HomeMy WebLinkAbout3574Ordinance No. 3574
(Amending or Repealing Ordinances)
CFN=131 - Zoning Code and Amendments
Passed - 9/18/01
Permit Process
Amending Portions of Sec. 2.32; Section 11.03.520; Chapter 12.01;
Section 14.01.020; Chapter 14.11
Amends Ords. 2233;2302;2494;2802;3149;3169;3320;3424;
3415
Amended
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Amended
by Ord.
by Ord.
by Ord.
by Ord.
by Ord.
by Ord.
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3600
(Sec.
12.01.190(H))
3614
(Sec.
12.01.040)
3690
(Sec.
14.01.020)
3760
(Sec.
12.01.030)
3801
(Sec.
12.01.020;12.01.040;12.01.145;12.01.195)
3839 (Ch. 14.01)
3914 (Secs. 12.01.110;14.01.030;14.01.040)
3956 (Sec. 14.01.030)
4011 (Sec. 12.01.040(A))
4044 (Chp. 12.01)
The date ["Beginning July 1, 1998"1 has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document— 6/21/2012
ORDINANCE NO. 3�'7l
AN ORDINANCE of the City Council of the City
of Kent, Washington, updating code provisions relating to
the administration of development regulations by
amending Chapter 12.01 of the Kent City Code, and
related portions of Chapters 2.32, 11.03, 14.01, and 14.11.
WHEREAS, in 1998 the City Council enacted Chapter 12.01 of the
Kent City Code to provide provisions for establishing 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 (KCC): Chapter 2.32 KCC, Office of Hearing Examiner; Chapter
11.03 KCC, Environmental Policy; and Chapter 12.04 KCC, Subdivisions; and
WHEREAS, the City Council desires to update these processes and
related matters to provide for more effective and efficient processing of land use and
development proposals; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Section 2.32 of the Kent City Code, entitled, "Office of
the Hearing Examiner," is hereby amended to read as follows:
Sec. 2.32.150. Appeal of decision.
A. Any party who feels aggrieved by the hearing examiner's decision may submit
an appeal, if authorized by statute or Kent Cite, in writing to the ,,;1., e0wied
within twenty-one fo*Fteen 214-4) calendar days from the date the final decision of the
hearing examiner is rendered,, fee esting, a _e.._w ofsu b deeisjo,, ti„?,,,,,, stieh appeal
lily to the superior court or to another designated forum
provided,4 shall be upon the feeofd established made at the heafing h(
that d enee L' L ♦ '1 Y 1 1
f new
MUM
W1.01-01
pa��ieRt of fees as fequifed, a hearing shall be held by the eity eetmeil, Sueh hear-inig
shall be held in aeeordanee A,ith appeal pFE)eedttf:es adopted by eity eottneil by
ie
B. No appeal may be made from a recommendation of the hearing examiner.
Sec. 2.32.160. City council action.
A. Any application requiring action by the city council shall be taken by the
adoption of a motion, resolution or ordinance by the city council. When taking any
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such final action, the city council shall make and enter findings of fact from the record
and conclusions therefrom which support its action. The city council may adopt all or
portions of the he„ring, ex findings and conclusions from the hearing
examiner's recommendation.
B. In the case of an ordinance for rezone of property, the ordinance shall not be
placed on the city council's agenda until all conditions, restrictions or modifications
which may have been stipulated by the city council have been accomplished or
provisions for compliance made to the satisfaction of the legal department.
C. The action of the city council, approving, modifying, or rejecting a
recommendation of-dtei4onof the hearing examiner, shall be final and conclusive_
Appellants have, *Fess .,��*'�� twenty-one (21) calendar days from of -the date of city
council action; to file an appeal with the Ssi or Ccourt.
Sec. 2.32.170. City administrative staff are to be considered a person or
party. For the purpose of KCC 2.32.140 and 2.32.150, the city's administrative staff
shall be considered a "person" and/or "party" and shall have the same rights as any
other person or party to make requests for reconsideration toby the hearing examiner
or to appeal decisions of the hearing examiner to the eity eeun^ 'superior court or to
another designated forum.
SECTION 2. Section 11.03.520 of the Kent City Code, entitled
"Appeals," is hereby amended to read as follows:
Sec. 11.03.520. Appeals.
