HomeMy WebLinkAboutOrdinances - 2021-28 - Amending and replacing Title 19 of the East Wenatchee Municipal Code, Development Permit Administration, EWMC Title 19 - 11/16/2021City of East Wenatchee, Washington
Ordinance No. 2021-28
An Ordinance of the City of East Wenatchee related to the administration of development regulations amending and replacing Title 19 of the East Wenatchee Municipal Code, containing a severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee relacionada con la administración de las regulaciones de desarrollo que enmienda y reemplaza el Título 19 del Código Municipal de East Wenatchee, la cual contiene una cláusula de divisibilidad y establece una fecha de vigencia.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
3.2. RCW 35A.63.100 authorizes the City Council to adopt ordinances establishing procedures for administration of permits for the use and subdivision of land within the City.
4. Purpose. The purpose of this ordinance is to update the East Wenatchee Municipal Code (EWMC) Title 19.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Amendment. The City Council amends EWMC Title 19 as set forth in Exhibit A.
6. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above as well as the findings of fact and conclusions of law as set forth below.
6.1. Findings of Fact:
City of East Wenatchee Ordinance 2021-28 and Exhibit A Page 2 of 4
6.1.1. The proposal will be applicable to all applications related to building, land use and subdivision of land on properties within the City of East Wenatchee.
6.1.2. RCW 36.70B establishes procedures and project permit review requirements that local governments must include in their ordinances governing administration of project permit applications.
6.1.3. Since the adoption of Title 19, amendments to the various chapters of the Revised Code Washington governing the administration of building, land use and subdivision permit applications have been enacted by State. These amendments require that the City update it’s administrative procedures for processing project permit applications.
6.1.4. The City Council held workshops related to amendments to Title 19 on August 12, 2021 and September 15, 2021.
6.1.5. Pursuant to WAC 197-11-800(19) Procedural Actions, the adoption of amendments to Title 19 Administration of Development Regulations is categorically exempt from a SEPA threshold determination.
6.1.6. East Wenatchee Municipal Code Title 19 is a procedural code and therefore amendments to this title are not subject to the sixty-day state agency notice requirements in RCW 36.70A.106.
6.1.7. East Wenatchee Municipal Code Title 19 is a procedural code and therefore amendments to this title are not subject to review by the City’s planning agency under EWMC 2.30 or RCW 35A.63.
6.1.8. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.
6.2. Conclusions of Law:
6.2.1. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code.
6.2.2. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference.
7. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance.
8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance.
EXHIBIT A
Title 19
ADMINISTRATION OF DEVELOPMENT REGULATIONS
Chapters:
19.01 Types of Project Permit Applications
19.02 Processing of Project Permit Applications
19.03 Public Notice
19.04 Consistency with Development Regulations and SEPA
19.05 Open Record Public Hearings
19.06 Closed Record Decisions and Appeals
19.07 Development Agreements
19.08 Comprehensive Plan and Development Regulation Amendments
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EXHIBIT A
Chapter 19.01
TYPES OF PROJECT PERMIT APPLICATIONS
Sections:
19.01.001 Conflicts.
19.01.005 Definitions.
19.01.010 Procedures for processing project permits.
19.01.020 Determination of proper procedure type.
19.01.030 Project permit application framework.
19.01.040 Joint public hearings.
19.01.050 Legislative decisions.
19.01.060 Legislative enactments not restricted.
19.01.070 Exemptions from project permit application processing.
19.01.080 Administrative interpretations.
19.01.001 Conflicts.
Unless otherwise specified by Washington State statute, in the event provisions of any other title
of the East Wenatchee Municipal Code including, but not limited to, Title 15, Chapter 15.48,
Title 16, except for the time limitations for short subdivisions and subdivisions, Chapter 16.28,
Title 17, Chapter 17.88, Chapter 17.92, Chapter 17.100, procedures for open record hearings,
closed record appeals and notice requirements, conflict with any provisions of this Title 19, Title
19 provisions shall supersede and control. (Ord. 96-5 § 1, 1996)
19.01.005 Definitions.
The definitions in this section apply throughout this title.
A. “Building permits” mean those permits issued pursuant to the following chapters of the
EWMC as now exist or as may be hereafter amended:
1. Chapter 15.04, Building Code;
2. Chapter 15.08, Mechanical Code;
3. Chapter 15.12, Plumbing Code;
4. Chapter 15.16, Fire Code;
5. Chapter 15.24, Sign Code;
6. Chapter 15.28, State Energy Code;
7. Chapter 15.32, Movement of Buildings;
8. Chapter 15.36, Mobile Homes;
9. Chapter 15.44, Flood Hazard Areas.
B. “Closed record appeal” means an administrative appeal on the record to a local government
body or officer including, but not limited to, the board of adjustment, planning commission or the
city council, following an open record hearing on a project permit application when the appeal is
2
EXHIBIT A
on the record with no or limited new evidence or information allowed to be submitted and only
appeal argument allowed.
C. “Excavation permits” mean those permits issued pursuant to the following chapters of the
EWMC as now exist or as may be hereafter amended:
1. Chapter 12.04, Public Right-of-Way Excavation.
D. “Exterior boundaries” includes all property located adjacent to the area of a proposed project
action subject to a project permit, and located adjacent to other property owned by the project
permit applicant, which property is located adjacent to the proposed project permit property
boundary.
E. “Local government” means the city of East Wenatchee.
F. “Open record hearing” means a hearing conducted by a single hearing body or officer
including, but not limited to, the board of adjustment or planning commission, authorized by the
city council to conduct such hearings, that creates the city’s record through testimony and
submission of evidence and information, under procedures prescribed under Chapter 19.05
EWMC. An open record hearing may be held prior to the city’s decision on a project permit to be
known as an “open record predecision hearing.” An open record hearing may be held on an
appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing
has been held on the project permit.
G. “Parties of record” means:
1. The applicant;
2. Any person who testified at the open record public hearing on the application and/or;
3. Any person who submitted written comments concerning the application at the open
record public hearing (excluding persons who have only signed petitions or mechanically
produced form letters).
H. “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, building permits,
subdivisions, binding site plans, planned unit developments, conditional uses, shoreline
substantial development permits, site plan review, permits or approvals required by critical area
ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but
excluding the adoption or amendment of a comprehensive plan, subarea plan, or development
regulations except as otherwise specifically included in this subsection.
I. “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 the city’s decision. A public meeting may include, but is not limited to, a design review or
architectural control board meeting, a special review district or city 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 city’s project permit application file. (Ord. 96-5 § 1,
1996)
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EXHIBIT A
19.01.010 Procedures for processing project permits.
A. Classification. For the purpose of project permit processing, all development permit
applications shall be classified as one of the following: Type I (A and B), Type II (A and B), Type
III or Type IV (A and B). Legislative decisions are Type V actions, and are addressed in EWMC
19.01.050. Exceptions from the requirements of project permit application processing are
contained in EWMC 19.01.070.
B. Omission or Subsequent Enactment. In the event a development permit required by the city
has been omitted or has been adopted by the city council after the effective date of the
ordinance codified in this title, and another specific procedure is not required by law, the director
shall classify the application as one of the four procedure types, Type I (A and B), Type II (A and
B), Type III or Type IV (A and B) as set forth in EWMC 19.01.030(B) and (C). (Ord. 96-5 § 1,
1996)
19.01.020 Determination of proper procedure type.
A. Determination by Director. The planning director or his/her designee (hereinafter the
“director”), shall determine the proper procedure type for all project permit applications. If there
is a question as to the appropriate procedure type, the director shall resolve it in favor of the
higher procedure type number. The act of classifying an application for procedure type shall be
a Type IA action; and subject to reconsideration and appeal at the same time and in the same
way as the merits of the project permit application in question.
B. Optional Consolidated Permit Processing.
1. Unless otherwise required, where the city must approve more than one project permit
application for a given development, two or more project permit applications required for the
development may be simultaneously submitted by the applicant for review at one time
under a single permit processing review procedure (“consolidated permit review”). If an
applicant elects the consolidated permit review process by the simultaneous submission of
two or more applications: (1) the applications shall be reviewed and processed under the
highest numbered procedure type that applies to any of the applications; and (2) the
determination of completeness (EWMC 19.02.030); notice of application (EWMC
19.02.040); and notice of final decision (EWMC 19.05.070) shall include all project permits
being reviewed through the consolidated review process. If project permit applications for
any such development are not submitted under this optional consolidated permit review
process, the highest numbered type procedure must be processed prior to the subsequent
lower numbered procedure type.
2. Applications processed in accordance with subsection B of this section which have the
same highest numbered procedure but are assigned different hearing bodies shall be heard
collectively by the highest decision-maker(s) applicable to such applications. Decision
bodies in order of ranking are as follows: The city council is the highest, followed by the
planning commission or shoreline hearings board or board of adjustment, as applicable, and
then the director. Joint public hearings with other agencies shall be processed according to
EWMC 19.01.040. (Ord. 96-5 § 1, 1996)
19.01.030 Project permit application framework.
A. Definitions. For purposes of this section:
1. “Director” means either the planning director or the code compliance officer or their
respective authorized designees.
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EXHIBIT A
2. “Hearing body” means city council, planning commission, shoreline hearings board or
board of adjustment.
B. Action Type.
TYPE IA TYPE
IB TYPE IIA TYP
E IIB TYPE III TYPE IVA
TYP
E
IVB
TYPE V
Excavation
permits
without
SEPA review
Buildin
g
permits
without
SEPA
or site
plan
review
Building
permits with
SEPA review
or site plan
review
Short
plat
Variance Planned area
districts
Final
plat
Comprehensiv
e plan
amendments
Boundary
line
adjustments
Critical areas
alterations
permits
Conditiona
l use
permits
Required
public
improvements,
modifications,
deferments
and waivers
Development
regulations
and
amendments
thereto
Home
occupations
Reasonable
use requests
in critical
areas
Subdivision
preliminary
plat; plat
vacations and
alterations
Area-wide
rezone
Minor
amendments
to planned
unit
development
s
Specific
binding site
plan
Site
rezone/planne
d unit
developments
Annexations
Excavation
permit with
SEPA review
Shoreline
conditional
use permit;
shoreline
variance
Administrativ
e
interpretation
s
Shoreline
substantial
development
permits
General
binding site
plan
C. Decisions.
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EXHIBIT A
PROCEDURE PROJECT PERMIT APPLICATIONS (TYPE I –
IV)
LEGISLATI
VE
TYPE
IA TYPE IB TYPE
IIA
TYPE
IIB TYPE III TYPE IVA TYPE
IVB TYPE V
Recommend
ation made
by:
N/A N/A N/A N/A N/A Hearing
body
N/A Planning
commission
Final
decision
made by:
Direct
or
Code
complia
nce
officer
Director
or
technica
l review
committ
ee if site
plan
review
Director Board of
adjustm
ent
City council City
counc
il
City council
Notice of
application:
No No No No Yes Yes Yes No
Open record
public
hearing:
No No Only if
appeale
d, open
record
hearing
before
board of
adjustm
ent
Only if
appeale
d, open
record
hearing
before
board of
adjustm
ent
Yes,
before
board of
adjustm
ent to
render
final
decision
Yes, before
hearing
body to
make
recommend
ation to city
council
No Yes, before
planning
commission
to make
recommend
ation to city
council
Closed
record
appeal/final
decision:
No Only if
appeale
d, then
before
board of
adjustm
ent
No No No Yes, before
city council
to render
final
decision
Yes,
before
city
counc
il to
rende
r final
decisi
on
Yes, or city
council
could decide
to hold its
own open
record
hearing
Judicial
appeal:
Yes Yes Yes Yes Yes Yes Yes Yes
(Ord. 97-12 §§ 1, 2, 3, 1997; Ord. 96-5 § 1, 1996)
19.01.040 Joint public hearings.
A. Director’s Decision to Hold Joint Hearing. The director 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 of this section are met.
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EXHIBIT A
B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on
a permit application(s) be combined as long as the joint hearing can be held within the time
periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if
that additional time is needed in order to combine the hearings.
C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local,
state, regional, federal or other agency and the city, as long as:
1. The other agency is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice
requirements as set forth in statute, ordinance, or rule; and
3. The agency has received the necessary information about the proposed project from the
applicant in enough time to hold its hearing at the same time as the local government
hearing. (Ord. 96-5 § 1, 1996)
19.01.050 Legislative decisions.
A. Decisions. The following decisions are legislative, and are not subject to the procedures in
this chapter, unless otherwise specified:
1. Zoning code and development regulations and amendments to development regulations
(for the purposes of this section, “development regulations” are as defined in RCW
36.70A.030(7), as now exists or as may be hereafter amended);
2. Area-wide rezones to implement new city policies;
3. Adoption of the comprehensive plan and any plan amendments; and
4. Annexations.
B. Planning Commission. The planning commission shall hold a public hearing and make
recommendations to the city council on the decisions in this section. The public hearing shall be
held in accordance with the requirements of Chapter 19.05 EWMC.
