HomeMy WebLinkAbout2762 Expanding Role of Hearing Examiner in the Review of Type III Land Use Decisions and Amending Land Development Permit Application and Appeal FeesOrdinance No. 2762
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT TOWNSEND AMENDING CHAPTER 20.01 OF THE
PORT TOWNSEND MUNICIPAL CODE, LAND DEVELOPMENT
ADMINISTRATION PROCEDURES, TO EXPAND THE ROLE OF
THE HEARING EXAMINER IN THE REVIEW OF TYPE III LAND
USE DECISIONS AND AMENDING CHAPTER 20.09, LAND
DEVELOPMENT PERMIT APPLICATION AND APPEAL FEES
WHEREAS, RCW 35A.63.170 authorizes code cities to utilize a hearing examiner for
public hearings in land use decisions and other matters; and
WHEREAS, a hearing examiner system provides for an efficient and fair method of
reviewing land use permit applications and determining appeals of land use and other
administrative decisions; and
WHEREAS, a hearing examiner is well-versed in procedural due process, land use laws,
land use planning principals, and recent court decisions; and
WHEREAS, a hearing examiner may reduce the city's potential liability for improper
public hearings and land use decisions; and
WHEREAS, the responsible official has conducted environmental review of the proposed
municipal code text amendments under the State Environmental Policy Act (SEPA), RCW 43.21C
and made a determination of nonsignificance and published notice of such in the official city
newspaper on August 2, 2000, for which the comment and appeal period ended on August 17,
2000. No SEPA comments or appeals were filed during this period; and
WHEREAS, on Januar~j 25, 2001 the Planning Commission held a public workshop on the
proposed municipal code text amendments; and
WHEREAS, on February 22, 2001, the Planning Commission held a noticed public hearing
on the proposed amendments during which presentations were made by staff and testimony was
sought from the public. At the conclusion of the February 22, 2001 public hearing the Planning
Commission recommended that the proposed amendments to PTMC Chapter 20.01 be approved;
and
WHEREAS, the City Council finds that adoption of the following amendments to the text
of PTMC Chapter 20.01 will further promote fair and efficient processing of complex land use
applications in the City and should be approved.
1 Ordinance 2 762
NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record
before the Port Townsend Planning Commission and City Council, the City Council hereby
ordains as follows:
SECTION 1. Chapter 20.01, Land Development Administrative Procedures, is hereby
amended to read as follows:
Chapter 20.01
LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES
Sections:
20.01.010
20.01.020
20.01.030
20.01.040
20.01.045
20.01.050
20.01.060
20.01.070
20.01.080
Article I. TypeS of Project Permit Applications
Purpose and definitions.
Procedures for processing development project permits.
Determination of proper type of procedure.
Project permit application framework.
Reserved Special .... ~,~,,-,,~,, ^r,h~ ~,~ ...... ~,,,~
~oint public ~e~in~s (other public agency ~e~ings).
Legislative decisions.
Legislative enac~ents not restricted.
Exemptions ~om pro~ect pe~it application processing.
Article II. Type I - IV Project Permit Applications
20.01.090
20.01.100
20.01.110
20.01.120
20.01.130
20.01.140
Preapplication conference.
Development permit application.
Submission and acceptance of application - Determination of completeness -
Additional information and project revisions.
Referral and review of development permit applications.
Scope of project review.
Project consistency.
Article III. Public Notice
20.01.150
20.01.160
20.01.170
20.01.180
20.01.190
Notice of application.
Methods of public notice of application.
Shoreline master Program (SMP) permits.
Optional additional public notice.
Notice of public hearing.
Article IV. Project Review and Approval Process
20.01.200 Administrative approvals without notice (Type I).
2 Ordinance 2 762
20.01.210
20.01.220
20.01.230
20.01.235
20.01.240
20.01.250
20.01.260
20.01.270
20.01.2g0
Administrative approvals subject to notice (Type II).
Reserved P!~ming .... ~o~ ......~ ..... ~.d reco~_mendation (Type III).
City council action.
Hearing examiner review and decision (Type III, PTMC 20.0! .045).
Procedures for public hearings.
Procedures for closed record hearings and appeals.
Reconsideration.
Remand.
Final decision- Exclusions to 120-day deadline.
Article V. Appeals
20.01.290
20.01.300
20.01.310
20.01.320
20.01.330
Appeal of administrative interpretations and approvals.
Appeal of planning commission recommendations - Standing to appeal.
Appeals - Procedure.
Judicial appeal.
Effective date- Severability.
Article I. Types of Project Permit Applications
20.01.010 Purpose and definitions.
A. Purpose. In enacting this Chapter 20.01 PTMC, the city council intends to establish a
mechanism for implementing the provisions of Chapter 36.70B RCW (the Regulatory Reform Act)
regarding compliance, conformity, and consistency of proposed projects with the city's adopted
comprehensive plan and development regulations. In order to achieve this purpose, the city council
finds that:
1. Given the extensive investment that public agencies and a broad spectrum of the public are
making and will continue to make in the Port Townsend's comprehensive plan and development
regulations, it is essential that project review start from the fundamental land use planning choices
made in the comprehensive plan and regulations. If the applicable regulations or plan identify the
type of land use, specify residential density, and identify and provide for funding of public
facilities needed to serve the proposed development and site, these decisions at minimum provide
the foundation for further project review unless there is a question of code interpretation. The
project review process, including the environmental review process under Chapter 43.21C RCW
and the consideration of consistency, should start from this point and should not reanalyze these
land use planning decisions in making a permit decision, unless the city finds that the plan and
development regulations do not fully foresee site-specific issues and impacts identified through
land use project application review.
2. Comprehensive plans and development regulations adopted by the city under Chapter
36.70A RCW (the Growth Management Act), sub area plans, and environmental policies, laws and
rules adopted by the city, the state, and the federal government address a wide range of
environmental subjects and impacts. These provisions typically require environmental studies and
contain specific standards to address various impacts associated with a proposed development,
such as building size and location, drainage, transportation requirements, and protection of
3 Ordinance 2762
environmentally sensitive areas. When the city applies these existing requirements to a proposed
project, some or all of a project's potential environmental impacts may be avoided or otherwise
mitigated. Through the integrated project review process described in this Chapter 20.01 PTMC,
the director of the building and community development department (BCD) will determine
whether existing requirements, including the applicable regulations or plans, adequately analyze
and address a project's environmental impacts. Project review generally should not require
additional studies and mitigation under Chapter 43.21C RCW where existing regulations
adequately address a proposed project's probable significant adverse environmental impacts.
Development regulations generally enable project review through the application of established
scientific standards, required studies and standard mitigation measures.
B. Definitions. The following definitions shall apply throughout this Chapter 20.01 PTMC:
1. "Aggrieved party" is a party of record who can demonstrate the following: (a) the land use
decision will prejudice the person; (b) the asserted interests are among those the city is required by
city code to consider in making a land use decision; and (c) a decision on appeal in favor of the
person would substantially eliminate or redress the prejudice alleged to be caused by the land use
decision.
2. "BCD" means the city of Port Townsend building and community development
department.
3. "Closed record hearing" means an administrative closed record hearing before the city
council based upon the record following an open record hearing on a project permit application.
The hearing is on the record with no new evidence or information allowed to be submitted. In an
appeal, at the city council's discretion, the council may allow argument based upon the record
established at the open record hearing.
4. Days. All days shall be calendar days.
5. "Director" shall mean the BCD director or his/her designee.
6. Effective Date of Decisions. All preliminary and final decisions shall be effective on the
date stated in PTMC 20.01.280B.
7. Effective Date of Notices. All notices provided to applicants and any members of the
public shall be effective on the date deposited in the mail and when first published or posted on
properties.
8. "HPC" means the historic preservation committee, as provided in Chapter 2.72 PTMC.
9. "Open record hearing" means a hearing, conducted by a single hearing body or officer, that
creates the record through testimony and submission of evidence and information. An open record
hearing may be held prior to a 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.
