HomeMy WebLinkAbout2521 Administrative Procedures for Land Use and Zoning Permit Applications
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Ordinance No.-f'S-.:.z I
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, RELATING TO
LAND USE AND ZONING, ADOPTING A NEW CHAPTER 20.01 PTMC,
ESTABLISHING NEW ADMINISTRATIVE PROCEDURES FOR PROCESSING
PROJECT PERMIT APPLICATIONS, AS REQUIRED BY THE REGULATORY
REFORM ACT, CHAPTER 36.70B RCW; DESCRIBING GENERAL
REQUIREMENTS FOR A COMPLETE APPLICATION; ALLOWING FOR
OPTIONAL CONSOLIDATED PERMIT PROCESSING; DESCRIBING THE
PROCESS FOR THE ISSUANCE OF A NOTICE OF APPLICATION; SETTING
FORTH THE INITIAL STEPS IN THE DETERMINATION OF CONSISTENCY
WITH DEVELOPMENT REGULATIONS AND SEP A POLICIES; SETTING A
TIME FRAME FOR THE ISSUANCE OF PERMITS; DESCRIBING THE
REQUIRED PUBLIC NOTICE PROCEDURES FOR A PUBLIC HEARING;
ESTABLISHING THE PROCESS FOR CONDUCTING AN OPEN RECORD
HEARINGS AND APPEALS; DESCRIBING THE PROCESS FOR ISSUING A
NOTICE OF DECISION; AND ESTABLISHING A UNIFORM PROCESS FOR
APPEALING ALL LAND USE PERMIT DECISIONS
WHEREAS, the Regulatory Reform Act, ESHB 1724, (Chapter 36.70B RCW) ("the Act")
requires that the City establish a permit review process which, among other things: (1) provides
for the integrated and consolidated review and decision on all project permits relating to a
proposed action; (2) combines the environmental review process with the procedure for the review
of project permits; (3) provides for no more than one open record public hearing and one closed
record hearing on such permits; and (4) provides for the issuance of the City's final decision
within 120 days after submission of a complete application; and
WHEREAS, the Act requires the City establish procedures to integrate and implement the
Growth Management Act (through adoption of the Comprehensive Plan and development
regulations) and review of development project applications by reviewing consistency of projects
with the Comprehensive Plan; and
WHEREAS, the Act al1ows the City latitude and discretion in adopting procedures for
processing land development permit applications which best fit local needs; and
WHEREAS, through the adoption of this ordinance, the City Council intends to signal its
continuing intention to provide for an affordable community which seeks preservation of the city's
unique natural and built environment; and
WHEREAS, the City Council's Land Use Committee formed an ad hoc "Regulatory
Reform Work Group" composed of a broad spectrum of representatives involved in permit review;
and
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WHEREAS, the City Council's Land Use Committee formed an ad hoc "Regulatory
Reform Work Group" composed of a broad spectrum of representatives involved in permit review;
and
WHEREAS, the Regulatory Reform Work Group has crafted a procedural ordinance for
the review of all land use permit applications, which the Council finds to serve the best interests
of the community and to conform with the City's goals to create a predictable regulatory process
which continues to preserve Port Townsend's unique character and fragile natural environment;
and
WHEREAS, the City's Planning Commission held a public workshop on April 11, 1996
and a public hearing on April 25, 1996, where this ordinance was reviewed, with a
recommendation to the City Council for adoption,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1. A new Chapter 20.01 is hereby added to the Port Townsend Municipal Code
and shall be codified to read as follows:
CHAPTER 20.01
LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES
ARTICLE I.
TYPES OF PROJ ECT PERMIT APPLICATIONS
Sections:
20.01.010
20.01.020
20.01.030
20.01.040
20.01.050
20.01.060
20.01.070
20.01.080
Purpose and Definitions.
Procedures for Processing Development Permits.
Determination of Proper Type of Procedure.
Project Permit Application Framework.
Joint Public Hearings (Other Public Agency Hearings).
Legislative Decisions.
Legislative Enactments Not Restricted.
Exemptions from Project Permit Application Processing.
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ARTICLE II.
