The director of community services, or his/her designee(s), shall prepare a staff report for the development permit(s) being sought. The staff report shall be a single report that:
A. 
Includes necessary information and analysis, including reference to applicable city or other plans, policies, and regulations related to the development project;
B. 
Indicates citizen, public, and agency comments received to date on the development project. Comments may stem from receipt of a notice of application, environmental determination, or otherwise;
C. 
Indicates any administrative decisions made on, and rationale for, any development project aspects, including mitigation measures, not requiring an open record predecision hearing;
D. 
Indicates staff recommendations, and rationale for, on any development project aspects, including mitigation measures, requiring an open record predecision hearing;
E. 
Is prepared in a timely manner to meet notice of decision guidelines outlined in Section 20.05.005;
F. 
If a threshold determination other than a determination of significance has not been issued previously by the city, the report shall include or append said determination;
G. 
Shall be the basis, in addition to public comments received and deliberations made by decision-making individuals or bodies, for all permit or approval decisions.
(Ord. 989 § 1 (part), 1996)
The director of community services or his/her designee shall be responsible for scheduling a development permit application for review and public hearing.
A. 
Only one local open record public hearing shall be held on an application for consolidated development permit(s);
B. 
The open record public hearing shall be scheduled in a timely manner so as to meet notice of decision guidelines outlined in NBMC § 20.05.005, as well as other notice guidelines indicated by this title. Notice of the public hearing shall be provided for as indicated in NBMC § 20.03.001 and/or § 20.03.002.
(Ord. 989 § 1 (part), 1996)
A. 
The city council, planning commission, zoning board of adjustment, or shorelines board may not communicate, directly or indirectly, regarding any issue in a proceeding before it, other than to participate in communications necessary to procedural aspects of maintaining an orderly process, unless it provides notice and opportunity for all parties to participate; except that the aforementioned bodies may receive advice from legal counsel, and from staff members, except where the proceeding relates to a code enforcement investigation or prosecution.
B. 
If the city council, planning commission, zoning board of adjustment, or shorelines board, in a quasi-judicial proceeding, receives an ex parte communication of a type that could not properly be received while serving, said body shall disclose the communication and place the following on the official record:
1. 
All written communications received;
2. 
All written responses to the communications;
3. 
State the substance of all oral communications received and all responses made; and
4. 
The identity of each person from whom ex parte communication was received.
The city council, planning commission, zoning board of adjustment, or shorelines board shall advise all parties whether any ex parte communications have been placed on the record. Upon request made within 10 calendar days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record.
(Ord. 989 § 1 (part), 1996)
The development permit application must be supported by proof that it conforms to applicable elements of the city's comprehensive plan, land use codes, and development regulations, and that any significant adverse environmental impacts have been adequately addressed. This burden of proof is on the applicant.
(Ord. 989 § 1 (part), 1996)
A. 
Following the public hearing, the city council, zoning board of adjustment, or shorelines board shall issue a written and signed "notice of decision" which approves, conditionally approves, or denies an application requiring a decision by any such body. If the hearing is an appeal, the hearing body shall issue a written and signed "notice of decision on appeal" which affirms, reverses, or remands the decision that is on appeal.
B. 
The city council's, zoning board of adjustment's, or shorelines board's written notice of decision shall issue within 10 calendar days after the hearing on the development permit application, and within 120 calendar days after the city issues a determination of completeness pursuant to NBMC § 20.02.003(D).
C. 
The notice of decision shall be provided as follows:
1. 
To the applicant by mail or in person;
2. 
To any person who, prior to the decision, requested notice of the decision or submitted substantive comments on the application.
D. 
The notice of decision shall set forth any appeal timeframes and procedures, but failure to do so or provisions of inaccurate timeframes and procedures shall not release an applicant from responsibility to perfect an appeal in a timely fashion.
E. 
If the city is unable to issue its notice of decision on a development permit and approval application 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 decision.
(Ord. 989 § 1 (part), 1996)
A. 
In determining the number of days that have elapsed between the notice of completion, NBMC § 20.02.003, and the notice of decision, NBMC § 20.05.005, 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, in writing, of the need for additional information until the local government determines that the additional information satisfies the request for information or 14 calendar 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 local government and the applicant in writing agree to a time period for completion of an environmental impact statement;
4. 
Any period for administrative appeals of development 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 calendar days for an open record appeal hearing; and
b. 
Sixty calendar days for a closed record appeal.
The parties may agree to extend these time periods; and
5. 
Any extension of time mutually agreed upon by the applicant and the local government.
B. 
The time limits established in this title do not apply if a development permit application:
1. 
Is exempt under NBMC § 20.01.003;
2. 
Requires approval of the siting of an essential public facility as provided in RCW 36.70A.200;
3. 
Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised development application is determined to be complete under NBMC § 20.02.003.
(Ord. 989 § 1 (part), 1996)