10. "Parties of record" means the land use permit applicant; persons who have testified at an
open record hearing; and any persons who have submitted written comments concerning the
application that form part of the public record that is considered at the open record hearing
(excluding persons who only signed petitions or mechanically produced form letters).
11. "Project permit" or "project permit application" means any land use or environmental
permit or license required from the city for a project action, including but not limited to
subdivisions, planned unit developments, conditional uses, shoreline substantial development
permits, permits or approvals required by the environmentally sensitive area ordinance (Chapter
19.05 PTMC), site-specific rezones authorized by the Port Townsend comprehensive plan or a
4 Ordinance 2 762
formally adopted sub area plan, but excluding the adoption or amendment of the Port Townsend
comprehensive plan, a sub area plan, or development regulations except as otherwise specifically
included in this subsection.
12. "Public meeting" means an informal meeting, hearing, workshop, or other public
gathering of people to obtain comments from the public or other agencies on a proposed project
permit prior to a decision. A public meeting may include, but is not limited to, a historic
preservation committee (HPC) meeting, a special review district or community council meeting, 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 local government's project permit application file. (Ord.
2521 § 1, 1996)·
20.01.020 Procedures for processing development project permits.
For the purpose of project permit processing, all development permit applications shall be
classified as one of the following: Type I, Type II, Type III or Type IV. Legislative decisions are
Type V actions, and are addressed in PTMC 20.01.060. Exemptions from the requirements of
project permit application processing are contained in PTMC 20.01.080. (Ord. 2521 § 1, 1996).
20.01.030 Determination of proper type of procedure.
A. Determination by Director· The director of the building and community development
department ("BCD") or his/her designee (hereinafter the "director") shall determine the proper
procedure for all development applications. If there is a question as to the appropriate type of
procedure, the director shall resolve it in favor of the higher procedure type number.
B. Optional Consolidated Permit Processing. An application that involves two or more
procedures may be processed collectively under the highest numbered procedure required for any
part of the application or processed individually under each of the procedures identified by the
code· The applicant may determine whether the application shall be processed collectively or
individually· If the application is processed under the individual procedure option, the highest
numbered type procedure must be processed prior to the subsequent lower numbered procedure.
C. Decision maker(s). Applications processed in accordance with subsection B of this section
which have the same highest numbered procedure 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 planning commission or hearing examiner, as applicable, and then the director· ·
hearings with other agencies shall be processed according to PTMC 20.01.050.
D. Administrator. Upon issuance of a determination of completeness described in PTMC
20.01.110, the director shall assign an administrator to the project who will coordinate and be
responsible for all phases of development application administration· At any stage during project
review the director may assign a different project administrator.
E. SEPA Review· Project review conducted pursuant to the State Environmental Policy Act
(SEPA), Chapter 43.21C RCW, shall occur concurrently with project review set forth in this
chapter. The SEPA review process, including all public comment procedures, is set forth in
Chapter 19.04 PTMC. Nothing contained in this chapter shall be construed to restrict the need for
full environmental review in accordance with Chapters 19·04 (SEPA) and 19.05 (Environmentally
5 Ordinance 2762
sensitive areas) PTMC. (Ord. 2651 § 2, 1998; Ord. 2592 § 1, 1997; Ord. 2521 § 1, 1996).
6 Ordinance 2762
20.01.040 Project permit application framework.
Table 1 - Permits/Decisions
Type I~ Type I-A Type II Type 111 Type IV Type V
Permitted uses not Binding site plans Short subdivisions Preliminary full Final plats Site-specific rezones
requiring notice of subdivisions; plat vacations 2 consistent with the
application (e.g., and alterations Port Townsend
building permits, Lot line Recognition/subdivision of comprehensive plan,
etc.) adjustments 10 or more lots of record including rezones
resulting in lot considered in
reorientation conjunction with the
annual
Plat & short plat comprehensive plan
extensions amendment ~rocess
Lot line C-II and mixed use Revisions to Shoreline management Final planned Development
adjustments zoning district design shoreline permits unit regulations
review decisions management developments
permits (PUDs)
Minor amendments Historic preservation PUDs and major
to planned unit certificates of amendments to PUDs
developments approval (design
(PUDs) review)
Minor Environmentally Major Variances Zoning text
modifications to sensitive area (ESA) amendments and
approved permits zoning map
preliminary short amendments
and full Major CUP's
subdivisions/plats
Sign permits Multiple family Minor Variances Annexations
development permits e;, ..... ;~, ........
cempre~ea~ve plan
Temporary uses Minor conditional
use permits (CUPs) All personal wireless service
facility permits and major
Street use permits Recognition/ variances described as Type Shoreline master
certification of 9 or All personal III permit applications in program (S~)
Land fewer lots of record wireless faciliW Chapter 17.78 PTMC amendments
clearin~grading permits and minor
Home occupations variances described
Shoreline as Type II permit Other land use and
exemptions applications in utili~ plans and
Chapter 17.78 amendments
Street development PTMC.
Permits
7 Ordinance 2 762
1. Assignment of a project to Type I and I-A status shall not limit or restrict the public notice and procedures available pursuant to RCW
43.21C (SEPA) and Chapter 19.04 PTMC if a project is deemed to be subject to SEPA review.
2. Site specific rezones consistent with the Port Townsend Comprehensive Plan are processed as a Type V application with a notice of
application and provided only one open record hearing before the planning commission and one closed record hearing before the city. council.
Certain i_~gislative decisions~ecific rezones~ct to rules ~-'udicial roceedin s.
Table 2 - Action Type
Procedure Project Permit Applications (Type I - IV) Legislative
Type I Type I-A Type II Type III-~ Type IV Type V
Notice of No No Yes Yes No N/A
Application:
m~-.; ...... ;~;^- N/A ?lanning conmfission,
Recommendation N/A N/A N/A
f ..... , e~ ~.~;.. except for utility
made by:
.~;~ ...... flans~4
BCD Director
,~;,~, r~ ..... ;~ f ..... · City City council
Final decision made Admin. BCD director BCD director ---.~v
~-~ ~-~; ...... ;-o~ council
by:
Feete, ete~ Hearing
examiner
Open record public No Only if director's Only if Yes, before p!avm;.ng No Xes, before planning
hearing: decision is director's ~,........oo..,..,;o~;"" ,~.. ~,.~...~.~,. :ommission to make
appealed (by decision is.~ ........., ..~..~. ...~.-,~*;^- _~. . *,-~ recommendation to
applicant only) appealed,--erie ~-J~;" ....... ~..~..a ~,~t.~, :ity council, except
......... -~ ~,,~-~;,- ~ fcr ~'~ ~. for utility plans, and
~aehag-~ mbt4c--h~4ng decqsietFo---see before city council for
~-; ...... ;-~ ~4e~qoa~n~ F, oete, ete~ before :ode & comp plan
.~r, amine~, hearing examiner revisions?
~ No No No Yes, closed record N/A N/A
appeat4fmat Yes, open record Yes, open before city council
deeisiem, before the hearing record before
Administrative examiner the hearing ex
appeal: examiner
Judicial appeal: Yes Yes Yes Yes Yes Yes, provided that all
~dministrative appeal
~emedies have been
~xhausted, including
~ppeals to the
Shoreline Hearings
Board, Growth
Management Hearings
Board, etc.
8 Ordinance 2 762
Footnote lg: Type V Land Use plans are subject to review and recommendation by the planning
commission. However, the following utility plans may be reviewed or considered by the planning
commission only upon referral by the city council to the planning commission of all or part of the
plans: wastewater (sewer) plans; stormwater plans; water system plans; and solid waste plans. The
city council shall conduct review and hold one or more open record public hearing(s) on all such
plans. At the time of consideration by the full city council, the public works committee may make a
recommendation to the city council regarding utility plans.
Footnote 25: The planning commission shall not hold public hearings regarding the utility plans
described herein~ unless the city council refers all or part of the plans to the planning commission.