TYPE I - IV PROJECT PERMIT APPLICATIONS
Sections:
20.01.090
20.01.100
20.01.110
20.01.120
20.01.130
20.01.140
Pre-application 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
Sections:
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 APPRO V AL PROCESS
Sections:
20.01.200
20.01.210
20.01.220
20.01.230
20.01.240
20.01.250
20.01.260
20.01.270
20.01.280
ARTICLE V.
APPEALS
Sections:
20.01.290
20.01.300
20.01.310
20.01.320
20.01.330
Administrative Approvals Without Notice (Type I).
Administrative Approvals Subject to Notice (Type II).
Planning Commission Review and Recommendation (Type III).
City Council Action.
Procedures for Public Hearings.
Procedures for Closed Record Hearings and Appeals.
Reconsideration.
Remand.
Final Decision; Exclusions to 120-day deadline.
Appeal of Administrative Interpretations and Approvals.
Appeal of Planning Commission Recommendations--Standing to Appea1.
Appeal to the City Council.
Judicial Appeal.
Effective Date; Severability.
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ARTICLE I.
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
20.01.010
20.01.020
20.01.030
20.01.040
20.01.050
20.01.060
20.01.070
20.01.080
Purpose and Definitions.
Procedures for Processing Development Project Permits.
Determination of Proper Type of Procedure.
Project Permit Application Framework.
Joint Public Hearings (Other Public Agency Hearings).
Legislative Decisions.
Legislative Enactments Not Restricted.
Exemptions from Project Permit Application Processing.
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 puIþose,
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
a 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), subarea 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 typical1y 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
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
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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.
Defmitions. The following definitions shall apply throughout this Chapter 20.01:
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 al1ow argument based
upon the record established at the open record hearing.
4.
"Days" -- All days shaH be calendar days.
5.
"Director" shall mean the BCD director or his/her designee
6. Effective date of decisions -~ An preliminary and final decisions shall be
effective on the date stated in Section 20.01.280(B) PTMc.
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 Section
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
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"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 (PTMC 19.05), site-specific rezones authorized by the Port Townsend Comprehensive
Plan or a formany adopted subarea plan, but excluding the adoption or amendment of the Port
Townsend Comprehensive Plan, a subarea 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.
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 Section 20.01.060. Exemptions from the requirements
of project permit application processing are contained in Section 20.01.080.
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"), shan determine
the proper procedure for all development applications. If there is a question as to the appropriate
type of procedure, the director shan resolve it in favor of the higher procedure type number.
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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. Decisionmaker(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 decisionmaker(s). The city council is the highest,
followed by the planning commission, as applicable, and then the Director. Joint public hearings
with other agencies shall be processed according to Section 20.01.050.
D. Administrator. Upon issuance of a Determination of Completeness described in
Section 20.01.110, the director shall assign an administrator to the project who wiU 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. SEP A 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 20.01 PTMC. The SEPA review process, including al1 public comment
procedures, is set forth in Chapter 19.04 PTMc. Nothing contained in this Chapter 20.01 PTMC
shall be construed to restrict the need for full environmental review in accordance with Chapters
19.04 (SEPA) and 19.05 (Environmentally Sensitive Areas) PTMc.
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20.01.040
Project Pennit Application Framework.
TYPE II
Permitted Uses not
requiring Notice of
Application
(e.g., building permits,
etc.)
Boundary Line
Adjustment<;
Minor amendments to
Planned Unit
Development<; (PUDs)
Sign Permits
Temporary uses
Street Use Permits
Land clearing/grading
Home Occupations
Shoreline Exemptions
Street Development
Permits
PERMITS/DECISIONS
TYPE II
Short subdivisions &
Boundary Line
Adjustment<; resulting in
lot reorientation
Revisions to Shoreline
Management Permits
Envirorunentally
Sensitive Area (ESA)
permit<;
Minor variances
Minor Conditional Use
Permits (CUPs)
TYPE III
Preliminary long
subdivisions; plat
vacations &
alterations
Binding site plans
Major CUPs
Shoreline
Management
Permits
PUDs & major
amendments to
PUDs
Major variances
Site-specific
rezones consistent
with the Port
Townsend
Comprehensive
Plan
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TYPE IV
TYPE V
Final plats
Port Townsend
Comprehensive
Plan Amendments
Development
regulations
Zoning text
amendments &
zoning map
amendment"
Annexations
Shoreline Master
Program (SMP)
amendments
Other land use &
utility plans &
amendments
I Assignment of a project to Type I status shall not limit or restrict the public notiœ 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.