C. City Council. The city council may consider the planning commission’s recommendation in a
public hearing held in accordance with the requirements of Chapter 19.05 EWMC.
D. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as
set forth in EWMC 19.03.030(B)(4).
E. Implementation. The city council’s decision shall become effective by passage of an
ordinance or resolution. (Ord. 96-5 § 1, 1996)
19.01.060 Legislative enactments not restricted.
Nothing in this chapter or the project permit processing procedures shall limit the authority of the
city council to make changes to the city’s comprehensive plan or to make changes to the city’s
development regulations. See Chapter 19.08 EWMC, Comprehensive Plan and Development
Regulation Amendments. (Ord. 96-5 § 1, 1996)
19.01.070 Exemptions from project permit application processing.
A. Whenever a permit or approval in this code has been designated as a Type I, II, III or IV
permit, the procedures in this title shall be followed in project permit processing. The following
permits or approvals are specifically excluded from the procedures set forth in this title:
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EXHIBIT A
1. Landmark designations;
2. Street vacations under Chapter 35.79 RCW;
3. Street use permits;
4. Other approvals relating to the use of public areas; and
5. Other project permits, whether administrative or quasi-judicial that the city council has
determined by resolution present special circumstances that warrant a different review
process.
B. Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments, other
construction permits, or similar administrative approvals which are categorically exempt from
environmental review under SEPA (Chapter 43.21C RCW) and EWMC Title 18 (SEPA), or
permits/approvals for which environmental review has been completed in connection with other
project permits, are excluded from the following project permit processing procedures:
1. Notice of application (EWMC 19.02.040);
2. Except as provided in RCW 36.70B.140, optional consolidated project permit review
processing (EWMC 19.01.020(B));
3. Joint public hearings (EWMC 19.01.040);
4. Single report stating all the decisions and recommendations made as of the date of the
report that do not require an open record hearing (EWMC 19.05.020(C));
5. Notice of decision (EWMC 19.05.080). (Ord. 96-5 § 1, 1996)
19.01.080 Administrative interpretations.
A decision as to the meaning, application or intent of any development regulation, as it relates to
a specific piece of property may be requested by an applicant, staff, or a citizen at any time prior
to a final decision on a project permit application to which the development regulation may be
applied. The request shall be on a form provided by the responsible official and include
identification of the regulation in question, a description of the property and a clear statement of
the issue or question to be decided. The responsible official shall issue a written interpretation
within a reasonable time, but no more than 14 working days after receipt of the completed form,
and file a copy in a book or binder for such interpretations readily available to the public at the
appropriate departments’s service counter.
A. The planning director or his/her designee shall interpret the provision of EWMC Titles 16, 17
and 18.
B. The code compliance officer shall interpret the provisions of EWMC Title 15.
C. The street superintendent shall interpret the provisions of EWMC Title 12. (Ord. 96-5 § 1,
1996)
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EXHIBIT A
Chapter 19.02
PROCESSING OF PROJECT PERMIT APPLICATIONS
Sections:
19.02.010 Preapplication conference.
19.02.020 Project permit application.
19.02.030 Submission and acceptance of application.
19.02.040 Notice of application.
19.02.050 Referral and review of project permit applications.
19.02.010 Preapplication conference.
A. Applications for project permits involving Type III and Type IVA actions shall not be accepted
by the director unless the applicant has requested and attended a preapplication conference.
The purpose of the preapplication conference is to acquaint the applicant with the requirements
of this code and project review procedures, and for city staff to be acquainted with the proposed
application for purposes of determining appropriate review procedures and facilitating the
application and project review process. In order to ensure that the preapplication conference is
meaningful, the applicant must provide all information requested on the form required by the
director.
B. The conference shall be held no more than 15 calendar days following the filing of a written
request for a preapplication conference with the director, on the form provided by the director.
C. At the conference or within five working days of the conference, the applicant may request
that the director provide the applicant with the following information:
1. A form which lists the requirements for a completed application;
2. A general summary of the procedures and timelines 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, as preliminarily identified at the preapplication
conference;
4. The city’s design guidelines.
D. It is impossible for the conference to be an exhaustive review of all potential issues. The
discussions at the conference or the information sent by the city to the applicant under
subsection C of this section, shall not bind or prohibit the city’s future application or enforcement
of all applicable laws.
E. Preapplication conferences for all other types of applications are optional, and requests for
conferences will be considered on a time-available basis by the director. (Ord. 96-5 § 1, 1996)
19.02.020 Project permit application.
Applications for project permits shall be submitted to the city upon forms provided by the
director. An application shall consist of all materials required by the applicable development
regulations for the specific permit(s) sought, and in addition to, shall include, but is not limited to,
the following general information:
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EXHIBIT A
A. A completed project permit application form;
B. A sworn statement made before a notary public and under penalty of perjury 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 consent of all owners of the affected
property;
C. A property and/or legal description of the site for all applications, as required by the
applicable development regulations;
D. The applicable fee as established by city council ordinance or resolution;
E. Evidence of adequate water supply as required by RCW 19.27.097;
F. Evidence of ability to comply with requirements of East Wenatchee water district;
G. Evidence of ability to comply with requirements of Douglas County sewer district or the
Chelan-Douglas health district when septic systems are proposed;
H. Information on the capacity of existing storm water conveyance and control facilities; and
I. Designation by name, street and mailing address, telephone number, and relationship to the
applicant, of the person to receive all determinations and notices required by this chapter. (Ord.
96-5 § 1, 1996)
19.02.030 Submission and acceptance of application.
A. Determination of Completeness. Within 28 calendar days after actual receipt of a project
permit application as evidenced by the date stamped on the face thereof by the city, the city
shall mail or personally provide a written 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. Project permit applications shall be date stamped upon
receipt by the city. Applications received after 5:00 p.m. shall be date stamped the next
business day. If an applicant has elected the optional consolidated permit review process under
EWMC 19.01.020, all applications consolidated for review will be covered under a single
determination of completeness. If the application for any of such applications is incomplete, a
determination that the application is incomplete shall be issued to the applicant.
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 subsection A of this section.
C. Additional Information. A project permit application is complete for purposes of this section
when it meets the submission requirements in EWMC 19.02.020, as well as the submission
requirements contained in the applicable development regulations. This determination of
completeness shall be made when the application is sufficient for continued processing even
though additional information may be required or project modifications may be undertaken
subsequently. The city’s determination of completeness shall not preclude the city from
requesting additional information or studies either at the time of the notice of completeness or at
some later time, if new information is required or where there are substantial changes in the
proposed action.
D. Incomplete Application Procedure.
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EXHIBIT A
1. If the applicant is issued a written determination from the city that an application is not
complete, the applicant shall have 90 calendar days from date of personal delivery or date
of mailing by the city to submit the required information to the city. Within 14 calendar days
after an applicant has submitted the requested additional information, the city shall remake
the determination as to completeness in the manner described in subsection A of this
section. If the applicant again receives a determination of incompleteness, the procedure
described in this subsection shall be repeated and may be repeated as required by
subsequent determination of incompleteness until a determination that the application is
complete is issued in the manner described in subsection A of this section.
2. If the applicant either refuses in writing to submit the required additional information
within the 90-calendar-day period, the director shall make findings and issue a decision,
according to the Type IA procedure in EWMC 19.01.030, that the application has lapsed for
failure to meet the time requirements set forth herein.
3. Where the director has made a determination that the application has lapsed because the
applicant has failed to subsequently submit the required information within the necessary
time period, the applicant may request a refund of the unused portion of the application fee
for staff time expended as determined in the sole discretion of the director.
E. City’s Failure to Provide 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 subsection (A) or (D)(1), of this
section.
F. Date of Completeness of Application. When the project permit application is complete,
whether due to a determination of completeness issued under subsection A or E of this section,
the director shall note the date of completeness on the application. (Ord. 96-5 § 1, 1996)
19.02.040 Notice of application.
A. Generally. A notice of application shall be issued on all Type III and IV project permit
applications.
B. SEPA.
1. 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
predecision hearing is required.
2. Integration with Permit Procedures. Environmental review under Chapter 43.21C RCW
and EWMC Title 18 shall be integrated with the procedures described in this section as
follows:
a. Except for a determination of significance, the city may not issue its threshold
determination, or issue a decision or a recommendation on a project permit until the
expiration of the public comment period on the notice of application.
b. If an open record predecision hearing is required and the city’s threshold
determination requires public notice under Chapter 43.21C RCW and EWMC Title 18,
the city shall issue its threshold determination at least 15 calendar days prior to the
open record predecision hearing.
c. Comments shall be as specific as possible.
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EXHIBIT A
3. Determination of Significance. If the city has made a determination of significance under
Chapter 43.21C RCW and EWMC Title 18 concurrently with the notice of application, the
notice of application shall 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.
C. Contents. The notice of application shall include:
1. The date of application, the date of the notice of completion for the application and the
date of the notice of application;
2. A description of the proposed project action and a list of the project permits included in
the application and, if applicable, a list of any studies requested under RCW 36.70B.070;
3. The identification of other permits not included in the application, to the extent known by
the city;
4. The identification of existing environmental documents that evaluate the proposed
project, and, if not otherwise stated on the document providing the notice of application, the
location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall be not less than 14
nor more than 30 days following the date of notice of application, and statements of the right
of any person to comment on the application, receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal fights;
6. The date, time, place and type of hearing, if applicable and scheduled at the date of
notice of the application;
7. A statement of the preliminary determination of consistency, if one has been made at the
time of notice, and of those development regulations that will be used for project mitigation
and of consistency as provided in Chapter 19.04 EWMC;
8. Any other information determined appropriate by the city, such as the city’s threshold
determination, if complete at the time of issuance of the notice of application.
D. Time Frame for Issuance of Notice of Application.
1. Within 14 days after the city has made a determination of completeness of a project
permit application, the city shall issue a notice of application in the manner provided in
subsection E of this section.
2. If any open record predecision hearing is required for the requested project permit(s), the
notice of application shall be provided to the public at least 15 days prior to the open record
hearing.
E. Methods for Notice. The notice of application shall be given to the public and to agencies with
jurisdiction as follows:
1. By publication per EWMC 19.03.010;
2. Notifying public, private groups and the news media that have requested such notice in
writing for that calendar year;
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EXHIBIT A
3. Mailed notice to the latest recorded real property owners as shown by the records of the
county assessor within at least three hundred feet of the exterior boundary of the property
upon which the project is proposed;
4. Mailed notice to known agencies with jurisdiction. This requirement may be satisfied by
publishing notice in the agencies’ newsletters or sending notice to an agency mailing list.
F. Public Comment on the Notice of Application. All public comments received on the notice of
application must be received by the director at City Hall, 271 Ninth Street NE, East Wenatchee,
Washington 98802, by 5:00 p.m. on the last day of the comment period. Comments may be
mailed, personally delivered or sent by facsimile.
G. Limitation. Except for a determination of significance, the city may not issue its threshold
determination or issue a decision or recommendation on a project permit until the expiration of
the public comment period on the notice of application. (Ord. 96-5 § 1, 1996)
19.02.050 Referral and review of project permit applications.
Within 10 calendar days of accepting a complete application, the director shall do the following:
A. Transmit a copy of the application, or appropriate parts of the application, to each affected
agency and city department for review and comment, including those responsible for
determining compliance with state and federal requirements. The affected agencies and city
departments shall have 15 calendar days to comment. The referral agency or city department is
presumed to have no comments if comments are not received within the specified time period.
The director shall grant an extension of time for comment only if the application involves
unusual circumstances. Any extension shall only be for a maximum of three additional days.
B. In addition to the procedure set forth in subsection A of this section, the director may
schedule a meeting of the project permit processing committee, which committee shall be
comprised of at least one city staff member from each of the following departments: (1)
planning, (2) public works, (3) building. Each department head shall designate the staff member
who will participate in the project permit processing committee. The committee shall meet in
order to provide joint review and comment on any project permit application.
C. If a Type III procedure is required, notice and hearing shall be provided as set forth in
Chapter 19.03 EWMC. (Ord. 96-5 § 1, 1996)
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EXHIBIT A
Chapter 19.03
PUBLIC NOTICE
Sections:
19.03.010 Required public notice of application.
19.03.020 Optional public notice.
19.03.030 Notice of public hearing.
19.03.010 Required public notice of application.
A. In addition to the notice of application required for Type III and IV project permits, as
described in EWMC 19.02.040, the city shall also provide public notice of any other project
permit application not exempt from the procedures of this title by EWMC 19.01.070 by
publication in the city’s official newspaper.
