§ 21.81.040. Application review procedures.

A.

Type I Procedure—Ministerial Decision (see Appendix Table 21T.26).

1.

Within twenty-eight calendar days of receiving a Type I application, the department shall decide whether the application includes the applicable information listed in Section 21.81.060. If the application is deemed complete, the department shall begin substantive review of the application. If the application is deemed incomplete, the department shall notify the applicant in writing as to what basic submittal information is required to make the application complete. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information. An application shall be deemed complete if the department does not provide a written determination to the applicant that the application is incomplete as provided in this subsection.

2.

Within three calendar days of application submittal (or six calendar days if application is mailed in or dropped off), the applicant shall post an identification sign at a location on the project site that is visible from the access road, giving the name and general description of the proposed project and a contact name and phone number for more information. This sign is for the purpose of project identification rather than public notification. The sign shall be provided by Thurston County. The posted sign may be removed no earlier than fourteen calendar days after the decision on the application.

3.

Within fifty-eight calendar days of the date that the Type I application is submitted, the approval authority, as provided in Illustration 1 of this chapter, shall approve, approve with conditions, or deny the application, and shall mail the decision to the applicant. In determining the number of days that have elapsed after the application submittal date, the following periods shall be excluded:

a.

Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information;

b.

Any period of time during which an administrative appeal is being processed;

c.

Any extension of time mutually agreed upon in writing by the applicant and the department.

Illustration 1.

Permit Review Matrix

Lacey UGA Zoning Ordinance

Permit/Review	Staff/ Director	Hearing Examiner (open hearing)	Planning Commission (open hearing)	Board of County Commissioners (closed hearing)	Review Process Timeline
					Type I	Type II	Type III	Type IV
Administrative variance	D	A		A	✓
Variance	R	D*		A			✓
Unclassified uses	D	A		A	✓
Sign permit	D	A		A	✓
Design review	D	A		A	✓
Planned industrial development (< twenty acres)	D	A		A	✓(if SEPA exempt)	✓
Planned industrial development (≥ twenty acres)	R	D		A			✓
Site plan review (administrative)	D	A		A	✓
Mobile home park	R	D		A			✓
Planned residential development (PRD)	R	D		A			✓
Minor adjustments	D	A		A	✓
Major adjustments	R	D		A			✓
Planned community conceptual approval	R		R	D (open hearing)				✓
Master plan	R		R	D (open hearing)				✓
Time extension	R	D		A			✓

 

Illustration 1. (Continued)

Permit/Review	Staff/ Director	Hearing Examiner (open hearing)	Planning Commission (open hearing)	Board of County Commissioners (closed hearing)	Review Process Timeline
					Type I	Type II	Type III	Type IV
Amendments	R	D		A			✓
Minor administrative alterations	D	A		A	✓
Administrative special use permits (e.g., expansion of nonconforming uses up to five percent)	D	A		A	✓			Special use permits
All others (including expansion of nonconforming uses over five percent or conversion)	R	D		A			✓
Site-specific rezones**	R	D		A			✓	✓(if Joint Plan amendment required)
Joint plan and zoning text amendments, and legislative rezones	R		R	D* (open hearing)				✓
Village center—binding master plan	R	D		A			✓
Townhouse development (≤ four lots)	D	A		A	✓
Townhouse development (> four lots)	R	D		A			✓
Classification of essential public facilities (for review purposes)	D	A			✓
Transfer of development rights approval	D				✓
Extension of time		(Same approval and review process as for original permit)
Permit/Review	Staff/ Director	Hearing Examiner (open hearing)	Planning Commission (open hearing)	Board of County Commissioners (closed hearing)	Review Process Timeline
					Type I	Type II	Type III	Type IV
Other administrative decisions/code interpretations	D	A		A	✓
Amendments to administrative actions	D	A		A	✓

 

* Decision-making authority mandated by state law.

** Except for site-specific rezones for which a corresponding joint plan amendment is required, which are approved by the board of county commissioners, follows the process for comprehensive plan amendments, zoning text amendments, and legislative rezones.

Approval Authority	Review Process
R = Recommendations	I = Ministerial process
D = Decision	II = Administrative process
A = Appeal	III = Quasi-judicial process
	IV = Legislative process

 

4.

At any time after the application is submitted, the department may request additional information or studies that are needed to complete the review due to the particular aspects of the project or site or if substantial changes are made to the proposed project. If this occurs, the applicant will be notified in writing as to what additional information is needed and the review clock will stop during the time that the applicant is assembling this information. The review clock will begin again once this additional information is submitted and deemed complete. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information.

5.

The decision may be appealed pursuant to Section 21.81.070.

6.

