ORD 2322ORDINANCE NO. 2... 32 1-
AN ORDINANCE amending Chapter 18.55 of the Camas
Municipal Code by revising the procedures for land development
permits.
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS:
Section I
Chapter 18.55 of the Camas Municipal Code is amended to provide as set forth in Exhibit . .
"A" attached hereto and by this reference incorporated herein.
Section II
This ordinance shall take force and be in effect five (5) days from and after its publication
according to law.
PASSED by the Council and APPROVED by the Mayo
SIGNED:,--At¢==~~=====:::::::==--
Mayor
ATTESTr!fr A 4Pt :/
Clerk :
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Chapter 18.55 ADMINISTRATION AND PROCEDURES
Sections:
18.55.010
18.55.020
18.55.030
Article I General Procedures
Procedures for Processing Development Permits.
Determination of Proper Procedure Type.
Summary of decision making processes.
Article II Pre-Filing Requirements
18.55.050 Initiation of action.
18.55.060 Pre-application conference meeting -Type II, Type III, Type IV.
18.55.100
18.55.110
18.55.120
18.55.130
18.55.150
18.55.160
18.55.165
18.55.170
18.55.180
18.55.190
18.55.200
18.55.210
18.55.220
18.55.230
18.55.240
18.55.250
18.55.260
18.55.270
18.55.280
18.55.290
Article (II Application Requirements
Application requirements for Type II, III, and BOA applications.
Application -required information.
Signage -Development Application -Type III.
Letter of Completeness Type II, Type III, Type IV, SMP or BOA.
Article IV Public Notices and Hearings
Notice of Application -Type III, Type IV, consolidated permit
processing.
SEPA and notice of application
SEPA -Threshold determination and consolidated review.
Optional public notice.
Hearings process -Type III applications.
Hearings Notice -Type III applications.
Article V Decisions and Appeals
Appeals -Generally.
Appeals -Type II, Consolidated Review, SMP and/or SEPA.
Conditions of approval.
Notice of decision.
Judicial Appeals.
Reapplication limited.
Expiration of a Type II, Type III, or BOA decisions.
Revocation of decisions.
Modification of Conditions.
Minor Modifications.
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8112/02 CC 18.55
Article VI Miscellaneous Processes
18.55.305
18.55.310
18.55.320
18.55.330
18.55.340
18.55.345
Joint public hearings.
Board of Adjustment.
Type IV -Legislative hearing process.
Shoreline Master Program Permits.
Development agreements.
Final Plat approval.
Article VII Code Conflicts
18.55.350 Applicability in the event of conflicts.
18.55.360 Severability.
18.55.400
18.55.410
18.55.420
18.55.430
18.55.440
18.55.450
18.55.460
Article VIII Enforcement
Enforcing authority.
General penalty.
Application.
Civil regulatory order.
Civil fines.
Review of approved permits.
Revocation of permits or approvals.
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8112102 CC 18.55
Article I General Procedures
18.55.010 Procedures for Processing Development Permits
,
For the purpose of project permit processing, all development permit applications
shall be classified as one of the following: Type I, Type II, Type III, BOA, SEPA,
Shoreline, or Type IV.
18.55.020 Determination of Proper Procedure Type.
A. Determination by Director. The Public Works Director or designee
(hereinafter the "Director"), shall determine the proper procedure for all
development applications. If there is a question as to the appropriate type
of procedure, the determination shall be at the Director's discretion.
B. Optional Consolidated Permit Processing. An application that involves
two or more project permits may be submitted concurrently and processed
with no more than one open record hearing and one closed record appeal.
If an applicant elects this process upon submittal and in writing, the
determination of completeness, notice of application, and notice of
decision or final decision shall include all project permits reviewed through
the consolidated permit process.
Under this process, all project permits that otherwise require an open
record hearing shall be combined and heard by the Planning Commission
at one hearing with a recommendation being made to the City Council.
The City Council will decide the matter based on the record.
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8112/02 CC 18.55
18.55.030 Summary of decision making processes.
The following decision making process table shall control the City's review of the
indicated permits:
Table 1 -Decision making process
APPROVAL PROCESS
Permit Type I " III Shore SEPA BOA
Archaeological X X
Conditional Use X
Design Review X
L1/BP X (1) X
Home Occu pations X (type A) X (type B)
Sensitive Areas/OS X X
Signs X
Temporary Uses X
Minor Modifications X
SEPA Threshold X
Determination
Shorelines Permit X
Lot Line Adjustment X
Short Plat X
Preliminary X
Subdivision Plat
Final Plats (2)
Binding Site Plans X
Planned X
Developments
Minor Variance X
Variances X
Zone X
Change/Single
Tract
Plan/Zone Change
Zone Code Text
Changes
Building Permits X X
Certificate of X
Occupancy
Sign Permits X
(1) For development proposals subsequently subrmtted as part of an approved master plan, subarea plan, or
binding site plan.
(2) 18.55.345 for fInal plat approval.
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IV
X
X
8112/02 CC 18.55
Permit Types
A. Type I Decisions. The Public Works Director or designee shall render all
Type I decisions.