1. Published Notice. Published notice shall include at least the project location, description,
type of permit(s) required, comment period dates, and location where the complete
application may be reviewed, published in the city’s official newspaper of general circulation
in the general area where the proposal is located.
2. Shoreline Master Program Permits.
a. Methods of Providing SMP Notice. Notice of the application for a permit under the
purview of the city’s shoreline master program (SMP) shall be given by at least one of
the following methods:
(1) Mailing of the notice to the occupants and the latest recorded real property
owners as shown by the records of the county assessor within at least 300 feet of the
exterior boundary of the property upon which the substantial development is
proposed; provided, that if condominiums are located within the area or within 300
feet of the exterior boundaries of said area, notice shall be mailed to the
condominium association, if one exists or, alternatively, to the manager of each
condominium building;
(2) Posting of the notice in a conspicuous manner on the property upon which the
project is to be constructed pursuant to the standards set out in EWMC 19.03.020; or
(3) Any other manner deemed appropriate by the city to accomplish the objectives of
reasonable notice to adjacent landowners and the public.
b. Content of SMP Notice. The notices shall include:
(1) A statement that any person desiring to submit written comments concerning an
application, or desiring to receive notification of the final decision concerning an
application as expeditiously as possible after issuance of the decision, may submit
the comments or requests for decisions to the city within 30 calendar days of the last
date the notice is to be published pursuant to this subsection. The city shall forward,
within two working days following issuance of the decision, a copy of the decision to
each person who submits a request for the decision.
(2) Notice of the hearing shall include a statement that any person may submit oral
or written comments on an application at the hearing.
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EXHIBIT A
(3) The public comment period shall be 20 days. The notice shall state the manner in
which the public may obtain a copy of the city’s decision on the application no later
than two days following its issuance. (Ord. 96-5 § 1, 1996)
19.03.020 Optional public notice.
In addition to the required methods of notice, and as optional methods of providing public notice
of any project permits, the city may:
A. Notify the public or private groups with known interest in a certain proposal or in the type of
proposal being considered;
B. Notify the news media;
C. Place notices in appropriate regional or neighborhood newspapers or trade journals;
D. Publish notice in agency newsletters or sending notice to agency mailing lists, either general
lists or lists for specific proposals or subject areas;
E. Mail to neighboring property owners; or
F. Post the property as follows:
1. Posting of the property for site-specific proposals shall consist of one or more notice
boards as follows:
a. A single notice board shall be placed by the applicant:
(1) At the midpoint of the site street frontage or as otherwise directed by the city for
maximum visibility;
(2) Five feet inside the street property line, except when the board is structurally
attached to an existing building, provided that no notice board shall be placed more
than five feet from the street property without approval of the director;
(3) So that the top of the notice board is between seven to nine feet above grade;
and
(4) Where it is completely visible to pedestrians.
b. Additional notice boards may be required when:
(1) The site does not abut a public road;
(2) A large site abuts more than one public road; or
(3) The director determines that additional notice boards are necessary to provide
adequate public notice.
c. Notice boards shall be:
(1) Maintained in good condition by the applicant during the notice period;
(2) In place at least 30 calendar days prior to the date of hearing, or at least 15
calendar days prior to the end of any required comment period;
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EXHIBIT A
(3) Removed within 15 calendar days after the end of the notice period.
d. Removal of the notice board prior to the end of the notice period may be cause for
discontinuance of the director’s review until the notice board is replaced and remains in
place for the specified time period.
e. An affidavit of posting shall be submitted to the director by the applicant prior to the
hearing or final comment date. If the affidavits are 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.
f. Notice boards shall be constructed and installed in accordance with specifications
promulgated by the department of planning and building.
G. The city’s failure to provide the optional notice as described in this subsection shall not be
grounds for invalidation of any permit decision. (Ord. 96-5 § 1, 1996)
19.03.030 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, which may be in the form of either a vicinity location
or written description, other than a legal description;
3. The date, time and place of the hearing;
4. A description of the subject property reasonably sufficient to inform the public of its
location, including but not limited to the use of a map or postal address and a subdivision lot
and block designation;
5. The nature of the proposed use or development;
6. A statement that all interested persons may appear and provide testimony;
7. The sections of the code that are pertinent to the hearing procedure;
8. When information may be examined, and when and how written comments addressing
findings required for a decision by the hearing body may be admitted;
9. The name of the city representative to contact and the telephone number where
additional information may be obtained;
10. That a copy of the application, all documents and evidence relied upon by the applicant
and applicable criteria are available for inspection at no cost and will be provided at the
applicant’s cost;
11. That a copy of the staff report will be available for inspection at no cost at least 10
calendar days prior to the hearing and copies will be provided at the applicant’s cost.
B. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
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EXHIBIT A
1. Type I and Type II Actions. No 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 according to the records of the county assessor within the area
of the proposed action and within 300 feet of the exterior boundary of the subject
property; provided, that if condominiums are located within the area or within 300 feet of
the exterior boundary of the area, notice shall be mailed to the condominium
association, if it exists or, alternatively, the condominium building manager of each
building;
c. Any person who submits written or oral comments on an application.
3. Type IV Actions. The notice of public hearing shall be mailed to all of the persons entitled
to notice as described in subsection (B)(2) of this section, and for preliminary plats and
proposed subdivisions, additional notice shall be provided as follows:
a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal
boundaries of a city or town, or which contemplates the use of any city or town utilities
shall be given to the appropriate city or town authorities.
b. Notice of the filing of a preliminary plat of a proposed subdivision located in a city or
town and adjoining the municipal boundaries thereof shall be given to the appropriate
county officials.
c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to
the right-of-way of a state highway or within two miles of the boundary of a state or
municipal airport shall be given to the Washington State Secretary of Transportation,
who must respond within 15 calendar days of such notice.
d. 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 proposed to be subdivided owns another parcel or parcels of real
property which lie adjacent to the real property proposed to be subdivided, notice under
RCW 58.17.090(2) shall be given to owners of real property located with 300 feet of any
portion of the exterior 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 subsection (C)(1) of this section and provide any other notice required by RCW
35A.12.160.
5. General Procedure for Mailed Notice of Public Hearing.
a. The records of the Douglas County assessor’s office shall be used for determining
the property owner of record. Addresses for a mailed notice required by this code shall
be obtained from the applicable county’s real property tax records. The director or
his/her designee shall issue a sworn certificate of mailing to all persons entitled to
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EXHIBIT A
notice under this chapter. The director may provide notice to other persons other than
those required to receive notice under the code.
b. All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first.
C. Procedure for Posted or Published Notice of Public Hearing.
1. Published notice is required for all Type III, IV and V procedures. The published notice
shall be published in the city’s official newspaper,
D. Time and Cost of Notice of Public Hearing.
1. Notice shall be mailed, posted and first published not less than 10 calendar days nor
more than 30 calendar days prior to the hearing date. Within 15 calendar days following
the public hearing, the applicant shall remove any posted notice.
2. The city shall collect a nonrefundable fee from an applicant to cover the cost of meeting
the public notice requirements of this chapter relating to the applicant’s proposal. The city
council shall set the amount of the nonrefundable fee by resolution. (Ord. 07-11 § 12, 2007;
Ord. 96-5 § 1, 1996)
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EXHIBIT A
Chapter 19.04
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA
Sections:
19.04.010 Determination of consistency.
19.04.020 Initial SEPA analysis.
19.04.030 Categorically exempt and planned actions.
19.04.010 Determination of consistency.
A. Purpose. When the city receives a project permit application, consistency between the
proposed project and the applicable regulations and comprehensive plan shall be determined
through the process in this chapter.
B. Consistency. During project permit application review, the city shall determine whether the
items listed in this subsection are defined in the development regulations applicable to the
proposed project. In the absence of applicable development regulations, the city shall determine
whether the items listed in this subsection are defined in the city’s adopted comprehensive plan.
This determination of consistency shall include the following:
1. The type of land use permitted at the site, including uses that may be allowed under
certain circumstances, such as but not limited to planned unit developments and conditional
and special uses, if the criteria for their approval have been satisfied;
2. The level of development, such as units per acre, density of residential development in
urban growth areas, or other measures of density;
3. Availability and adequacy of infrastructure and public facilities identified in the
comprehensive plan, if the plan or development regulations provide for funding of these
facilities as required by Chapter 36.70A RCW; and
4. Character of the development, such as but not limited to development standards. (Ord.
96-5 § 1, 1996)
19.04.020 Initial SEPA analysis.
A. The city shall also review the project permit application under the requirements of the State
Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA rules, Chapter 197-11
WAC, and the city environmental policy ordinance, Chapter 18.06 EWMC, and shall:
1. Determine whether the applicable regulations require studies that adequately analyze all
of the project permit application’s specific probable adverse environmental impacts (see
subsection D of this section for how determination is made);
2. Determine if the applicable regulations require 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 for prompt and coordinated review by government agencies and the public on
compliance with applicable environmental laws and plans, including mitigation for specific
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EXHIBIT A
project impacts that have not been considered and addressed at the plan or development
regulation level.
B. In its review of a project permit application, the city may determine that the requirements for
environmental analysis, protection and mitigation measures in the applicable development
regulations, comprehensive plan and/or in other applicable local, state or federal laws provide
adequate analysis of and mitigation for the specific adverse environmental impacts of the
application.
C. If the city’s comprehensive plans, subarea plans and development regulations adequately
address a project’s specific adverse environmental impacts, as determined under subsections A
and B of this section, it shall not impose additional mitigation under SEPA during project review.
D. A comprehensive plan, subarea plan, development regulation or other applicable local, state
or federal law permits 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 city has designated as acceptable certain levels of service, land use designations,
development standards or other land use planning required or allowed by Chapter 36.70A
RCW.
E. In its decision whether a specific adverse environmental impact has been addressed by an
existing rule or law of another agency with jurisdiction and with environmental expertise with
regard to a specific environmental impact, the city shall consult orally or in writing with that
agency and may expressly defer to that agency. Any oral consultation shall be documented in
the project permit file. In making this deferral, the city 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 city in its review or mitigation of a project to
adopt or otherwise rely on environmental analyses and requirements under other laws, as
provided by Chapter 43.21C RCW.
G. The city shall also review the application under Chapter 18.06 EWMC, the city environmental
policy ordinance. (Ord. 96-5 § 1, 1996)
19.04.030 Categorically exempt and planned actions.
A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not
require environmental review or the preparation of an environmental impact statement. An
action that is categorically exempt under the rules adopted by the Department of Ecology
(Chapter 197-11 WAC) may not be conditioned or denied under SEPA.
B. Planned Actions.
1. A planned action does not require a threshold determination or the preparation of an
environmental impact statement under SEPA, but is subject to environmental review and
mitigation under SEPA.
2. A “planned action” means one or more types of project action that:
a. Are designated planned actions by an ordinance or resolution adopted by the city;
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EXHIBIT A
b. Have had the significant impacts adequately addressed in an environmental impact
statement prepared in conjunction with:
(1) A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or
(2) A fully contained community, a master planned resort, a master planned
development or a phased project;
c. Are subsequent or implementing projects for the proposals listed in subsection
(B)(2)(b) of this section;
d. Are located within an urban growth area, as defined in RCW 36.70A.030;
e. Are not essential public facilities, as defined in RCW 36.70A.200; and
f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A
RCW.
C. Limitations on Planned Actions. The city shall limit planned actions to certain types of
development or to specific geographical areas that are less extensive than the jurisdictional
boundaries of the city, and may limit a planned action to a time period identified in the
environmental impact statement or in the ordinance or resolution designating the planned action
under RCW 36.70A.040.
D. Limitations on SEPA Review. During project reviews, the city shall not reexamine alternatives
to or hear appeals on the items identified in EWMC 19.04.010(B), except for issues of code
interpretation. Project review shall be used to identify specific project design and conditions
relating to the character of development, such as but not limited to, the details of site plans, curb
cuts, drainage, the payment of impact fees, or other measures to mitigate a proposal’s probable
adverse environmental impacts. (Ord. 96-5 § 1, 1996)
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EXHIBIT A
Chapter 19.05
OPEN RECORD PUBLIC HEARINGS
Sections:
19.05.010 General.
19.05.020 Responsibility of director for hearing.
19.05.030 Conflict of interest.
19.05.040 Ex parte communications.
19.05.050 Burden and nature of proof.
19.05.060 Order of proceedings.
19.05.070 Findings and notice of decision.
19.05.080 Calculation of time periods for issuance of notice of final decision.
19.05.010 General.
Open record public hearings on all Type II, III and IV project permit applications, shall be
conducted in accordance with this chapter. (Ord. 96-5 § 1, 1996)
19.05.020 Responsibility of director for hearing.
The director shall:
A. Schedule an application for review and public hearing;
B. Give notice;
C. Prepare the staff report on the application, which shall be a single report stating all of the
decisions made as of the date of the report, including recommendations on project permits in
the consolidated permit process that do not require an open record predecision hearing. The
report shall state any mitigation required or proposed under the development regulations or the
city’s authority under SEPA. If the threshold determination other than a determination of
significance has not been issued previously by the city, the report shall include or append this
determination. In the case of a Type I or II project permit application, this report may be the
permit;
D. Prepare the notice of decision, if required by the hearing body and/or mail a copy of the
notice of decision to those required by this code to receive such decision. (Ord. 96-5 § 1, 1996)
19.05.030 Conflict of interest.
The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as
set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exist or as may be
hereafter amended. (Ord. 96-5 § 1, 1996)
19.05.040 Ex parte communications.
A. Quasi-judicial land use decisions of the hearing body shall be subject to Chapter 42.36 RCW,
Appearance of Fairness, as the same now exists or as may be hereafter amended.
