shall lapse. This does not preclude the applicant from working with
individual divisions of the city for informal review of a portion of the requested
corrected information within the resubmittal period.
2009 .,hieh N,.,.,... e s ubjeet to the . ubmitt-.I ,. ,.a -.FteF May 21, 2009 and befe Fe
rl...,..,..beF 31, 7009 sh-.II have unto! n...,..,..beF 31, 2009 . the end of the UI Fnitt-.I
PeFi..d .,L.i.,L..VeF is I-.teF W submit the Fed �,.F......-.t�..,.
€D. If the requested corrected information is sufficient, the city shall continue with project
review, in accordance with the time calculation exclusions set forth in KCC 12.01.180.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3914, § 1, 4-21-09)
12.01.115 Procedure for ready to issue permits.
A. Following the end of project review, the city will notify the applicant that the
permit is ready to issue. The applicant shall have up to ninety (90) calendar days
to obtain the permit after notification that it is ready to issue (deemed the "period
for permit pick-up"). The planning director may, in writing, extend the period for
permit pick-up for up to an additional ninety (90) days if the applicant can
demonstrate a good faith effort to pick up the permit. Evidence of an applicant's
good faith efforts shall include the following:
a. Length of time since the initial permit application;
b. Reason for the applicant's delay; and
c. Applicant's reasonable reliance on an expectation that the application
would not expire.
The Economic & Community Development Director may authorize additional time
extensions of the period for permit pick-up in rare or unique circumstances when
the inability of the applicant to comply within the period for permit pick-up is due
solely to factors outside of the applicant's control, including but not limited to
unusual delay in obtaining permits or approvals from other agencies or
iurisdictions.
B. If the applicant within the period for permit pick-up either refuses in writing to
pick up the permit or does not pick up the permit after notification by the city that
the permit was ready to issue, the application shall lapse.
12.01.120 Referral and review of project permit applications.
Within ten (10) calendar days of accepting a complete application, the planning
fi afegerdirector shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to each
affected agency and city department for review and comment, including those responsible
18
for determining compliance with state, federal, and county requirements. The affected
agencies and city departments shall have fifteen (15) calendar days to comment. The
referral agency or city department is presumed to have no comments if comments are not
received within the specified time period. The planning taa+iagerdirector shall grant an
extension of time only if the application involves unusual circumstances. Any extension shall
only be for a maximum of three (3) additional calendar days.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.125 Notification of proximity to agricultural resource lands.
o.,.;,.et PeFMit -,ppli,.- nts or all plats, short plats, development permits, and substantial
building permits for residential development activities on or within five hundred (500)
hundred feet of land designated as agricultural resource lands within the city of Kent, or the
comparable land use designation within unincorporated King County, the city shall be
inform the proiect permit applicant of the proximity to agricultural resource
lands on which commercial agricultural activities may occur that are not compatible with
residential development for certain periods of limited duration.
(Ord. No. 3720, § 1, 11-2-04)
12.01.130 Public notice - Generally.
The available records of the King County assessor's office shall be used for determining the
property taxpayer of record. Addresses for mailed notice shall be obtained from the county's
real property tax records. All public notices shall be deemed to have been provided or
received on the date the notice is deposited in the mail or personally delivered, whichever
occurs first. Failure to provide the public notice as described in this chapter shall not be
grounds for invalidation of any permit decision.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.140 Notice of application.
A. Notice of application. A notice of application shall be issued for Process I and Process II
permits requiring SEPA review, short plats, shoreline substantial development permits, and
all Process III and Process IV applications within fourteen (14) calendar days following
submittal of a complete applicationafteF the eity has Fnade a dote m'n,"on Of plet,...eSS
provided, that if any open record hearing is required for the
requested project permit(s), the notice of application shall be provided at least fifteen (15)
calendar days prior to the open record hearing. One (1) notice of application will be done for
all permit applications related to the same project at the time of the earliest complete
permit application.
B. SEPA exempt projects. A notice of application shall not be required for project permits
that are categorically exempt under SEPA, unless a public comment period or an open
record pre-decision hearing is required.
