Chapter 17.10 - DEVELOPMENT PERMIT APPLICATIONS

A.   It is the purpose of this chapter to provide for a consolidated project review process. The process is intended to:
               1.   Provide for the establishment of a development review process which complies with the applicable requirements for local permit
                  processing contained in Chapter 36.70B RCW;
               
2.   Combine the environmental review process with review of project permit applications;
3.   Provide for no more than one open record hearing and one closed record appeal in review of project permit applications.

B. The provisions of this chapter shall apply to all project permit applications filed on or after the effective date of the ordinance codified in this chapter.

(Ord. 503 § 1, 1999)

17.10.020 - Definitions.

A.   The following definitions set forth in RCW 36.70B.020 are incorporated and adopted by reference:
               1.   Closed record appeal;
2.   Open record hearing;
3.   Project permit;
4.   Project permit application;
5.   Public meeting.

B. The following additional definition shall apply in this chapter: "Party of record," in addition to the applicant, means any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the town with a complete name and address.

(Ord. 503 § 2, 1999)

17.10.030 - Applicability.

The provisions of this chapter shall apply to all applications for land use development requiring a public hearing or environmental permits subject to review under the following types of land use or project applications:

1. Title 16, Subdivisions;

2. Title 18, Environmental Review;

3. Title 17, Zoning;

4. Shorelines substantial development permits.

(Ord. 503 § 3, 1999)

17.10.040 - Exempt projects.

The following projects are exempt from the provisions of this chapter:

A. Lot line adjustments;

B. Street vacations pursuant to RCW 35.97;

C. Home occupations allowed without a conditional use permit;

D. Annexations;

E. Minor amendments or modifications to approved developments or permits which do not (a) affect overall project character, (b) increase the number of lots, dwelling units, or density, or (c) decrease the quality or amount of open space;

F. Approvals relating to the use of public areas or facilities;

G. Landmark designations;

H. Ordinance amendments and adoptions;

I. Area-wide rezones to implement the comprehensive plan;

J. Comprehensive plan amendments.

(Ord. 503 § 4, 1999)

17.10.050 - Preapplication meeting.

A. Project applicants are encouraged to participate in an informal meeting with town staff prior to filing a formal application. The purpose of the meeting is to discuss, in general terms, the proposed development, town standards, design alternatives, and required permits and approval processes.

B. During the preapplication meeting, the applicant is encouraged to provide a site plan showing the development proposed, meeting the town's site plan standards.

(Ord. 503 § 5, 1999)

17.10.060 - Determination of completeness.

A. Within twenty-eight (28) days after receiving a project permit application, the town shall provide the applicant with a written determination stating that the application is complete or incomplete.

B.   A project permit application shall be declared complete only when it contains all of the following information:
               1.   A fully completed, signed and acknowledged development application;
2.   A fully completed, signed and acknowledged environmental checklist for projects subject to review under the State Environmental
                  Policy Act;
               
3.   Required information as specified in relevant town ordinances;
4.   Any supplemental information or special studies required by the town to process the development application;
5.   Additional information may be required after the determination of completeness is issued if new information is required or
                  if there are changes proposed for the development.
               

C. Within fourteen (14) days after an applicant has submitted any additional information identified as necessary, the town shall notify the applicant whether the application is complete, or what additional information is necessary.

D. The applicant shall have thirty (30) days to submit any additionally required information. Failure to submit required information within the established timeframe shall void the original application unless the town determines otherwise.

E. An application shall be deemed complete if the town does not provide a written determination to the applicant that the application is incomplete as provided in this section.

(Ord. 620 §§ 10, 11, 2006; Ord. 503 § 6, 1999)

17.10.070 - Public notice of development application.

A.   Within fourteen (14) days after issuance of a letter of completeness issued under Section 17.10.010 of this chapter, the town
               shall issue a notice of development application. The notice shall include but not be limited to the following:
               1.   Name of the applicant;
   Date of application;
   Date of notice of completeness;
   Project location;
   Project description;
   Requested approvals, and, if applicable, required studies;
   List of other known permits not included in the application;
   List of existing environmental documents that evaluate the proposal;
   Location where application can be reviewed;
   A statement of the public comment period, which shall be fifteen (15) days from the date of notice of application;
   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;
               
   Date, time and place of open record public hearing if scheduled.