B. No member of the hearing body may be disqualified by the appearance of fairness doctrine
for conducting the business of his or her office with any constituent on any matter other than a
quasi-judicial action then pending before the hearing body.
C. Prior to declaring as a candidate for public office or while campaigning for public office as
defined by RCW 42.17.020(5) and (25), as now exist or as may be hereafter amended, no
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EXHIBIT A
public discussion or expression of an opinion by a person subsequently elected to a public
office, on any pending or proposed quasi-judicial actions, shall be a violation of the appearance
of fairness doctrine.
D. During the pendency of any quasi-judicial proceeding, no member of a decision-making body
may engage in ex parte communications with opponents or proponents with respect to the
proposal which is the subject of the proceeding unless that person:
1. Places on the record the substance of any written or oral ex parte communications
concerning the decision or action;
2. Provides that a public announcement of the content of the communication and of the
parties’ rights to rebut the substance of the communication shall be made at each hearing
where action is considered or taken on the subject to which the communication related. This
prohibition does not preclude a member of a decision-making body from seeking in a public
hearing specific information or date from such parties relative to the decision if both the
request and the results are a part of the record. Nor does such prohibition preclude
correspondence between a citizen and his or her elected official if any such correspondence
is made a part of the record when it pertains to the subject matter of a quasi-judicial
proceeding.
E. Anyone seeking to rely on the appearance of fairness doctrine to disqualify a member of a
decision-making body from participating in a decision must raise the challenge as soon as the
basis for disqualification is made known to the individual. Where the basis is known or should
reasonably have been known prior to the issuance of a decision and is not raised, it may not be
relied on to invalidate the decision.
F. In the event of a challenge to a member or members of the hearing body which would cause
a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any
such challenged member(s) shall be permitted to fully participate in the proceeding and vote as
though the challenge had not occurred, if the member or members publicly disclose the basis
for disqualification prior to rendering a decision. Such participation shall not subject the decision
to a challenge by reason of violation of the appearance of fairness doctrine.
G. Except for Type V actions, a member absent during the presentation of evidence in a hearing
may not participate in the deliberations or decision unless the member has reviewed the
evidence received. (Ord. 96-5 § 1, 1996)
19.05.050 Burden and nature of proof.
Except for Type V actions, the burden of proof for demonstrating compliance with development
regulations and consistency with SEPA is on the applicant. The project permit application must
be supported by proof that it conforms to the applicable elements of the city’s development
regulations, comprehensive plan and that any significant adverse environmental impacts have
been adequately addressed. (Ord. 96-5 § 1, 1996)
19.05.060 Order of proceedings.
The order of proceedings for a hearing will depend in part on the nature of the hearing. The
following shall be supplemented by administrative procedures as appropriate.
A. Before receiving information on the issue, the following shall be determined:
1. Any objections on jurisdictional grounds shall be noted on the record and if there is
objection, the hearing body has the discretion to proceed or terminate.
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EXHIBIT A
2. Any abstentions or disqualifications shall be determined.
B. The presiding officer may take official notice of known information related to the issue, such
as:
1. A provision of any ordinance, resolution, rule, officially adopted development standard or
state law;
2. Other public records and facts judicially noticeable by law.
C. Matters officially noticed need not be established by evidence and may be considered by the
hearing body in its determination. Parties requesting notice shall do so on the record. However,
the hearing body may take notice of matters listed in subsection B of this section if stated for the
record. Any matter given official notice may be rebutted.
D. The hearing body may view the area in dispute with or without notification to the parties, but
shall place the time, manner and circumstances of such view on the record.
E. Information shall be received from the staff and from proponents and opponents. The
presiding officer may approve or deny a request from a person attending the hearing to ask a
question. Unless the presiding officer specifies otherwise, if the request to ask a question is
approved, the presiding officer will direct the question to the person submitting testimony.
F. When the presiding officer has closed the public hearing portion of the hearing, the hearing
body shall openly discuss the issue and may further question a person submitting information or
the staff if opportunity for rebuttal is provided. (Ord. 96-5 § 1, 1996)
19.05.070 Findings and notice of decision.
A. Following the hearing procedure described in this chapter, the hearing body shall approve,
conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall
affirm, reverse or remand the decision that is on appeal.
B. The hearing body’s written decision shall issue within 10 days after the hearing on the project
permit application. The notice of final decision shall issue within 120 days after the city notifies
the applicant that the application is complete. The time frames set forth in this section and
EWMC 19.05.080 shall apply to project permit applications filed on or after April 1, 1996.
C. The city shall provide a notice of decision that also includes a statement of any threshold
determination made under SEPA (Chapter 43.21C RCW) and the procedures for administrative
appeal, if any. For Type II, III and IV project permits, the notice of decision on the issued permit
shall contain the requirements set forth in EWMC 19.04.020(A).
D. The notice of decision shall be provided to the applicant and to any person who, prior to the
rendering of the decision, requested notice of the decision or submitted substantive comments
on the application.
E. The notice of decision shall be provided to the public as set forth in EWMC 19.03.010(A)(1)
by publication.
F. If the city is unable to issue its final decision on a project permit application within the time
limits provided for in this section, it shall provide written notice of this fact to the project
applicant. The notice shall include a statement of reasons why the time limits have not been met
and an estimated date for issuance of the notice of decision.
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EXHIBIT A
G. The notice of decision shall include a statement that affected property owners may request a
change in valuation for property tax purposes notwithstanding any program of revaluation. The
city shall send a copy of the notice of decision to the Douglas County assessor’s office. (Ord.
97-12 § 4, 1997; Ord. 96-5 § 1, 1996)
19.05.080 Calculation of time periods for issuance of notice of final decision.
A. In determining the number of days that have elapsed after the local government has notified
the applicant that the application is complete for purposes of calculating the time for issuance of
the notice of final decision, the following periods shall be excluded:
1. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional required information. The period shall be
calculated from the date the city notifies the applicant of the need for additional information
until the earlier of the date the city determines whether the additional information satisfies
the request for information or 14 days after the date the information has been provided to
the city;
2. If the city determines that the information submitted by the applicant under subsection
(A)(1) of this section is insufficient, it shall notify the applicant of the deficiencies and the
procedures under subsection (A)(1) of this section shall apply as if a new request for studies
had been made;
3. Any period during which an environmental impact statement is being prepared following a
determination of significance pursuant to Chapter 43.21C RCW, if the city by ordinance has
established time periods for completion of environmental impact statements, or if the city
and the applicant in writing agree to a time period for completion of an environmental impact
statement;
4. Any period for administrative appeals of project permits, if an open record appeal hearing
or a closed record appeal, or both, are allowed. The time period for consideration and
decision on appeals shall not exceed:
a. Ninety (90) days for an open record appeal hearing; and
b. Sixty (60) days for a closed record appeal;
The parties may agree to extend these time periods;
5. Any extension of time mutually agreed upon by the applicant and the city in writing.
B. The time limits established in this title do not apply if a project permit application:
1. Requires an amendment to the comprehensive plan or a development regulation;
2. Requires approval of the siting of an essential public facility as provided in RCW
36.70A.200;
3. Is an application for a permit or approval described in EWMC 19.01.070; or
4. Is substantially revised by the applicant, in which case the time period shall start from the
date at which the revised project application is determined to be complete under RCW
36.70B.070 and EWMC 19.02.020 and 19.02.030. (Ord. 96-5 § 1, 1996)
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EXHIBIT A
Chapter 19.06
CLOSED RECORD DECISIONS
AND APPEALS
Sections:
19.06.010 Appeals of decisions.
19.06.020 Consolidated appeals.
19.06.030 Standing to initiate administrative appeal.
19.06.040 Closed record decisions and appeals – Type I, II, III or IV project permit decisions
or recommendation.
19.06.050 Procedure for closed record decision/appeal.
19.06.060 Judicial appeals.
19.06.010 Appeals of decisions.
Project permit applications shall be appealable as provided in the framework in EWMC
19.01.030. (Ord. 96-5 § 1, 1996)
19.06.020 Consolidated appeals.
A. All appeals of project permit application decisions, other than an appeal of determination of
significance (“DS”), shall be considered together in a consolidated appeal. DS appeals may be
appealed before a final decision on the proposed action as set forth in RCW 43.21C.075, as the
same exists now or as may be hereafter amended under the procedures set forth in Chapter
18.06 EWMC
B. Appeals of environmental determinations under SEPA and Chapter 18.06 EWMC shall
proceed as provided in Chapter 18.06 EWMC. (Ord. 97-12 § 5, 1997; Ord. 96-5 § 1, 1996)
19.06.030 Standing to initiate administrative appeal.
A. Limited to Parties of Record. Only parties of record may initiate an administrative appeal of a
Type I, II, III decision or a Type IV recommendation on a project permit application.
B. Definition. The term “parties of record” for the purposes of this chapter, shall be as defined in
EWMC 19.01.005. (Ord. 96-5 § 1, 1996)
19.06.040 Closed record decisions and appeals – Type I, II, III or IV project permit
decisions or recommendation.
Appeals of the director’s, code compliance officer’s, or hearing body’s decision or
recommendation on a Type I, Type II, III or IV project permit application shall be governed by
the following:
A. Standing. Only parties of record have standing to appeal the decision.
B. Time to File. An appeal of the decision must be filed within 14 calendar days following
issuance of the written decision. Appeals may be delivered to the planning department by mail,
personal delivery or by fax before 5:00 p.m. on the last business day of the appeal period.
C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the
decision is rendered shall not be included. The last day of the appeal period shall be included
unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the city’s ordinances
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EXHIBIT A
as a legal holiday; then it also is excluded and the filing must be completed on the next city
business day.
D. Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by
council ordinance or resolution, and contain the following information:
1. Appellant’s name, address and phone number;
2. Appellant’s statement describing his or her standing to appeal;
3. Identification of the application which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is
based;
5. The relief sought, including the specific nature and extent;
6. A statement that the appellant has read the appeal and believes the contents to be true,
followed by the appellant’s signature.
E. Effect. The timely filing of an appeal shall stay the effective date of the decision until such
time as the appeal is adjudicated by the appropriate hearing body as set forth in EWMC
19.02.030, or withdrawn.
F. Notice of Appeal. The director shall provide public notice of the appeal as provided in EWMC
19.03.030(B)(2). (Ord. 97-12 § 6, 1997; Ord. 96-5 § 1, 1996)
19.06.050 Procedure for closed record decision/appeal.
A. The following subsections of this title shall apply to a closed record decision/appeal hearing:
EWMC 19.05.030, 19.05.040, 19.05.050, 19.05.060(A) through (D), and 19.05.070(A).
B. The closed record appeal/decision hearing shall be on the record before the hearing body,
and no new evidence may be presented. (Ord. 96-5 § 1, 1996)
19.06.060 Judicial appeals.
The city’s final decision on an application may be appealed by a party of record with standing to
file a land use petition in Douglas County superior court. Such petition must be filed within 21
days of issuance of the decision, as provided in Chapter 36.70C RCW as it now exists or as
may be hereafter amended. (Ord. 96-5 § 1, 1996)
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EXHIBIT A
Chapter 19.07
DEVELOPMENT AGREEMENTS
Sections:
19.07.010 Type of approval.
19.07.020 Authority.
19.07.030 General provisions of development agreements.
19.07.040 Enforceability.
19.07.050 Form of agreement, council approval, recordation.
19.07.010 Type of approval.
Development agreements shall accompany and be processed in conjunction with the underlying
project permit application, approval or annexation request. The type of project permit application
or other approval shall control the type of application. (Ord. 96-5 § 1, 1996)
19.07.020 Authority.
A. The execution of a development agreement is a proper exercise of city police power and
contract authority. The city may consider, and enter into, a development agreement with a
person having ownership or control of real property within the city limits. The city may consider a
development agreement for real property outside of the city limits but within the urban growth
area (“UGA,” as defined in RCW 36.70A.030(15), or as designated by the county pursuant to
RCW 36.70A.110) as part of a proposed annexation or a service agreement.