C. Contents. The notice of application shall include:
19
1. The case file number(s), the date of application, the date of the det. ff fliRatieR e
eOMPleteReSS fOF the applieation, and the date of the 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 by the review authority
pursuant to RCW 36.7013.070 and WAC 173-27-180;
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, if not otherwise stated on the document providing notice of application, 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) calendar 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 tentative date, time, place, and type of hearing. The tentative hearing date is to be
set at the time of the date of notice of the application;
7. A statement of the preliminary determination of consistency, if one has been made at the
time of notice, and of those development regulations that will be used for project mitigation
and of consistency as provided in KCC 12.01.150;
8. The name of the applicant or applicant's representative and the name, address, and
telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road intersections,
reasonably sufficient to inform the reader of its location; and
10. Any other information determined appropriate by the city, such as a IDS, if complete at
the time of issuance of the notice of application or the city's statement of intent to issue a
DNS pursuant to the optional DNS process set forth in WAC 197-11-355.
D. Mailing of notice of application. The city shall mail by hard copy or e-mail a copy of the
notice of application to the following:
1. Agencies with jurisdiction; and
2. Any person who requests such notice in writing delivered to the planning services office;
and
3. Applicant.
E. Public comment on the notice of application. All public comments received on the notice
of application must be received by the planning services offices by 4:30 p.m. on
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the last day of the comment period. Comments may be mailed, personally delivered, or sent
"y faesi T�Heelectronically. Comments should be as specific as possible.
F. Posted notice of application. In addition to the mailed notice of application, the city will
post notice of application at Kent City Hall, and in the register for public review at the
planning services office. The applicant shall be responsible for posting the property for site-
specific proposals with notice boards provided by the city. Public notice shall be
accomplished through the use of a four (4) by four (4) foot plywood face generic notice
board to be issued by Public Works Operations following payment of the public notice board
fee at the time of application submittal
shall apply te the eity feF issHaRee ef the Retiee beard, and shall pay te the plaRRORg
1. Posting. Posting of the property for site-specific proposals shall consist of one (1) or more
notice boards as follows:
a. A single notice board shall be placed by the applicant in a conspicuous location on a
street frontage bordering the subject property.
b. Each notice board shall be visible and accessible for inspection by members of the public.
c. Additional notice boards may be required when:
(1) The site does not abut a public road; or
(2) Additional public notice boards are required under other provisions of the Kent City
Code; or
(3) The planning fl afegerdirector determines that additional notice boards are necessary to
provide adequate public notice.
d. Notice boards shn'd shall be:
(1) Maintained in good condition by the applicant during the notice period;
(2) In place prior to the start of the public comment period,' least fifteen (15) .,-.1....da
days PFOOF tO the end of aRY FeqUiFed RtPeFied; and
(3) Removed by the applicant after expiration of the applicable notice period or the last
public meeting or last public hearing on the application, whichever is later.
e. Notice boards that are removed, stolen, or destroyed prior to the end of the notice period
may be cause for discontinuance of the departmental review until the notice board is
replaced and remains in place for the specified time period. The city shall notify the
applicant when it comes to their attention that notice boards have been removed
prematurely, stolen, or destroyed.
21
f. An affidavit of posting shall be submitted by the planning fi afegerdirector at least seven
(7) calendar days prior to the hearing. If the affidavits are not filed as required, any
scheduled hearing or date by which the public may comment on the application may be
postponed in order to allow compliance with this notice requirement.
g. Notice boards shall be constructed and installed in accordance with specifications
determined by the planning director.
h. SEPA information shall be added by the city to the posted sign within applicable
deadlines. An affidavit of posting shall be submitted by the planning taa+iagerdirector.
G. Published notice of application. Published notice of application in an city's official
newspaper or appropriate substitute as provided for in Resolution No. 1747 or as
subsequently amendedef geReFal eiFeHlatieR OR the aFea wheFe the PFepesal leeated is
required for Process I and II permits requiring SEPA review, short plats and Process III, IV,
and V permits, except subdivision final plat applications. Published notice shall include at
least the following information:
1. Project location;
2. Project description;
3. Type of permit(s) required;
4. Comment period dates; and
5. Location where the complete application and notice of the application may be reviewed.
H. Shoreline master program permits.
1. Notice of the application effor a permit under the purview of the city's shoreline master
program shall be given in accordance with the requirements of Ch. 11.04 KCC, the Kent
shoreline management master program.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3511, § 2, 5-16-00; Ord. No. 3574, § 3, 9-18-01)
12.01.145 Notice of open record hearing.
A. Notice of open record hearing for all types of applications. The notice given of an open
record hearing required in this chapter shall contain:
1. The name of the applicant or the applicant's representative;
2. Description of the affected property, which may be in the form of either a vicinity location
sketch or written description, other than a legal description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and provide testimony;
22
6. When and where information may be examined, and when and how written comments
addressing findings required for a decision by the hearing body may be submitted;
7. The name of a city representative to contact and the telephone number where additional
information may be obtained;
8. That a copy of the application, all documents and evidence relied upon by the applicant
and applicable criteria are available for inspection at no cost and will be provided at the cost
of reproduction; and
9. That a copy of the staff report will be available for inspection at no cost at least five (5)
calendar days prior to the hearing and copies will be provided at the cost provided for in the
city's public record disclosure policy.