The city council shall hold one or more open record public hearing(s) on all such plans.
Footnote 3: Site specific rezones consistent with the Port Townsend Comprehensive Plan are
processed as a Type V application with a notice of application and provided only one open record
hearing before the planning commission and one closed record hearing before the city council.
Certain legislative decisions, including site specific rezones, are subject to rules goveming quasi-
.judicial proceedings.
Summary of Decision Making
Type I - Administrative without notice; no administrative appeal.
Type I-A - Administrative without notice; administrative appeal by the applicant only;
appealable to the hearing examiner.
Type II - Administrative with notice, appealable by any aggrieved party to the hearing
examiner.
Typ III H i g E mi R i ~ ..... ~;~.~,; ..... · .... a ,^ ,u,. h~..-;.,,. ..... ~ ;-
e - earn xa ner evew ..... Pr ................................~ ........... ,
;flOll,~;..... 11..'1 .......; ..... J ; ...... ~ .......;*h ~Ta~ On m 045 ~otice and open record
public hearing before the hearing exminer. Hearing exminer ~ final makes ~e final
decision decision m"~er wi*&, subject to a right of first appeal held before city council.
Type IV- r~^o~a._~..~o.~.. ..... .~,~v...a --*,,----oh~"; .... ._..~ dDecision by city council during regular council
meeting.
9 Ordinance 2 762
Type V - Except for utility plans as described in this section, notice and public hearing before
planning commission, with planning commission recommendation to city council. City council also
provides notice and public hearing before making final legislative decision.
(See Article IV, PTMC 20.01.200 through 20.01.280 for detailed description of project
review and approval process.) (Ord. 2699 § 1, 1999; Ord. 2651 § 3, 1998; Ord. 2634 § 1,
1998; Ord. 2592, § 6, 1997; Ord. 2521 § 1, 1996).
20.01.045 Reserved
.~...; ...... ;~; .... ~k~ ~;~ ....... ;~ ~~ .. ~- ,~ec;s;o~%rs' ~/or
20.01.050 Joint public hearings (other public agency hearings).
A. Administrator's Decision to Hold Joint Hearing. The administrator 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: (1) the hearing
is held within the city limits; and (2) the requirements of subsection C below are met.
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
10 Ordinance 2 762
periods set forth in this Chapter 20.01 PTMC. In the alternative, the applicant may agree to a
particular schedule if additional time is needed in order to complete the hearings.
C. Prerequisite to Joint Public Hearing. A joint public hearing may be held with another local,
state, regional, federal or other agency and the city, as long as:
1. The other agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements as set forth in statute, ordinance, or rule; and
3. 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.
(Ord. 2521 § 1, 1996).
20.01.060 Legislative decisions.
A. Decision. The following decisions are legislative, and are not subject to the procedures in
this chapter, unless otherwise specified:
1. Zoning code text, development regulations and zoning district amendments;
2. Area-wide rezones to implement city policies contained within the Port Townsend
comprehensive plan and any amendments thereto;
3. Adoption of the Port Townsend comprehensive plan and any plan amendments;
4. Annexations;
5. Shoreline master program (SMP) amendments; and
6. All other master land use and utility plans and amendments thereto.
B. Except as otherwise provided in this chapter, the administrative procedures for the
legislative decisions specified in this section are set forth in Chapter 20.04 PTMC. (Ord. 2634 §
2, 1998; Ord. 2521 § 1, 1996).
20.01.070 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city to
make changes to the Port Townsend comprehensive plan as part of an annual revision process,
the city's development regulations, or to undertake any other legislative actions. (Ord. 2521 § 1,
1996).
20.01.080 Exemptions from project permit application processing.
A. Whenever a permit or approval in the Port Townsend Municipal Code has been designated
as a Type I, II, III or IV permit, the procedures in this title shall be followed in project permit
processing. The following permits or approvals are specifically excluded from the procedures set
forth in this title.
1. Landmark designations;
2. Street vacations;
3. Public works projects identified as planned actions in the Port Townsend comprehensive
plan or any amendments thereto. Planned actions are those public or private projects specifically
identified by city ordinance or resolution adopted after environmental review conducted in
conjunction with the adoption or annual amendment of the Port Townsend comprehensive plan.
B. Pursuant to RCW 36.70B. 140(2), Type I permits, including but not limited to building
permits, boundary line adjustments (not involving lot reorientation) or other construction
11 Ordinance 2762
permits, or similar administrative approvals categorically exempt from environmental review
under SEPA (Chapter 43.21C RCW and the city's SEPA/environmental policy ordinance,
Chapter 19.04 PTMC), or permits/approvals for which environmental review has been
completed in connection with other project permits shall be processed and permitted within 120
calendar days (subject to PTMC 20.01.110). However, Type I permits are not subject to other
requirements of this Chapter 20.01 PTMC, and are excluded from the following procedures as
defined in this section:
1. Determination or completeness;
2. Notice of application;
3. Except as provided in RCW 36.70B. 140, optional consolidated project permit review
processing;
4. Joint public hearings;
5. Single report stating that all of the decisions and recommendations made as of the date of
the report do not require an open public record hearing;
6. Notice of Decision. Unless the time deadlines are waived in writing by the applicant, the
Type I permit shall be processed within 120 calendar days after the applicant files complete
application, subject to the provisions of PTMC 20.01.110. (Ord. 2521 § 1, 1996).
Article II. Type I - IV Project Permit Applications
20.01.090 Preapplication conference.
A. Mandatory Conference. Applications for project permit Type I actions proposing
impervious surfaces equal to or exceeding 5,000 square feet and/or nonsingle-family structures
5,000 square feet or over, Type II and Type III actions shall not be accepted by the director
unless the applicant has scheduled and attended a preapplication conference. The purpose of the
preapplication conference is to acquaint the applicant with the requirements of the Port
Townsend Municipal Code and to allow the director to provide the applicant with preliminary
comments based upon the applicant's preliminary sketch of the proposal.
B. Scheduling. The conference shall be held within 15 calendar days of the request.
C. Conceptual Design Review. Not less than seven calendar days prior to the preapplication
conference, the applicant will submit to BCD a preliminary sketch or conceptual design which
illustrates the applicant's generalized ideas of the proposal. The sketch or conceptual design shall
include approximate lot lines, general topography of site, suggested vehicle access to the site,
and provision of utilities. Final drawings are discouraged at this preapplication stage.
Additionally, for the preapplication conference, the applicant shall identify all land uses on
adjacent properties and all platted and opened roads serving the site.
D. Information Provided to Applicant. At the conference or within seven calendar days
following the conference, the director shall provide the applicant with:
1. A form which lists the requirements for a completed application;
2. A general summary of the procedures to be used to process the application;
3. The references to the relevant code provisions or development standards which may apply
to the approval of the application; and
4. The city's historic preservation guidelines (if applicable).
E. Assurances Unavailable. It is impossible for the conference to be an exhaustive review of
12 Ordinance 2 762
all potential issues. The discussions at the conference or the forms provided by the city to the
applicant under PTMC 20.01.090(D) shall not bind or prohibit the city's future application or
enforcement of all applicable law and ordinances. No statements or assurances made by city
representatives shall in any way relieve the applicant of his or her duty to submit an application
consistent with all relevant requirements of city, state, and federal codes, laws, regulations and
land use plans.
F. Historic Preservation Committee (HPC) Meeting. If the director determines that the
application proposes a major project (as defined in Chapter 17.80 PTMC) involving historic
preservation issues, the director may require that the applicant attend a mandatory preapplication
public meeting with the HPC or a representative of the HPC. HPC review at this stage shall be
conceptual only, in order to help familiarize the applicant with the city's historic preservation
design guidelines.
G. Optional Conferences. Preapplication conferences for all other types of applications not
specified in this section are optional, and requests for conferences will be considered on a time-
available basis by the director.