B. A development agreement shall be consistent with applicable development regulations
adopted by the city under Chapter 36.70A RCW. (Ord. 96-5 § 1, 1996)
19.07.030 General provisions of development agreements.
A. The development agreement must include the following:
1. The development standards and other provisions that shall apply to and govern and vest
the development, use and mitigation of the development of real property for the duration of
the agreement;
2. Project components which define and detail the allowable uses, residential densities,
commercial or nonresidential area floor area;
3. Location of buffers, landscaping or open space;
4. The amount and payment of impact fees imposed or agreed to in accordance with any
applicable provisions of state law, local ordinance, any reimbursement provisions, other
financial contributions by the property owner, inspection fees, or dedications;
5. Mitigation measures, development conditions and other requirements of Chapter 43.21C
RCW;
6. Design standards such as architectural treatment, maximum heights, setbacks,
landscaping, drainage and water quality requirements and other development features;
7. Provisions for affordable housing;
8. Parks and common open space preservation;
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EXHIBIT A
9. Review procedures and standards for implementing decisions;
10. A build-out or vesting period for application standards; and
11. Any other appropriate development requirement or procedure which is based upon a
city policy, rule, regulation or standard.
B. The development agreement shall reserve authority to impose new or different regulations to
the extent required by a serious threat to the public health or safety. (Ord. 96-5 § 1, 1996)
19.07.040 Enforceability.
Unless amended or terminated, a development agreement is enforceable during its term by a
party to the agreement. A development agreement and the development standards in the
agreement govern during the term of the agreement, or for all or that part of the specified build-
out period. The agreement may not be subject to a new or an amendment to a zoning ordinance
or development standard adopted after the effective date of the agreement, unless otherwise
provided in the agreement. Any permit or approval issued by the city after the execution of the
agreement must be consistent with the development agreement. (Ord. 96-5 § 1, 1996)
19.07.050 Form of agreement, council approval, recordation.
A. Form. All development agreements shall be in the form provided by the city attorney’s office.
The city attorney shall approve all development agreements prior to consideration by the city
council.
B. Council Approval. The city council shall only approve development agreements, or
amendments thereto, by ordinance.
C. Recordation. Development agreements shall be recorded with the real property records of
the county in which the property is located at the cost of the applicant. During the term of the
development agreement, the agreement is binding on the parties and their successors in
interest. (Ord. 96-5 § 1, 1996)
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EXHIBIT A
Chapter 19.08
COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS
Sections:
19.08.010 Purpose.
19.08.020 Type of action.
19.08.030 Suggesting amendments.
19.08.040 Identified deficiencies.
19.08.050 Docketing suggested amendments.
19.08.060 Timing and order of consideration of suggested amendments.
19.08.070 Public participation.
19.08.010 Purpose.
The purpose of this chapter is to establish the type of action and procedures for suggesting
amendments and encouraging public participation for comprehensive plan, subarea plans, and
development regulation amendments. (Ord. 96-5 § 1, 1996)
19.08.020 Type of action.
A comprehensive plan, subarea plan, or development regulation amendment is a Type V
(legislative) action and shall be considered in accordance with the procedures for such actions
as set forth in this chapter. (Ord. 96-5 § 1, 1996)
19.08.030 Suggesting amendments.
Amendments to the comprehensive plan, a subarea plan, or development regulations may be
suggested by any person, including but not limited to applicants, citizens, hearing examiners
and staff of other agencies by providing the following written information on a form approved by
the director, to meet the docketing requirements of this chapter:
A. Name, address and telephone number of the person, business, agency or other organization
suggesting, the amendment;
B. Citation of the specific text, map or other illustration suggested to be amended;
C. The suggested amendment;
D. If a suggested amendment is to a plan or to both a plan and a development regulation, a
statement of how the amendment: (1) promotes the public health, safety and welfare; (2) is
consistent with or in conflict with other portions of the comprehensive plan or subarea plan; and
(3) complies with Chapter 36.70A RCW, also known as the Growth Management Act, and the
Douglas County Countywide Planning Policies;
E. If a suggested amendment is only to the development regulations, a statement as to how the
amendment complies with the comprehensive plan. (Ord. 96-5 § 1, 1996)
19.08.040 Identified deficiencies.
If during the review of any project permit application the city identifies any deficiencies in plans
or development regulations, the identified deficiencies shall be docketed on a form as provided
in EWMC 19.08.030 above, for possible future plan or development regulation amendments.
“Deficiency” as used herein means the absence of required or potentially desirable contents of a
comprehensive plan, subarea plan, or development regulation. (Ord. 96-5 § 1, 1996)
30
EXHIBIT A
19.08.050 Docketing suggested amendments.
The director shall compile and maintain for public review a list of suggested amendments and
“identified deficiencies” to the comprehensive plan, subarea plans, and the city’s development
regulations by appropriate classification and in the order which such suggested amendments
were received. (Ord. 96-5 § 1, 1996)
19.08.060 Timing and order of consideration of suggested amendments.
A. Suggested amendments to the comprehensive plan, subarea plan or development
regulations shall be considered at least once each calendar year, but the comprehensive plan
shall be amended no more often than once each calendar year, except that amendments may
be considered more frequently for the initial adoption of a subarea plan, the adoption of a
shoreline master program, in cases of emergency, or to resolve an appeal of an adopted
comprehensive plan filed with a Growth Management Board or with the court. The city council
shall initiate consideration of suggested amendments by motion requesting the planning
commission to prepare a recommendation.
B. Suggested amendments shall generally be considered by the planning commission in the
order received, although suggestions which concern the same property, group of properties,
subarea, or land use topic may be combined. All the recommendations of the planning
commission shall be considered concurrently by the city council. The annual deadlines for
submitting suggested plan amendments shall be October 31st, and suggested development
regulation amendments shall be April 30th, unless otherwise stated by the city council.
C. The planning commission and city council shall endeavor to consider suggested plan
amendments between January and June, and suggested development regulations between July
and December of each year. Where amendments to both a plan and development regulations
are suggested, or where an amendment to the comprehensive plan would be implemented by
an amendment to the development regulations, Such amendments may be considered
concurrently. (Ord. 96-5 § 1, 1996)
19.08.070 Public participation.
The public shall be made aware of the opportunity to suggest amendments and to comment on
suggested amendments through methods including, but not limited to direct mailings, newsletter
and newspaper articles, legal advertisements, and notices posted in public places. Public notice
requirements shall be as set forth in Chapter 19.03 EWMC. (Ord. 96-5 § 1, 1996)
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EXHIBIT A
Title 19
Development Permit Administration
19.01 Purpose and Applicability
19.02 Project Permit Applications
19.03 Application Process
19.04 Open Record Public Hearings
19.05 Final Decision Processes
19.06 Comprehensive Plan/Development Regulation Amendments
19.07 Appeals
19.08 Development Agreements
19.09 Performance Assurance and Guarantee
19.10 Code Enforcement - Reserved
19.11 Definitions
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EXHIBIT A
19.01 Purpose and Applicability
In enacting the requirements of Chapter 36.70B RCW, the city intends to establish a mechanism
for implementing the provisions of the Growth Management Act regarding compliance,
conformity and consistency of land use development permit review with the city’s adopted
comprehensive plan and existing development regulations.
The purpose of this chapter is to establish a land use development permit review process, as
required by state law, for considering consistency of a proposed project with the applicable
development regulations. Consistency shall be established by considering the following four
factors:
A. The 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;
B. The level of development, such as units per acre or other measures of density;
C. Availability and adequacy of infrastructure, public facilities and services identified in the
comprehensive plan and needed to serve the development; and
D. The character of the development, such as development standards.
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EXHIBIT A
19.02 Project Permit Applications
19.02.010 Exemptions from permit processing
19.02.020 Determination of proper procedure type
19.02.030 Project permit application framework
19.02.040 Permits issued pursuant to RCW 90.58 Shoreline Management Act
19.02.050 Administrative Interpretation
19.02.010 Exemptions from permit processing
State Authority. RCW 36.70B allows local government to exclude certain project permits from
procedure and time limit requirements.
A. The following approvals are specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street vacations under RCW 35.79;
3. Street use permits;
4. Other approvals relating to the use of public areas;
5. Other project approvals, whether administrative or quasi-judicial that the city council has
determined by resolution present special circumstances that warrant a different review
process.
B. Type I permits as identified in EWMC 19.02.030 are excluded from the following permit
processing procedures:
1. Written determination of completeness (EWMC 19.03.030)
2. Notice of application (EWMC 19.03.040)
3. Optional consolidated project permit review processing (EWMC 19.02.020(B))
4. Joint public hearings (EWMC 19.04.010)
5. Single report stating all decisions and recommendations made as of the date of the
report that do not require open record hearing
6. Notice of decision (EWMC 19.05)
19.02.020 Determination of proper procedure type
For the purpose of project permit processing, all development permit application not exempted
under EWMC 19.02.01 shall be classified as one of the following: Type I, Type II, Type IIIa/b, or
Type IV.
A. The community development director or his/her designee, hereafter referred to as director.
shall determine the proper procedure for all development applications. Questions
concerning the appropriate procedure shall be resolved in favor of the higher numbered
procedure.
B. Consolidated application process
1. When more than one application for a proposed development is required, the applicant
may elect to have all applications submitted for review at one time.
2. Applications for a proposed development and planned actions subject to the provisions
of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in
accordance with the state and local laws, regulations and ordinances.
3. When more than one application is submitted under consolidated review and the
applications are subject to different types of review procedure, all of the applications for
the proposed development shall be subject to the highest level of review which applies
to any of the applications.
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EXHIBIT A
4. If an applicant elects a consolidated application process, the determination of
completeness, the notice of application, and the notice of final decision must include all
applications being reviewed.
19.02.030 Project permit application framework
Type I
Limited Admin
Type II
Full Admin
Type IIIa
Quasi-judicial
Type IIIb
Quasi-judicial
Type IV Legislative
Boundary Line
Adjustment
Binding Site
Plan
Critical areas
reasonable use
Site Specific
Zoning Map
Amendment
Comprehensive Plan
Amendment
Building permits
for residential
structures (4 du
or less)
Critical Areas
permit
Conditional use
permit
Development
Regulation Text
Amendment
Building permits
for accessory
structures (No
SEPA)
Building permits
for commercial
or industrial
structures
Preliminary Plat,
plat alterations,
plat vacations
Area Wide Rezone
Other minor
building permits
(i.e. demolition,
gas appliances,
fuel tank,
mechanical)
Building permits
for residential
structures (5 du
or more)
Planned Unit
Development,
Major PUD
Amendment
Sign permit Building permits
for accessory
structures (With
SEPA)
Variance
Addressing Final Plat
Approval
Home
Occupation
permit
Short Plat –
Prelim/Final
Wireless
Communication
Facility not
requiring CUP
35
EXHIBIT A
Type I
Limited
Admin
Type II
Full
Admin
Type IIIa
Quasi-
Judicial
Type IIIb
Quasi-Judicial
Type IV Legislative
Decision
made by
Director Director Hearing
Examiner
City Council City Council
Open
Record
Public
Hearing
No No Yes Yes, held by
planning
commission
Yes, held by planning
commission
Appeal of Administrative Decisions: 14 days from the date of the final decision
No Open
record
appeal
hearing
to
Hearing
Examiner
No No No
Land use permit appeals: 21 days from the date of the final
decision via Land Use Petition Act
Growth
Management
Appeal: 60 days
from the date of the
final decision
Superior
Court
Superior
Court
Superior
Court
Superior Court
Growth
Management
Hearings Board
19.02.040 Permits issued pursuant to RCW 90.58 Shoreline Management Act
All project permit applications for land use activities on properties located within the jurisdiction
of RCW 90.50 Shoreline Management Act shall be processed in accordance with Chapter 6.
Administration and Procedures of the City of East Wenatchee Shoreline Master Program as
adopted by the City of East Wenatchee.
19.02.050 Administrative Interpretation
Any citizen, applicant or staff member may request an administrative interpretation as to the
meaning, application or intent of any development regulation, as it related to a specific piece of
property.
A. Responsibilities for interpretation.
1. The Community Development Director shall interpret the provisions of EWMC Titles 16.
17 and 18.
2. The Building Official shall interpret the provisions of EWMC Title 15.
3. The Public Works Manager shall interpret the provisions of EWMC 12 and 13.
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EXHIBIT A
B. The request shall be in a form determined by the responsible official and include:
identification of the regulation in question; a description of the property (if applicable); and a
statement of the issue or question to be decided with supporting justification. The request
shall include applicable fees.