Type I decisions do not require interpretation or the exercise of policy or
legal judgment in evaluating approval standards. Type I decisions include, .
but are not limited to, site plan approval of building or other specialty
permits and final subdivision and planned unit development plans where
there are no material deviations from the approved preliminary plans. The
process requires no public notice. The approval authorities decision is the
final and not appealable by any party through a land use process. Type I
decisions by the Building Division may be appealed to the Board of
Adjustment.
B. Type II Decisions. The Public Works Director or designee shall render the
initial decision on all Type II permit applications.
Type II decisions involve the exercise of some interpretation and
discretion in evaluating approval criteria. Applications evaluated through
this process are assumed to be allowable in the underlying zone. City
review typically focuses on what form the use will take, where it will be
located in relation to other uses and natural features and resources, and
how it will look. However, an application shall not be approved unless it is
or can be made to be consistent through conditions with the applicable
siting standards and in compliance with approval requirements. Upon
receipt of a complete application, the Director determines completeness,
issues a notice of application (consolidated review only), reviews and
renders a notice of decision. The Directors decision shall become final at
the close of business on the 14th day after the date on the decision unless
an appeal is filed. If an appeal is received, generally the City Council will
review the decision based on the record and the City Council decision will
be the City's final decision.
C. Type III Decisions. The City Council shall render all Type III decisions.
Type III decisions involve the greatest amount of discretion and!or
evaluation of approval criteria. Applications evaluated through this
process commonly involve conditional uses, subdivisions and
development within the City's Light Industrial! Business Park. Upon receipt
of a complete application, notice of public hearing is mailed to the owners
of record of the subject property, the applicant and owners of real property
within 300 feet of the subject tract, based upon Clark County assessment
records. The Notice of Public Hearing is issued at least 14 days pre-
hearing, and the staff report is generally made available 5 days pre-
hearing. If a SEPA threshold determination is required, the notice of
hearing shall be made at least 15 days pre-hearing and indicate the
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8112/02 CC 18.55
threshold determination made as well as the timeframe for filing an
appeal. The Planning Commission shall accept into the record all
testimony and evidence relevant to the matter, prior to the close of the
hearing. The Planning Commission makes a recommendation to the City
Council who makes the final decision based on the record.
D. Shoreline (SMP, Shore): The Public Works Director acts as the
"administrator". A Shoreline Management Review Committee reviews a
proposal and either determines to issue a permit or forward the application
along to the Planning Commission. The Shoreline procedures are
specified in Chapter 18.88.
E. SEPA (State Environmental Policy Act): When the City of Camas is the
lead agency, the Public Works director shall be the responsible official.
The procedures for SEPA are generally provided for under Title 16 of the
Camas Municipal code as well as 18.55.160 and 18.55.165.
F. Board of Adjustments (BOA) decisions include:
1. Variances;
2. Amortization periods for nonconforming signs;
3. Appeals from other administrative decisions as may be determined;
4. Appeal of Building Permits;
Board of Adjustment decisions are the final decision of the City except as
follows: In the event of a consolidated application involving a public,
hearing before the Planning Commission, the Board of Adjustment shall
conduct a joint public hearing with the Planning Commission and issue a
recommendation to the City Council. In a joint public hearing, each
reviewing body shall vote on and make a recommendation only upon the
issues for which they have authority.
G. Type IV Decisions. Type IV decisions are legislative actions which
involve the adoption or amendment of the City's land use regulations,
comprehensive plan, map inventories and other policy documents that
affect the entire City, large areas, or multiple properties. These
applications involve the greatest amount of discretion and evaluation of
subjective approval criteria, and must be referred by majority vote of the
entire Planning Commission onto the City Council for final action prior to
adoption by the City. The City Council's decision is the City's final
decision.
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8112102 CC 18.55
Article II Pre-Filing Requirements
18.55.050 Initiation of action.
Except as otherwise provided, Type I, II, III or BOA applications may only be
initiated by written consent of the owner(s) of record or contract purchaser(s).
Legislative actions may be initiated at the request of citizens, the City Council,
Planning Commission, or Department Director or Division Manager.
18.55.060 Pre-application conference meeting -Type II, Type III, Type IV.
(A) Prior to submitting an application for a Type II or Type III application, the
applicant shall schedule and attend a pre-application conference with City
staff to discuss the proposal. The pre-application conference shall follow
the procedure set forth by the Director.
(B) To schedule a pre-application conference, the applicant shall contact the
Planning Division. The purpose of the pre-application conference is for the
applicant to provide a summary of the applicant's development proposal to
staff and in return, for staff to provide feedback to an applicant on likely
impacts, limitations, requirements, approval standards, fees and other
information that may affect the proposal. The Director may provide the
applicant with a written summary of the pre-application conference within
10 days after the pre-application conference.
(C) Notwithstanding any representations by City staff at a pre-application
conference, staff is not authorized to waive any requirements of the City
Code. Any omission or failure by staff to recite to an applicant all relevant
applicable code requirement shall not constitute a waiver by the City of
any standard or requirement.
(D) A pre-application conference shall be valid for a period of 180 days from
the date it is held. If no application is filed within 180 days of the
conference or meeting, the applicant must sche.dule and attend another
conference before the City will accept a permit application. Any changes
to the code or other applicable laws which take effect between the pre-
application conference and submittal of an application shall be applicable.