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ACTION TYPE
PROCEDURE PROJECT PERMIT APPLICATIONS (TYPE I - IV) LEGIS LA TIVE
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TYPE I TYPE II TYPE III TYPE IV TYPE V
Recommendation N/A N/A Planning N/A Planning
made by: Commission Commission
Final decision Admin. BCD Director City Council City City Council
made by: Council
Notice of No Yes Yes No N/A
Application:
No Only if director's Yes, before the No Yes, before the
decision is Planning Planning
Open Record appealed, open Commission, to Commission to make
Public Hearing: record hearing make recommendation to
before City recommendation City Council
Council to City Council
Closed record No No Yes, before City N/A Yes, or Council
appeal/final Council could hold its own
decision: hearing
Judicial Appeal: Yes Yes Yes Yes Yes
SUMMARY OF DECISIONMAKING:
Type I -
Administrative without notice;
Type II ~
Administrative with notice;
Type III - Notice & open record public hearing before Planning Commission,
with recommendation to City Council. Final decision by City
Council, after closed record public hearing (including appeals);
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Type IV -
Closed record hearing and decision by City Council during regular
Council meeting;
Type V -
Notice & public hearing before Planning CoDlmission, with
Planning Commission recommendation to City Council. City
Council also provides notice and public hearing before making final
legislative decision.
(See Article IV, Sections 20.01.200-.280 for detailed description of project
review and approval process.)
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 periods set forth in this Section 20.01 PTMC. In the alternative, the applicant may agree to
a particular schedule if that 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.
20.01.060
Legislative Decisions.
A. Decisions. The following decisions are legislative, and are not subject to the
procedures in this chapter, unless otherwise specified: .
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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.
The administrative procedures for the legislative decisions specified in this section are set forth
in Section 20.04, Port Townsend Municipal Code (hereinafter "PTMC").
20.01.070
Legislative Enactments Not Restricted.
Nothing in this chapter or the permit processing procedures sha11 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.
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 fo11owed 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.
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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
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 Section 20.01.110). However, Type I permits are not subject to other requirements
of this Chapter 20.01, and are excluded from the following procedures as defined in this section:
1.
Determination of 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
a complete application, subject to the provisions of Section 20.01.110.
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ARTICLE II.
TYPE I - IV PROJECT PERMIT APPLICATIONS
Sections:
20.01.090 Pre-application Conference.
20.01.100 Development Permit Application.
20.01.110 Submission and Acceptance of Application; Determination of Completeness;
Additional Information and Project Revisions.
20.01.120 Referral and Review of Development Permit Applications.
20.01.130 Scope of Project Review.
20.01.140 Project Consistency.
20.01.090
Pre-application Conference.
A. Mandatory Conference. Applications for project permit Type I actions proposing
impervious surfaces equal to or exceeding 5,000 square feet and/or non-single-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 pre-application conference. The purpose of the
pre-application 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.
request.
Scheduling. The conference sha1l be held within fifteen (15) calendar days of the
C . Conceptual Design Review. The applicant will bring to the pre-application
conference a preliminary sketch or conceptual design which illustrates the applicant's generalized
ideas of the proposa1. 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 pre-application stage. Additionally, for the pre-application 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 (7) calendar
days folJowing 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
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4.
The city's historic preservation guidelines (if applicable).
E. Assurances Unavailable. It is impossible for the conference to be an exhaustive
review of all potential issues. The discussions at the conference or the forms provided by the city
to the applicant under 20.01.090(D) above 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 17.38 PTMC) involving historic
preservation issues, the director may require that the applicant attend a mandatory pre-application
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. Pre-application conferences for all other types of
applications not specified in this section are optional, and requests for conferences wil1 be
considered on a time-available basis by the Director.
H. Fee. The applicant shall pay the fee set forth in Section 20.09 PTMC for the pre-
application conference.
20.01.100
Development Pennit Application.