B. Mailed notice of open record hearing. Mailed notice of the open record hearing shall be
provided by the city in hard copy or e-mail as follows:
1. Process I, 77 and V actions. No public notice is required because an open record hearing is
not held. Notice for short plat meetings is mailed to property owners within two hundred
(200) feet. Shoreline permit notices shall be in accordance with the requirements of WAC
173-27-110.
2. Process III and IV actions. The notice of open record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of the county assessor's office within
three hundred (300) feet of the subject property; and
c. Any person who submits written comments, delivered to the planning services offices,
regarding the project permit.
3. Process IV preliminary plat actions. In addition to the general notice of open record
hearing requirements for Process IV actions above, additional notice shall be provided as
follows:
a. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the
right-of-way of a state highway or within two (2) miles of the boundary of a state or
municipal airport shall be given to the Secretary of Transportation, who must respond within
fifteen (15) calendar days of such notice.
b. Special notice of the hearing shall be given to adjacent land owners by any other
reasonable method the city deems necessary. Adjacent land owners are the owners of real
property, as shown by the records of the King County assessor, located within three
hundred (300) feet of any portion of the boundary of the proposed subdivision. If the owner
of the real property which is proposed to be subdivided owns another parcel or parcels of
real property which lie adjacent to the real property proposed to be subdivided, notice under
RCW 58.17.090(1)(b) shall be given to owners of real property located within three hundred
(300) feet of such adjacently owned parcels.
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4. Process VI actions. For Process VI legislative actions, the city shall publish notice as
described in subsections (C) and (D) of this section, and use all other methods of notice as
required by RCW 35A.12.160. For privately proposed amendments to the comprehensive
plan land use map, notice of the open record hearing shall be mailed to:
a. The applicant;
b. All owners of real property as shown by the records of the county assessor's office within
three hundred (300) feet of the affected property; and
c. Any person who has requested notice.
For revised geographic scope of the privately proposed land use plan map amendments,
notice of the open record hearing shall be given by notification of all property owners within
the revised land use plan map amendment area.
C. Procedure for posted or published notice of open record hearing.
1. Posted notice of the open record hearing is required for all Process III and IV actions. The
posted notice of hearing shall be added to the sign already posted on the property pursuant
to KCC 12.01.140(F).
2. Published notice of the open record hearing is required for all Process III and IV
procedures. The published notice shall be published in
within rythe city's official newspaper or appropriate substitute as provided for in
Resolution No. 1747 or as subsequently amended and contain the following information:
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. GeRgRgeRt peFiedDate, time and location of the hearing; and
e. Location where the complete application may be reviewed.
3. Published notice of the open record hearing is required for all Process VI procedures. The
notice shall be published in a newspapeF of general eiFeUlatien within the ^" •the city's
official newspaper or appropriate substitute as provided for in Resolution No. 1747 or as
subsequently amended and in addition to the information required in C.2 of this section
shall contain the project description and the location where the complete file may be
reviewed.
D. Time and eestof notice of open record hearing.
1. Notice shall be mailed, posted and first published not less than ten (10) calendar days
prior to the hearing date. Any posted notice and notice boards shall be removed by the
applicant within seven (7) calendar days following the conclusion of the open record
hearing(s).
24
(Ord. No. 3574, § 3, 9-18-01; Ord. No. 3801, § 3, 6-6-06)
12.01.147 Notice of city council meetings on project permit applications.
The city shall N}maile4 notice by hard copy or e-mail of city council meetings on Process IV
and VI project permit applications shall be pFeVided by the eity to parties of record.
(Ord. No. 3801, § 4, 6-6-06)
12.01.150 Consistency with development regulations and SEPA.
A. Purpose. When the city receives a project permit application, consistency between the
proposed project and the applicable regulations and comprehensive plan should be
determined through the process in this chapter and the city's adopted SEPA ordinance, Ch.