(E) The Director may waive the pre-application requirements if, in the
Director's opinion, the development does not warrant these steps.
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Article III Application Requirements
18.55.100 Application requirements for Type II, III, and BOA applications.
All type II, type III, and BOA permit applications must be submitted at the
Planning Division office on the most current forms provided by the City, along
with the appropriate fee and all necessary supporting documentation and
information, sufficient to demonstrate compliance with all applicable approval
criteria. The applicant has the burden of demonstrating, with evidence, that all
applicable approval criteria are, or can be met.
18.55.110 Application· required information.
A Type II, Type III, or BOA application includes all the materials listed in this
subsection. The Director may waive the submission of any of these materials if
not deemed to be applicable to the specific review sought. Likewise, the Director
may require additional information, beyond that listed in this subsection or
elsewhere in the City Code, such as a traffic study or other report prepared by an
appropriate expert, where needed to address relevant approval criteria. In any
event, the applicant is responsible for the completeness and accuracy of the
application and all of the supporting documentation. Unless specifically waived
by the Director, the following must be submitted at the time of application:
A. One copy of a completed City application form(s) and required fee(s);
B. A complete list of the permit approvals sought by the applicant;
C. A current (within 30 days prior to application) mailing list of owners of real
property within 300 feet of the subject parcel, certified as based on the
records of the Clark County Assessor.
D. A complete and detailed narrative description that describes the proposed
development, existing site conditions, existing buildings, public facilities
and services and other natural features. The narrative shall also explain
how the criteria are or can be met, and address any other information
indicated by staff at the pre-application conference as being required;
E. Necessary drawings in the quantity specified by the Director;
F. Copy of the pre-application meeting notes (Type II and Type III);
G. SEPA Checklist, if required.
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18.55.120 Signage -Development Notice -Type III.
Signage -Development Application: Prior to an application being deemed
complete and scheduled for public hearing, the applicant shall post, one 4' X 8'
sign per road frontage. The sign shall be attached to the ground with at
minimum two 4"X4" posts or better. The sign shall be clearly visible from
adjoining rights of way and generally include the following:
A. Description of Proposal;
B. Types of permit applications on file and being considered by the City of
Camas;
C. Site plan;
D. Name and phone number of Applicant and City of Camas contact for
additional information.
E. A statement that a public hearing is required and scheduled as follows:
1. Hearing Date and time:
2. Hearing Location:
Adequate space shall be provided for the date and location of the hearing to
added upon scheduling by the City.
The development sign shall remain posted and in reasonable condition until a
final decision of the City is issued and shall be removed by the applicant within
14 days of the Notice of Decision by the City.
18.55.130 Letter of Completeness Type II, Type III, Type IV, SMP or BOA.
A. Upon submission of a Type II, Type III, Type IV application, SMP or a
BOA application, the Director should date stamp the application form and
verify that the appropriate application fee has been submitted. The
Director will then review the application and evaluate whether the
application is complete. Within 28 days of receipt of the application, the
Director shall complete this initial review and issue to the applicant a
completeness letter indicating whether or not the application is complete.
If not complete, the Director shall advise the applicant what information
must be submitted to make the application complete.
B. If the director does not issue a letter of completeness or incompleteness
within 28 days, the application will be presumed complete on the 28th day
after submittal.
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8112102 CC 18.55
C. Upon receipt of a letter indicating the application is incomplete, the
applicant has 180 days from the original application submittal date within
which to submit the missing information or the application shall be rejected
and all materials returned to the applicant. If the applicant submits the
requested information within the 180 day period, the Director shall again
verify whether the application, as augmented, is complete. Each such
review and verification shall follow the procedure in subsection (A) of this
section.
D. Once the Director determines the application is complete, or the applicant
refuses in writing to submit any additional information, the City shall
declare the application complete and generally take final action on the
application within 120 days of the date of the completeness letter. The
timeframe for a final decision may vary due to requests by the City to
correct plans, perform required studies, provide additional required
information, extensions of time agreed to by the applicant and the city, or
delays related to simultaneous processing of Shoreline's or SEPA
reviews.
E. The approval criteria and standards which control the City's review and
decision on a complete application are those which were in effect on the
date the application was first submitted or as prescribed by a development
agreement.
Article IV Public Notices and Hearings
18.55.150 Notice of Application -Type III, Type IV, consolidated permit·
processing (eg. SEPA & Type II).
A. Notice of Application Required: A notice of application will be required for
the following applications:
1. Consolidated project permit applications;
2. Type III applications;
3. Type IV applications.
B. Contents. The notice of Type III, Type IV or consolidated permit
applications shall include:
1. The date of application, the date of the notice of completeness, and the
date of the notice of application;
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8112/02 CC 18.55
2. A description of the proposed project action and a list of project permits
included in the application, and, if applicable, a list of any studies
requested under RCW 36.70A.440.
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 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
fifteen (15) 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 rights;
6. The date, time, and place of hearing, if applicable and known;
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 consistency as provided in
Title 16;
8. Any other information determined appropriate by the City, such as the
City's threshold determination.
C. Time frame for issuance of Notice of Application.
1. Within fourteen (14) days after the City has made a determination of
completeness of a project permit application, the City shall issue a
notice of application.