A. Applications for project permits shall be submitted upon forms provided by the
Director. The applicant is encouraged to schedule a pre-submittal 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 Section 19.04.100 PTMC;
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 al1 owners of the affected property. A photocopy of the
property deed shal1 be provided;
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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 aU 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 for all properties
within 300 feet of the property and properties to which public notice must be sent as provided in
Section 19.04.220 PTMC (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.
B. 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.
Binding site plans, see Title 18 PTMC.
3.
Building permits, see 16.04 PTMC;
4.
Preliminary plat, see 18.20.020 PTMC;
5.
Planned Unit Developments (PUDs), see 17.40 PTMC;
6.
Environmental1y Sensitive Areas (ESA), see 19.05 PTMC.
7.
17.64 PTMC;
Conditional Use Permits, Home Occupation Permits, and Variances, see
8.
Street development permits, see 12.04.240 PTMC.
C. The Director may waive specific submittal requirements determined to be
unnecessary for review of an application. In such event, the director shal1 document the waiver
in the project file or project log. .
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20.01.110
Submission and Acceptance of Application; Detennination of Completeness;
Additional Infonnation and Project Revisions.
A. Determination of Completeness. Within twenty-eight (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 20.01. 110(A) above.
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 fourteen (14) calendar days after an
applicant has submitted the requested additional information, the city shall make the determination
as described in 20.01. 110(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 120-day period, the Director shall make a
determination that the application has been abandoned and is therefore withdrawn, according to
the Type I procedure in Section 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 wi]] 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 20.01.110(A)
above. Notwithstanding a failure to provide a Determination of Completeness, the city may
request additional information as provided in Section 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 shal1 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 Section 20.01.100 above, as well as the
submission requirements contained in the applicable development regulations. This Determination
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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 shal1 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) fourteen (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 substantial1y 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 original1y 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, RCW Chapter 36.708, set forth in this chapter
starting from the date at 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.
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20.01.120
Referral and Review of Development Pennit Applications.
Upon acceptance of a complete application, the director sha11 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 ten (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), RCW 43.21C, shall be reviewed in accordance with the
policies and procedures contained in Chapter 19.04 PTMC. SEPA review sha1l be conducted
concurrently with development project review. The following are exempt from concurrent
reVIew:
1.
Projects categorica1ly 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 SEP A environmental determination for the planned action.
C. Historic Preservation Committee (HPC) Review. For those actions subject to
design review pursuant to Chapter 17.38 PTMC, the director shall refer the application to HPC.
Pursuant to Chapter 17.38 PTMC, HPC shall hold one or more public meeting(s) as necessary to
consider the application. HPC review shall be completed within forty-five (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 sha11 be included in the staff report and
recommendation transmitted to the hearings body pursuant to Section 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. If a Type III procedure is required, BCD sha11 provide for notice and hearing as
set forth in PTMC Sections 20.01.150 - .190.
20.01.130
Scope of Project Review.
A. Fundamental land use planning choices made in adopted comprehensive and subarea
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
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Ord No. dS"d. /
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applicable regulations the adopted Port Townsend Comprehensive Plan or subarea planes), under
Section 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 subarea plan(s). At a minimum, such applicable regulations
or plans shall 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 al1 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
a project as provided in its development regulations adopted under Chapter 36.70A RCW and in
its policies and criteria adopted under RCW 43.21c.060, including project review under Chapters
19.04 (SEPA) and 19.05 (Environmentally Sensitive Areas ordinance) PTMc.
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
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appropriate elements of the Port Townsend Comprehensive Plan or subarea plan adopted under
Chapter 36.70A RCW shall be determined by consideration of:
1.
The type of land use;
2.
The level of development, such as units per acre or other measures of
density;
3.
development; and
Infrastructure, including public facilities and services needed to serve the
4.
The character of the development, such as development standards.
B. In determining consistency, the determinations made pursuant to Section 20.01.130
of this chapter shall be control1ing.
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(I) - (4) of this section.
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ARTICLE III.
PUBLIC NOTICE
Sections:
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.
20.01. 150
Notice of Application.
A. Time of Issuance. Within fourteen (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 thirty (30) calendar days prior to the hearing.