11.03 KCC.
B. Consistency. During project permit application review, the city shall determine whether
the items listed in this section are defined in the development regulations applicable to the
proposed project. In the absence of applicable development regulations, the city shall
determine whether the items listed in this section are defined in the city's adopted
comprehensive plan. This determination of consistency shall include the following:
1. The type of land use permitted at the site, including uses that may be allowed under
certain circumstances, if the criteria for their approval have been satisfied;
2. The level of development, such as units per acre, density of residential development in
urban growth areas, or other measures of density;
3. Availability and adequacy of infrastructure, including public facilities and services
identified in the comprehensive plan, if the plan or development regulations provide for
funding of these facilities as required by Chapter 36.70A RCW; and
4. Characteristics of the development, such as development standards.
5. In deciding whether a project is consistent, the determinations made pursuant to
subsection (B) of this section shall be controlling.
6. Nothing in this section limits the city from asking more specific or related questions in
subsections (13)(1) through (5) of this section.
C. Initial SEPA analysis. The city shall also review the project permit application under the
requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, the SEPA
Rules, Chapter 197-11 WAC, and Ch. 11.03 KCC.
1. This SEPA analysis shall:
a. Determine whether the applicable federal, state and local regulations require studies that
adequately analyze all of the project permit application's specific probable adverse
environmental impacts;
25
b. Determine if the applicable regulations require measures that adequately address such
environmental impacts;
c. Determine whether additional studies are required and/or whether the project permit
applica-
tion should be conditioned with additional mitigation measures; and
d. Provide prompt and coordinated review by government agencies and the public on
compliance with applicable environmental laws and plans, including mitigation for specific
project impacts that have not been considered and addressed at the plan or development
regulation level.
2. In its review of a project permit application, the city may determine that the
requirements for environmental analysis, protection and mitigation measures in the
applicable development regulations, comprehensive plan and/or in other applicable local,
state or federal laws provide adequate analysis of and mitigation for the specific adverse
environmental impacts of the application.
3. A comprehensive plan, development regulation or other applicable local, state or federal
law provides adequate analysis of and mitigation for the specific adverse environmental
impacts of an application when:
a. The impacts have been avoided or otherwise mitigated; or
b. The city has designated as acceptable certain levels of service, land use designations,
development standards or other land use planning required or allowed by Chapter 36.70A
RCW.
4. The city's determination of consistency with the items identified in subsection (B) of this
section shall not prohibit the city from denying, conditioning, or mitigating impacts due to
other aspects of the project.
5. In its decision whether a specific adverse environmental impact has been addressed by
an existing rule or law of another agency with jurisdiction with environmental expertise with
regard to a specific environmental impact, the city shall consult orally or in writing with that
agency and may expressly defer to that agency. In making this deferral, the city shall base
or condition its project approval on compliance with these other existing rules or laws.
6. Nothing in this section limits the authority of the city in its review or mitigation of a
project to adopt or otherwise rely on environmental analyses and requirements under other
laws, as provided by Chapter 43.21C RCW.
7. The city shall also review the application under Ch. 11.03 KCC, the city's environmental
policy provisions.
D. Categorically exempt actions. Actions categorically exempt under RCW 43.21C.110(1)(a)
do not require environmental review or the preparation of an environmental impact
statement. An action that is categorically exempt under the rules adopted by the
26
Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under
SEPA.
E. Planned actions. A planned action does not require a threshold determination or the
preparation of an environmental impact statement under SEPA, but is subject to
environmental review and mitigation under SEPA.
1. A "planned action" means one (1) or more types of project action that:
a. Are designated planned actions by an ordinance or resolution adopted by the city;
b. Have had the significant impacts adequately addressed in an environmental impact
statement prepared in conjunction with:
(1) A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW; or
(2) A fully contained community, a master planned resort, a master planned development
or a phased project;
c. Are subsequent or implementing projects for the proposals listed in subsection (E)(1)(b)
of this section;
d. Are located within an urban growth area, as defined in RCW 36.70A.030;
e. Are not essential public facilities, as defined in RCW 36.70A.200,
f. Are consistent with the city's comprehensive plan adopted under Chapter 36.70A RCW.
2. The city shall limit planned actions to certain types of development or to specific
geographical areas that are less extensive than the jurisdictional boundaries of the city, and
may limit a planned action to a time period identified in the environmental impact statement
or in the ordinance or resolution designating the planned action under RCW 36.70A.040.
3. During project review, the city shall not re-examine alternatives or hear appeals on the
items identified in subsection (B) of this section except for issues of code interpretation, the
process for which is outlined in KCC 15.09.060.
4. Project review shall be used to identify specific project design and conditions relating to
the character of development, such as the details of site plans, curb cuts, drainage swales,
the payment of impact fees, or other measures to mitigate a proposal's probable adverse
environmental impacts.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.155 Code of conduct.