2. If any open record predecision hearing is required for the requested
project permit(s), the notice of application shall be provided at least
fifteen (15) days prior to the open record hearing.
D. Published: The Notice of Application shall be published in the City's
official newspaper of general circulation in the general area where the
proposal is located.
E. Mailed: The Notice of Application shall be mailed to all owners of record
of the subject property and all owners of real property generally located
within 300 feet of the subject property based on Clark County GIS records.
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8112/02 CC 18.55
F. Preliminary Plat Actions. In addition to the Notice of Application
requirements above for preliminary plats and proposed subdivisions,
additional notice shall be provided as follows:
1. Notice of the filing of a preliminary plat adjacent to or within one mile of
the municipal boundaries of the city, or which contemplates the use of
any city or town utilities shall be given to the appropriate city or town
authorities.
2. Notice of the filing of a preliminary plat of a proposed subdivision
adjoining the City limits shall be given to the appropriate county official.
3. 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 secretary of transportation, who must respond within 15 days of
such notice.
4. 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 this section
shall be given to owners of real property located within three hundred
feet of any portion of the boundaries of such adjacently located parcels
of real property owned by the owner of the real property proposed to
be subdivided.
18.55.160 SEPA -Threshold Determination Issuance and Notice of
Application.
A. Except for a determination of significance, the City will not issue its
threshold determination on a project permit until the expiration of the
public comment period on the notice of application if one is required.
B. Preliminary SEPA Determination and Notice of Application. To integrate a
project action with environmental review under SEPA and to encourage
early public comment on project applications, a preliminary SEPA
Determination may be provided with the notice of application if such
preliminary SEPA determination has been made at the time the notice of
application is issued. This preliminary SEPA Determination may not
substitute for the actual SEPA threshold determination.
C. If the City issues a determination of significance with the notice of
application, the notice of application shall be combined with the
determination of significance and scoping notice. The determination of
significance and scoping notice may be issued prior to~ the notice of
application.
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8112/02 CC 18.55
D. Public Hearing on Project Permit. If an open record pre-decision hearing
is required for the underlying project permit application, the City shall
issue its threshold determination at least 15 days prior to the open record
pre-decision hearing.
18.55.165SEPA threshold determinations and consolidated review.
A. Notice of Threshold Determinations: Under a consolidated review, Notice
of a Threshold Determination will be mailed to those agencies, individuals
or entities submitting comment within the comment period and to all
owners of record of the subject property and all owners of real property
generally located within 300 feet of the subject property based on Clark
County GIS Records. Where a Notice of Public Hearing is required, the
Threshold Determination may be combined with such notice. An applicant
is responsible for submitting a certified list of the property owners to be
notified and mailing labels of this list.
B. Consolidated Appeals. All SEPA related appeals, other than a OS, shall
be consolidated with the open record hearing, or appeal, if any, on the
underlying project application.
C. OS appeals shall be heard in a separate open record hearing prior to the
open record hearing, if applicable, on the underlying project application.
The purpose for this early separate appeal hearing is to resolve the need
for an environmental impact statement (EIS) and to permit administrative
and judicial review, prior to preparation of and EIS.
D. Notice of Appeal -Timing and Content
1. All SEPA appeals shall be filed in writing with the City of Camas Clerk
accompanied by the required filing fee.
2. The notice of appeal shall identify the appellant, establish standing,
and set principal points of the appeal.
3. The notice of appeal shall be filed no later than fourteen (14) days after
the threshold determination has been issued.
18.55.170 Optional Public Notice.
As optional methods of providing public notice of any project permit(s), the City
may utilize one or more of the following:
A. Notify the public or private groups with known interest in a certain proposal or
in the type of proposal being considered;
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8112/02 CC 18.55
B. Notify the news media;
C. Place notices in appropriate regional, local, or neighborhood newspapers or
trade journals;
D. Publishing notice in City newsletters or sending notice to agency mailing lists,
either general lists or lists for specific proposals or subject areas; and
E. Mailing to neighboring property owners.
F. Placing notice on the City of Camas official web site.
The City's failure to provide the optional notice as described in this section shall
not be grounds for invalidation of any permit decision.
18.55.180 Hearings process -Type III applications.
Type III public hearings shall be open record and comply with the procedures of
this section.
A. The Director shall not schedule a public hearing prior to an application
being complete.
B. Notice of the hearing on Type III applications shall be as provided in this
chapter.
C. The Director shall prepare a staff report on the application which identifies
the applicable approval criteria, describes the application and the
applicant's proposal, summarizes all relevant City department, agency and
public comments, describes all other known pertinent facts as they relate
to the application and the approval criteria, and makes a recommendation
as to whether the approval criteria are satisfied or could be satisfied with
conditions.
D. The Planning Commission shall conduct a public hearing in accordance
with its rules of procedures and make a recommendation to the City
Council supported by the record as to whether to approve, approve with
conditions, or deny an application.
E. Continuances: If for any reason, a hearing on a pending action cannot be
completed on the date set in the public notice, the meeting or hearing may
be continued to a date certain and no further notice under this section is
required. The Planning Commission may limit the submittal of additional
information at a continued hearing.