A. Administrative appeals. The city establishes the following administrative
appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
1. Procedural appeals. The eity establishes the f >>,,w ing ,,,am mist fative
appeal prOEed�es-H3 Ef- 4�.2�1 G-075 aiid ona 197 -680r:.
a. Any party of record may appeal the city's procedural
compliance with Chapter 197-11 WAC for issuance of the following:
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(1) A final determination of nonsignificance: Appeal of the
DNS must be made to the hearing examiner within fourteen (14) calendar days of the
date the determination of nonsignificance is final. Notice of the issuance of a final
DNS shall be provided in accordance with KCC 11.03.410(A)(2). Except as provided
in (a)(3) of this subsection, the appeal shall be consolidated with an by earing or appeal
of the underlying_permit.
(2) A determination of significance: 44ie-aAppeal of the DS
must be made to the hearing examiner within fourteen (14) calendar days of the date
the determination of significance is issued. Notice of the issuance of a determination
of significance shall be provided in accordance with KCC 11.03.410(A)(2). An appeal
is not required to be consolidated with a hearing or appeal on the underlying permit.
(3) Agency action: An appeal is not required to be
consolidated with a hearing or appeal on the underlying permit if it is an appeal (i) of a
procedural determination made by the city when the city is the project proponent or is
funding a project and chooses to conduct its review under SEPA including any
appeals of its procedural determinations prior to submitting_ an application for a
project permit; (ii) of a procedural determination made by an agency on a nonproject
action; and (iii) to the city council under RCW 43.21C.060 or other applicable state
statute.
b. The decision of the land use hearing examiner shall be final,
pursuant to RCW 43.21C.075(3)(a). No right to appeal the decision of the hearing
examiner is granted by this section.
C. The procedural determination by the city's responsible official
shall carry substantial weight in any appeal proceeding.
2. Substantive appeals. E_" ept f - r~ its and , a __ n.
r
to the city shoreline masterpfogfam, Rese,tktion ?� There shall be no administrative
appeal when any proposal or action x,�,r rpcniirinria + the 1 he is
conditioned or denied on the basis of State Environmental Policy Act by a nonelected
official_,
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3. No other appeal provided. Except as provided in subsections (A)(1)
above, or as otherwise provided by law, no right to appeal is created by this
section.
B. Judicial appeals.
1. No right to judicial review or appeal, which does not now exist, is
created by this chapter. The decision by the city to issue or deny nonexempt permits
or licenses shall be final. As authorized in 43.21C.075(5) judicial review with
superior court ^ Nf of7 fe , eew must be sought within f u ftep., (, ) twenty-one (21)
calendar days of the issuance or denial of the permit or license, if at all, by an
aggrieved party or person. RCW 43.21C.075(5).b �� ,,,o
I
2. The city shall give official notice under WAC 197-11-680(5) whenever
it issues a permit or approval for which a statute or ordinance establishes a time limit
for commencing judicial review.
SECTION 3. Chapter 12.01 of the Kent City Code, entitled
"Administration of Development Regulations," is hereby amended to read as follows:
CHAPTER 12.01. 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.
5 Permit Processing
12.01.105
Application vesting.
12.01.110
Procedure for complete, but "incorrect applications".
12.01.120
Referral and review of project permit applications.
12.01.130
Public notice — Generally.
12.01.140
Notice of application.
12.01.145
Notice of public hearing.
12.01.150
Consistency with development regulations and SEPA.
12.01.155
Code of Conduct.
12.01.160
Open record public -hearings.
12.01.170
Notice of decision.
12.01.180
Time limitations.
12.01.190
Open record appealGlese reeefd heafings and ad____,__s±_ati _ e appea1
12.01.195
Closed record 4ppeal.
12.01.200
Judicial appeals.
Sec. 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; -and
D. Ch. 14.01 KCC, Building Codes,• and
DE. KCC Title 15, Zoning.
Sec. 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.
6 Permit Processing
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 pre -decision hearing." An open record hearing may be
held on an appeal, to be known as an "open record appeal hearing," if no open record
pre -decision hearing has been held on the project permit.
D. Parties of record means:
1. The applicant;
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
mechanically produced 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, 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
7 Permit Processing
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.