B.   Notice of application shall be provided in the following manner for applications requiring a public hearing and/or environmental
               review:
               1.   Posting of the subject property at least ten days prior to hearing date;
2.   Posting at least ten days prior to hearing date at Naches Town Hall and post office;
3.   Publishing notice, in a newspaper of general circulation in the general area of the proposal, at least ten days prior to hearing
                  date, including the project location, description, type of permit(s) required, comment period dates, and location where the
                  complete application may be reviewed;
               
4.   Mailing at least ten days prior to hearing date, to property owners located within three hundred (300) feet of the subject
                  property;
               
5.   Notice may also be sent to agencies interested in the application, as determined by the town, and to other persons or entities
                  requesting such notice.
               

C. If the town makes a threshold determination under RCW 43.21C concurrently with the notice of application, the notice of application may be combined with the threshold determination and the scoping notice for a determination of significance.

D. The town may elect to utilize the Optional DNS Process as set forth in WAC 197-11-355, if there is a reasonable basis for determining significant adverse impacts are unlikely, to obtain comments on the notice of application and the likely threshold determination for the proposal.

E. Except for a threshold determination issued under SEPA, the town may not issue a decision on a project permit until the expiration of the public comment period on the notice of application.

F. If an open record public hearing is required, the notice of application shall be provided at least ten days prior to the hearing.

G. If an open record public hearing is required, and the town's threshold determination requires public notice under RCW 43.21C, the town shall issue the threshold determination at least fifteen (15) days prior to the open record public hearing.

H. The deadline for public comment on notice of application shall be fifteen (15) days from the date of the notice of application.

(Ord. 503 § 7, 1999)

17.10.080 - Optional consolidated review process.

A. If requested by a project applicant, a project requiring two or more permits shall be processed under a single consolidated application and review process covering all project permits.

B. If an applicant requests a consolidated permit review process, the determination of completeness, notice of application, and notice of final decision shall include all project permits being reviewed through the consolidated review process.

C. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal.

(Ord. 503 § 8, 1999)

17.10.090 - Open record hearings—Combining hearings and meetings.

A. The Naches planning commission shall hold all public hearings for proposals as required by town ordinances. The planning commission's hearing shall be the only open record public hearing.

B. Any public meeting or open record hearing may be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with the provisions of RCW 36.70B.090 and 36.70B.110.

(Ord. 503 § 9, 1999)

17.10.100 - Combining project review and SEPA.

A. Environmental review as required under RCW 43.21C shall be combined with development project review, to occur concurrently with the review of a project proposal.

B.   The town shall review the project permit application under the requirements of the State Environmental Policy Act (SEPA),
               Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and Chapter 18.04 of this code in order to:
               1.   Determine whether the applicable regulations contain studies that adequately analyze all of the project permit application's
                  specific probable adverse environmental impacts;
               
2.   Determine if the applicable regulations contain measures that adequately address such environmental impacts;
3.   Determine whether additional studies are required and/or whether the project permit application should be conditioned with
                  additional mitigation measures;
               
4.   Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws
                  and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development
                  regulation level.
               

C. If the town bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection D of this section, the town shall not impose additional mitigation under SEPA during project review.

D. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:

1. The impacts have been avoided or otherwise mitigated; or

2. The town has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.

E. In determining whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the town shall base or condition its project approval on compliance with these other existing rules or laws.

F. Nothing in this section limits the authority of the town in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.

(Ord. 503 § 10, 1999)

17.10.110 - Determination of consistency.

A. Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. Pursuant to RCW 36.70B.030 and 040, the town shall determine if a proposed project is consistent with applicable development regulations, or in the absence of applicable regulations, the adopted comprehensive plan.