H. Fee. The applicant shall pay the fee set forth in Chapter 20.09 PTMC for the preapplication
conference. (Ord. 2592 § 3, 1997; Ord. 2521 § 1, 1996).
20.01.100 Development permit application.
A. Applications for project permits shall be submitted upon forms provided by the director.
The applicant is encouraged to schedule a presubmittal conference with the director prior to
submittal of the application.
B. An application shall consist of all materials required by the applicable development
regulations, and shall include the following general information:
1. A completed project permit application form, including SEPA checklist submitted
pursuant to PTMC 19.04.100;
2. A verified statement by the applicant that the property affected by the application is in the
exclusive ownership of the applicant, or that the applicant has submitted the application with the
written consent of all owners of the affected property. A photocopy of the property deed shall be
provided;
3. A property and/or legal description of the site for all applications, as required by the
applicable development regulations; 4. The applicable fee;
5. A site plan, showing the location of all proposed lots and points of access and identifying
all easements, deeds, restrictions, or other encumbrances restricting the use of the property, if
applicable;
6. Assessor's maps and a list of tax parcels and their owners, with said owners names and
addresses placed on labels suitable for mailing in a sufficient number for the type of application
for all properties within 300 feet of the property and properties to which public notice must be
sent as provided in PTMC 19.04.220 (SEPA notice) for land use permits requiring a Type II, III
or IV decision; and
7. Any supplemental information or special studies identified by the director or project
administrator.
13 Ordinance 2 762
C. In addition to the requirements set forth in subsection A of this section, complete
application requirements for the following land use permits are set forth in the following sections
of the Port Townsend Municipal Code:
1. Clearing and grading permits, see Uniform Building Code, Appn. Ch. 33, Sections 3304
through 3318, "Excavation and Grading," adopted by PTMC 16.04.010;
2. Building permits, see Chapter 16.04 PTMC;
3. Binding site plans, see Chapter 18.20 PTMC;
4. Lot line adjustments, see Chapter 18.08 PTMC;
5. Preliminary plat, see Chapters 18.12 (Short subdivisions) and 18.16 (Full subdivisions)
and PTMC 18.20.020;
6. Subdivisions and recognition of lots of record, see Chapter 18.18 PTMC;
7. Planned unit developments (PUDs), see Chapter 17.32 PTMC;
8. Environmentally sensitive areas (ESA), see Chapter 19.05 PTMC;
9. Street development permits, see Chapter 12.04 PTMC;
10. Utility development permits, see Chapter 13.01 PTMC;
11. Multifamily residential development permits, see Chapter 17.36 PTMC;
12. Mixed use development permits, see Chapter 17.40 PTMC;
13. Home occupations, see Chapter 17.56 PTMC;
14. Temporary use permits, see Chapter 17.60 PTMC;
15. Sign permits, see Chapter 17.76 PTMC;
16. Wireless telecommunications standards, see Chapter 17.78 PTMC;
17. Conditional uses, see Chapter 17.84 PTMC;
18. Variances, see Chapter 17.86 PTMC.
D. The director may waive specific submittal requirements determined to be unnecessary for
review of an application. In such event, the director shall document the waiver in the project file
or project log. (Ord. 2592 § 4, 1997; Ord. 2521 § 1, 1996).
20.01.110 Submission and acceptance of application - Determination of completeness -
Additional information and project revisions.
A. Determination of Completeness. Within 28 calendar days after receiving a project permit
application, the city shall mail a determination to the applicant which states either: (1) that the
application is complete; or (2) that the application is incomplete and what is necessary to make
the application complete.
B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other
agencies with jurisdiction over the project permit application shall be identified in the city's
determination required by PTMC 20.01.110(A).
C. Incomplete Application Procedure.
1. If the applicant receives a determination from the city that an application is not complete
or that additional information is required, the applicant shall have 120 calendar days to submit
the necessary information to the city. Within 14 calendar days after an applicant has submitted
the requested additional information, the city shall make the determination as described in PTMC
20.01.110(A) 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 120-day period, the director shall make a
14 Ordinance 2 762
determination that the application has been abandoned and is therefore withdrawn, according to
the Type I procedure in PTMC 20.01.040.
3. In those situations where the director has deemed an application withdrawn because the
applicant has failed to submit the required information within the necessary time period, the
applicant will forfeit the application fee.
D. City's Failure to Provide a Determination of Completeness. A project permit application shall
be deemed complete under this section if the city does not provide a written determination to the
applicant that the application is incomplete as provided in PTMC 20.01.110(A). Notwithstanding a
failure to provide a determination of completeness, the city may request additional information as
provided in PTMC 20.01.110(F).
E. Date of Acceptance of Application. When the project permit application is determined to be
complete, the director shall accept it and note the date of acceptance. Upon providing a
determination of completeness, the director shall assign the project to an administrator.
F. Additional Information. A project permit application is complete for purposes of this section
when it meets the submission requirements in PTMC 20.01.100, as well as the submission
requirements contained in the applicable development regulations. This determination of
completeness shall be made when the application is sufficient for continued processing even
though additional information may be required or project modifications may be undertaken after
submittal. The city's determination of completeness shall not preclude the city from requiring
additional information, that the applicant correct plans or perform studies at any time if new
information is required for project review, or if there are substantial changes in the proposed action.
1. Pursuant to RCW 36.70B.090(1) (a)(i), any period during which the city has requested the
applicant to correct plans, perform required studies, or provide additional information shall be
excluded from the time period provided in this chapter.
2. The time period for requiring additional information shall be calculated from the date the
city notifies the applicant of the need for additional information until the earlier of: (a) the date the
city determines whether the information satisfies the request for information; or (b) 14 calendar
days after the date the information has been provided to the City.
G. Effect of Project Permit Application Revisions - Substantial Revisions. If, in the judgment of
the director, the content of an application is so substantially revised by an applicant, either
voluntarily or to conform with applicable standards and requirements, that such revised proposal
constitutes a substantially different proposal than that originally submitted, the director shall deem
the revised proposal to be a new application.
1. In reaching a decision whether a revision is substantial, the director shall consider the
relative and absolute magnitude of the revision, the environmental sensitivity of the site, any
changes in location of significant elements of the project and their relation to public facilities,
surrounding lands and land uses and the stage of review of the proposal.
2. Lesser revisions that would not constitute substantial revisions during early stages of review
may be substantial during later stages due to the reduced time and opportunity remaining for
interested parties to review and comment upon such changes.
3. Written notice of such determination of substantial revision shall be provided to the
applicant and all parties of record, including the reasons for the director's decision.
4. A determination that any revision is substantial shall result in the time periods mandated by
the Regulatory Reform Act, Chapter 36.70B RCW, set forth in this chapter starting from the date at
15 Ordinance 2 762
which the revised project application is determined to be complete. The revised project application
shall be subject to all laws, regulations, and standards in effect on the date of the determination of
completeness of the substantial revision.
5. If the revision has a bearing upon or affects HPC review, the director shall refer the
application to HPC for additional mandatory public meeting(s) as necessary. (Ord. 2521 § 1, 1996).
20.01.120 Referral and review of development permit applications.
Upon acceptance of a complete application, the director 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 agencies responsible for
determining compliance with state and federal requirements. The affected agencies and city
departments shall have 10 calendar days to comment. The director may grant an extension of time
if needed.
B. Environmental Review. Developments and planned actions subject to the State
Environmental Policy Act (SEPA), Chapter 43.21C RCW, shall be reviewed in accordance with
the policies and procedures contained in Chapter 19.04 PTMC. SEPA review shall be conducted
concurrently with development project review. The following are exempt from concurrent review:
1. Projects categorically exempt from SEPA; and
2. Components of planned actions previously reviewed and approved in the Port Townsend
comprehensive plan or amendments thereto to the extent permitted by law and consistent with the
SEPA environmental determination for the planned action.