Sec. 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 difee4afmanager shall
determine the proper Process typespreeedtir-e for all applications. If there is a question
as to the appropriate Process type of pf-oeedw-e, the planning d eimanag_er shall
resolve it in favor of the higher Processpreeedufe 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 typespr-eeediiFes may be treatedpreee&sed collectively under the
highest numbered Process typepreeedui:e required for any part of the application or
treatedpreeessed individually under each Process type identified by
the chapter. An applicant may ask that his or her application be treatedpreeessed
collectively or individually. If the application is administeredpreeeved under the
individual Processpreeedufe option, the highest numbered pProcess procedure must be
finalizedpreee&sed prior to the subsequent lower numbered Process beim
finalizedpreeed*re. If the application is processed under the individual procedure
option, there shall be no more than one(l) open record hearing and no more than one
(1) closed record appeal for all application Processes Open records hearing and
closed record appeals must be consolidated under the higher Process type number.
8 Permit Processing
D. Decision maker(s). Applications processed in accordance with subsection (C)
of this section which have the same highest numbered Process typepreeedur--e 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
form 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.
Sec. 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.
9 Permit Processing
10 Permit Processing
Process I
Process II
Process III
Process IV
Process V
Process VI
Applications
Develepmelft
Admmrstrativ
Conditional uses
Planned unit
Final plat
Zoning of
Alar+
a design
permit (4)(5) (7)
development
E?)L)
newly
and ?Zoning
review (1)
(10)
(5)U ($10) with
(8) 10
annexed lands
pit
k4)Q
change of use
(3)u (810)
review (1)
7
Performance
Shoreline
Sign variance
Area -wide
standards
substantial
(4)(5) (108)
rezones to
procedures (1)
development
implement
(6)(7Z)
pe—t(l)17)
new city
(9)
policies (�(�
xlo
Sign permit
Accessory
Special home
Rezone (5)(5)
Comprehensive
dwelling unit
occupation
(810)
plan amendmen
permit (1)
permit (44L55)
��--L6) (108)
(64(7
(108)
Lot line
Admmistrativ
Variance (4)(5�
Development
adjustment (1)
a variance (1)
(108)
regulations
(6)L)
Admmistrativ
Downtown
Shoreline
Zoning map
e
design review,
conditional use
amendments
interpretation
all except for
permit (4)(5? (7)
(5)(66) (108)
(1)
minor
(9)
remodels
(?)(3_)
Application
Downtown
Shoreline
Zoning text
conditional
design review,
variance (4)(5)
amendments
certifi-cation
only minor
(-9) (9�
(5)L66) (108)
muh-family
remodels (1)
tax exemption
(6 0
,(1 )(8). all
other multi-
family tax
exemption, (11
7
Development
Multifamily
Preliminary plat
plan review
design review
4)(5) (-'1)L8)
lammn
(1) (E*)L)
manager,
buildin
official, or
public works
director 7
Admimstrativ
Binding site
e
plan (40)U2)
approval/WTF
(7)(7)
1 (€r) 7
Short
Planned unit
subdivision
development
(JL4) (4)L)
(4)W E-7)0)
without a change
of use
(1) Final decision made by planning direetermanager (7H) Appeal to hearing examiner
(2) Final decision by binding site plan committee (8-7) Appeal to city council
(32) Final decision made by downtown design review committee (v) Nt3p L., l to _ upen -
(43) Final decision made by short subdivision committee (9) Appeal to shoreline hearings
(54) Final decision made by hearing examiner board
(65) Final decision made by city council (10)++nal dee+sion by 4+rid+rig--,,+te
plan committee
10 No administrative a gals
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B. Process procedures. The following table lists the Process type and
the
11 Permit Processing
Project Permit Applications (Processes I — i)
Legislative
Process I
Process II
Process III
Process IV
Process
Process VI
V
Requires pre-
Yes, for projects
Yes, for projects
Yes, for
Yes
No
No
application
requiring SEPA
requiring SEPA
projects
conference
review
review
requiring
SEPA review
Notice of
Yes, for projects
Yes, for projects
Yes
Yes
No
No
application
requiring SEPA
requiring SEPA
review
review, short
plans and
shoreline sub -
substantial de-
velopment
permits
Recommendation
N/A
N/A
N/A
Heanng
N/A
Land use and
made by
examiner
planning board
Final decision
made by
Planning
dicectotmanaler.