B. Pursuant to RCW 36.70B.040(3), for purposes of this section, the term "consistency" shall include all terms used in RCW36.70A and RCW36.70B, including but not limited to compliance, conformity and consistency.

C.   Pursuant to RCW 36.70B.040 the following project considerations shall determine whether or not a proposal is determined to
               be consistent with applicable development regulations, or in the absence of applicable regulations, the adopted comprehensive
               plan:
               1.   Type of land use;
2.   Level of development, such as units per acre or other measures of density;
3.   Infrastructure, including the adequacy of public facilities and services needed to serve the proposed development; and
4.   The character of the development, such as compliance with specific development standards.

D. When deciding whether a project is consistent, determinations made pursuant to RCW 36.70B.030(2) shall be controlling.

E. In order to avoid duplication in environmental review, pursuant to RCW 36.70B.030 and 43.21C.240, the town may determine whether or not some or all of a project's probable specific adverse environmental impacts have been adequately mitigated through any mitigation measures existing within the town's development regulations.

(Ord. 503 § 11, 1999)

17.10.120 - Notice of final decision.

A. The town shall issue a notice of final decision within one hundred twenty (120) days of the date of the letter of completeness. The twenty-eight (28) day period allowed for issuance of a determination of completeness is not included within this one hundred twenty (120) day period. In determining the number of days that have elapsed from notice of application completeness, time periods shall be excluded as set forth in RCW 36.70B.090.

B. The town and the applicant may mutually agree upon an extension of the one hundred twenty (120) day time period for issuance of final decision.

C. If the town is unable to issue a final decision within time limits as stated in subsection A of this section, written notice of this fact shall be provided to the applicant. The notice shall include a statement of reasons why time limits have not been met and an estimated date for issuance of the notice of final decision.

D. The town shall provide a notice of decision including a statement of any threshold determination made under Chapter 43.21C RCW. The notice of decision may be a copy of the report or decision on the project permit application.

E. The notice shall be provided to the applicant, Yakima County assessor's office, and to all parties of record.

F. The notice shall state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

(Ord. 503 § 12, 1999)

17.10.130 - Single report.

For all project permit applications and optional consolidated project permit processes, there shall be no more than one report, as follows:

A. The report shall include all decisions made as of the date of the report on all project permits included in a consolidated project process that do not require an open record hearing.

B. The report shall include all recommendations on project permits that require an open record hearing.

C. The report shall state any mitigation required or proposed under development regulations or the town's authority under RCW 43.21C.060 (SEPA).

D. If a threshold determination other than a determination of significance has been issued, the report shall include or append the determination.

E. Any person commenting upon or otherwise responding to a notice of application shall be mailed a copy of the report; provided, that failure to provide a copy shall not affect the validity of the decision on the project permit.

F. The report may constitute the permit, if it includes all information required by this section and any other information required for a permit under other town ordinances.

G. Nothing in this section shall preclude the town from revising the report to reflect public input at an open record hearing or to reflect new or changed information relevant to the project permit decision.

(Ord. 503 § 13, 1999)

17.10.140 - Administrative interpretation of development regulations.

An applicant may request an interpretation of development regulations existing within town ordinances that apply to proposed development. The applicant shall submit the appropriate fees for the interpretation.

(Ord. 503 § 14, 1999)

17.10.150 - Appeals.

A. Town Council Appeals. Administrative decisions and interpretations may be appealed by applicants or parties of record to the town council within ten (10) days of the date of decision. The time period for council appeals shall not exceed ninety (90) days for an open record appeal hearing and sixty (60) days for a closed record appeal. The parties to an appeal may agree to extend these time periods.

B. Judicial Review of Land Use Decisions: Appeals of town council decisions may be appealed by applicants or parties of record to Yakima County superior court. Such petition must be filed within twenty-one (21) days of issuance of the decision, as provided in RCW 36.70C.

C. Appeals of project permit decisions shall be heard at a single closed record appeal, or a single open record appeal if no previous open record hearing has taken place on the application.

(Ord. 503 § 15, 1999)