C. Historic Preservation Committee (HPC) Review. For those actions subject to design review
pursuant to Chapter 17.80 PTMC, the director shall refer the application to HPC. Pursuant to
Chapter 17.80 PTMC, HPC shall hold one or more public meeting(s) as necessary to consider the
application. HPC review shall be completed within 45 calendar days after the issuance of the
determination of completeness. HPC recommendations shall be based upon design guidelines
formally adopted by the city council and shall be included in the staff report and recommendation
transmitted to the hearings body pursuant to PTMC 20.01.220. For Type I administrative permits,
BCD shall review HPC recommendations and shall incorporate those recommendations as permit
conditions and requirements, so long as the recommendations are based upon formally adopted
design guidelines or are based upon a voluntary agreement of the applicant.
D. Ifa Type III procedure is required, BCD shall provide for notice and hearing as set forth in
PTMC 20.01.150 through 20.01.190. (Ord. 2592 § 5, 1997; Ord. 2521 § 1, 1996).
20.01.130 Scope of project review.
A. Fundamental land use planning choices made in adopted comprehensive and sub area plans
and development regulations shall serve as the foundation for project review. The review of a
proposed project's consistency with applicable development regulations, or in the absence of
applicable regulations the adopted Port Townsend comprehensive plan or sub area plan(s), under
PTMC 20.01.140 shall incorporate the determinations under this section.
B. During project review, the director or any subsequent reviewing body shall determine
whether the items listed in this subsection are defined in the development regulations applicable to
the proposed project or, in the absence of applicable regulations, the adopted Port Townsend
comprehensive plan or sub area.plan(s). At a minimum, such applicable regulations or plans shall
16 Ordinance 2 762
be determinative of the:
1. Type of land use permitted at the site, including uses that may be allowed under certain
circumstances, such as planned unit developments and conditional and special uses, if the criteria
for their approval have been satisfied;
2. Density of residential development in urban growth areas; and
3. Availability and adequacy of public facilities identified in the Port Townsend
comprehensive plan, if the plan or development regulations provide for funding of these facilities.
C. During project review, the director shall not re-examine alternatives to or hear appeals on the
items identified in subsection B of this section.
D. The director may determine that the requirements for environmental analysis and mitigation
measures in development regulations and other applicable laws provide adequate mitigation for
some or all of the project's specific probable significant adverse environmental impacts to which
the requirements apply. In making this determination, the director shall:
1. Determine if the applicable regulations require measures that are sufficient to adequately
address site-specific, probable significant adverse environmental impacts identified through project
application review; and
2. Determine whether additional studies are required and/or whether the project permit
application should be conditioned with additional mitigation measures.
E. Nothing in this section limits the authority of the city to approve, condition, or deny project
as provided in its development regulations adopted under Chapter 36.70A RCW and in its policies
and criteria adopted under RCW 43.21 C.060, including project.review under Chapters 19.04
(SEPA) and 19.05 (Environmentally sensitive areas) PTMC. (Ord. 2521 § 1, 1996).
20.01.140 Project consistency.
A. A proposed project's consistency with development regulations adopted under Chapter
36.70A RCW (the GMA) or, in the absence of applicable development regulations, the appropriate
elements of the Port Townsend comprehensive plan or sub area plan adopted under Chapter 36.70A
RCW shall be determined by consideration of: 1. The type or land use;
2. The level of development, such as units per acre or other measures of density;
3. Infrastructure, including public facilities and services needed to serve the development; and
4. The character of the development, such as development standards.
B. In determining consistency, the determinations made pursuant to PTMC 20.01.130 shall be
controlling.
C. For purposes of this section, the term "consistency" shall include all terms used in this
chapter and Chapter 36.70A RCW to refer to performance in accordance with this chapter and
Chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.
D. Nothing in this section requires documentation, dictates procedures for considering
consistency, or limits the director from asking more specific or related questions with respect to
any of the four main categories listed in subsection (A)(1) through (4) of this section. (Ord. 2521 §
1, 1996).
17 Ordinance 2 762
Article III. Public Notice
20.01.150 Notice of application.
A. Time of Issuance. Within 14 calendar days of issuing the determination of completeness,
BCD shall issue a notice of application on all Type II and Type III project permit applications. If an
open record pre-decision public hearing is required or requested, the notice of application shall be
issued at least 30 calendar days prior to the hearing.
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. A notice of application shall be required for Type II projects,
regardless of whether such projects are exempt from SEPA review.
C. The notice of application shall be posted on the subject property and published once in a
newspaper of general circulation. The notice of application shall be issued prior to and is not a
substitute for the required notice of a public hearing.
D. Contents. The notice of application shall include: 1. The name of the applicant;
2. The date of application, the date of the determination of completeness for the application
and the date of the notice of application;
3. The street address location of the project or, if unavailable, the location in reference to
roadway intersections;
4. A description of the proposed project action and a list of the project permits included in the
application and, if applicable, a list of any studies requested under PTMC 20.01.110;
5. The identification of other permits required by other agencies with jurisdiction not included
in the application, to the extent known by the city;
6. 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;
7. The name of the city staff contact and telephone number;
8. A statement of the limits of the public comment period, which shall be 20 calendar days
following the date of notice of application (or 30 calendar days if the application involves a
shoreline master program permit), and statements of the right of any person to comment on the
application, receive notice of and participate in any hearings, request copy of the decision once
made, and any appeal rights;
9. The date, time, place and type of hearing, if applicable, and scheduled prior of issuance of
the notice of application;
10. A statement of the preliminary determination of consistency with applicable development
regulations and the Port Townsend comprehensive plan, if one has been made at the time of notice,
and of those development regulations that will be used for project mitigation and determination of
consistency as provided in RCW 36.70B.040 and PTMC 20.01.140;
11. Any other information determined appropriate by the city, such as the city's pending
SEPA threshold determination or a statement advising that a final environmental determination
shall be made following a comment period;
12. If a local government has made a determination of significance under Chapter 43.21C
RCW concurrently with the notice of application, the notice of application shall be combined with
18 Ordinance 2 762
the determination of significance and scoping notice. Nothing in this section prevents a
determination of significance and scoping notice from being issued prior to the notice of
application;
13. A statement that the final decision on the application will be made within 120 days from
the date of the determination of completeness; and
E. Public Comment on the Notice of Application. All public comments on the notice of
application must be received in the BCD department by 4:00 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. Public comments may be provided at any time up to and during the public
hearing. However, the city cannot ensure that comments provided after the comment period on the
notice of application will be considered and addressed in Type II project review or in staff reports
on Type III projects. The SEPA threshold determination shall not be issued until after the
expiration of the comment period following the notice of application. Regardless of the expiration
of the notice of application comment period, any interested party may comment upon the SEPA
threshold determination pursuant to Chapter 19.04 PTMC. (Ord. 2521 § 1, 1996).
20.01.160 Methods of public notice of application.
A. The city shall provide the public notice of application for a project permit by posting the
property and by publication in the city's official newspaper, as provided in this section.
1. Posting. Posting of the property for site-specific proposals shall consist of one or more
notice boards posted by the applicant or the applicant's representative as follows:
a. A single notice board shall be placed by the applicant:
i. At the midpoint of the site street frontage or as otherwise directed by the city for
maximum visibility; and
ii. Where it is completely visible to pedestrians and vehicle traffic.
b. Additional notice boards may be required when:
i. The site does not abut a public road;
ii. A large site abuts more than one public road; or
iii. The director determines that additional notice boards are necessary to provide
adequate public notice.
c. Notice boards shall be:
i. Maintained in good condition by the applicant during the notice period;
ii. In place at least 30 calendar days prior to the date of hearing or decision; and
iii. Removed by the applicant within 15 calendar days after the end of the notice period.
d. An affidavit of posting shall be submitted to the director by the applicant prior to the
hearing or final comment date. If the affidavit is not filed as required, any scheduled hearing or
date by which the public may comment on the application will be postponed in order to allow
compliance with this notice requirement.
e. Notice boards shall be constructed and installed in accordance with specifications
promulgated by BCD.