A. General. The following shall apply to open record hearings in KCC 12.01.160, open record
appeals in KCC 12.01.190, and the closed record appeals in KCC 12.01.195.
27
B. Conflict of interest. The hearing body shall be subject to the code of ethics and
prohibitions on conflict of interest as set forth in RCW 35A.42.020 and Chapter 42.23 RCW,
as the same now exists or may hereafter be amended.
C. Ex parte communications.
1. No member of the hearing body may communicate, directly or indirectly, regarding any
issue in a proceeding before him or her, other than to participate in communications
necessary to procedural aspects of maintaining an orderly process, unless he or she
provides notice and opportunity for all parties to participate; except as provided in this
section:
a. The hearing body may receive advice from legal counsel; or
b. The hearing body may communicate with staff members (except where the proceeding
relates to a code enforcement investigation or prosecution).
2. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the
hearing body receives an ex parte communication of a type that could not properly be
received while serving, the member of the hearing body, promptly after starting to serve,
shall disclose the communication as described in KCC 12.01.160(D)(3).
3. If the hearing body receives an ex parte communication in violation of this section, he or
she shall place on the record:
a. All written communications received;
b. All written responses to the communications;
c. The substance of all oral communications received and all responses made; and
d. The identity of each person from whom the hearing body received any ex parte
communication.
The hearing body shall advise all parties that these matters have been placed on the record.
Upon request made within ten (10) calendar days after notice of the ex parte
communication, any party desiring to rebut the communication shall be allowed to place a
rebuttal statement on the record.
D. Disqualification.
1. A member of the hearing body who is disqualified may be counted for purposes of
forming a quorum. Any member who is disqualified may be counted only by making full
disclosure to the audience, abstaining from voting on the disqualification, vacating the seat
on the hearing body and physically leaving the hearing.
2. If all members of the hearing body are disqualified, all members present after stating
their reasons for disqualification shall be re-qualified and shall proceed to resolve the issues.
28
3. Except for Process VI actions, 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.
(Ord. No. 3574, § 3, 9-18-01)
12.01.160 Open record hearings.
A. General. Open record hearings shall be conducted in accordance with this section.
B. Responsibility of the planning nR-+ erdirector for hearing. The planning managerdirector
shall:
1. Schedule an application for review and public hearing;
2. Give notice (applicant responsible for some of the notice requirements);
3. Prepare the staff report on the application, which shall be a single report stating all of the
decisions made as of the date of the report, including recommendations on project permits
in the consolidated permit process that do not require an open record pre-decision hearing.
The report shall state any mitigation required or proposed under the development
regulations or the city's authority under SEPA. If the threshold determination other than a
determination of significance has not been issued previously by the city, the report shall
include or append this determination. In the case of a Process I or II project permit
application, this report may be the permit; and
4. Prepare the notice of decision, if required by the hearing body, and/or mail by hard copy
or e-mail a copy of the notice of decision to those required by this code to receive such
decision.
C. Burden and nature of proof. Except for Process VI actions, the burden of proof is on the
proponent. The project permit application must be supported by proof that it conforms to
the applicable elements of the city's development regulations, comprehensive plan and that
any significant adverse environmental impacts have been adequately addressed.
D. Order of proceedings. The order of proceedings for a hearing will depend in part on the
nature of the hearing. The following shall be supplemented by administrative procedures as
appropriate.
1. Before receiving information on the issue, the following shall be determined:
a. Any objections on jurisdictional grounds shall be noted on the record and if there is
objection, the hearing body has the discretion to proceed or terminate; and
b. Any abstentions or disqualifications shall be determined.
2. The presiding officer may take official notice of known information related to the issue,
such as:
29
a. A provision of any ordinance, resolution, rule, officially adopted development standard or
state law; and
b. Other public records and facts judicially noticeable by law.
3. Matters officially noticed need not be established by evidence and may be considered by
the hearing body in its determination. Parties requesting that a matter be officially noticed
shall do so on the record; however, the hearing body, on its own accord, may take notice of
matters listed in subsections (D)(1) and (D)(2) of this section if stated for the record. Any
matter given official notice may be rebutted.
4. The hearing body may view the area in dispute with or without notification to the parties,
but shall place the time, manner, and circumstances of such view on the record.
5. Information shall be received from the staff and from proponents and opponents. The
presiding officer may approve or deny a request from a person attending the hearing to ask
a question. Unless the presiding officer specifies otherwise, if the request to ask a question
is approved, the presiding officer will direct the question to the person submitting
testimony.