Planning
dn,,ector aver,
Hearing
examiner
City council
based upon
City
council
City council
building official,
downtown design
record made
or public works
review
before heanne
director as
applicable
examiner
committee,
binding site plan
committee or
short subdivision
com-mittee, as
noted in KCC
1201 140
Open iecord
()*IV if appealed,
then 44o f64
Only it appealed,
tlieTcn be(OFe
yes, lvtiire
ti,�,.
Yes; betin't
Noe�-laynyd�
MEOW appeal
healing-
hea{ing exannivi
hearing examiner
examiner to
final
hearing
eXiODIAOF 10
use and planning
board to -make
make
dectsion
iinalie
F-eeomniendati
on to My
C[kiriE;il
reeompienddtion
City Ciinncil
Open record
appeal
Yes, if appealed.
Yes, if appealed.
No
No
No
No
then before
then before
hearing examiner
heann examiner
Open record
heanne
No
No
Yes. before
heanne
Yes, before
heanne
No
Yes, before land
use and planning
board to make
examiner to
examiner to
make final
make
recommendation
to city council,
decision
recommendati
on to council
and/or before city
council
Reconsideration
No
No
Yes, of
Yes, of
No
No
hearing
hearing
examiner's
examiner's
decision
recommendati
on
11 Permit Processing
F+aal
Only if appeal of
NoOnly if
Only if
No -Y -es befete
Nom
NoY-RI-OF
denial of multi-
dee%HmAeClosed
appealed, then
appealed, then
erty seansite
before
a;t ea hell
family
record appeal
before the
before the
tender- €incl
stty
could held
conditional
shoreline
shoreline
decision
ceuaeil to
its ewqi
certificate, the
heannQs board if
hearings board
reader
heafmg
before the city
applicable
if applicable
€H%4
council No
etty ax}ne}l,
ewept "Peelal
hone
deelsion
--pa4-
S . .,a
p ,..-.,� ar
variances.
whel e 01 1I
appeal ks to
Judicial appeal
Yes
Yes
Yes
Yes
Yes
Yes
Sec. 12.01.050. Exemptions from project permit application processing.
A. General exemptions. The following permits or approvals are specifically
excluded from the procedures set forth in this chapter:
1. Landmark designations;
2. Street vacations; and
3. Street use permits.
4. Pursuant to RCW 36.70B.140(Q), 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;
1•,etin Jafy line adjustments,of: otl eenstnietion PeFfflits.
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.
Sec. 12.01.060. Joint public hearings.
A. Planning di+eetermanag,�er's decision to hold joint hearing. The planning
difeetofmanager 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:
12 Permit Processing
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
ect 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
Sec. 12.01.070. Process VI legislative actions.
A. Legislative actions. The following Process VI actions are legislative, and are
not subject to the procedures 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 amendments;
4. Development regulations and zoning text amendments; and
5. Other similar actions that are non -project related.
Sec. 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 so that the city staff can acquaint
the applicant can be . e with the requirements of the Kent City Code. Pre -
application conferences are required for Process I, II, III, and IV permits which require
environmental review. Only one (1) pre -application conference shall be required for
13 Permit Processing
project permit applications related to the same project. Pre -application conferences
Ishall precede the submittal of any project permit application, including an
environmental checklist. The planning manager direetew—may waive in writing the
for a pre -application conference for proposals that are determined not to
of a size and complexity to require the detailed analysis of a pre -application
Pre -application conference initiation. To initiate a pre -application conference,
applicant shall submit a completed form provided by the city and all information
ertaining to the proposal as prescribed by administrative procedures of the planning
Failure to provide all pertinent information may prevent the city from
all applicable issues or providing the most effective pre -application
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
city within five (5) working days of a completed pre -application conference
The pre -application conference shall be held within thirty (30) calendar days
f the receipt of a completed request, unless the applicant agrees to an extension of
time period in writing.
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
12.01.080(D)(1) shall not bind or prohibit the city's future application or enforcement
of the applicable law.
14 Permit Processing
Sec. 12.01.090. Project permit applications.
A. Required materials. Applications for all project permits shall be submitted
upon forms provided by the city.
Sec. 12.01.100. Submission and acceptance of application.
A. Determination of completeness. Within twenty-eight (28) calendar days after
receiving a project permit application for review for completeness, the city shall mail
or personally provide a written determination of completeness to the applicant., which
to the extent known by the city., identifies other agencies with jurisdiction over the
project permit application., and states either:
1. That the application is complete; or
2. That the application is incomplete and what is necessary to make the
application complete.