2. Published Notice. Published notice shall include at least the project's street address or
location, project description, type of permit(s) required, comment period dates, and location where
the complete application may be reviewed in the city's official newspaper of general circulation.
3. BCD shall maintain for public review a list of pending projects (public inspection files),
19 Ordinance 2 762
including project status. However, the failure by BCD to maintain and update he project status list
shall not be grounds for invalidation of any permit decision. (Ord. 2521 § 1, 1996).
20.01.170 Shoreline master program (SMP) permits.
SMP permits require notice as provided in PTMC 20.01.150 through 20.01.160 (posting and
publication) and additional mailing of the notice as provided herein.
A. Mailing. The notice of application shall be mailed to the latest recorded real property owners
as shown by the records of the county assessor within at least 300 feet of the boundary of the
property upon which the development is proposed.
B. Content of SMP Notice. Except as provided in subsection C of this section, the content of
SMP notices shall be identical to the notice set forth in PTMC 20.01.150 and 20.01.160.
C. SMP Comment Period. The public may provide comments for 30 calendar tdays after the
notice of publication date. (SMP notice is 10 calendar days longer than the comment period for
other Type II and Type III permits as required by RCW 90.58.140.) A notice of application for a
shoreline substantial development permit shall notify the public of the 30-day comment period.
(Ord. 2521 § 1, 1996).
20.01.180 Optional additional public notice.
A. As optional methods of providing public notice of any project permits, the city may:
1. Notify the public or private groups with known interest in a certain proposal or in the type
off, proposal being considered;
2. Notify the news media;
3. Place notices in appropriate regional or neighborhood newspapers or trade journals;
4. Publish notice in agency newsletters or send notice to agency mailing lists, either general
lists or lists for specific proposals or subject areas;
5. Mail to neighboring property owners; and
6. Place notices on the Intemet.
B. The city's failure to provide the optional notice as described in this subsection shall not be
grounds or invalidation of any permit decision. (Ord. 2521 § 1, 1996).
20.01.190 Notice of public hearing.
A. Content of 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 and address of the applicant or the applicant's representative;
2. Description of the affected property, including the street address (if any) and either a
vicinity location (including roadway intersections) or written description, other than a legal
description, reasonably sufficient to inform the public of the location; 3. The date, time and place of the hearing;
4. A description of the nature of the proposed use or development;
5. A statement that all interested persons may appear at the hearing and provide oral or written
comments or testimony;
6. Where information may be examined, and when and how written comments addressing
findings required for a decision by the hearing body may be submitted;
20 Ordinance 2762
7. The name of the city staff contact or representative and the telephone number where
additional information may be obtained;
8. That a copy of the application and staff report, and all documents and evidence relied upon
by the applicant and applicable criteria are available for inspection at BCD at no cost.
B. Mailed Notice. Mailed notice of the public heating shall be provided as follows:
1. Type I, Type II, and Type IV Actions. No mailed public notice is required because no
public hearing is held, except on an appeal of a Type II action.
2. Type III Actions. The notice of public hearing shall be mailed to:
a. The applicant;
b. All owners of property within 300 feet of any portion of the subject property; and
c. Any person who submits written comments on an application.
3. Type III Preliminary Plat Actions. In addition to the notice for Type III actions above,
additional notice for preliminary plats and proposed subdivisions shall be provided as follows:
a. Notice of the filing of a preliminary plat application of a proposed subdivision located
adjoining the city's municipal boundaries shall be given to the appropriate county officials;
b. Notice of the filing of a preliminary plat application of a proposed subdivision located
adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or
municipal airport shall be given to the Washington State Secretary of Transportation, who must
respond within 15 calendar days of such notice;
c. Special notice 0fthe hearing shall be given to adjacent landowners by any other
reasonable method the city deems necessary. Adjacent landowners are the owners of real property,
as shown by the records of the county assessor, located within 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, mailed notice under RCW 58.17.090(1)(b) and this section shall be
given to owners of real property located within 300feet of any portion of the boundaries of such
adjacently located parcels of real property owned by the owner of the real property proposed to be
subdivided.
4. Type V Actions. For Type V legislative actions, the city shall publish notice as described in
Chapter 20.04 PTMC, and all other notice required by city code and RCW 35.23.221.
5. General Procedure for Mailed Notice of Public Hearing.
a. The records of the Jefferson County assessor's office or an adjacent property ownership
list prepared by a licensed title company shall be used for determining the property owner(s) of
record. The applicant shall provide the list of property owner(s) of record to BCD. Addresses for a
mailed notice required by this chapter shall be obtained from the county's real property tax records.
The director shall issue a sworn certificate affirming mailing of notice to all persons entitled to
notice under this chapter. The director may provide notice to other persons than those required to
receive notice under this chapter.
b. 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.
C. Procedure for Posted or Published Notice of Public Hearing.
1. Posted notice of the public hearing is required for all Type III project permit applications.
The posted notice shall be posted as required by PTMC 20.01.160(A)(1).
21 Ordinance 2 762
2. Published notice is required for all Type II procedures involving an open record public ·
hearing, Type III, and Type V procedures. The published notice shall be published in the city's
official newspaper. Published notice is not required for cloSed record public hearings before the
city council, as no new testimony or evidence is allowed at such hearings. Mailed notice of the
closed record public hearing shall be provided for all parties of record.
D. Time and Cost of Notice of Public Hearing.
1. Notice of a public hearing shall be mailed, posted and. first published not less than 10 nor
more than 45 calendar days prior to the hearing date. Any poSted notice shall be removed by the
applicant within 15 calendar days following the public hearing.
2. All costs associated with the public notice shall be borne by the applicant. (Ord. 2592 § 6,
1997; Ord. 2521 § 1, 1996).
Article IV. Project Review and Approval Process
20.01.200 Administrative approvals without notice (Type I).
A. The director may approve, approve with conditions, or deny (with or without prejudice) all
Type I permit applications without notice.
B. The director's decisions under this section shall be final on the date issued. (Ord. 2521 § 1,
1996).
20.01.210 Administrative approvals subject to notice (Type II).
A. The director may grant approval, preliminary approval, or approval with conditions, or may
deny (with or without prejudice) all Type II permit applications, subject to the notice and appeal
requirements of this section. The director shall issue written findings and conclusions supporting
Type II decisions.
B. Final Administrative Approvals. Administrative decisions under this section shall become
final subject to the following:
1. An applicant or other party of record who may be aggrieved by the administrative decision
may appeal the decision to the city's hearing examiner; provided, that a written appeal in
conformance with Chapter 1.14 PTMC is filed within 14 calendar days after the notice of the
decision, or within 21 calendar days if a SEPA determination of nonsignificance is issued
concurrently with and as part of the permit decision. Ail appeals to the hearing examiner shall be
processed in accordance with Chapter 1.14 PTMC.
2. If no appeal is submitted, the preliminary approval becomes final at the expiration of the
notice period.
3. If a written notice of appeal is received within the specified time the matter will be referred
to the hearing examiner for a public hearing. The decision of the hearing examiner shall be the final
city decision.
4. Pursuant to PTMC 19.04.280, SEPA determinations of significance (DS) shall not be
appealable. (Ord. 2592 § 7, 1997; Ord. 2521 § 1, 1996).
22 Ordinance 2 762
action summ~izing the com~ments emd ........ -~*;~'"o of c;.ty dep~ments, the historic
20.01.230 City council action.
A. Actions. Upon receiving a recommendation from the planning commission, an appeal of a
hearing examiner's decision or notice of any other matter requiring the council's attention, the
council shall perform the following actions as appropriate:
1. Hold a closed record public hearing and make a decision on a planning commission
recommendation, including consideration of any appeals of the planning commission
recommendation.
2. Hold a closed record public hearing and make a decision on an appeal of a hearing
examiner's decision.
3__. At the council's discretion, hold a public hearing and make a decision on the following
matters:
a. Appeal of administrative interpretations.
b. Other matters not prohibited by law.