B. SEP A 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 sha11 be required for Type II
projects, regardless of whether such projects are exempt from SEP A 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 shal1 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 Section
20.01.110 PTMC;
5. The identification of other permits required by other. agencies with
jurisdiction not included in the application, to the extent known by the city;
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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
twenty (20) calendar days following the date of Notice of Application (or thirty (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
a copy of the decision once made, and any appeal rights;
9. The date, time, place and type of hearing, if applicable and scheduled prior
to 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 Section 20.01.140 of this
Chapter;
11. Any other information determined appropriate by the city, such as the city's
pending SEP A threshold determination or a statement advising that a final environmental
determination shal1 be made following a comment period; and
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 shaH
be combined with 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.
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 SEP A threshold determination shall
not be issued until after the expiration of the comment period following the Notice of Application.
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Ord No. .2.5"""..2./
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Regardless of the expiration of the Notice of Application comment period, any interested party
may comment upon the SEPA threshold determination pursuant to Title 19.04 PTMC.
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 single notice board shal1 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
a.
traffic.
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 shal1 be:
(i) Maintained in good condition by the applicant during the
b.
notice period;
(ii)
In place at least thirty (30) calendar days prior to the date of
hearing or decision; and
(iii)
after the end of the notice period.
d. An affidavit of posting sha11 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.
Removed by the applicant within fifteen (15) calendar days
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 ci rculation.
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Ord No. '?S"ol!
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3. BCD shall maintain for public review, a list of pending projects (public
inspection files), including project status. However, the failure by BCD to maintain and update
the project status list shal1 not be grounds for invalidation of any permit decision.
20.01. 1 70
Shoreline Master Program (SMP) Pennits.
SMP permits require notice as provided in Sections 20.01.150 - .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 Section C below, the content of
SMP notices shall be identical to the notice set forth in Sections 20.01.150 - .160.
C. SMP Comment Period. The public may provide comments for thirty (30) calendar
days after the notice of publication date. (SMP notice is ten (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
thirty (30)-day comment period.
20.01.180
Optional Additional Public Notice.
A.
As optional methods of providing public notice of any project permits, the city
may:
I. Notify the public or private groups with known interest in a certain proposal
or in the type of 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 Internet.
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Ord No. ,;?S.::J.!
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The city's failure to provide the optional notice as described in this subsection shall not be grounds
for invalidation of any permit decision.
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;
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 al1 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 hearing 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
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c.
Any person who submits written comments on an application.
3. Type ill 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 shal1 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 fifteen (15) calendar days of such notice;
c. Special notice of the 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
propQsed 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 20.01.190 shal1 be given to owners of real property located with 300 feet 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 Section 17.60.030 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 the chapter.
b. An public notices shaH 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.
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Ord No. P?;f"""0l.1
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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 Section 20.01. 160(A)(1).
2. Published notice is required for all Type II procedures involving an open
record public hearing, Type ill, and Type V procedures. The published notice shall be published
in the city's official newspaper. Published notice is not required for dosed record public hearings
before the city council, as no new testimony or evidence is al1owed at such hearings. Mailed
notice of the closed record public hearing shall be provided for aU 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 ten (10) nor more than forty-five (45) calendar days prior to the hearing date. Any
posted notice shall be removed by the applicant within fifteen (15) calendar days following the
public hearing.
2.
All costs associated with the public notice shall be borne by the applicant.
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Ord No. ;¿ 5""ølj
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ARTICLE IV.
PROJECT REVIEW AND APPROVAL PROCESS
Sections:
20.01.200
20.01.210
20.01.220
20.01.230
20.01.240
20.01.250
20.01.260
20.01.270
20.01.280
Administrative Approvals Without Notice (Type I).
Administrative Approvals Subject to Notice (Type II).
Planning Commission Review and Recommendation (Type III).
City Council Action.
Procedures for Public Hearings.
Procedures for Closed Record Hearings'and Appeals.
Reconsideration.
Remand.
Final Decision; Exclusions to 120-day deadline.
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.
Director's decisions under this section shal1 be final on the date issued.
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 app1icant or other party 'of record who may be aggrieved by the
administrative decision may appeal the decision to the city council, provided that a written appeal
in conformance with Section 20.01.310 is filed within fourteen (14) calendar days after the notice
of the decision, or within twenty-one (21) calendar days if a SEPA Determination of
Nonsignificance is issued concurrently with and as part of the permit decision.