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8/12/02 CC 18.55
F. The City Council, in a closed record meeting, considers the Planning
Commission record and makes a final decision on the matter. The City
Council may approve, approve with conditions, deny, or remand the
matter for further specific consideration.
18.55.190 Hearings Notice
A. A Notice of Public Hearing is required for all open record quasi-judicial
hearings for which a scheduled hearing date was not included in a Notice
of Application.
1. Mailed Notice: At least 15 days prior to a hearing prepare and send
by mail, notice of hearing to all owners of record of the subject property
and all owners of real property generally located within 300 feet of the
subject property based on Clark County GIS Records. An applicant is
responsible for submitting a certified list of the property owners to be
notified and mailing labels of this list.
2. Published Notice: At least 14 days prior to a hearing, publish the
notice of hearing in a newspaper of general circulation within the City.
3. Content of Notice under section 1 or 2, above:
a. The time, date and location of the public hearing;
b. A general description of the proposed project;
d. The street address or other easily understood location of the
subject property and City assigned case file number;
e. A timeframe for submitting written comments for inclusion in the
Planning Commission packet;
f. If a SEPA threshold determination is required, notice under section
1 above, may include the notice of the threshold determination;
g. A description of other project administrative decisions or
determinations and appeal periods.
4. Failure to satisfy the notice requirements of this section shall not
invalidate the proceeding.
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8112/02 CC 18.55
Article V Decisions and Appeals
18.55.200 Appeals· Generally.
Appeals of any decisions of the City must be filed in the manner and on forms
provided by the City and comply with the requirements of this section.
A. Type I decisions are not appealable to any other decision maker within the
City.
B. A Notice of Appeal of a Type II or SMP or SEPA decision must be
received in writing by the Planning Division within 14 calendar days of the
date on the Notice of Decision.
1. Appeal of a decision under this subsection received prior to an open
record hearing on a consolidated project review shall be consolidated
with the open record hearing.
2. If an appeal is filed after an open record hearing on a consolidated
permit review, it shall be a closed record appeal before the City
Council and considered at the same meeting as the Planning
Commission recommendation on the consolidated open record
hearing. [RCW 36.70B.060(6)]
3. If no open record hearing is otherwise provided, an appeal under this
section shall be based on the record before the City Council.
4. Appeals shall include not more than one open record hearing before
the Planning Commission and a closed record decision by the City
Council.
C. Type III -Planning Commission recommendations are not appealable.
However, any party may submit written arguments based on the record to
refute the Planning Commission recommendation no later than 7 days
prior to the City Council Meeting on the matter.
D. BOA decisions are not appealable to any other decision maker within the
City. The actions of the Board of Adjustment in granting or denying an
application, shall be final and conclusive, unless within 21 days from the
date of the BOA's action, the original applicant or an aggrieved party
petitions the Superior Court of Clark County under the Land Use Petition
Act.
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8112102 CC 18.55
18.55.210 Appeals· Type II, SMP.
All Type II or SMP appeals not part of a consolidated review shall be conducted
in a closed record meeting before the City Council and comply with the
procedures of this section.
A. Timing. Appeals under this section shall be made no later than the close
of business on the 14th day after the date on the notice of decision.
B. Content of Appeal. Appeals shall be in writing, be accompanied by an
appeal fee, 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, following by the appellant's signature.
C. Once the Director determines that an application an appeal of a Director's
decision or determination has been properly filed, the Director shall
schedule a closed record hearing before the City Council.
D. Notice of an appeal under this section shall be made to those entitled to
notice of the decision or determination.
18.55.220 Conditions of approval.
A. All City decision makers have the authority to impose reasonable
conditions of approval designed to ensure that all applicable approval
standards are, or can be, met.
B. The applicant retains the burden of demonstrating that applications
comply with the approval criteria or can and will comply with the approval
criteria through the imposition of conditions of approval. Further, the
applicant must file evidence demonstrating that an approval criteria can be
met with the imposition of conditions as well as demonstrate a
commitment to comply with conditions of approval.
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8112/02 CC 18.55
C. Failure to comply with any condition of approval shall be grounds for
revocation of the permit(s) and grounds for instituting code enforcement
proceedings pursuant to the City code.
18.55.230 Notice of decision
A. Type II or BOA process. The City shall mail a notice of all decisions
rendered under a Type" or BOA process. Except as otherwise provided
in the Camas Municipal Code, notice of type" or BOA decisions shall be
mailed to all property owners within 300 feet of the subject property based
on Clark County GIS Records.
B. Type III decisions: The City shall mail a notice of all decisions rendered
under a Type "I process. Mailed notice of the decision shall be as
follows:
1. Any person, who prior to rendering of the decision, requested notice of
the decision or submitted substantial comments on the application;
2. Those who were provided a notice of application;
Those individuals signing a petition and not otherwise submitting
substantial comments are not entitled to a notice of decision.
C. The notice of decision shall include the following information:
1. The file number and effective date of decision;
2. The name of the applicant, owner and appellant (if different);
3. The street address or other easily understood location of the subject
property;
4. A brief summary of the decision, and if an approval, a description of
the use approved;
5. The contact person, address and a telephone number whereby a copy
of the final decision may be inspected or copies obtained.