34. Make a decision after reviewing Type IV actions.
23 Ordinance 2 762
B. Decisions. The city council shall make its decision by motion, resolution, or ordinance as
appropriate. In its decision regarding appeals of hearing examiner decisions q""o- a t-~ ~'TTT -w.v--o,°'*~""° the
city council shall adopt written findings and conclusions (either those reccmmended rendered by
the -'~""~ ...... ;oo~,-,, h~i,~o examiner or findings and conclusions prepared by the council).
1. A city council decision on a planning commission recommendation or on an appeal of a
hearing examiner decision following a closed record public hearing shall include one of the
following actions:
a. Approve as recommended;
b. Approve with additional conditions;
c. Modify, with or without the applicant's concurrence; provided, that the modifications do
not:
i. Enlarge the area or scope of the project,
ii. Increase the density or proposed building size, or
iii. Significantly increase adverse environmental impacts as determined by the responsible
official;
d. Deny without prejudice (reapplication Or resubmittal is permitted);
e. DenY with prejudice (reapplication or resubmittal is not allowed for one year); or
f. Remand for further proceedings and/or evidentiary hearing in accordance with PTMC
20.01.270.
2. A council decision following a closed record appeal hearing shall include one of the
following actions:
a. Grant the appeal in whole or in part;
b. Deny the appeal in whole or in part;
c. Remand for further proceedings and/or evidentiary hearing in accordance with PTMC
20.01.270. (Ord. 2592 § 8, 1997; Ord. 2521 § 1, 1996).
20.01.235 Hearing examiner review and decision (Type III, PTMC 20.01.0n. 5)
he~ng exminer shall review ~d m~e findings, conclusions ~d issue final decisions on all Type
III pe~it applications refe~ed te the examiner.
B. Staff RepoR. The administrator shall prep~e a staff repo~ on the proposed development or
action smm~izing the co~ents ~d reco~endations of city depa~ments, the historic
prese~ation co~ittee (HPC), affected agencies and special districts, ~d evaluming the
development's consistency Mth the city's development code, adopted plus ~d regulations. If
requested by the examiner, the staff repoR shall include proposed findings, conclusions ~d
reco~endations for disposition of the development application. The staff repo~ shall include ~d
consider all ~iRen public comments on the application.
C. He~ing Exminer He~ing. The hearing exminer shall conduct a public he~ing on Type III
development proposals refe~ed tv tb~e examiner for the p~ose of t~ing testimony, he~ng
evidence, considering the facts germane to the proposal, ~d evaluating the proposal for
consistency with the city's development code, adopted plans ~d regulations. Notice of the he~ing
exminer he~ing shall be in accord~ce with PTMC 20.01.190. All appeals of administrative
project pe~it decisions, including appeals of SEPA t~eshold dete~inmions made pursuit to
Chapter 19.04 PTMC (other th~ determinations of signific~ce), shall be considered together with
24 Ordinance 2 762
the decision on the project application in a single, consolidated public hearing.
D. Required Findings. In addition to the approval criteria listed in PTMC Title 17, the hearing
examiner shall not approve a proposed development unless the examiner first makes the following
findings and conclusions:
1. The development is consistent with the Port Townsend comprehensive plan and meets the
requirements and intent of the Port Townsend Municipal Code;
2. The development is not detrimental to the public health, safety and welfare;
3. The development adequately mitigates impacts identified under Chapters 19.04 (SEPA) and
19.05 (Environmentally sensitive areas) PTMC; and
4. For subdivision applications, findings and conclusions shall be issued in conformance with
PTMC Title 18 and RCW 58.17.110.
E. Final Decision. In the examiner's decision regarding Type III actions, the hearing examiner
shall adopt written findings and conclusions.
1. The hearing examiner's decision following closure of an open record public hearing shall
include one of the following actions:
a. Approve;
b. Approve with conditions;
c. Deny without prejudice (reapplication or resubmittal is permitted);
d. Deny with prejudice (reapplication or resubmittal is not allowed for one year); or
e. Remand for further proceedings in accordance with PTMC 20.01.270.
2. A hearing examiner's decision following an open record public appeal hearing
(consolidated with the hearing regarding the application) shall include one of the following actions:
a. Grant the appeal in whole or in part;
b. Deny the appeal in whole or in part;
c. Remand for further proceedings in accordance with PTMC 20.01.270:
3. The hearing examiner's decision shall be issued within 10 working days from the date the
examiner closes the public hearing record, unless a longer period is mutually agreed to in writing
by an applicant and the hearing examiner. The decision shall be a final decision, appealable in
accordance with PTMC 20.01.320 300 & .310. (Ord. 2651 § 6, 1998).
20.01.240 Procedures for public hearings.
Public hearings shall be conducted in accordance with the hearing body's rules of procedure and
shall serve to create or supplement an evidentiary record upon which the body will base its
decision. Questions directed to the staff or the applicant shall be posed by the chair at its discretion.
In cases where scientific standards and criteria affecting project approval are at issue, the chair
shall allow orderly cross-examination of expert witnesses presenting reports and/or scientific data
and opinions. The hearing body may address questions to any party who testifies at a public
hearing. The chair shall open the public hearing and, in general, observe the following sequence of
'events:
A. Staff presentation, including submittal of any administrative reports. Members of the hearing
body may ask questions of the staff.
B. Applicant presentation, including submittal of any materials. Members of the hearing body
may ask questions of the applicant.
C. Testimony or comments by the public germane to the matter.
25 Ordinance 2 762
D. Rebuttal, response or clarifying statements by the staff and the applicant.
E. The evidentiary portion of the public heating shall be closed and the hearing body shall
deliberate on the matter before it. (Ord. 2521 § 1, 1996).
20.01.250 Procedures for closed record hearings and appeals.
Closed record hearings on planning commission recommendations and appeals as well as appeals
of hearing examiner decisions shall be conducted in accordance with the city council's rules of
procedure and shall serve to provide argument and guidance for the body's decision. Closed record
hearings shall be conducted generally as provided for other public hearings. Except as provided in
PTMC 20.01.270, no new evidence or testimony shall be given or received. The parties to an
appeal of a planning commission recommendation or hearing examiner decision may submit timely
written statements or arguments. (Ord. 2521 § 1, 1996).
20.01.260 Reconsideration.
A party of record at a public hearing or closed record appeal may seek reconsideration only of a
final decision by filing a written request for reconsideration with the director within five calendar
days of the oral announcement of the final decision. The request shall comply with PTMC
20.01.310(B). The council or hearing body shall consider the request at its next regularly scheduled
meeting, without public comment or argument by the party filing the request. If the request is
denied, the previous action shall become final. If the request is granted, the council or hearing body
may immediately revise and reissue its decision or may call for argument in accordance with the
procedures for closed record appeals. Reconsideration should be granted only when an obvious
legal error has occurred or a material factual issue has been overlooked that would change the
previous decision. (Ord. 2521 § 1, 1996).
20.01.270 Remand.
In the event the city council determines that the public hearing record, the record on appeal as
applicable, are insufficient or otherwise flawed, the council may remand the matter back to the
hearing examiner, planning commission or director, as applicable, to correct the deficiencies. The
council shall specify the items or issues to be considered and the time frame for completing the
additional work. The council may hold an open record public hearing on an appeal of a planning
commission recommendation only for the limited purposes identified in RCW 34.05.562(1)
(involving allegations challenging the legal validity of the planning commission proceedings). In
f Typ '
appeals o e II ~;o; ..... ,~ ;,, ,,n o,,,,~;~o+; ..... c,,,,~a +,, +h ......... pursuant to r~T,,~t-
29.9 ! .O~. 5, the hearing examiner may remand the director's recommendation or decision to the
director to correct any deficiencies. (Ord. 2651 § 7, 1998; Ord. 2592 § 9, 1997; Ord. 2521 § 1,
1996).