If the city does not provide a written determination to the applicant that the
application is incomplete, the application shall be deemed complete. The time period
guidelines for review of project permit applications begin following the determination
of a complete application.
B. Additional information for "complete applications. " A determination of
completeness shall be made when an application is sufficient for continued processing
even though additional information may be required or project modifications may be
undertaken subsequently. The city's determination of completeness shall not preclude
the city from requesting additional information or studies either at the time of the
notice of completeness or at some later time, if new information is required or where
there are substantial changes in the proposal.
C. Procedure for "incomplete applications. "
1. Prior to a determination of a complete application, if the applicant
receives a written determination from the city that an application is not complete, the
applicant shall have up to ninety (90) calendar days to submit the necessary
information to the city. Within fourteen (14) calendar days after an applicant has
15 Permit Processing
submitted the requested additional information, the city shall make the determination
of completeness as described in KCC 12.01.100(A) above, and notify the applicant in
the same manner.
2. If the applicant either refuses in writing to submit additional
information or does not submit the required information within the ninety (90)
calendar day period, the application shall lapse because of a lack of information
necessary to complete the review.
D. Date of acceptance of application. When the project permit application is
determined to be complete, the planning difeetermanager shall accept it and note the
date of acceptance.
E. Project review. Following a determination that an application is complete, the
city shall begin project review.
Sec. 12.01.105. Application vesting. A proiect permit application shall vest
upon the submission of a fully completed project permit application as defined in
KCC 12.01.100. Vestingshall hall 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 12.01.100(D).
Sec. 12.01.110. Procedure for complete, but "incorrect applications".
A. Following a determination 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
Ito ninety (90) calendar days to submit corrected information.
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 time
period set forth in subsection (A) shall be repeated. This process may continue until
complete or corrected information is obtained.
16 Permit Processing
C. If the applicant either refuses in writing to submit corrected information or
does not submit the corrected information within the ninety (90) calendar day period,
the application shall lapse.
D. If the requested corrected information is sufficient, the city shall continue with
project review, in accordance with the time calculations exclusions set forth in KCC
12.01.180.
Sec. 12.01.120. Referral and review of project permit applications. Within
ten (10) calendar days of accepting a complete application, the planning
difeetofmanager 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 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
Jifeetermanager 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.
Sec. 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.
17 Permit Processing
Sec. 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 after the city has made a determination of completeness pursuant to
12.01.100(A); provided, that if any open record hearing is required for the
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:
1. The case file number(s), the date of application, the date of the
determination of completeness for the application 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 36.70B.070;
3. The identification of other permits not included in the application, to
Ithe 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;
18 Permit Processing
6. The tentative date, time, place and type of hearing. The tentative
ing 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
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
, 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
AC 197-11-355.
D. Mailing of notice of application. The city shall 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 department by 4:30 p.m. on
the last day of the comment period. Comments may be mailed, personally delivered
or sent by facsimile. Comments should be as specific as possible.
F. Posted notice of application. In addition to the mailed notice of application,
the city will pQstpf&vi4e notice of application at Kent City Hall, and in the register for
public review at the planning services dept -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 the planning
services office _depafiment as follows: the applicant shall apply to the city for issuance
19 Permit Processing
of the notice board, and shall pay to the deposit wi# *heplanning services office
department the amount of money on the fee schedule currently approved by the city
council and available at the planning services office.ene handfed fifty dellafs ($150).
3he-ant, seventy five- EIAs (S75)ofinial notice beafd deposit shall be
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 managerd4eeter_determines that additional
notice boards are necessary to provide adequate public notice.
d. Notice boards should be:
the notice period;
(1) Maintained in good condition by the applicant during
(2) In place at least fifteen (15) calendar days prior to the
end of any required comment period; and
(3) Removed by the applicant after expiration of the
applicable notice period. and .ete...eu' to the eit •�
within (7l ,e.,d days afte
{11V V1L
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.
20 Permit Processing
The city shall notify the applicant when it comes to their attention that notice boards
have been removed prematurely, stolen, or destroyed.
f. An affidavit of posting shall be submitted by the planning
difeetermanager 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 difeete manager.
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 difec-tefmanager.