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Ord No. PIS-';;" /
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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
wi1l be referred to the city council for a public hearing.
4. Pursuant to Section 19.04.280 PTMC, SEPA Determinations of Significance
(DS) shall not be appealable.
20.01.220
Planning Commission Review and Recommendation (Type III).
A. The planning commission shall review and make findings, conclusions and
recommendations to the city council on all Type III permit applications.
B. Staff Report. The administrator shall prepare a staff report on the proposed
d~velopment or action summarizing the comments and recommendations of city departments, the
Historic Preservation Committee (HPC), affected agencies and special districts, and evaluating
the development's consistency with the City's Development Code, adopted plans and regulations.
The staff report shall include proposed findings, conclusions and recommendations for disposition
of the development application. The staff report shall include and consider all written public
comments on the application.
C. Planning Commission Hearing. The planning commission shall conduct a public
hearing on Type ill development proposals for the purpose of taking testimony, hearing evidence,
considering the facts germane to the proposal, and evaluating the proposal for consistency with
the City's Development Code, adopted plans and regulations. Notice of the planning commission
hearing shall be in accordance with Section 20.01.190. Al1 appeals of administrative project
permit decisions, including appeals of SEP A threshold determinations made pursuant to Chapter
19.04 PTMC (other than Determinations of Significance), shall be considered together with the
decision on the project application in a single, consolidated public hearing.
D. Required Findings: In addition to the approval criteria listed in Title 17 PTMC, the
planning commission shall not approve a proposed development unless it first makes the fol1owing
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 PTMC (Environmentally Sensitive Areas);
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Ord No. £SøL/
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4. For subdivision applications, findings and conclusions shall be issued in
conformance with Title 18 PTMC and RCW 58.17.110.
E . Recommendation. The planning commission shall adopt findings and conclusions
and shall either recommend approval, approval subject to conditions, or denial (with or without
prejudice) of the proposed development application.
20.01.230
City Council Action.
A. Actions. Upon receiving a recommendation from the planning commission 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. At the council's discretion, hold a public hearing and make a decision on
the following matters:
a.
Appeal of administrative interpretations.
b.
Appeal of Type II approvals.
c.
Appeal of SEP A threshold determinations for Type II projects.
d.
Other matters not prohibited by law.
3.
Make a decision after reviewing Type IV actions.
B. Decisions. The city council shall make its decision by motion, resolution, or
ordinance as appropriate. In its decision regarding Type II and Type III actions, the city council
shall adopt written findings and conclusions (either those recommended by the planning
commission or findings and conclusions prepared by the council).
1. A city council decision on a planning commission recommendation
fol1owing a closed record public hearing shall include one of the following actions:
a.
Approve as recommended.
b.
Approve with additional conditions.
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Ord No. ';<.5.A /
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c.
the modifications do not:
Modify, with or without the applicant's concurrence, provided that
(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 Section 20.01.270.
2. A council decision following a closed record appeal hearing shal1 include
one of the fol1owing 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 Section 20.01.270.
20.01.240
Procedures for Public Hearings.
Public hearings sha11 be conducted in accordance with the hearing body's rules of procedure and
shal1 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.
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Ord No. ,,/(S"øl /
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D.
Rebuttal, response or clarifying statements by the staff and the applicant.
E. The evidentiary portion of the public hearing shall be closed and the hearing body
shall deliberate on the matter before it.
20.01.250
Procedures for Closed Record Hearings and Appeals.
Closed record hearings on planning commission recommendations and appeals 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 Section 20.01.270, no new evidence or testimony
shall be given or received. The parties to an appeal of a planning commission recommendation
may submit timely written statements or arguments.
20.01.260
Reconsideration.
A party of record at a public hearing or closed record appeal may seek reconsideration only of a
tïnal decision by filing a written request for reconsideration with the director within five (5)
calendar days of the oral announcement of the final decision. The request shal1 comply with
Section 20.01.31O(B) PTMC. The councilor 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 fina1. If the request is granted, the
councilor hearing body may immediately revise and reissue its decision or may cal1 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.