C. The responsible official shall issue a written interpretation within a reasonable time, but no
more than 21 days after receipt. The responsible official can request additional information
in order to complete the interpretation.
D. Administrative interpretations are subject to an open record appeal to the City of East
Wenatchee Hearing Examiner.
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EXHIBIT A
19.03 Application Process
19.03.010 Pre-application Conference
19.03.020 Application Submittal
19.03.030 Determination of Completeness
19.03.040 Notice of Application
19.03.050 Agency Referral
19.03.060 Consistency with Development Regulations and SEPA
19.03.070 Vesting of Project permit applications
19.03.010 Pre-application Conference
A. All prospective applicants for Type II and Type III project permit applications shall participate
in a pre-application conference prior to submitting the application to the city. The
community development director has the authority to waive the requirement for a pre-
application conference for certain Type II applications based on size and/or impact.
B. The purpose of the pre-application conference is to:
1. Assist applicants to prepare a code-compliant project permit application;
2. Eliminate the city’s need to request additional information that causes resubmittals,
resubmittal fees, and further city review; and
3. Reduce time frames for approval of project permit applications by expeditious issue
resolution through one-on-one collaboration between applicants and city/agency staff.
C. The pre-application conference provides an opportunity for the applicant, staff and other
agencies to informally discuss and review the proposed development, the application and
permit requirements, fees, the review process and schedule, and applicable development
standards, plans, policies and regulations.
D. The pre-application conference shall take place at the city’s offices unless another location
is agreed upon by the city and the applicant. The length of the conference shall be
determined by the complexity of the proposed project.
E. The city will prepare and maintain a written summary of the pre-application conference,
including a list of any specific documents, information, legal descriptions or other
requirements that must be submitted in addition to the requirements of the application.
F. Failure of any agency to provide information shall not constitute a waiver of any of the
standards, criteria or requirements for an application. Any discussion at the pre-application
conference is for the purpose of acquainting the applicant with the known requirements for a
preliminary design and/or proposal. As a result, the discussions shall not bind the city in
any manner or prevent the city’s future enforcement of all applicable codes, plans and
regulations.
G. Review of a project proposal at a preapplication conference does not vest the project.
Vesting only occurs at the time an application is determined to be complete as evidenced by
a written notice of complete application issued by the city as described below.
19.03.020 Application Submittal
A. Application Forms
1. Each application form shall, at a minimum, include the following:
a) The application shall be filled out legibly, in blue or black ink, either hand printed or
typewritten;
b) The name, mailing address, email address, and telephone number of each
applicant;
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EXHIBIT A
c) The name, mailing address, email address, and telephone number of the applicant’s
representative, if any;
d) The name, mailing address, email address, and telephone number of each owner of
the subject property, if different than the applicant(s);
e) The name, mailing address, email address, telephone number and contractor
registration number of all contractor’s or design professionals, if any;
f) The parcel number and legal description for each parcel which is the subject of the
proposed development.
g) The original signatures of each applicant and each property owner if different than
the applicant(s);
h) Any other information, documents or materials, as determined by the city, which may
be required in the body of the form or by attachment to the form or as indicated in a
pre-application conference, e.g. a narrative description of the project, including a site
plan as applicable.
2. Each application form shall require designation of a single person or entity to receive
determination and notices required under this code. Where a determination or notice to
the application is required by this code, “applicant” shall mean the person or entity so
designated.
B. Applications shall be made using the appropriate form provided by the City of East
Wenatchee. An application shall consist of all materials required by the applicable
development regulations for the specific permit(s) sought.
19.03.030 Determination of Completeness
A. Within 28 days after receiving the application, the city shall complete an initial review to
determine whether the application has all of the necessary components to review and issue
a decision. The city will mail or provide in person, a written determination of complete or
incomplete application. The application packet shall be determined complete if the city
does not provide a written determination within the 28-day period.
B. An application shall be determined complete only when it contains all of the information and
materials:
1. A fully completed and signed application;
2. Applicable review fees;
3. All information and materials required by the application form;
4. A fully completed and signed environmental checklist for projects subject to review under
the State Environmental Policy Act;
5. A plot plan disclosing all existing and proposed structures and features applicable to the
desired development; for example parking, landscaping, preliminary drainage plans with
supporting calculations, signs, setbacks, etc.
6. Preliminary engineering for streets and utilities, if applicable;
7. Any information required by the city’s shorelines or critical areas regulations;
8. Any additional information and materials identified at the pre-application conference.
9. Information specified for the desired project in appropriate title of the EWMC, state or
federal law;
10. Any supplemental information or special studies identified by the city.
C. For applications determined incomplete, the city shall identify in writing, the specific
requirements, information and materials necessary to constitute a complete application.
Failure to submit the requested information within 90 days of the determination of
incomplete will result in a null and void application with no refund of the filing fees. The
director has the ability to extend the 90-day deadline if the applicant contacts the city prior to
the deadline and provides a date by which the information will be submitted.
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EXHIBIT A
Within 14 days after the city receives the materials identified in the notice of incomplete
application, the city shall issue a determination of completeness or identify the materials that
are still necessary for a complete application.
D. A determination of completeness shall identify, to the extent known, other local, state or
federal agencies that may have jurisdiction over some aspect of the application.
E. A determination of completeness shall not preclude the city from requesting additional
information or studies if new information is required or a change in the proposed
development occurs.
19.03.040 Notice of Application
A. Within 14 days after issuing a determination of completeness, the city shall issue a notice of
application. If an open record pre-decision hearing is required for the application, the notice
of application shall be issued at least 15 days prior to the hearing. The notice shall include,
but not be limited to, the following:
1. The date of the application, the date of the determination of completeness, and the date
of the notice of application.
2. A description of the proposed project action, a list of permits required for the application
and, if applicable, a list of any studies requested.
3. The identification of other required permits not included in the application, to the extent
known by the city.
4. The identification of existing environmental documents which evaluate the proposed
development and the location where the application and any studies can be reviewed.
5. A statement of the public comment period, which shall be 14 days following the date of
the notice of application, and a statement of the right of any person to comment on the
application, receive notice of and participate in any hearings, and request a copy of the
decision, once made, and a statement of any appeal rights.
6. The date, time, location and type of hearing, if applicable, which has been scheduled as
of the date of the notice of application.
7. A statement of the preliminary determination, if one has been made at the time of the
notice of application, of those development regulations which will be used for project
mitigation and of consistency with the type of land use of the proposed site, the density
and intensity of the proposed development, infrastructure necessary to serve the
development, and the character of the development.
8. Any other information determined by the city to be appropriate.
B. Informing the public.
1. Type II administrative project applications. The subject property shall be posted as
follows:
a. A single notice board shall be placed by the applicant at the midpoint of the property
street frontage where it is completely visible to vehicular and pedestrian traffic or as
otherwise directed by the city. Signs shall remain posted and in good repair
throughout the entire comment period.
b. In cases where the subject property has multiple street frontages, is not located on a
public street, or there are other visibility concerns; the community development
director has the ability to require additional notice requirements including, but not
limited to, additional signage and mailed notices.
2. Type III (a and b) quasi-judicial applications. A written notice of application shall be
mailed to all property owners, according to the county assessor’s records, within 300
feet of the subject property. 300 feet is the minimum notice distance. This distance
may be increased by the community development director in situations where the size or
nature of the project or property configurations (i.e. large lots) are such that 300 feet will
not provide seasonable and meaningful notice to the public.
40
EXHIBIT A
C. Comment period. The public comment period following the issuance of a notice of
application shall be 14 days.
D. Pursuant to RCW 36.70B.110(6), except for a determination of significance, the city may not
issue a threshold determination until after the expiration of the comment period on the notice
of application.
19.03.050 Agency Referral
Within 14 days of issuing a Determination of Completeness the department shall transmit a
copy of the application to each affected city department, utility and government agency for
review and comment, including those responsible for determining compliance with state and
federal requirements. There shall be a 14-day comment period on the application. The
department, utility or agency is presumed to have no comments if comments are not received
within the 14-day period. The director has the ability to grant an extension of time to this
comment period.
Additional agency referral periods may be necessary in circumstances where the applicant
significantly changes the design of the project which affects agency comments. The
Community Development Director shall make the determination if a project change necessitates
an additional agency referral.
19.03.060 Consistency with Development Regulations and SEPA
A. Determination of consistency. Review of an application and proposed development shall
be governed by and be consistent with the fundamental land use planning policies and
choices which have been made in the adopted comprehensive plan and development
regulations. The review process shall consider the type of land use permitted at the
proposed site, the density and intensity of the proposed development, the infrastructure
available and needed to serve the development, the character of the development and its
consistency with development regulations. In the absence of applicable development
regulations, the applicable development criteria in the comprehensive plan or sub-are plan
adopted under RCW 36.70A shall be determinative.
B. Environmental review
1. Project permit applications and development proposals subject to the provisions of the
State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies
and procedures contained in the city’s SEPA ordinance and as required by the State
Environmental Policy Act.
2. SEPA review shall be conducted concurrently with development project review.
19.03.070 Vesting of Project permit applications
The purpose of this section is to identify certain points in the land use approval process at which
an applicant’s rights become “vested”. Vested rights are defined as the guarantee that an
application will be reviewed and a project can be developed (if a permit is issued) under
regulations and procedures existing at one moment in time and regardless of changes that may
have been made later and prior to final completion of a project or use.
A. Decision Criteria
1. Building Permits.
a. Unless otherwise specified in this chapter, a building permit application shall be
vested against enforcement of an ordinance implementing a change in the city’s
development regulations if a complete application is submitted to the city prior to the
effective date of the ordinance. A vested right shall not arise by virtue of an
application for a conditional use permit, variance, comprehensive plan amendment,
41
EXHIBIT A
development regulation amendment, annexation or any other project permit
application submitted prior to the application of the building permit.
b. An applicant must specifically identify a proposed land use or uses in the building
permit application as the intended use of the proposed structure in order to vest the
right to engage in a specific land use against an ordinance implementing a change in
permitted land uses. Building permit applications which do not specifically identify
the proposed use of the proposed structure shall not vest a right to engage in a
specific land use against an ordinance prohibiting the use. Applications which
depict a structure clearly appropriate for only a single land use shall be deemed to
satisfy the requirements of identifying the proposed use.
2. Project permit applications for the subdivision of land. An application for approval of a
short subdivision, major subdivision or binding site plan shall be vested against
enforcement of an ordinance implementing a change in the city’s development
regulations, at the time of a determination of completeness in accordance with EWMC
19.03.030.
3. Project permit applications subject to RCW 90.58 Shoreline Management Act. An
application for a shoreline permit, but not a building permit, shall be vested against
enforcement of an ordinance implementing a change in shoreline regulations set forth in
the East Wenatchee Shoreline Master Program if a complete application in accordance
with EWMC 19.03.030 is submitted prior to the effective date of the ordinance.
Shoreline permit applications that also require a building permit are governed by
subsection (A) of this section.
4. Certain regulatory authority not affected. A project permit application may be denied or
approved with conditions under the authority of the city to protect and enhance the public
safety, health and welfare, and under the State Environmental Policy Act (SEPA) and
the City of East Wenatchee’s SEPA regulations and policies as of the date of vesting,
notwithstanding the fact that the applicant has attained a vested right against
enforcement of an ordinance implementing changes in regulations, codes or procedures
affecting that land use action.
5. Complete application. For Type I permit applications, a “complete application” means
an application which contains all required information and signatures, and which is
accompanied by all fees required to be submitted with the application pursuant to East
Wenatchee Municipal Code, or any formal written rule or procedure adopted by and in
force in the city. For Type II, III permit applications, a “complete application” means a
written determination of completeness in accordance with EWMC 19.03.030 has been
issued.
B. Termination of vested rights
1. Vesting rights are not selectively waivable. An applicant may voluntarily waive their
vesting rights provided they agree in writing that the project will comply with all
development regulations in effect on a different date certain agreed to between the
applicant and the Community Development Director.
2. For any project permit application that has acquired vested rights; those rights shall
terminate if the application expires or is withdrawn.
3. If a project permit application is amended or redesigned to such an extent that a new
determination of completeness is required then vesting for the project shall reset to
the date of the new determination of completeness.
4. Building permits. The vested rights of a building permit shall continue until either the
permit expires or final occupancy is granted.
5. Subdivisions of land.
a. Plats. The lots in a final plat may be developed by the terms of the approval of
the final plat, and the development regulations in effect at the time the
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EXHIBIT A
preliminary plat was deemed complete for a period specified in RCW 58.17.170,
unless the city council finds that a change in conditions creates a serious threat
to the public health, safety or welfare.
b. Short plats and binding site plans. The lots in a short plat or binding site plan
may be developed by the terms of final approval and the development
regulations in effect at the time the application was deemed complete for a period
of five years from the recording date, unless the city council finds that a change
in conditions creates a serious threat to public health, safety or welfare.