G. Published notice of application. Published notice of application in an official
newspaper of general circulation in the area where the proposal is located is required
for Process I and II permits requiring SEPA review, short plats, and a44 -Process III, IV,
and a11�Pfeeess 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 may be reviewed.
of a i...._...e i.....i.iis ivqiiiai.0 in this vri ll ,
other- than a lega!
e
deser-igtiafl;
e. The date, time, and plaee of the b;
21 Permit Processing
Th^
.,�_�.,..:.sa....w..
apA
22 Permit Processing
!tel..• L I:li� �T
•i�l4fil.Tlt•<t.I� �l.I9 :lam �J��l'I
[S.:l.f•��!Sl..\:I•Tlt•�:\�1.I.Al\�.:!•.\:I91�.�� �.l�l..� � �:.�t.i: S: \4:�\:L.:l���.f1: t...l�l.\: �:
23 Permit Processing
HI. Shoreline master program permits.
1. Notice of the application of 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.
Sec. 12.01.145. Notice of public hearing.
A. Notice of public hearing for all types of applications The notice given of a
public 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;
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
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9. That a copy of the staff report will be available for inspection at no cost
will be nrovided at the
cost provided for in
B. Mailed noti,
1. Process I. II and V actions. No public notice is required because no
feet.
2. Process III and IV actions. The notice of public hearing shall be
mailed to:
(aa,) 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) &y 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 public hearing requirements for Process IV actions above additional notice shall be
provided as follows:
(a) Notice of the filing of a preliminaryplat 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(l)(b) shall be
25 Permit Processing
given to owners of real property located within three hundred (300) feet of such
adjacently owned parcels.
4. Process VI actions. For Process VI legislative actions the city shall
publish notice as described in subsection (H)(3) of this section and use all other
methods of notice as required by RCW 35A.12.160.
C. Procedure for posted or published notice of public hearing
1. Posted notice of the public 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 subsection (F) of this section
2. Published notice of the public hearing is required for all Process III and
IV procedures. The published notice shall be published in a newspaper ofeg neral
circulation within the city and contain the following information:
(a) Project location;
(b) Project description;
(c)Tyype of permits) required;
(d) Comment period dates,• and
(e) Location where the complete application may be reviewed
D. Time and cost of notice of public 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 shall be removed by the
applicant within seven (7) calendar days following the conclusion of public hearings)
Sec. 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
26 Permit Processing
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 KCC 12.01.150(B) shall be controlling.
6. Nothing in this section limits the city from asking more specific or
related questions in subsections (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;
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 application should be conditioned with additional
mitigation measures; and
27 Permit Processing
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
KCC 12.01.150(B) 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.
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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 Department of Ecology (Chapter 197-11 WAC) may not be
conditioned or denied under SEPA.
JE. Planned actions. A planned action does not require a threshold determination
lor 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 KCC 12.01.150(E)(1)(b) above;
d. Are located within an urban growth area, as defined in RCW
136.70A.030;
136.70A.200;
e. Are not essential public facilities, as defined in RCW
f. Are consistent with the city's comprehensive plan adopted
funder 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.
29 Permit Processing
During project review, the city shall not reexamine alternatives or hear
appeals on the items identified in KCC 12.01.150(B) 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.
Sec. 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
12.01.195.
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 advise 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) below.
30 Permit Processing
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.
3. Except for Process VI actions, a member absent during the presentation
of evidence in a hearing mayparticipate in the deliberations or decision unless the
member has reviewed the evidence received.
Sec. 12.01.160. Open record pie hearings.
A. General. Open record hearings shall be conducted in accordance with this
section.
B. Responsibility of the planning--E anager Areeter for hearing. The planning
dife�nanager shall:
31 Permit Processing
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
stating all of the decisions made as of the date of the report, including
on project permits in the consolidated permit process that do not
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
be the permit; and
4. Prepare the notice of decision, if required by the hearing body, and/or
a copy of the notice of decision to those required by this code to receive such
I decision.
■���\����\�Ii�l�a�i ��I�1�\�����l�f���•+� .............f1������79q�'
7
32 Permit Processing
he E)r- she shall plaee en the r-eeer-d.:
1111) ULVLIVIZ,
responses made; anc
d
the -r-eE6r-d-Upon r-equest made within ten (10)-eale rdlar- days after- netiee of tthe ex
to place .-eb tt.,l st.,te tl 1
�. u avv uaaua Jauwauv
E. Disqualifiedtfolf.
wu. . .
aaavva a1us i V Y 1V YY V V CI1
CE. 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,
33 Permit Processing
aaavva a1us i V Y 1V YY V V CI1
CE. 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,
33 Permit Processing
(comprehensive plan and that any significant adverse environmental impacts have been
adequately addressed.