D. For initial Type" decisions or SMP decisions not requiring an open public
hearing, a statement that the decision(s) are final at the close of business
on the 14th day after the date on the decision unless appealed, and
description of the requirements for perfecting an appeal;
E. For consolidated reviews -Notice of Decision for administrative decisions
and determinations may be included in the Notice of Public Hearing for
those portions of a development requiring a public hearing.
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F. A statement of appeal rights and timing.
18.55.240 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 Clark county Superior Court. Such
petition must be filed within twenty-one days after issuance of the decision, as
provided in chapter 36.70C RCW.
18.55.250 Reapplication limited.
If an application is denied, or withdrawn following the close of the public hearing,
no reapplication for the same or substantially similar proposal may be made for
one year following the date of final decision denying the permit or the date of
withdrawal.
18.55.260 Expiration of a Type II, Type III, or BOA decisions.
A. Type II, Type III or BOA approvals automatically become void, if no time
frame is specified in the approval, and if any of the following events occur:
1. If, within two years of the date of the final decision, all necessary
building permit(s) have not been issued, if required; or
2. If, within two years of the date of the final decision, the development
action or activity approved in the decision is not initiated.
B. Notwithstanding Subsection (A) of this section, subdivision plats, short
plats, or lot line adjustments must be recorded within five years of final plat
approval.
C. New application required. Expiration of an approval shall require a new
application for any use on the subject property that is not otherwise
allowed outright.
D. Deferral of the expiration period due to appeals. If a permit decision is
appealed beyond the jurisdiction of the City, the expiration period shall not
begin until review before the appellate courts has been completed,
including any remand proceedings before the City. The expiration period
provided for in this section will begin to run on the date of final disposition
of the case (the date when an appeal may no longer be filed).
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18.55.270 Revocation of decisions.
In the event an applicant, or the applicant's successor in interest, fails to fully
comply with all conditions of approval or otherwise does not comply fully with the
City's approval, the City may institute a revocation or modification proceeding
under this section.
A. All Type II, Type III, Shoreline, SEPA, or BOA decisions may be revoked
or modified if the approval authority determines a substantial likelihood
that any of the following situations exists:
1. One or more conditions of the approval have not been implemented or
have been violated; or
2. The activities of the use, or the use itself, are substantially different from
what was approved or represented by the applicant.
B. Revocation or modification shall be processed as a Type III decision,
however, the notice requirements for Type III applications may be waived.
The Planning Division or any private complaining party shall have the
burden of proving, based on substantial evidence in the whole record, that
the applicant or the applicant's successor has in some way violated the
City's approval.
C. Possible actions at the revocation hearing. Depending on the situation, the
City Council may recommend any of the actions described below. The City
Council may not approve the new use or a use that is more intense than
originally approved unless the possibility of this change has been stated in
the public notice. Uses or development which are alleged to have not
fulfilled conditions, violate conditions or the use is not consistent with the
City's approval may be subject to any of the following actions;
1. The City Council may find that the use or development is complying
with the conditions of the approval or is as approved by the City. In this
case, the use or development shall be allowed to continue;
2. The City Council may modify the approval if the Commission finds that
the use or development does not fully comply with the conditions of
approval, that the violations are not substantial enough to warrant
revocation, and that the use can comply with the original approval
criteria if certain conditions are met. In this case, the Commission may
modify the existing conditions, add new conditions to ensure
compliance with the approval criteria, or refer the case to the code
compliance Commission for enforcement of the existing conditions;
3. The City Council may revoke the approval if the Commission finds
there are substantial violations of conditions or failure to implement
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land use decisions as represented by the applicant in the decision
approved, such that the original approval criteria for the use or
development are not being met.
D. Effect of revocation. In the event that the permit approval is revoked, the
use or development becomes illegal. The use or development shall be
terminated within thirty days of the date the revocation is authorized by the
City Council, unless the decision provides otherwise. In the event the
decision maker's decision on a revocation request is appealed, the
requirement to terminate the use shall be stayed pending a final,
unappealed decision.
18.55.280 Modification of Conditions.
Any request to modify a condition of permit approval shall be processed in the
same manner, and shall be subject to the same standards, as was the original
application provided the standards and criteria used to approve the decision are
consistent with the current code. However, the decision maker may at its sole
discretion, consider a modification request and limit its review of the approval
criteria to those issues or aspects of the application that are proposed to be
changed from what was originally approved.
18.55.290 Minor Modifications
Minor amendments or modifications to approved developments or permits. Minor
amendments are those which may affect the precise dimensions or location of
buildings, accessory structures and driveways, but do not affect (I) overall project
character, (ii) increase the number of lots, dwelling units, or density, or (iii)
decrease the quality or amount of open space, or (iv) vary from specified
dimensional standards of this title. Minor amendments are Type I decisions.
Article VI Miscellaneous Processes
18.55.300 Joint public hearings
A. 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 jurisdiction, state, regional, federal, or other agency, on the
proposed action, as long as: (1) the hearing is held within the city limits;
and (2) the requirements of subsection C below are met.
B. Applicants request for a joint hearing: The applicant may request that the
public hearing on a permit application be combined as long as the joint
hearing can be held within the time periods set forth in this Title. ·In the
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alternative, the applicant may agree to a particular schedule if that
additional time is needed in order to complete 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 City of Camas hearing.