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EXHIBIT A
19.04 Open Record Public Hearings
19.04.010 Joint hearings
19.04.020 Hearing Process
19.04.010 Joint hearings
A. At the request of the applicant, the city may combine it’s required hearing on a project permit
application with that of another local, state, regional, federal or other agency if:
1. The hearing is held within the geographical boundary of the city; and
2. The joint hearing can be held within the processing time periods specified within this
Title or the applicant agrees to the schedule in the event that additional time is needed in
order to combine the hearings.
B. The city is authorized to coordinate with the other agencies pursuant to RCW
36.70B.110(7).
19.04.020 Hearing Process
The process identified in this section shall apply to both open record hearings for project permit
applications and open record appeal hearings for administrative appeals.
A. The public hearing for a Type IIIa, IIIb and and IV reviews shall be held after completion of
the public comment period(s) and at least 15 days after the issuance of any SEPA threshold
determination.
B. At least 10 days before the date of the public hearing, the city shall issue public notice of the
date, time, location and purpose of the hearing. Public notice shall be provided as follows:
1. Publication in the city’s newspaper of record;
2. Posting the agenda of the hearing body on the city’s website; and
3. Mailing notice to:
a. The applicant or appellant;
b. For site specific proposals; all property owners, according to the county assessor’s
records, within 300 feet of the subject property; and
c. Any person who has submitted written comment on the project.
C. At least 10 days before the date of the public hearing, the city shall:
1. In the case of a project permit application; issue a written staff report, integrating the
SEPA review and threshold determination and recommendation regarding the
application(s).
2. In the case of an administrative appeal; issue a staff response to the appellant’s
arguments presented in the appeal packet.
3. For both 1 and 2 above the city shall transmit a copy to the applicant or appellant and
publish on the city’s website.
D. Public hearings shall be conducted in accordance with the rules of procedure adopted by
the hearing body. A public hearing shall be audio or audio-visually recorded.
E. If for any reason the hearing cannot be completed on the date set in the public notice, it may
be continued during the public hearing to a specified date, time and location without further
public notice required.
F. Public Hearings:
1. Type IIIa project permit applications. Following the public hearing, the hearing
examiner shall take the following action.
a. The hearing examiner may approve, approve with conditions, continue the hearing to
another date, time and location, or deny the application.
b. The hearing examiner shall issue a written decision regarding the application(s)
within 10 working days of the close of the public hearing.
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EXHIBIT A
2. Type IIIb and IV legislative applications and proposals. Following the public hearing,
the planning commission may continue the hearing to another date, time and location or
make a recommendation to approve or deny the application or proposal. When a
recommendation by the planning commission is made the recommendation will be
forwarded to the city council for review and final action pursuant to EWMC 19.06.040.
3. Open record appeal hearings. Following the public hearing, the hearing examiner shall
issue a written decision affirming or reversing the decision that is on appeal within 10
working days of the close of the hearing.
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EXHIBIT A
19.05 Final Decision Process
A. The city will strive to issue a written notice of final decision on an application reviewed
pursuant to either Type II administrative or a Type IIIa quasi-judicial review process within
120 days after the date a complete application is submitted pursuant to EWMC 19.03.030.
In determining the number of days that have elapsed, the following periods shall be
excluded:
1. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional information or materials. The period
shall be calculated from the date the city issues the request for additional information to
the applicant to the date that the applicant resubmits all of the requested information.
2. Any period during which an environmental impact statement (EIS) is being prepared
following a determination of significance pursuant to RCW 43.21C.
3. Any extension of time mutually agreed upon by the applicant and the city.
B. The time limit listed in subsection A above does not apply if an application:
1. Is for, or requires, an amendment to a comprehensive plan or development regulation.
2. Requires the siting of an essential public facility, as provided in RCW 36.70A and as
may be hereafter amended.
3. Is substantially revised by the applicant after a determination of completeness has been
issued, in which case the time period shall start from the date on which the complete
revised project application is submitted pursuant to EWMC 19.05.03.
C. If the city is unable to issue its final decision within the time limits provided for in this section,
it shall provide written notice of this fact to the applicant. The notice shall include a
statement of reasons why the time limits have not been met and an estimated date for
issuance of the notice of final decision.
D. In accordance with state law, the city is not liable for damages which may result from the
failure to issue a timely notice of final decision.
E. Notice of final decision. The notice shall include: a statement of any threshold decision
made under RCW 43.21C; a statement that affected property owners may request a change
in valuation for property tax purposes notwithstanding any program of revaluation; a
statement of the appeals process; and, a link to where the decision can be found on the
city’s website.
F. Method of notice. The notice of final decision shall be provided in the following manner:
1. Mailed to:
a. The applicant(s) and the property owner(s) if different;
b. Any person who prior to issuance of the decision requests to receive the notice of
final decision or has made substantive comment during the permit review process.
2. Posted on the city’s website
3. Mailed to the property owners who received notice of the public hearing pursuant to
EWMC 19.04.020(B)(3)(b).
4. Transmitted to the Douglas County Assessor’s office.
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EXHIBIT A
19.06 Comprehensive Plan/Development Regulation Amendments
19.06.010 Amendments
19.06.020 Review Criteria
19.06.030 Governmental Coordination
19.06.040 Legislative Review Process
19.06.010 Amendments
A. Types of amendments
1. Urban Growth Area Amendments: Proposed amendments to the East Wenatchee
Urban Growth Area may be initiated only by the East Wenatchee City Council or
Planning Commission.
2. Text Amendments: Proposed amendments to the text of goals, policies, objectives,
principles or standards of the comprehensive plan or text changes to the development
regulations may be initiated only by the East Wenatchee City Council or Planning
Commission.
3. Area Wide Map Amendments: A map amendment that is area wide in significance and
usually includes several separate properties under various ownerships may be initiated
only by the East Wenatchee City Council or planning commission.
4. Site Specific Map Amendments: Site specific map amendments apply to a limited
geographical area controlled either by an individual property owner or all property
owners within the designated area. Site specific map amendments may be initiated by
the property owner(s) through a fee paid application process. Applications must be
received by the city no later than 5:00 on the first business day of April. Any
applications received after the first business day of April will be processed the following
year.
B. Pursuant to RCW 36.70A.130, the Greater East Wenatchee Area Comprehensive Plan shall
be amended by the city no more than once a year.
19.06.020 Review Criteria
A. General review criteria
1. A detailed statement of what is proposed to be changed and why. Identify the specific
comprehensive plan land use designation map and zoning map that would be amended;
2. The proposed amendment is consistent with the goals of the Washington State Growth
Management Act (RCW 36.70A) and the county wide planning policies.
3. The proposed amendment is consistent with and supported by the goals and policies of
the Greater East Wenatchee Area Comprehensive Plan.
4. The proposed amendment is consistent with comprehensive plan land use designation
siting criteria, if any.
5. The proposed amendment is consistent with and supported by the capital facility
element and transportation element or includes proposed changes so these elements
will be consistent
B. Additional required criterial specific to urban growth boundary changes.
1. The following criteria shall be considered in any review of expansions of the urban
growth boundaries for non-residential purposes.
a. There is a lack of suitable lands within the boundary for the proposed land use;
b. The provision of urban services to the area is prescribed, and funding responsibilities
delineated, in conformity with the capital facilities element and utilities element of the
applicable comprehensive plan;
c. Designated resource lands may not be included unless it is shown that there are no
practicable alternatives; and
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EXHIBIT A
d. The expansion of the urban growth boundary incorporates the amount of land
deemed appropriate to resolve the identified deficiency.
2. In addition to criteria in subsections (1)(a) through (d) of this section, the following
criteria shall also be considered in any review of expansions of urban growth area
boundaries for residential purposes:
a. There is insufficient land suitable for development within the urban growth boundary
to accommodate the adopted population allocation that has not yet been
accommodated;
b. If the urban growth boundary has accommodated the adopted population allocation
prior to adoption of revised population forecasts, the urban growth boundary shall not
be expanded until updated regional population forecasts and allocations have been
adopted, unless the party seeking expansion of the urban growth boundary has
otherwise established a need to accommodate such expansion.
19.06.030 Governmental Coordination
A. Proposed amendments to the East Wenatchee Urban Growth Boundary and accompanying
amendments to the Greater East Wenatchee Area Comprehensive Plan and implementing
development regulations shall be reviewed through the following process.
1. The city will initiate the 60-day review process required by RCW 36.70A.106, and
combine environmental review required by RCW Chapter 43.21C. The review will be
jointly sponsored by the City of East Wenatchee and Douglas County.
2. Early in the joint 60-day review process the City will schedule a joint workshop of the
city’s planning commission and the Douglas County Planning Commission where the city
will present the proposed amendments. The city may choose to have their
representative present the proposed amendments to the Douglas County Planning
Commission, in lieu of a joint planning commission workshop.
3. Upon conclusion of the joint 60-day review process the City of East Wenatchee and
Douglas County shall hold a joint planning commission hearing for the purpose of
developing a recommendation for each jurisdiction’s legislative body.
4. The Douglas County Board of Commissioners and the City of East Wenatchee Council
shall hold a joint public meeting to consider the proposed amendments and planning
commission recommendations. At the public meeting, (or public hearing which may
subsequently be set by the jurisdictions), the Douglas County Board of Commissioners
shall take action on the proposal, followed by the City of East Wenatchee Council.
5. The city shall issue a joint notice of adoption to the Washington Department of
Commerce. Publication of the joint notice of adoption shall be the responsibility of
Douglas County.
B. Proposed amendments to the Greater East Wenatchee Area Comprehensive Plan and
development regulations that involve textual changes and/or map changes to properties
located inside city limits shall be reviewed through the following process.
1. The city will initiate the 60-day review process required by RCW 36.70A.106, and
combine environmental review required by RCW Chapter 43.21C. The review will be
jointly sponsored by the City of East Wenatchee and Douglas County.
2. Early in the joint 60-day review process, the city will have a representative present the
proposed amendment to the Douglas County Planning Commission.
3. Adopted changes to the city’s comprehensive plan and/or development regulations must
be submitted the Douglas County no later than the fourth Monday of October, in order to
be considered during Douglas County’s amendment process for that calendar year.
4. A representative of the city will present the city’s adopted changes during a hearing
before the Douglas County Planning Commission.
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EXHIBIT A
5. Unless inconsistent with the city’s comprehensive plan or RCW 36.70A, Douglas County
agrees to ratify the amendments adopted by the city.
C. Proposed amendments to the Greater East Wenatchee Area Comprehensive
plan/implementing zoning map within the unincorporated portions of the East Wenatchee
Urban Growth Area shall be reviewed through the following process.
1. Douglas County will process proposed map amendments for the Greater East
Wenatchee Area Plan/implementing zoning map within the unincorporated portions of
the East Wenatchee Urban Growth Area in accordance with the county’s established
procedures.
2. Douglas County will initiate the sixty-day review process required by RCW 36.70A.106,
and combine environmental review required by RCW 43.21C. The review will be jointly
sponsored by the City of East Wenatchee and Douglas County.
3. Early in the joint 60-day review process, Douglas County shall have a representative
present the proposed amendments to the City of East Wenatchee Planning Commission.
4. A Douglas County representative shall present the county’s adopted changes during a
hearing before the City of East Wenatchee Planning Commission.
5. Unless inconsistent with the Greater East Wenatchee Area Comprehensive Plan or
RCW 36.70A, the City of East Wenatchee agrees to ratify the amendments adopted by
Douglas County.
19.06.040 Site specific zoning map amendments
A site-specific zoning map amendment is a Type IIIb application and shall be combined with the
required comprehensive plan amendment and processed as follows:
A. Determination of Complete pursuant to EWMC 19.03.030.
B. Notice of application pursuant to EWMC 19.03.040.
C. After completion of the notice of application comment period; the combined site-specific
zoning map amendment and comprehensive plan amendment will follow EWMC 19.06.050
Legislative review.
D. Site-specific zoning map amendments combined with comprehensive plan amendments
will be coordinated with Douglas County pursuant to EWMC 19.06.030 Governmental
coordination.
The city council shall take action on the site-specific zoning map amendment separately from,
and immediately after, acting on the comprehensive plan amendment.
19.06.050 Legislative review process
Legislative review shall be used when the proposal involves the creation of, or amendment of
the Greater East Wenatchee Area Comprehensive Plan, sub-area plans, area wide zoning
amendments and/or development codes and shall be processed as follows:
A. If the proposal involves a site-specific map amendment that was applied for by a property
owner(s).