DG. 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:
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 (G)(1) and (G)(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.
34 Permit Processing
6. When the presiding officer has closed the public hearing portion of the
, 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 bodyex-aiis unable to formulate a
recommendation on a project permit, the hearing bodye*an4Ref may decide to forward
the project permit to the city council to render a decision without a recommendation.
Recommendation/decision. The hearing body shall issue a recommendation or
decision, as applicable, within fourteen (14) calendar days of the record being closed.
FI. 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
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. A request for
temporarily 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 reconsideration is
denied, the appeal deadline of the hearing examiner's decision shall recommence for
the remaining number of days. If a request for reconsideration is accepted, a decision
is not final until after a decision on reconsideration is issued.
Sec. 12.01.170. Notice of decision.
A. Following a decision onef a project permit by the applicable decision -maker,
the city shall provide a notice of decision that also includes a statement of any
35 Permit Processing
determination made under SEPA (Chapter 43.21C RCW) and the procedures
for appeal.
B. The notice of decision shall be issued within one hundred and twenty (120)
calendar days, as calculated by KCC 12.01.180, after the city notifies the applicant
that the application is complete. The time f •.H",ss set, f A.h. i this +ie shall apply+
ialy L1111V 11 CLLLLVJ JVL 1
tit applieations filed on or- after- Apii!
1996.
7
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 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 nermik grndinv nermita and civil
ion permits are exempt from the requirements in
E -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
I. . .
Sec. 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 and 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
36 Permit Processing
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;
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
local government.
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.
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IC. Failure to meet time limit. If the city is unable to issue its final decision within
Ithe time limits provided in this chapter, it shall provide written notice of this fact to the
ect applicant. The notice shall include a statement of reasons why the time limits
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.
Sec. 12.01.190. Open record appealClosed r-eeor-d hearings and
administr-ative appeals.
A. 4ppe Weeisions. This section allows for a ministrativa men record
appeals as provided in the framework in KCC 12.01.040. ^ am inistfat .,o Open record
appeals are heard by the hearing examiner.,
B. Consolidated appeals.
1. All open record appeals on a of—project permit application decisions,
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 A,'n�,.';..,. appeals. Only parties of record may initiate an
.,,a,,,inistr-a ive 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 officedepaAment by mail, personal delivery or received by fax
before 4:30 p.m. on the last business day of the appeal period. if an appl;,.mt i.,i,i.,*os
--Aal deteniiinatien issued at the same time as the pfejeet deeision shall be
filed within twenty ene (21) ealendaF days after- the netiee of deeision has been made
and is appealable.
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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,
downtown design review eemmittee or- city eouneil, as appheable, or is withdrawn.
H. Notice of „dm m: H 'r•, appeal. Public notice of the appeal shall be given as
provided in KCC 12.01.145(B) 2)(a) and (b),0(14)(2)(b)( ) and (3)
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2. 1 2 n 1 i 60(D) Gv Pafte Ce
,
,
3. 12.01.160(-E)
4 12.01.160((-) BoMen and
.
,
Nature o
D,
c 12.01.160(G)(1), i2
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1 0 1 70 � of F ns
v . �v--��crC�vrncC-i
I. Burden o Proof The burden of proof is on the appellant.
Sec. 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 hearings shall be on the record before the
hearing body and no new evidence may 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 ale. Ana eal must be filed within fourteen 14 calendar da s
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.
D. Computation of time. For the pMoses 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 ted 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.28.910 .
E. 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 includingthe he specific nature and extent,• and
6. A statement that the appellant has read the appeal and believes the
contents to be true followed b t�ppellant's si ature
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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.
G. Order of Proceedings. The closed appeal shall only be open for oral argument
by the parties to the appeal.
H. Burden o Proof The burden of proof is on the appellant.
Sec. 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".
SECTION 4. Section 14.01.020 of the Kent City Code, entitled
"Amendments to Uniform Building Code," is hereby amended to read as follows:
Sec. 14.01.020. Amendments to Uniform Building Code. The following
amendments to the Uniform Building Code adopted in KCC 14.01.010 are hereby
adopted.