4. The hearing is held within the Camas City limits.
18.55.310 Board of Adjustment
BOA public hearings shall be open record and comply with the procedures of this
section.
A. The Director shall not schedule a public hearing prior to an application
being complete or prior to issuance of an initial SEPA threshold
determination (comment and appeal period), if required.
B. Notice of the hearing on BOA applications shall be as provided in this
chapter.
C. The Director shall prepare a staff report on the application which identifies
the applicable approval criteria, describes the application and the
applicant's proposal, summarizes all relevant City department, agency and
public comments, describes all other pertinent facts as they relate to the
application and the approval criteria, and makes a recommendation as to
whether the approval criteria are satisfied or could be satisfied with
conditions.
D. The BOA shall conduct a public hearing in accordance with its rules of
procedures and make a decision as to whether to approve, approve with
conditions, or deny an application.
E. Continuances: If for any reason, a hearing on a pending action cannot be
completed on the date set in the public notice, the meeting or hearing may
be continued to a date certain and no further notice under this section is
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required. The BOA may limit the submittal of additional information at a
continued hearing.
F. Notice of Decision shall be as provided in this Chapter.
18.55.320 Type IV -Legislative hearing process.
A. Purpose. Legislative actions involve the adoption or amendment of the
City's Municipal Code, comprehensive plan, map inventories and other
policy documents that affect the entire City or large portions of it.
Legislative actions which affect land use must begin with a public hearing
before the City Council.
B. Notice of Legislative Hearings.
Notice of the date, time, place and subject of an initial legislative hearing
before the Planning Commission shall be published in a newspaper of
general circulation within the City at least six (6) days prior to the hearing.
C. Planning Commission Review:
1. Hearing required. The Planning Commission shall hold a public
hearing before recommending action on a legislative proposal.
Recommendations by the Planning Commission shall be by majority
vote of the entire Planning Commission.
2. Director's report. Once the Planning Commission's hearing has been
scheduled and notice provided under this section, the Director shall
prepare and make available a staff report on the legislative proposal at
least 5 days prior to the hearing.
3. Planning Commission recommendation. At the conclusion of the initial
hearing or a continued, the Planning Commission shall forward a
recommendation on the proposal to the City Council.
D. City Council review:
Upon a recommendation from the Planning Commission, the City Council
shall hold at least one public hearing on the proposal. At the conclusion of
the hearing, the City Council may adopt, modify or reject the proposal, or it
may remand the matter to the Planning Commission for further
consideration. If the decision is to adopt at least some form of the
proposal, and thereby amend the City's land use regulations,
comprehensive plan, official zoning maps or some component of any of
these documents, the City Council decision shall be enacted as an
ordinance or resolution.
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18.55.330 Shoreline Master Program Permits.
The process and procedures regarding Shoreline Master Program Permits are
found in Chapter 18.88. Where a permit under Chapter 18.88 is submitted
under concurrent review, the final decision by the City Council shall occur at the
same time as any other required permit or decision.
18.55.340 Development agreements
A. Development agreements --Authorized.
The City may enter into a development agreement with a person having
ownership or control of real property within its jurisdiction. The City may
enter into a development agreement for real property outside its
boundaries as part of a proposed annexation or a service agreement. A
development agreement must set forth the development standards and
other provisions that shall apply to and govern and vest the development,
use, and mitigation of the development of the real property for the duration
specified in the agreement. A development agreement shall be
consistent with applicable development regulations adopted by the City.
B. Development agreements --Effect.
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 build-out period specified in
the agreement, and may not be subject to an amendment to a zoning
ordinance or development standard or regulation or a new zoning
ordinance or development standard or regulation adopted after the
effective date of the agreement. A permit or approval issued by the
county or city after the execution of the development agreement must be
consistent with the development agreement.
C. Development agreements --Recording --Parties and successors bound.
A development agreement shall be recorded with the real property records
of the Clark County. During the term of the development agreement, the
agreement is binding on the parties and their successors, including the
City if the City assumes jurisdiction through incorporation or annexation of
the area covering the property covered by the development agreement.
D. Development agreements --Public hearing.
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Notwithstanding other 'procedural requirements of this title, the city shall
only approve a development agreement by ordinance or resolution after a
public hearing by the City Council. Notice of the public hearing shall be
made by publishing in the local paper, a minimum 6 days pre-hearing, the
time, date and location of the hearing, and a general description of the
location and proposal.
If the development agreement relates to a project permit application, the
provisions of chapter 36.70C RCW shall apply to the appeal of the
decision on the development agreement.
18.55.345 Final Plat approval.
Final Plat approval is subject to review and approval by the City Council
consistent with Title 17 and RCW 58.17.
Article VIII Code Conflicts
18.55.350 Applicability in the event of conflicts.
The provisions of Chapter supercede all conflicting provisions in the City of
Camas Municipal Code.
18.55.360 Severability
If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not effect the validity or constitutionality of any other
section, clause or phrase of this ordinance.
Article VIII Enforcement
18.55.400 Enforcing authority.
The Public Works Director, Planning Manager, Engineering Manager, Fire
Marshal, and Building Official shall be responsible for enforcing Titles 15 through
18, and may adopt administrative rules to meet that responsibility. The Directors
may delegate enforcement responsibility to the an appropriate designee, e.g.
code enforcement officer.