If the approval authority is unable to issue its decision within the time limits provided for in subsection A3 above, the department 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 a decision. A copy of this notice shall be forwarded to the board of county commissioners.

7.

For applications requiring design review, the process requirements of Section 21.70.040 shall also apply.

8.

Final review of planned industrial developments shall also follow the procedures in Chapter 21.43.

B.

Type II Procedure—Administrative Decision (see Appendix Table 21T.27).

1.

Within twenty-eight calendar days of receiving a Type II application, the department shall decide whether the application includes the applicable information listed in Section 21.81.060. If the application is deemed complete, the department shall send a letter of complete application to the applicant and shall begin substantive review of the application. If the application is deemed incomplete, the department shall send a letter of incomplete application to the applicant, listing the basic submittal information that is required to make the application complete. An application shall be deemed complete if the department does not provide a written determination to the applicant that the application is incomplete as provided in this subsection.

2.

Within fourteen calendar days after an applicant has submitted the additional information identified in the letter of incomplete application as being necessary for a complete application, the department shall notify the applicant in writing whether the application is complete or what basic submittal information is still needed to make the application complete.

3.

Once the application is deemed complete, a one hundred calendar day review clock begins. Either as part of the letter of complete application or as a separate written notification during the formal review period, the department may request additional information or studies that are needed to complete the review due to the particular aspects of the project or site or if substantial changes are made to the proposed project. If this occurs, the applicant will be notified in writing as to what additional information is needed and the review clock will stop during the time that the applicant is assembling this information. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information. The review clock will begin again once this additional information is submitted and deemed complete.

4.

Within nine calendar days after the application is deemed complete, the department shall mail a notice of application to all owners of property within a radius of three hundred feet of the project site. It shall also be mailed to the applicant and other interested parties. The notice of application shall include the following:

a.

The date of application, the date of the letter of complete application, and the date of the notice of application;

b.

A description of the proposed project and a list of the project permits included in the application and, if applicable, a list of any additional information or studies requested under Section 21.81.040B3 above;

c.

The identification of other permits not included in the application to the extent known by the department;

d.

The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed;

e.

A statement of the public comment period and statements of the right of any person to comment on the application, receive notice of and participate in any hearings if applicable, request a copy of the decision once made, and any appeal rights;

f.

A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency;

g.

A map showing the project site in relation to other properties; and

h.

Any other information determined appropriate by the department.

5.

The department shall accept public comments in response to the notice of application for up to twenty calendar days from the date of such notice. The department shall mail to the applicant a copy of comments timely received in response to the notice and shall consider such comments in the review of the application. The department may consider comments received after the twenty-day period has elapsed.

6.

Except for a determination of significance, the department shall not issue its SEPA threshold determination or issue a decision on the application until the expiration of the public comment period on the notice of application. However, the department may combine the comment period for a determination of nonsignificance with the comment period on the notice of application. Once the combined comment period ends, the department shall issue the threshold determination with or without a comment period, pursuant to Chapter 17.09 TCC.

7.

Within one hundred calendar days of the date of the letter of complete application, the approval authority, as provided in Illustration 1, shall approve, approve with conditions, or deny the application.

8.

If the SEPA threshold determination is appealed, the hearing examiner shall hold a combined open record hearing on both the SEPA appeal and the Type II application and shall render a decision on both actions.

9.

Within the time limits provided in subsection B7 above, the department shall mail a notice of decision to the applicant, the county assessor and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall include a description of the decision, any mitigating conditions, a statement of any SEPA threshold determination made under Chapter 17.09 TCC, notice that affected property owners may request a change in valuation for property tax purposes, and the procedures for appeal. The decision may be appealed pursuant to Section 21.81.070.

10.

In determining the number of days that have elapsed after the department has issued the letter of complete application, the following periods shall be excluded:

a.

Any period during which the applicant has been requested by the department to correct plans, perform required studies or provide additional required information;

b.

Any period of time during which an administrative appeal is being processed;

c.

Any period of time during which an environmental impact statement is being prepared;

d.

Any extension of time mutually agreed upon in writing by the applicant and the department.

11.

The time limits in subsection B7 above do not apply if a Type II application:

a.

Requires an amendment to the Comprehensive Plan or a development regulation;

b.

Requires approval of a new fully contained community, a master planned resort, or the siting of an essential public facility; or

c.

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.

12.

If the approval authority is unable to issue its decision within the time limits provided for in subsection B7 above, the department 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. A copy of this notice shall be forwarded to the board of county commissioners.

13.

Final review of planned industrial developments shall also follow the procedures in Chapter 21.43.

C.

Type III Procedure—Quasi-Judicial Decision (see Appendix Table 21T.28).

1.