6. When the presiding officer has closed the public hearing portion of the hearing, the
hearing body shall openly discuss the issue and may further question a person submitting
information or the staff if opportunity for rebuttal is provided.
7. When the hearing body is unable to formulate a recommendation on a project permit, the
hearing body may decide to forward the project permit to the city council to render a
decision without a recommendation.
E. Recommendation/decision. The hearing body shall issue a recommendation or decision,
as applicable, within fourteen (14) calendar days of the record being closed.
F. Reconsideration by hearing examiner. Reconsideration is not authorized for Process I and
Process II applications. A party of record may ask for a reconsideration of a decision by the
hearing examiner for a Process III action or a recommendation by the hearing examiner for
a Process IV action. A reconsideration may be requested if either:
1. A specific error of fact or law can be identified; or
2. New evidence is available which was not available at the time of the hearing.
A request for reconsideration shall be filed by a party of record within five (5) working days
of the date of the initial decision/recommendation. Any reconsideration request shall cite
specific references to the findings and/or criteria contained in the ordinances governing the
type of application being reviewed.
suspends the appeal deadline. The hearing examiner shall promptly review the
reconsideration request and within five (5) working days issue a written response, either
approving or denying the request. if the rersensideratien is denied, the appeal
deadline ef the hearing eXaminer's dersisien shall rersemmenee fer the remaining
—beF of .,ay •f st f8 FeGQRSidPF;1tiQR : aeeepted, , For purposes of
30
rights to appeal pursuant to Chapter 36.70C RCW only, if a request for
reconsideration is timely filed by a party of record, the decision of the hearing
examiner is not final until after a decision on reconsideration is issued.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.170 Notice of decision.
A. Following a decision on a project permit by the applicable decision-maker, the city shall
provide a notice of decision that also includes a statement of any threshold determination
made under SEPA (Chapter 43.21C RCW) and the procedures for appeal.
B. The notice of decision shall be issued within one hundred twenty (120) calendar days, as
calculated by KCC 12.01.180, after the city notifies the applicant that the application is
complete.
C. 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 substantive
comments on the application.
D. Notice of the decision shall be provided to the public as set forth in KCC
12.01.145(B)(2)(a) and (c). Affected property owners may request a change in valuation for
property tax purposes. The city shall provide notice of the decision to the county assessor's
office in which the property is located.
E. Pursuant to RCW 36.70B.140(1), building permits, grading permits, and civil construction
permits are exempt from the requirements in subsection (C) and (D) of this section, except
for notice to the applicant.
F. If the city is unable to issue its final decision on a project permit application within the
time limits provided for in this chapter, it shall provide written notice of this fact to the
parties of record. The notice shall include a statement of reasons why the time limits have
not been met and an estimated date for issuance of the notice of decision.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
12.01.180 Time limitations.
A. Calculation of time periods for issuance of notice of final decision. In determining the
number of calendar days that have elapsed after the city has notified the applicant that the
application is complete for purposes of calculating the one hundred twenty (120) day time
limit in KCC 12.01.070 for issuance of the notice of decision, the following periods shall be
excluded:
1. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, provide additional required information, or otherwise requires the
applicant to act. The period shall be calculated from the date the city notifies the applicant
of the need for additional information until the earlier of the date the local government
determines whether the additional information satisfies the request for information or
fourteen (14) calendar days after the date the information has been provided to the city;
31
2. Any period during which the city determines that the information submitted by the
applicant under KCC 12.01.100 and 12.01.110 is insufficient or incorrect and has requested
the applicant to provide sufficient or correct information;
3. Any period during which an environmental impact statement is being prepared following a
determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance has
established time periods for completion of environmental impact statements, or if the city
and the applicant in writing agree to a time period for completion of an environmental
impact statement;
4. Any period for administrative appeals of project permit applications, if an open record
appeal hearing or a closed record appeal, or both, are allowed. The time period for
consideration and decision on appeals shall not exceed:
a. Ninety (90) calendar days for an open record appeal hearing; or
b. Sixty (60) calendar days for a closed record appeal.
The parties may agree to extend these time periods; and
5. Any extension of time mutually agreed upon by the applicant and the 1ersa1
gevernmei:ALLty.
B. Time limit exceptions. The time limits established in this section do not apply if a project
permit application:
1. Requires an amendment to the comprehensive plan or a development regulation;
2. Requires approval of the siting of an essential public facility as provided in RCW
36.70A.200; or
3. 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 to be complete pursuant to
KCC 12.01.100.