18.55.~10 General penalty.
Compliance with the requirements of Titles 15 through 18, Camas Municipal
Code, shall be mandatory. The general penalties and remedies established in
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Chapter 1.24, CMC, for such violations shall apply to any violation of those titles.
The enforcement actions authorized under this chapter shall be supplemental to
those general penalties and remedies.
18.55.420 Application.
Actions under this chapter may be taken in any order deemed necessary or
desirable by the Director to achieve the purpose of Titles 15 through 18.
Proof of a violation of a development permit or approval shall constitute prima
facie evidence that the violation is that of the applicant and/or owner of the
property upon which the violation exists. An enforcement action under this
chapter shall not relieve or prevent enforcement against any other responsible
person.
18.55.430 Civil regulatory order.
A. Authority. A civil regulatory order may be issued and served upon a
person if any activity by or at the direction of that person is, has been, or
may be taken in violation of the Development Code.
B. Notice. A civil regulatory order shall be deemed served and shall be
effective when posted at the location of the violation and/or delivered to
any suitable person at the location and/or delivered by mail or otherwise to
the owner or other person having responsibility for the location.
C. Content. A civil regulatory order shall set forth:
1. The name and address of the person to whom it is directed.
2. The location and specific description of the violation.
3. A notice that the order is effective immediately upon posting at the site
and/or receipt by the person to whom it is directed.
4. An order that the violation immediately cease, or that the potential
violation be avoided.
5. An order that the person stop work until the violation is corrected or
remedied.
6. A specific description of the actions required to correct, remedy, or
avoid the violation, including a time limit to complete such actions.
7. A notice that failure to comply with the regulatory order may result in
further enforcement actions, including civil fines and criminal penalties.
D. Remedial Action. The Director may require any action reasonably
calculated to correct or avoid the violation, including but not limited to
replacement, repair, supplementation, revegetation, or restoration.
E. Appeal. A civil regulatory order may be appealed in accordance with the
Camas Municipal Code.
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18.55.440 Civil fines.
A. Authority. A person who violates any provision of the Development Code,
or who fails to obtain any necessary permit, or who fails to comply with a
civil regulatory order shall be subject to a civil fine.
B. Amount. The civil fine assessed shall not exceed $1,000.00 for each
violation. Each separate day, event, action or occurrence shall constitute
a separate violation.
C. Notice. A civil fine shall be imposed by a written notice, and shall be
effective when served or posted as set forth in Section 18.55.330(B)
"Application." The notice shall describe the date, nature, location, and
act(s) comprising the violation, the amount of the fine, and the authority
under which the fine has been issued.
D. Collection. Civil fines shall be immediately due and payable upon
issuance and receipt of the notice. The Director may issue a regulatory
order stopping work until such fine is paid. If remission or appeal of the
fine is sought, the fine shall be due and payable upon issuance of a final
decision. If a fine remains unpaid 30 days after it becomes due and
payable, the Director may take actions necessary to recover the fine. Civil
fines shall be paid into the City's general fund.
E. Application for Remission. Any person incurring a civil fine may, within ten
days of receipt of the notice, apply in writing to the Director for remission
of the fine. The Director shall issue a decision on the application within 10
days. A fine may be remitted only upon a demonstration of extraordinary
circumstances.
F. Appeal. A civil fine may be appealed to the City Council as set forth in the
applicable enforcement provisions.
18.55.450 Review of approved permits.
A. Review: Any approval or permit issued under the authority of the
Development Code may be reviewed for compliance with the
requirements of the Development Code, or to determine if the action is
creating a nuisance or hazard, has been abandoned, or the approval or
permit was obtained by fraud or deception.
B. Initiation of Review: The review of an approval or permit may be initiated
by the Director, City Administrator, City Councilor by petition to the
Director by three property owners or three residents of separate dwelling
units in the City, stating their belief as to the noncompliance, nuisance or
hazard of the permitted activity.
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C. Director's Investigation: Upon receipt of information indicating the need
for, or upon receiving a request for review of permit or approval, the
Director shall investigate the matter and take one or more of the following
actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue a civil regulatory order and/or civil fine and/or recommend
revocation or modification of the permit or approval; and/or
3. Refer the matter to the City Attorney; and/or
4. Refer the matter to the City Council with a recommendation for action.
18.55.460 Revocation of permits or approvals.
A. City Council Review. Upon receiving a Director's recommendation for
revocation of a permit or approval, the City Council shall review the matter
at a public hearing. Upon a finding that the activity does not comply with
the conditions of approval or the provisions of the Development Code, or
creates a nuisance or hazard, the City Council may delete, modify or
impose such conditions on the permit or approval it deems sufficient to
remedy the deficiencies. If the Council finds no reasonable conditions
which would remedy the deficiencies, the permit or approval shall be
revoked and the activity allowed by the permit or approval shall cease.
B. Re-application. If a permit or approval is revoked for fraud or deception,
no similar application shall be accepted for a period of one year from the
date of final action and appeal, if any. If a permit or approval is revoked
for any other reason, another application may be submitted subject to all
of the requirements of the Development Code.
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