20.01.270
Remand.
In the event the city council determines that the public hearing record, the record on appeal or the
director's decision (in a Type II permit) are insufficient or otherwise flawed, the council may
remand the matter back to the planning commission or director, as applicable, to correct the
deficiencies. The council sha11 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 planning a commission recommendation only for the limited purposes identified in
RCW 34.05.562(1) (involving al1egations cha11enging the legal validity of the planning
commission proceedings).
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Ord No~...<'S-øoZ /
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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.
2. Pursuant to Section 20.01.11O(F), any time required to correct plans,
perform studies or provide additional information, provided that within fourteen (14) calendar
days of receiving the requested additional information, the director shaH determine whether the
information is adequate to resume the project review.
3. Pursuant to Section 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 Section 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 or director.
B. Effective date. The final decision of the councilor 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 (3) 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;
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Ord No. .??S,Z/
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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, 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
forma11y adopted design guidelines, HPC sha11 review the final design details or design plans for
consistency with HPC guidelines and project conditions.
31
Ord No. £,:;-.;1./
8
8
ARTICLE V.
APPEALS
Sections:
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.
Appeal to the City Council.
Judicial Appeal.
Effective Date; Severability.
20.01.290
Appeal of Administrative Interpretations and Approvals.
Administrative interpretations and administrative Type II approvals may be appealed, by
applicants or parties of record, to the city council. Type I approvals may not be appealed to city
council.
20.01.300
Appeal of Planning Commission Recommendations -- Standing to Appeal.
Recommendations of the planning commission may be appealed, by parties of record from the
planning commission 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 form part of the public record that is
considered at the open record hearing (excluding persons who only signed petitions or
mechanical1y-produced form letters).
20.01.310
Appeal to the City Council.
A. Filing. Every appeal to the city council shall be filed with the director within
fourteen (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 Section 20.01.210 (fourteen (14) calendar days), and SEPA appeals shall be filed in
accordance with Section 19.04.280 PTMC (twenty-one (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;
32
Ord No....1.r~/
.
.
2.
The name and address of the appellant and his/her interest(s) in the matter;
3. The specific reasons why the appel1ant 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 Section 20.01.260 shall contain all information
required in this Section 20.01.310.
C. Any notice of appeal not in full compliance with this Section 20.01.310 shall not
be considered.
20.01.320
Judicial Appeal.
A. Appeals from the final decision of the city council 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 twenty-one (21) calendar days of the date the
decision or action became final, as defined in Section 20. a 1. 280(B) of this chapter, 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 c1erk, and al1 persons identified in RCW 36.70C.040, within the applicable
time period. This requirement is jurisdictiona1.
C. The cost of transcribing and preparing all records ordered certified by the court or
desired by the appellant for such appeal shall be borne 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.
20.01.330
Effective Date; Severability.
A. Effective Date. This Chapter 20.01 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 shal1 be subject to the requirement of
a single, consolidated open record public hearing, including the requirements set forth in Sections
20.01.200 through .320.
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Ord No. 25"ol/
.
.
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 and the
requirements of this Chapter 20.01 PTMC, the requirements and procedures set forth in this
Chapter 20.01 sha11 prevail.
C. Severability. If any clause, sentence, paragraph, section or part of this Chapter
20.01 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 shal1 not affect the validity or
constitutionality of the remainder of any part of this Chapter 20.01. To this end, the provisions
of each clause, sentence, paragraph, section or part of this law are declared severable.
(Ord. § 1, 1996.)
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 6th day of May, 1996.
Attest:
Az, Dep:C~
A8]ID to ~ ""I
ity. i~~~
~ 7Y7(;/ ~</I -
/--(~¿ / / / Ü(-f-"jL~
Julie M / lloch, Mayor
~/
05/01/96 CA[96-015] Ord\{TTitle20.doc}
34
Ord No. d.:Jol/
CITY OF PORT ~ JWNSEND
REGULATORY REFORM ORDINANCE TIME LINE (20.01 PTMC)
Common Projects (I'ype lll) Requiring Open Record Hearing
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Pre-Submission Review:
TIme Period Determined by Applicant
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120 Days from Determination of Completeness to Final Decision by City Council
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