C. Failure to meet time limit. If the city is unable to issue its final decision within the time
limits provided in this chapter, it shall provide written notice of this fact to the project
applicant. The notice shall include a statement of reasons why the time limits have not been
met and an estimated date for issuance of a final decision. The city is not liable for damages
due to the city's failure to make a final decision within the time limits established in this
chapter.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
n4 n mi4 n nl'nn4'nnr
nn4i9RS that n ubiec4 4e this ehan4er nr that r e CCDA Fevoew shall n e of n
i3eFFmit io ed n n lanrl nl i eh4ained 1O0 days A 4..r the gubmi44nl
0nn4ien 13..rr..n..4 4n Kcc 1'f 01 inn unlerr such annlica4ien has been n..rr..ed in Read Faith nr
etermined selel., in the nlannin, d0 F@GWF'q d0qGFet0..n The nhnnin, d0 F@Gter is utheri.ed to ,. ant en
32
requested in riting�nhlo e;Iygp .dome,.otrato.d
19 0 1 O7 C..3lra4ien
err e4her,v:se adther:-.e.d nUrsUant 4e Kent Gott Cade, n„nr„ nrelert hermit er Inhrl use annre„al that
by Such Permit or approval is eemmo,.eo.d Within 190 .days a4er Permit issua,.eo or land use approval,--of
unless a subsequent permit r land u appfGv;il io ehtai,.o.d fnr the a oet or of tho..,erLsuch atheri.o.d h.,
mi4 er land use al i n.de.d a ahan.dene.d Fern e.d of 1 o.days a4er the time tl
tome, f9F e.ds net m e than 190 .daa each The e.,4ensien shall her este.d OR ri4ine n
.stofmahle cause rlemens4raterl
12.01.185 Expiration of permits
A. Absent statute or ordinance provisions to the contrary, Process I and II proiect
permit applications listed in 12.01.050 that are not subiect to the notification and
procedural requirements of this chapter and for which no substantial steps have been
taken to meet approval requirements including permit issuance or final decision for a
period of 365 days after submittal of the initial application will expire and become null
and void. Substantial steps include but are not limited to due diligence in submitting
complete and correct resubmittals or due diligence in satisfying the requirements for
recordation of lot line adiustments. The planning director may grant a 180-day
extension in writing on a one-time basis if the failure to take a substantial step was
due to circumstances beyond the control of the applicant. Provisions of this section do
not exempt the city from the time periods for actions under RCW 36.70B.080 and
12.01.180 KCC.
B. Absent statute or ordinance provisions to the contrary, permits or land use
approvals listed in 12.01.040 of this chapter for which the use is not begun or the work
is not completed within 365 days after permit issuance or final decision will expire and
become null and void. The planning director may grant a 180-day extension in writing
on a one-time basis if the failure to begin the use or complete the work was due to
circumstances beyond the control of the applicant.
C. Site plan review approvals will expire and become null and void after a period of
180 days of approval unless:
1) Proiect permit applications for development of a substantial portion of the
site plan remain valid, or
2) Proiect permits for development of a substantial portion of the site plan
remain valid.
D. The Economic & Community Development Director may authorize additional time
extensions in rare or unique circumstances when the delay is outside of the
33
applicant's control, includina but not limited to unusual delay in obtaining permits
or approvals from other agencies or jurisdictions
12.01.190 Open record appeal.
A. This section allows for open record appeals as provided in the framework in KCC
12.01.040. Open record appeals are heard by the hearing examiner.
B. Consolidated appeals.
1. All open record appeals on a project permit application decision, other than an appeal of
determination of significance (DS), shall be considered together in a consolidated open
record appeal.
2. Appeals of environmental determinations under SEPA, Ch. 11.03 KCC, including
administrative appeals of a threshold determination, shall proceed as provided in that
chapter.
C. Initiation of appeal. Only parties of record may initiate an appeal on a project permit
application.
D. Time to file. An appeal must be filed within fourteen (14) calendar days following
issuance of the notice of decision. Appeals must be delivered to the planning services office
by mail, personal delivery, or received by fax before 4:30 p.m. on the last business day of
the appeal period.
E. Computation of time. For the purposes of computing the time for filing an appeal, the day
the notice of decision is rendered shall not be included. The last day of the appeal period
shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050, or by
the city's ordinances as a legal holiday, then it also is excluded and the filing must be
completed on the next business day (RCW 35A.28.070).
F. Content of appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by
the city council, and contain the following information:
1. Appellant's name, address, and phone number;
2. Appellant's statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant's statement of grounds for appeal and the facts upon which the appeal is
based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the contents to be true,
followed by the appellant's signature.