A. Building code appendices adopted. Divisions I, II, and IV of Chapter 3,
Chapter 15 and Chapter 33 of the Appendix of the Uniform Building Code, 1997
Edition (as adopted in KCC 14.01.010), are adopted, except that the director of public
works shall have the authority to enforce and interpret Chapter 33 of the Appendix of
the Uniform Building Code, 1997 Edition, and accordingly, all references to the
"building official" in Chapter 33 of the Appendix shall be substituted with the words,
"Director of Public Works."
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B. Lot lines and setback lines. Notwithstanding the authority of the building
official to administer and enforce the building code, the building official shall have no
duty to verify or establish lot lines or setback lines. No such duty is created by this
chapter, and none shall be implied. The location of lot lines and/or setback lines at a
development and construction related thereto shall be the responsibility of the
applicant/owner.
C. Expiration of Project Permit Application.
1. Project permit applications that are not subject to Ch. 12.01 KCC and
that do not require SEPA review, shall expire by limitation if no permit
is issued within one hundred and eighty (180) days after the
determination that a fully complete project permit application, as
defined in KCC 14.11.020, has been submitted. Plans and other data
submitted for review may thereafter be returned to the applicant or
destroyed by the building official. The building official may extend the
time for action on the permit application for aperiod not exceeding one
hundred and eighty (180) days Won request by the applicant showing
that circumstances beyond the control of the applicant have prevented
action from being taken. An application shall not be extended more
than once. In order to renew action on an expired application the
applicant shall resubmit plans and pay a new review fee.
2. Project permit applications subject to Ch. 12.01 KCC are not subject to
the expiration dates above. Said project permit applications shall be
subject to the deadlines in Ch. 12.01 KCC.
SECTION S. Chapter 14.11 of the Kent City Code, entitled "Vesting of
Development Permit Applications," is hereby amended to read as follows:
CH. 14.11. VESTING OF DEVELOPMENT PERMIT APPLICATIONS
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Sec. 14.11.010. Vesting. Vesting ofrp ojectdeve opme„* permit applications
occur upon the determination that stab ission of a fully completedrp ojectdivelipme�tE
permit application as defined in KCC 12.01.100, has been submitted. Vesting shall
only apply to land use regulations in effect on the land at the time a fully completed
application has been submitted. A projeddevelopment permit application shall be
reviewed under the land use regulations in effect at that time. To establish a vested
right, the applicant shall file an application on a form furnished by the �,
official, which form may be amended from time to time. Every application shall, at a
minimum, provide the information required by the city
Code -
for filing of projecIdevelopme permit applications a ell as other- sueh inn ..,,,.,t:..
set forth in the application form and applicable
codes.
Sec. 14.11.020. Completed application. In order to be accepted as fully
completed herein, an application for a development permit shall be reviewed by the
official, or his/her designee, to verify that all information required has been
in a clear and usable format. Once it has been determined that all required
on has been provided, the building official, or his/her designee, shall accept
the filed application and determine the date the application is considered complete and
therefore vested.
Sec. 14.11.030. Other.
A completed developmentproject permit application, as defined herein, does
mean or imply approval of the project.
B. A completed developmentproject permit application herein may not necessarily
constitute a completed application for the purpose of processing the same. Additional
information, steps or procedures may need to be taken or completed in order to process
and obtain the requested permit.
C. Vesting hereunder shall apply only to the scope of the project applied for under
the permit application.
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D. Vesting under this chapter expires with the expiration of the
rp oject permit application or with the expiration of a permit issued
pursuant to an application.
SECTION 6. — Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 7. — Effective Date. This ordinance shall take effect and be
in force thirty (30) days from and after passage as provided by law.
4 &
JINYWHITE, MAYOR
ATTEST:
BRENDA JACOBER, ITY CLERK
APPROVED AS TO FORM:
ER LUBOVICH, CITY
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PASSED: �� day of , 2001.
APPROVED: day of '2001.
PUBLISHED: odd day of , 2001.
I hereby certify that this is a true copy of Ordinance No. 35- %q passed by
the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
P`Cihl`D�nevice�PemolRoaeoog Tncked Cheogendac
a-Lo� (SEAL)
BRENDA JACOBU, CITY CLERK
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