20.01.280 Final decision - Exclusions to 120-day deadline.
A. Time. The final decision on a development proposal shall be made within 120 calendar days
from the date of the determination of completeness. In determining the number of calendar days
that have elapsed after the determination of completeness, the following periods shall be excluded:
1. Any time needed to amend the Port Townsend comprehensive plan or development
regulations.
26 Ordinance 2762
2. Pursuant to PTMC 20.01.110(F), any time required to correct plans, perform studies or
provide additional information; provided, that within 14 calendar days of receiving the requested
additional information, the director shall determine whether the information is adequate to resume
the project review.
3. Pursuant to PTMC 20.01.110(G), substantial project revision(s) made or requested by an
applicant, in which case the 120 calendar days will be calculated from the time that the city
determines the revised application to be complete and issues a new determination of completeness
in accordance with PTMC 20.01.110(A).
4. All time required for the preparation and review of an environmental impact statement. As
provided in Chapter 19.04 PTMC, a draft environmental impact statement (DEIS) shall be
completed within 365 days after the issuance of the determination of significance (DS). Additional
time may be allowed, with the written concurrence of the applicant.
5. Any time needed to process an application for projects involving the siting of an eSsential
public facility.
6. An extension of time mutually agreed upon by the city and the applicant.
7. Any remand to the planning commission, hearing examiner or director.
B. Effective Date. The final decision of the council or hearing body shall be effective on the date
stated in the decision, motion, resolution, or ordinance; provided, that the appeal periods shall be
calculated from the date of issuance of the land use decision, as provided in the Land Use Petition
Act, Chapter 36.70C RCW. For the purposes of this chapter, the date on which a land use decision
is issued is:
1. Three days after a written decision is mailed by the city or, if not mailed, the date on which
the city provides notice that a written decision is publicly available;
2. If the land use decision is made by ordinance or resolution by the city council sitting in a
quasi-judicial capacity, the date the city council passes the ordinance or resolution; or
3. If neither (1) nor (2) of this subsection applies, the date the decision is entered into the
public record.
C. Notice of Decision. Upon issuance of the final decision, BCD shall mail or hand deliver a
copy of the final decision to the applicant, any persons who have filed a written request for a copy
of the decision, and to all persons who submitted substantive written comments on the application.
The notice of decision shall include a statement of the threshold determination made under Chapter
19.04 PTMC and the procedures for an appeal (if any) of the permit decision or recommendation.
D. Notice of Delayed Decision. If the city is unable to issue its final decision within the time
limits provided in this Chapter 20.01 PTMC, the city will provide written notice of this fact to the
applicant. The notice shall contain a statement of reasons why the time limits have not been met
and an estimated date for issuance of the final decision.
E. Post-Decision HPC Review. In the event the permit is conditioned based upon formally
adopted design guidelines, HPC shall review the final design details or design plans for consistency
with HPC guidelines and project conditions. (Ord. 2521 § 1, 1996).
Article V. Appeals
20.01.290 Appeal of administrative interpretations and approvals (Type I & II).
Administrative interpretations may be appealed, by applicants or parties of record, to the city
27 Ordinance 2762
council. Administrative Type II decisions may be appealed to the hearing examiner in accordance
with Chapter 1.14 PTMC. Type I approvals may not be appealed to city council. (Ord. 2592 § 10,
1997; Ord. 2521 § 1, 1996).
20.01.300 Appeal of planning commission recommendations (Type V) and hearing
examiner decisions (Type III) - Standing to appeal.
Recommendations of the planning commission and hearing examiner decisions may be appealed
by parties of record from the p!~-.ing ce~missien open record hearing to the city council. "Parties
of record" include: the land use permit applicant; persons who have testified at the open record
hearing; and any persons who have submitted written comments concerning the application that
forms part of the public record that is considered at the open record hearing (excluding persons
who only signed petitions or mechanically produced form letters). (Ord. 2521 § 1, 1996).
20.01.310 Appeals - Procedure.
A. Filing. Every appeal of an administrative decision, as well as recommendations of the
planning commission and hearing examiner decisions, shall be filed with the director within 14
calendar days after the date of the recommendation or decision of the matter being appealed;
provided, however, appeals of Type II decisions shall be filed within the time periods set forth in
PTMC 20.01.210 (14 calendar days) and SEPA appeals shall be filed in accordance with PTMC
19.04.280 (21 calendar days). A notice of appeal shall be delivered to BCD by mail or personal
delivery, and must be received by 4:00 p.m. on the last business day of the appeal period, with the
required appeal fee.
B. Contents. The notice of appeal shall contain a concise statement identifying: 1. The decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the matter;
3. The specific reasons why the appellant believes the decision to be wrong. The appellant
shall bear the burden of proving the decision was wrong;
4. The desired outcome or changes to the decision; and
5. The appeal fee. All requests for reconsideration filed pursuant to PTMC 20.01.260 shall
contain all information required in this section.
C. Any notice of appeal not in full compliance with this section shall not be considered. (Ord.
2592 § 11, 1997; Ord. 2521 § 1, 1996).
20.01.320 Judicial appeal.
A. Appeals from the final decision of the city council nd he~ing exmminer and appeals from
any other final decisions specifically authorized (subject to timely exhaustion of all administrative
remedies) shall be made to Jefferson County superior court within 21 calendar days of the date the
decision or action became final, as defined in PTMC 20.01.280(B), unless another time period is
established by state law or local ordinance. All appeals must conform with procedures set forth in
Chapter 36.70C RCW.
B. Notice of the appeal and any other pleadings required to be filed with the court shall be
served on the city clerk, and all persons identified in RCW 36.70C.040, within the applicable time
period. This requirement is jurisdictional.
C. The cost of transcribing and preparing all records ordered certified by the court or desired by
28 Ordinance 2 762
the appellant for such appeal shall be bome by the appellant. Prior to the preparation of any
records, the appellant shall post with the city clerk an advance fee deposit in the amount specified
by the city clerk. Any overage will be promptly returned to the appellant. (Ord. 2592 § 12, 1997;
Ord. 2521 § 1, 1996).
20.01.330 Effective date - Severability.
A. Effective Date. This Chapter 20.01 PTMC shall be effective on June 1, 1996; provided,
however, all complete land development applications meeting all requirements of the Port
Townsend Municipal Code filed on or after April 1, 1996, shall be subject to the requirement of a
single, consolidated open record public hearing, including the requirements set forth in PTMC
20.01.200 through 20.01.320.
B. Conflict with Other Procedures. In the event of a conflict in project application and/or public
hearing procedures found elsewhere in the Port Townsend Municipal Code or found in the Port
Townsend shoreline master program, and the requirements of this Chapter 20.01 PTMC, the
requirements and procedures set forth in this Chapter 20.01 PTMC shall prevail.
C. Severability. If any clause, sentence, paragraph, section or part of this Chapter 20.01 PTMC
or its application to any person or circumstance is held to be invalid or unconstitutional by a court
of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of
the remainder of any part of this Chapter 20.01 PTMC. To this end, the provisions of each clause,
sentence, paragraph, section or part of this law are declared severable. (Ord. 2651 § 8, 1998; Ord.
2521 § 1, 1996).
SECTION 2. A new subsection (8) to Section 20.09.020.B, Building, land use and
development fees is hereby created to read as follows:
20.09.020.B Type II Applications (See PTMC20.01.040)
8. Preliminary Plat and Short Plat time extensions: $150, plus $50 per hour for staff time in
excess of 10 hours.
SECTION 3. Transmittal to Washington State Office of Community Development.
The City Clerk shall transmit a copy of this Ordinance to the Washington State Office of Community
Development within 10 days of adoption of this ordinance.
SECTION 4. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
SECTION 5. Effective Date. This Ordinance shall take effect and be in force five days
after the date of its publication in the manner provided by law.
29 Ordinance 2 762
ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this second day of April, 2001.
ff~M~[. Miyor
Attest:
Approved as to Form:
Pamela Kolacy, City Clerk
John Watts, City Attorney
30 Ordinance 2 762