G. Effect. The timely filing of an appeal shall stay the effective date of the decision until
such time as the appeal is adjudicated by the hearing examiner.
34
H. Notice of appeal. Public notice of the appeal shall be given as provided in KCC 12.01.145
(13)(2)(a) and (c).
I. Burden of proof. The burden of proof is on the appellant.
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01; Ord. No. 3600 § 1, 5-7-02)
12.01.195 Closed record appeal.
A. This section shall allow for closed record appeals as provided in the framework of KCC
12.01.040. A closed record appeal hearing shall be on the record before the hearing body
and no new evidence may be presented, unless the new evidence is limited to information
that could not have been placed on the record previously.
B. Administrative appeals. Only parties of record may initiate an administrative appeal on a
project permit application.
C. Time to file. An appeal must be filed within fourteen (14) calendar days following
issuance of the notice of decision. Appeals must be delivered to the planning services office
by mail, personal delivery, or Feeeived by faxelectronically before 4:30 p.m. on the last
business day of the appeal period.
D. Computation of time. For the purposes of computing the time for filing an appeal, the
day the notice of decision is rendered shall not be included. The last day of the appeal
period shall be included unless it is a Saturday, Sunday, a day designated by RCW
1.16.050, or by the city's ordinances as a legal holiday, then it also is excluded and the
filing must be completed on the next business day (RCW 35A.21.080).
E. Content of appeal. Appeals shall be in writing on forms provided by the city, be
accompanied by an appeal fee as set by the city council, and contain the following
information:
1. Appellant's name, address, and phone number;
2. Appellant's statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant's statement of grounds for appeal and the facts upon which the appeal is
based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and believes the contents to be true,
followed by the appellant's signature.
F. Effect. The timely filing of an appeal shall stay the effective date of the decision until such
time as the appeal is adjudicated by the hearing examiner or city council.
G. Order of proceedings. The closed record appeal shall only be open for oral argument by
the parties to the appeal.
35
H. Burden of proof. The burden of proof is on the appellant.
(Ord. No. 3574, § 3, 9-18-01; Ord. No. 3801, § 5, 6-6-06)
12.01.200 Judicial appeals.
A. Appeal. The city's final decision or appeal decision on a Process I, II, III, IV, or V
application may be appealed by a party of record with standing to file a land use petition in
King County superior court.
B. Petition period. A land use petition must be filed within twenty-one (21) calendar days of
issuance of the notice of decision or appeal decision.
C. Filing and content of a land use petition. A land use petition shall be filed according to the
procedural standards outlined in Chapter 36.70C RCW, Judicial Review of Land Use
Decisions, also known as the "Land Use Petition Act."
(Ord. No. 3424, § 19, 11-17-98; Ord. No. 3574, § 3, 9-18-01)
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12.04.192 Decision on preliminary subdivision.
A. The hearing examiner may approve, approve with modifications and conditions,
or deny the application for a subdivision.
B. The final decision of the hearing examiner shall be rendered within ten (10)
working days following the conclusion of all testimony and hearings, unless a longer
period is mutually agreed to on the record by the applicant and the hearing
examiner.
C. The city shall provide a written notice of decision by the hearing examiner. The
notice of decision shall be provided to the parties of record and to any person who
requested notice of the decision prior to the decision and shall include findings and
conclusions, based on the record and approval criteria, to support the decision.
D. A party of record may make a written request for reconsideration of the decision
by the hearing examiner within five (5) working days of the date the decision is
rendered, pursuant to KCC 12.01.160(F).
(Ord. No. 3906, § 1, 1-6-09)
1:2.04.1:93 City council clesed record appeal-.
The decision of the heaFing e)Ean9ineF shall be final, unless an appeal is n9ade by-a
paFty Of FeCOFd to the eity council within fOUFteen (14) ealendaF days following thre
0 ssuance of the notice of decision and on aCCOFdance with the FequiFengents of KCC
12.01.195. The appeal shall be heaFd by the city council On a clesed FeCOFd appea4
heaFing. Pie new evidence n9ay be PFesented. The decision of the eity council sha44
Feffesent final action of the eity and is appealable enly to supeFOOF COUFt.
12.04.195 Appeal to superior court.
The decision of the hearing examiner is final for short subdivisions and the decision
of the city council is final for subdivisions unless it is appealed to the superior court.
Such appeal must be filed with the superior court within twenty-one (21) calendar
days from the date the decision was issued.