Within twenty-eight calendar days of receiving a Type III application, the the applicable information listed in Section 21.81.060. The department shall render its decision on the completeness of the application in the manner prescribed in Section 21.81.040B1 and 2 above.

2.

Once the application is deemed complete, a one hundred twenty calendar day review clock begins. Either as part of the letter of complete application or as a separate written notification during the one-hundred-twenty-day review period, the department may request additional information or studies that are needed to complete the review due to the particular aspects of the project or site or if substantial changes are made to the proposed project. If this occurs, the applicant will be notified in writing as to what additional information is needed and the review clock will stop during the time that the applicant is assembling this information. The department shall make a determination of completeness within fourteen calendar days of submittal of any additional information. The review clock will begin again once this additional information is submitted and deemed complete.

3.

Within nine calendar days after the application is deemed complete, the department shall mail out a notice of application in the manner prescribed in Section 21.81.040B4 above, except that the mailing radius from the project site shall be expanded for the following special use permit applications:

a.

One-thousand-four-hundred-foot radius: airports, landing strips and freestanding WCFs;

b.

Two-thousand-six-hundred-foot radius: solid waste disposal facilities and secure community transition facilities.

4.

The department shall accept public comments in response to the notice of application in the manner prescribed in Section 21.81.040B5 above.

5.

Except for a determination of significance, the department shall not issue its SEPA threshold determination or issue a decision on the application until the expiration of the public comment period on the notice of application. However, the department may combine the comment period for a determination of nonsignificance with the comment period on the notice of application. Once the combined comment period ends, the department shall issue the threshold determination with or without a comment period, pursuant to Chapter 17.09 of this code.

6.

At least ten calendar days prior to the hearing examiner public hearing, the department shall complete the SEPA review and appeal process, pursuant to Chapter 17.09 of this code.

7.

At least ten calendar days prior to the hearing examiner public hearing on a Type III application, the department shall provide notice of the public hearing as follows:

a.

Publish notice, including the project location, description, type of permit(s) required, comment period dates and location where the complete application may be reviewed, in the newspaper of general circulation in Thurston County;

b.

Mail notice, including all items described in subsection C7a above, to owners of property surrounding the project site, the applicant and other interested parties in the same manner prescribed in Section 21.81.040C3 above;

c.

Post notice, including the project number, name and description, parcel number, date, time and location of public hearing, and telephone number where the county staff can be contacted for more information, in a conspicuous place visible to the public on or near the project site.

8.

Within one hundred twenty calendar days of the date of the letter of complete application, the hearing examiner shall hold an open record public hearing on the Type III application and shall approve, approve with conditions or deny the application.

9.

If the SEPA threshold determination is appealed, the hearing examiner shall hold a combined open record hearing on both the SEPA appeal and Type III application and shall render a decision on both actions.

10.

Within the time limits provided in subsection (C)(8) of this section, the department shall mail a notice of decision to the applicant, the county assessor and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall include a description of the decision, any mitigating conditions, a statement of any SEPA threshold determination made under Chapter 17.09 of this code, notice that affected property owners may request a change in valuation for property tax purposes, and the procedures for appeal. The decision may be appealed pursuant to Chapter 2.06 of this code.

11.

In determining the number of days that have elapsed after the department has issued the letter of complete application, the following periods shall be excluded:

a.

Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information;

b.

Any period of time during which an administrative appeal is being processed;

c.

Any period of time during which an environmental impact statement is being prepared;

d.

Any extension of time mutually agreed upon in writing by the applicant and the department.

12.

The time limits in subsection (C)(8) of this section do not apply if a Type III application:

a.

Requires an amendment to the Comprehensive Plan or a development regulation;

b.

Requires approval of a new fully contained community, a master planned resort, or the siting of an essential public facility; or

c.

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.

13.

If the approval authority is unable to issue its decision within the time limits provided for in subsection (C)(8) of this section, the department 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. A copy of this notice shall be forwarded to the board of county commissioners.

14.

Village Center proposals shall also follow the procedures in Chapter 21.50.

15.

Final review of planned residential developments shall also follow the procedures in Chapter 21.60.

16.

Final review of planned industrial developments shall also follow the procedures in Chapter 21.43.

D.

Type IV Procedure—Legislative Decision. Type IV actions shall be processed pursuant to Chapter 21.96. Amendments to comprehensive plans, joint plans and development regulations shall also be processed in accordance with the docketing and public participation requirements of Chapter 2.05 of this code. Review of planned communities shall also follow the procedures in Chapter 21.44.

(Ord. 12807 § 11, 2002; Ord. 11867 § 2 (part), 1998; Ord. 11804 §§ 120, 121, 1998; Ord. 11499 §§ 30, 31, 1997: Ord. 11274 § 1 (part), 1996)

(Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 15020, § 7(Att. E), 5-20-2014)