1. Determination of Complete pursuant to EWMC 19.03.040.
2. Notice of application pursuant to EWMC 19.03.040.
3. After completion of the notice of application comment period; the combined site-specific
zoning map amendment and comprehensive plan amendment will be coordinated with
Douglas County pursuant to EWMC 19.06.030 Governmental Coordination.
B. City initiated proposals will be coordinated with Douglas County pursuant to EWMC
19.06.030.
C. The planning commission shall hold a public hearing in accordance with EWMC 19.04 Open
Record Public Hearings.
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EXHIBIT A
D. Following the public hearing of the planning commission, the recommendation of the
planning commission shall be forwarded to the city council. Upon receiving the
recommendation from the planning commission, the city council shall set a public meeting to
consider the recommendation, at which the council may either accept or reject the
recommendation.
E. The city council must hold a public hearing in accordance with EWMC 19.04.020 to consider
any changes to the recommendation of the planning commission. After such hearing, the
city council may approve, deny or remand the proposal back to the planning commission for
further review.
F. In the event the city council determines that the public hearing record is insufficient or
otherwise flawed, the council may remand the matter back to the planning commission to
correct the deficiencies. The council shall specify the items or issues to be considered and
the time frame for completing the additional work.
G. The final decision of the council shall be by ordinance, resolution or motion as appropriate.
Where the final decision of the council is made by motion, it shall be in writing and shall
include those items described in EWMC 19.05.
If the proposal involves a site-specific rezone then the city council must first act on the
comprehensive plan map amendment, then act on the rezone.
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EXHIBIT A
19.07 Appeals
19.07.010 Standing to initiate an administrative appeal
19.07.020 Administrative appeals of decisions
19.07.030 SEPA appeals
19.07.040 Judicial appeals
19.07.010 Standing to initiate an administrative appeal
A. Limited to Parties of Record. Only parties of record may file an administrative appeal.
B. Definition. The term “parties of record” for the purposes of this chapter, shall mean:
1. The applicant;
2. The property owner (if different from the applicant);
3. Any person who testified at the open record public hearing on the application;
4. Any person who submitted written comments concerning the application (excluding
persons who have only signed petitions or mechanically produced form letters).
19.07.020 Administrative appeals of decisions
A. Filing. Every administrative appeal to the hearing examiner shall be filed with the city within
14 days after the date of the decision of the matter being appealed. In computing the
appeal period, the date the decision is filed is not counted. If the 14-day period ends on a
weekend or a holiday, the following business day shall be the last day of the appeal period.
B. The timely filing of an appeal shall stay the effective date of the decision until such time as
the appeal is adjudicated by the appropriate body
C. Contents. The notice of appeal shall be on forms provided by the city and shall include:
1. A statement identifying the decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the matter;
3. The specific reason why the appellant believed the decision to be wrong, including
identification of each finding of fact, each conclusion, and each condition or action
ordered which the appellant alleges is erroneous. The appellant shall bear the burden
of proving the decision is wrong;
4. The specific desired outcome or changes to the decision; and
5. The appeal fee.
D. Upon receipt of a notice of appeal containing all information required in subsection B of this
section, the city shall schedule an open record appeal hearing with the hearing examiner.
E. Administrative appeal hearings shall follow the open record public hearing process in
EWMC 19.04.020.
19.07.030 SEPA appeals
A. A major purpose of this title is to combine environmental considerations with public
decisions. Therefore, any appeal brought under the State Environmental Policy Act (SEPA)
shall be linked to a specific governmental action. SEPA provides a basis for challenging
whether governmental action is in compliance with the substantive and procedural
provisions of RCW Chapter 43.21C, WAC Chapter 197-11 and Title 18 EWMC. It is not
intended to create an independent cause of action unrelated to a specific governmental
action.
B. Appeals of environmental determinations under SEPA cannot be considered as a stand
alone appeal. A SEPA appeal must be filed as an appeal of the land use permit final
decision.
C. Appeals of environmental determinations under SEPA shall be commenced within the time
required to appeal the governmental action which is subject to environmental review to
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EXHIBIT A
superior court. There shall be no administrative appeal of a city action or failure to act with
respect to environmental decisions under SEPA.
19.07.040 Judicial appeals
The city’s final decision on an application may be appealed by a party of record with standing by
filing a land use petition in Douglas County Superior Court. Such petition must be filed within
21 days after issuance of the decision, as provided in RCW 36.70C.
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EXHIBIT A
19.08 Development Agreements
19.08.010 Type of approval
19.08.020 Authority
19.08.030 General provisions of development agreements
19.08.040 Enforceability
19.08.050 Form of agreement, council approval, recordation
19.08.010 Type of approval
Development agreements shall accompany and be processed in conjunction with the underlying
project permit application.
19.08.020 Authority
The execution of a development agreement is a proper exercise of city police power and
contract authority. The city may consider, and enter into, a development agreement with a
person having ownership or control of real property within the city limits. A development
agreement shall be consistent with all applicable development regulations adopted by the city
under RCW 36.70A.
General provisions of development agreements
A. The development agreement must include the following:
1. The development standards and other provisions that shall apply to and govern and vest
the development, use and mitigation of the development of real property for the duration
of the agreement.
2. Project components which define and detail the allowable sues, residential densities,
commercial or nonresidential area floor area.
3. Location of buffers, landscaping or open space.
4. The amount and payment of impact fees imposed or agreed to in accordance with an y
applicable provisions of state law, local ordinance, any reimbursement provisions, other
financial contributions by the property owner, inspection fees, or dedications.
5. Mitigation measures, development conditions and other requirements of RCW 43.21C
6. Design standards such as architectural treatment, maximum heights, setbacks,
landscaping, drainage and water quality requirements and other development features.
7. Provisions for affordable housing.
8. Parks and common open space preservation.
9. Review procedures and standards for implementing decisions.
10. A build-out or vesting period for application standards.
11. Any other appropriate development requirement or procedure which is based upon a city
policy, rule, regulation or standard.
B. The development agreement shall reserve authority to impose new or different regulations
to the extent required by a serious threat to public health or safety.
19.08.030 Enforceability
Unless amended or terminated, a development agreement is enforceable during its term by a
party to the agreement. A development agreement and the development standards in the
agreement govern during the term of the agreement, or all or that part of the specified build-out
period. The agreement may not be subject to a new or an amendment to a zoning ordinance
or development standard adopted after the effective date of the agreement, unless otherwise
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EXHIBIT A
provided in the agreement. Any permit or approval issued by the city after the execution of the
agreement must be consistent with the development agreement.
19.08.040 Form of agreement, council approval, recordation
A. Form. All development agreements shall be in the form provided by the city attorney’s
office. The city attorney shall approve all development agreements prior to consideration
by the city council.
B. Council Approval. The city council shall only approve development agreements or
amendments thereto, by ordinance.
C. Recordation. Development agreements shall be recorded with the real property records of
the county in which the property is located at the cost of the applicant. During the term of
the development agreement, the agreement is binding on the parties and their successors in
interest.
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EXHIBIT A
19.09 Performance Assurance and Guarantee
19.09.010 Purpose
19.09.020 Performance assurance
19.09.030 Criteria
19.09.010 Purpose
The purpose of this section is to allow individuals developing property to post a performance
assurance device in a sufficient amount to guarantee and warranty the construction of required
improvements, and to protect public property.
19.09.020 Performance assurance
Except where specified, all improvements shall be fully completed prior to the final approval of a
project permit, land divisions, issuance of a certificate of occupancy or actual occupancy, as
directed by applicable codes or regulations, unless an alternative performance assurance
device, a contractual agreement, and agreement and partial funding for a local improvement
district (LID), or bond between the developer and the local jurisdiction has been executed and
approved in accordance with this section.
19.09.030 Criteria
1. The performance assurance device shall be approved by the department as appropriate and
shall be in a form acceptable to the city attorney.
2. Except as may be specified elsewhere in city code, the performance assurance device shall
be for a period of not more than one year for each phase of development, unless a time
schedule for the performance assurance device is approved by the review authority. The
time period may be extended depending on the type of project and phasing schedule.
3. If a performance assurance device or evidence of a similar device is required, the review
authority shall determine the specific type of assurance device required in order to insure
completion of the required conditions of approval. The value of the device shall equal at
least one hundred twenty-five percent of the estimated cost of the required improvements
and shall be utilized by the city to perform any necessary work, and to reimburse the city for
documented administrative costs association with action on the device. If costs incurred by
the local jurisdiction exceed the amount provided by the assurance device, the property
owner shall reimburse the city in full, or the city may file a lien against the subject property
for the amount of any deficit.
4. If the performance device or evidence of a similar device is required the property owner
shall provide the local jurisdiction with an irrevocable notarized agreement granting the city
and its agents the right to enter the property and perform any required work remaining
uncompleted at the expiration of the completion date(s) identified in the assurance device.
5. Upon completion of the required work by the property owner and approval by the city, at or
prior to expiration of the completion date(s) identified in the assurance device, the city shall
promptly release the device or evidence thereof.
6. If bonds or securities are to be used, the review authority shall determine the specific type of
assurance device required. The value of this device shall equal at least one hundred
twenty-five percent of the estimated cost of the improvement to be performed. If costs
incurred by the city exceed the amount provided by the assurance device, the property
owner shall reimburse the city in full, or the city may file a lien against the property for the
excess amount.
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EXHIBIT A
19.11 Definitions
19.11.010 Purpose and applicability
The purpose of this chapter is to provide a primary source for the definition of terms used in
Chapter 2.30 and Chapter 2.42, and Titles 12, 15, 16, 17, 18, and 19 of the East Wenatchee
Municipal Code. The definitions herein are applicable to those titles within the context of their
use. These definitions do not supersede or replace the definitions of other terms found in the
enumerated titles.
19.11.020 A
Reserved
19.11.030 B
Building Permit
“Building permit” means those permits issued pursuant to the following chapters of the EWMC
as now exist or as may hereafter be amended:
1. Chapter 15.04 Building Code
2. Chapter 15.08 Mechanical Code
3. Chapter 15.12 Plumbing Code
4. Chapter 15.16 Fire Code
5. Chapter 15.24 Sign Code
6. Chapter 15.28 State Energy Coe
7. Chapter 15.32 Movement of Buildings
8. Chapter 15.36 Mobile Homes
9. Chapter 15.44 Flood Hazard Areas
19.11.040 C
Reserved
19.11.050 D
Reserved
19.11.060 E
Exterior Boundaries
“Exterior boundaries” means all property located adjacent to the area of a proposed project
action subject to a project permit, and located adjacent to other property owned by the project
permit applicant, which property is located adjacent to the proposed project permit property
boundary.
19.11.070 F
Reserved
19.11.080 G
Reserved
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EXHIBIT A
19.11.090 H
Reserved
19.11.100 I
Reserved
19.11.110 J
Reserved
19.11.120 K
Reserved
19.11.130 L
Local Government
“Local Government” means the City of East Wenatchee.
19.11.140 M
Reserved
19.11.150 N
Reserved
19.11.160 O
Open Record Hearing
“Open Record Hearing” means a hearing conducted by a single hearing body or officer
including, but not limited to, the hearing examiner or planning commission, authorized by the
city council to conduct such hearings, that creates the city’s record through testimony and
submission of evidence and information, under procedures prescribed under EWMC 19.04. An
open record hearing may be held prior to the city’s decision on a project permit or on an appeal
if no open record hearing has been held on the project permit.
19.11.170 P
Parties of Record
“Parties of Record” means:
1. The applicant;
2. The property owner (if different from the applicant);
3. Any person who testified at the open record public hearing on the application; and
4. Any person who submitted written comments concerning the application (excluding
persons who have only signed petitions or mechanically produced form letters.
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EXHIBIT A
Project Permit
“Project permit” means any land use or environmental permit or license require from the city for
a project action including, but not limited to, building permits, boundary line adjustments, sign
permits, binding site plans, critical areas permits, home occupation permits, subdivisions,
conditional use permits, planned unit developments, variances, shoreline permits (exemptions,
substantial development, conditional use, variance). Comprehensive plan amendments,
rezones and development regulations amendments are not considered project permits.
Public Meeting
“Public meeting” means a meeting, hearing or workshop, or other public gathering for one or
more of the following purposes: to obtain comments from the public or other agencies on a
permit or proposal; to discuss aspects of a permit or proposal; or to receive a recommendation
on a permit or proposal from a hearing body and take action on that recommendation. A public
meeting does not constitute an open record public hearing and therefore does not add to or
create the record for a project permit or appeal.
19.11.180 Q
Reserved
19.11.190 R
19.11.200 S
Reserved
19.11.210 T
Reserved
19.11.220 U
Reserved
19.11.230 V
Reserved
19.11.240 W
Reserved
19.11.250 X
Reserved
19.11.260 Y
Reserved
58
EXHIBIT A
19.11.270 Z
Reserved
59